UN CERD: Tanzania Must Halt Maasai Evictions, Address Abuses

• The UN Committee on the Elimination of Racial Discrimination (CERD) has urged Tanzania to stop forced evictions of Indigenous Maasai people from their ancestral lands.
• CERD cited reports of arbitrary arrests, intimidation, racial profiling, and excessive force by law enforcement against Maasai opposing evictions.
• The committee noted that restrictions on access to resources and services in the Ngorongoro Conservation Area have pressured Maasai to relocate.
• Tanzanian authorities began relocating Maasai from Ngorongoro in 2022, citing population growth from 8,000 to over 100,000 since 1959.
• CERD's non-binding recommendations include providing alternative housing and compensation for unavoidable evictions, and securing informed consent for projects affecting the Maasai.

While the opinions and recommendations issued by the CERD are not legally binding, they carry considerable reputational weight on the international stage.

The United Nations Committee on the Elimination of Racial Discrimination (CERD) has issued a strong call for Tanzania to cease the forced evictions of Indigenous Maasai people from their ancestral lands. The international watchdog also urged the nation to address reported abuses perpetrated by law enforcement officials. The committee expressed significant concern over long-standing violations, which include forced relocations and restrictions on the Maasai's access to their traditional territories and natural resources.

Reports cited by the committee detail instances of arbitrary arrests, detention, reprisals, intimidation, and harassment faced by Maasai individuals who have opposed these evictions and relocations. Furthermore, the committee highlighted allegations of racial profiling and the racially motivated excessive use of force by law enforcement personnel. These actions, coupled with restrictions on access to vital grazing areas, water sources, and cultural sites within the Ngorongoro Conservation Area, have severely impacted the Maasai's economic, social, and cultural rights, creating pressure for them to abandon their ancestral homes.

Historically, Tanzania permitted Indigenous communities, such as the Maasai, to reside within certain national parks, including the Ngorongoro Conservation Area, a designated UNESCO World Heritage Site. However, Tanzanian authorities contend that the increasing Maasai population is encroaching upon wildlife habitats. Relocations from Ngorongoro commenced in 2022, which the government characterized as voluntary.

The population within Ngorongoro has grown substantially, from 8,000 residents in 1959 to over 100,000 currently. This demographic shift, alongside pressures from climate change leading to prolonged droughts and reduced crop yields, has intensified competition between pastoralists and wildlife for essential food and water resources.

The Committee on the Elimination of Racial Discrimination, composed of 18 independent human rights experts, is tasked with monitoring how countries adhere to the International Convention on the Elimination of All Forms of Racial Discrimination. This pivotal convention, which came into effect in 1969 and boasts 182 state parties, mandates that signatory nations eradicate racial discrimination, eliminate practices of segregation, and guarantee equality before the law for all individuals.

While the opinions and recommendations issued by the CERD are not legally binding, they carry considerable reputational weight on the international stage. The committee's findings regarding Tanzania underscore the global scrutiny on the nation's human rights record, particularly concerning the treatment of Indigenous populations and the protection of Maasai ancestral land rights. This international oversight serves as a significant mechanism for accountability, even in the absence of direct enforcement powers.

In light of its findings, the UN human rights committee urged Tanzania to immediately halt all forced evictions. The committee stipulated that should evictions prove unavoidable, affected individuals must be provided with adequate alternative housing and fair compensation. Furthermore, it emphasized that any future conservation, tourism, or development projects impacting the Maasai must only proceed following meaningful consultation and concerted efforts to secure their informed consent.

The CERD also called upon Tanzania to ensure that the Maasai community can fully exercise their rights without discrimination. This includes upholding their right to equality before the law and guaranteeing their effective participation in all decisions that directly affect their lives and livelihoods. These recommendations highlight a comprehensive approach to addressing the systemic issues identified, aiming to protect the fundamental rights of the Maasai people and prevent further Tanzania Indigenous rights violations.

Lawyers advising companies with operations or investments in Tanzania, especially in conservation, tourism, or development, should assess potential reputational and human rights due diligence risks stemming from the UN CERD's recommendations. While non-binding, these findings highlight international scrutiny and could influence future policy, legal challenges, or corporate social responsibility expectations regarding Indigenous land rights and forced evictions.

Source: Original reporting via AFP.