REVIEW OF IMPACT OF POLICIES, LEGISLATIONS ON PASTORAL PRODUCTION, LAND USE, WATER MANAGEMENT USING SEA AND OTHE PARTICI

1. REVIEW OF IMPACT OF POLICIES, LEGISLATIONS ON PASTORAL PRODUCTION, LAND USE, WATER MANAGEMENT USING SEA AND OTHE PARTICIPATORY TOOLS Prepared by Hella, J.P. Sokoine University of Agriculture (SUA), Department of Agricultural Economics, Morogoro. 23rd April 2009

2. Uwakilishi Utangulizi kwa ufupi Njia tulizo tumia kukusanya taarifa ya repoti Hali halisi ya ufugaji wa kuhamahama Maelezo ya mtazamo wa sera within overall national development specific to the livestock sector dealing with access to pastoral resources dealing with conservation of wildlife and other natural resources dealing with decentralization and local governance Hitimisho Mtazamo wa Wadau

3. Introduction Sustainable development requires a strategic approach that takes into account the interactions between social, economic and environmental issues. There is a need to promote policies, strategies, programmes and practices that integrate social, economic and environmental objectives of society. The concept of mainstreaming environment into development frameworks has emerged in recent years to help decision makers to include environment in their agenda Strategic environmental Assessment (SEA) has emerged as a key tool for achieving greater integration which is aimed at achieving sustainable development

4. Introduction cont… Of late, the country's environment has been heavily affected with land conflicts between pastoral and the non pastoral community, lack of capacity to enforce environmental laws and lack of working tools. The existing legal framework was not moulded to absorb such challenges Country specific laws are among the major important instruments for transforming environment and development policies into action Starting point in improving policy design for the development of pastoral areas to include improving policy understanding of the rationale behind pastoralism Hindered by the fact that policy formulation is essentially a State-driven political process that tends to favour dominant groups while pastoralism “minority vote” (< 5%), occupy large areas of land of low economic potential practice a livelihood system many consider to be economically inefficient and environmentally destructive

5. Introduction cont… Pastoralists and their interests are thus not very high on national policy agendas. THUS SEA and other tools will help to incorporate environmental/sustainability issues in strategic decision making and improve strategic actions on environmental sustainability and poverty reduction in Tanzania

6. Where are the agro-pastoralists?

7. Situation of pastoralists Despite the extensive documentation of the efficacy of indigenous pastoral systems in Tanzania and elsewhere negative perceptions pervade pastoral policy and management, especially in regards to livestock mobility and the migration of pastoralists to new territories outside their traditional areas

8. Situation of pastoralists…. The Pastoral Masai in action

9. Mobility & its role in pastoralism: Positive effects It results in the optimal utilization of the existing natural resources, temporal and spatial variations in the distribution and quantity of rainfall and forage, as well as the best nutritional status of the forage. It is an effective way of risk management by evading drought conditions and actual or potential disease or pest outbreaks,. It avoids the over exploitation of the natural resources by reducing concentration of livestock in one area, Evidence from Botswana and Mali - animals reared in mobile systems X3 more productive per hectare than those reared under similar climatic conditions in ranches or sedentary systems in either Australia or the USA

10. Positive effect cont……. Have access to dispersed, ecologically specialized and seasonally varied grazing lands and watering holes; To provide forage for different livestock species; and To afford a margin of safety against erratic rainfall. It is not true that pastoralism is irrational and destroys the environment. Pseudo-technical assertions that blame pastoralists for environmental degradation and desertification have no scientific basis.

11. Pastoral Migration pattern in Tanzania

12. Pastoralism under pressure (sedentarisation) Forced sedentarisation Since colonial period to modernize the pastoralists system through sedentarisation policies and projects. Failed & blamed the pastoralists for being conservative and resistant to change Non- forced sedentarisation to access infrastructure such as schools, hospitals and markets, because of drought the loss of their animals It results in large numbers of livestock being confined in one area for the whole year, thus overburdening the grazing area and consequently damaging the environment through land degradation due to overgrazing

13. Current problems of pastoralism Lack of understanding of pastoralism by policy makers ecological significance of mobile pastoralism is little understood, and consequently much interfered with by policy makers, development planners and governments in their common desire to modernize livestock production

14. National Land Policy, 1995 The growth of the livestock population has raised demand for grazing land, and has created serious soil erosion problems in some areas due to overgrazing ….. this has led to increased movement of large herds of livestock to areas which traditionally had few livestock, such as Mbeya, Iringa, Morogoro, Rukwa and Coast Regions, creating serious land use conflicts. (URT, National Land Policy, 1995).

15. Agric. Sector Dev. Strategy, (2001) While seasonal migration of livestock is an important coping mechanism in times of drought, there are problems of disease control, land degradation due to a lack of sense of ownership of the grazing lands, and occasional conflicts between crops and livestock farmers (URT, Agric. Sector Dev. Strategy, 2001).

