The United Republic Of Tanzania: Joint Promotion And Fact-Finding Mission, 2023

PREFACE

The discussion surrounding the status and human rights of indigenous peoples began to take shape at the African Commission on Human and Peoples’ Rights (Commission) in 1999. Since the 29th Ordinary Session in 2001, representatives of Indigenous community have actively participated in the Commission’s Ordinary Sessions to bring attention to the vulnerability and marginalization faced by indigenous populations in Africa. Their participation has shed more light on the human rights abuses that indigenous people face. They strongly request recognition and respect for their rights: civil, political, economic, social, cultural, and developmental. They also demand the right to live as a people and to determine their future freely based on their own culture, identity, hopes, and visions. Indigenous peoples wish to exercise these rights within the institutional framework applicable to the nation-state to which they belong. The Commission responded by recognizing that only by promoting and protecting the rights of indigenous groups can their legitimate concerns be addressed under the framework of the African Charter on Human and Peoples’ Rights (African Charter).

To gain a robust understanding of the situation of indigenous peoples in State Parties to the African Charter, the Commission established a Working Group of Experts on the Rights of Indigenous or Ethnic Communities in 2000, which was subsequently christened the Working Group on the Rights of Indigenous Populations/Communities (Working Group) in 2001. The Working Group undertakes country visits to study the human rights situation of indigenous peoples/communities and produces a report for the ACHPR. The special mechanism also organizes sensitization seminars, cooperates with relevant stakeholders, publishes reports, and shares information for the purpose of promoting and protecting indigenous peoples’ rights in Africa. The Working Group’s first report, titled “Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities” on the human rights situation of indigenous peoples and communities in Africa, was adopted by the Commission in November 2003 and published in book form in 2005. The report is the Commission’s official position on indigenous peoples’ rights in Africa.

Promotional missions, as this would provide the context within which the mission was conducted in general and with a specific focus on the Maasai community in Tanzania, whose matter falls under the Indigenous Communities cluster in the Commission. 

This Mission Report on Tanzania is part of a series of country-specific reports produced by the Working Group to be presented to and adopted by the Commission. The Report is based on engagement with various stakeholders, including government, National Human Rights Institutions, Civil Society Organizations, development partners, representatives of indigenous communities, both women and men, and other stakeholders. The Mission involved a wide variety of relevant stakeholders on indigenous peoples’ rights to have accurate information about the situation of the affected indigenous communities in the territory of a State Party concerned. A Mission of this sort is intended to generate constructive dialogue between the Commission, the Government of Tanzania, and other interested stakeholders.

This report presents the findings of the African Commission on Human and Peoples’ Rights (the Commission) following a Promotion and Fact-Finding Mission to the United Republic of Tanzania from 23 to 29 January 2023. While the mission was formally designated as a promotion mission under the Commission’s mandate, in practice, the visit predominantly operated as a fact-finding mission due to the prevailing circumstances on the ground, the urgency of the allegations surrounding indigenous communities, and the intensity of field-level grievances presented by affected communities.

The mission was carried out within the framework of the African Charter on Human and Peoples’ Rights (the African Charter), with a dual objective. First, to engage the Tanzanian government and other stakeholders in the promotion of human and peoples’ rights in the country. Second, and more pressingly, to assess the serious allegations of human rights violations related to the forced relocation of the Maasai people from the Ngorongoro and Loliondo areas and broader issues affecting indigenous populations and local communities.

The Commission acknowledges that its prior engagement with Tanzania, including the 2008 Promotion Mission and the 2013 Research and Information Visit, laid a foundation for this visit. However, the rapid evolution of the situation on the ground—including reports of injuries, restricted access to services, land dispossession, and growing inter-community tensions—necessitated that the Commission pivot its emphasis from standard promotional dialogue to investigative fact-finding and urgent verification.

The report draws on extensive interactions with government authorities, community representatives, civil society organizations, and national institutions. It also benefited from documentary evidence submitted by both state and non-state actors. The insights and recommendations contained herein aim to foster constructive engagement with the Tanzanian state and stakeholders, promote compliance with the African Charter, and support durable and rights-respecting solutions to the issues at hand.