Pastoralist / Indigenous UPR Thematic Group Meeting 6th July 2015
About the Indigenous / Pastoralist Thematic Group
Pastoralism is defined by a high reliance on livestock as a source of economic and social wellbeing, and various types of strategic mobility to access water and grazing resources in areas of high rainfall variability. Pastoral sector is one of the very vital sectors in the country. This is due to the fact that a number of people are employed in this sector. Apart from that pastoral sector plays significant role in economic growth.
In conformity with the criteria set out by the African Commission on Human and Peoples Rights’ as well as the United Nations, the indigenous peoples of the United Republic of Tanzania include the Maasai, the Barbaig, Akie, Taturu and Hadzabe
UPR – General Introduction
The UPR is a unique State-driven process which involves a review of the human rights records of all UN Member States. The ultimate aim of this mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur. Tanzania - UN Member state - underwent the first cycle of the UPR on 3rd October 2011. The state considered all 153 recommendations, accepted 107 in full, 33 in part and the remaining 4 were referred for further consideration or rejected.
Monitoring the implementation of the UPR recommendations that Tanzania accepted need to be mainstreamed, this will form a procedural informed position of alternative report in the second cycle. THRDC has decided to take an active part regarding the follow up of the implementation. We account and value any of the initiatives undertaken either individually or jointly as far as thematic areas are concern. And the Coalition depends much on your expertise at thematic areas to accomplish the Monitoring strategy. Out rightly the Coalition will drive a coordination part of it and the rest will be left on the CSOs.
The accepted recommendations relevant to this thematic group include; Align policies to ensure access to and water for pastoralists with the African Union Framework on Pastoralism; Continue to work towards protecting and promoting the rights of marginalized and vulnerable population. Strengthen policy that would protect and promote food security as well as increase in the access to adequate, clean and safe drinking water especially for the population who live below poverty line; continue its current efforts to guarantee education for all.
About the accepted recommendation
Our idea is to monitor what the government has done so far to implement the accepted recommendations and see how we can move the government to put their efforts on our thematic area (indigenous). The following are the ones accepted in fully or partially.
- Align policies to ensure access to land and water for pastoralists with the African Union Framework on Pastoralism (Netherland)
Continue to work towards protecting and promoting the rights of marginalized and vulnerable population.
- Strengthen policy that would protect and promote food security as well as increase in the access to adequate, clean and safe drinking water especially for the population who live below poverty line.
- Continue its current efforts to guarantee education for all.
Other recommendations which were partially accepted and some rejected are as follows:
- Recognise the notion of indigenous peoples with a view to effectively protecting their rights (Denmark);
- Adopt measures to protect and preserve the cultural heritage and traditional way of life of indigenous peoples and undertake effective consultations with indigenous peoples based on free, prior and informed consent (Denmark)
- Launch a credible investigation of forced evictions and land conflicts and use the results of this investigation to help draft new legislation, which fully takes the rights of indigenous peoples into account (Finland);
- Promote a legal framework giving legal certitude in terms of property, in particular with regard to land ownership and protection against force evictions and recognition of the rights of indigenous people, pastoralists, hunters and gathering peoples (Mexico);
- Set up an effective statutory consultation mechanism with organizations working on the rights of indigenous peoples to help avoid further conflicts (Finland);
Therefore in measuring intervention made by the state institution we prefer to look at these points namely, Budgetary – if the government has increased the budget in the responsible ministry. Legislative – if there are formulations of laws. Policy – if there are policies formulated. Administrative decisions – if any. Judicial pronouncement – if any.
The final recommendations given out on the meeting
- Government should formulate a board to deal with land disputes.
- Traceability law should be participatory
- A need for pastoralism policy
- Need for communial and ownership
- Govt should remove game controlled areas in pastroralist areas
- Clear separation o powers
- Special bill for recognition of pastroralist / indigenous people / hadzabe
- Enforment of court decision and rule of law
- Govt shoul review conflicting laws / policies
- Mobility corridors for pastoralists
- Tressability and identification act should be reviewed / removed in partication considering pastoralist
- Need for community land for pastoralists so as to avoid land laws complexities under the village land act
- A need for specific organ / department to protect the interest of pastoralists ie ministry of livestock development