Tanzanian legal scholar Prof. Issa Shivji.
Photo: Courtesy
By Adonis Byemelwa
In a poignant reflection,
esteemed Tanzanian legal scholar Prof. Issa Shivji has sounded the alarm on alarming
trends in Tanzania's land governance, warning of a rapid land grab orchestrated
by what he describes as "new agents of imperialism.
These agents, characterized by short-sighted
politics and narrow visions, pose a significant threat to Tanzania's sovereignty
over its natural resources.
"Since colonial times,
Tanzania has been grappling with land disputes," Shivji asserts, noting
that while it avoided the large-scale land seizures seen in neighboring
countries like Kenya and Zimbabwe, it has not been immune to external
pressures. "The legacy of colonialism set the stage for ongoing struggles
over land ownership and usage," he adds.
The issue has escalated in
recent decades, with small-scale producers such as farmers and herders
increasingly finding their lands targeted under various pretexts. "Land,
the foundation of our nation, is under siege," Shivji declares, pointing
to a disturbing trend of land acquisitions masked under conservation and
economic development projects.
"The current
administration's plan to expand conservation areas from 30% to 50% of the
country's landmass is particularly concerning," Shivji emphasizes.
He warns that this move could
transform Tanzania into a "Republic of National Parks," prioritizing
foreign tourists and hunting companies over indigenous communities.
This expansion has sparked fierce resistance,
notably in areas like Ngorongoro and Loliondo, where Maasai communities face
displacement to make way for luxury tourist facilities.
Historically, Tanzania's first
President, Julius Nyerere, advocated for a socialist approach to land
ownership, promoting communal land rights and equitable distribution. His
vision, once a cornerstone of Tanzanian policy, stands in stark contrast to
current trends favoring large-scale investors and external interests.
Chadema Vice Chair Tundu Lissu,
a prominent voice in Tanzanian politics and law, echoes Prof. Issa Shivji's
concerns about Tanzania's land issues.
"The issue of land in Tanzania is not
just about legal disputes; it is about our national identity and economic
sovereignty," Lissu asserts. He highlights ongoing conflicts between local
communities and government agencies over land rights, exacerbated by vague or
conflicting legal frameworks.
Prof. Anna Tibaijuka, another
distinguished scholar from the University of Dar es Salaam, highlights the
complexities of land governance in Tanzania.
"Effective land management
requires transparent policies that balance economic development with
environmental conservation and community rights," Tibaijuka argues. She
urges for reforms that empower local communities to participate actively in
decision-making processes concerning their lands.
Late Prof. Laurean Kanywanyi,
whose seminal works from the University of Dar es Salaam continue to influence discourse
on land rights, documented historical injustices, and their enduring impact on
Tanzania's social fabric. His research highlighted how post-colonial
governments, despite independence promises, often perpetuated or exacerbated
land inequalities.
In response to these challenges,
civil society organizations and grassroots movements are mobilizing to protect
local land rights. "Our lands are not for sale," proclaims a Maasai
elder from Loliondo, symbolizing a broader sentiment of defiance against encroachments.
A recent investigation by the
Centre for Strategic Litigation, alongside Media Brains and SK Media, has
reignited concerns over human rights abuses during past wildlife conservation
operations in Tanzania.
Dr. Hellen Kijjo Bisimba, former
Executive Chairperson of the Legal and Human Rights Centre, highlighted the
legacy of operations like "Operation Uhai" and "Operation
Tokomeza," originally aimed at curbing elephant poaching and eliminating
wildlife crime within national parks.
These operations, however, were
marred by severe human rights violations, prompting ministerial resignations
but failing to prompt lasting reforms. Despite this history, Tanzania continues
to grapple with balancing conservation efforts and human rights protections.
"The crucial question in
conservation remains: is it for the wildlife or the people?" Dr. Bisimba
queried, as a third of Tanzania's land is designated as national parks. While
vital for preserving natural resources, this designation disproportionately
affects local communities whose livelihoods depend on these lands.
Compounding these issues,
Tanzania's population has grown significantly since independence in 1961,
placing greater pressure on limited land resources. Dr. Bisimba emphasized the
urgent need for inclusive conservation practices that respect human rights,
citing instances where communities have been forcibly evicted without adequate
compensation or alternative land.
"The report unveiled stark
realities of indigenous communities displaced to pave the way for conservation,
often without consultation or fair compensation," Dr. Bisimba noted, underlining
the inequities in Tanzania's conservation policies.
Effective conservation, she
argues, must prioritize human dignity and community involvement to ensure that
conservation efforts benefit local populations as intended. This call comes
amidst growing international scrutiny over Tanzania's conservation practices,
urging a reevaluation that prioritizes both environmental stewardship and human
rights protection.
Navigating these critical
junctures in its development, Tanzania faces a pivotal debate over land
governance. Will it heed the lessons of history and empower its citizens to
safeguard their natural heritage? Or will it yield to pressures that could
reshape its identity and future? The stakes are immense: Tanzania's choices
today will sculpt not just its economic path but also its social unity and
environmental vitality for generations to come.