16. JK Speech to Parliament, 30th (Dec. 2005) We will take deliberate measures to improve the livestock sector. Our people must change from being nomadic cattle herders to being modern livestock keepers. We will take measures to improve pastures, veterinary care, cattle dips, and auctions… (Hon. Jakaya M. Kikwete, President, URT on his inaugural speech to Parliament, 30th Dec. 2005).

17. JK Press conference announcing his Cabinet, (4th Jan. 2006) We are producing little milk, export very little beef, and our livestock keepers roam throughout the country with their animals in search for grazing grounds. We have to do away with archaic ways of livestock farming. I therefore create a separate Ministry for Livestock (Hon. Jakaya M. Kikwete, President, URT in a press conference announcing his Cabinet, 4th Jan. 2006)

18. Current problems of pastoralism cont… 2. Twins encroachment by state and private interest State the establishment of national parks and game reserves on traditional pastoral lands, thus exclusion of pastoralists. Private expansion of small scale and commercial cultivation has also resulted in a loss of range resources Cultivation of wetlands on a small scale by local farmers large-scale irrigation projects Other land uses, e.g. mining, have depraved pastoralists of access to range resources.

19. Current problems of pastoralism cont… 3. Inappropriate systems for delivery of social services Schools, health services etc to be destructive to the lifestyles, livelihoods and value systems of nomadic pastoralists Disdain their parent’s way of life in favour of false expectations of a settled, urban life with professional jobs which most are never able to attain.

20. Current problems of pastoralism cont… 4. Interaction between wildlife and livestock In the past been a close and relatively harmonious association between livestock and wildlife in Tanzania. Pastoralists have had a significant influence on the evolution of the ecology of the areas they inhabit, including the type and distribution of wildlife species Expansive national parks, game controlled areas, WMA

21. Laws and policies touching on pastoralism Many policies, strategies and laws touch directly or indirectly on pastoralism and pastoralists’ livelihoods Those dealing with overall national development specific to the livestock sector dealing with access to pastoral resources dealing with conservation of wildlife and other natural resources dealing with decentralization and local governance

22. Those dealing with overall national development 1. The National Strategy for Growth and Reduction of Poverty (NSGRP), 2004 2. The Rural Development Strategy (RDS), 2001 3. The Agricultural Sector Development Strategy (ASDS), 2001

23. The National Strategy for Growth and Reduction of Poverty (NSGRP), 2004 Pays attention to stimulating private investment, improving infrastructure, developing human resources, building a competitive economy and an efficient government. Recognizes the need to make participation much more instutituonalised rather than a one-off event Opportunity for pastoralists to engage with government in various policies and strategies. NSGRP’s recognition of “pastoralism as a sustainable livelihood” - able to urge the Government to steps to implement these proposals, which would be in their interests.

24. Specific actions in NSGRP Promote efficient utilization of rangelands Empower pastoralist institutions Promote programmes that increase income generating opportunities for women & men in rural areas promoting local small scale industries Construct more charcos (dams), improve access and quality of veterinary services, and promote dairy and leather industries, and Ensure improved access to reliable water supplies for livestock development through promotion of small-scale rainwater harvesting NOTE: a significant opportunity is apparent within the NSGRP for pastoralists to assert their rights.

25. The Rural Development Strategy (RDS), 2001 formulated to provide a strategic framework for the coordinated implementation of sector policies and strategies concerned with the development of rural communities in line with the Poverty Reduction strategy Paper (PRSP). RDS advocates improvement of the livelihood quality of rural people by meeting their basic needs. recognizes the need for rural people to be empowered to take charge of their development the strategy notes the negative consequences of their actions through migration, which it claims causes land degradation due to overgrazing, land use conflicts and the spread of animal diseases, has the objective of resettling pastoralists on a permanent basis by identifying and demarcating pastoral land, issuing of land title deeds to livestock keepers, improving water infrastructure in all livestock keeping areas and launching disease control campaigns. sees sedentarisation as the way of addressing the problems of pastoralists.

26. The Agricultural Sector Development Strategy (ASDS), 2001 Objective of the ASDS is to create an enabling & conducive environment for improving the productivity & profitability of the sector as the basis for improved farm incomes and rural poverty reduction is the medium and long-term ASDS envisions that, by 2025, modernized, commercial, highly productive and profitable, utilizes natural resources in sustainable manner and acts as basis for inter-sectoral linkages strategic issues addressed. These include: Strengthening of the institutional framework for managing agricultural development; Creating a favourable climate for commercial activities; Clarifying public and private roles in improving support services’ Improving the marketing of inputs and outputs

27. Implication to pastoralism The procedures for gaining legal access to land should be streamlined in order to make it possible to use land titles as collateral for loans lack of legal and physical access to land is a major hindrance for medium and large-scale farmers wishing to invest in agriculture, the Government will undertake land surveys and demarcation to identify potential investment zones. It notes the problems of disease control and land degradation due to a lack of individual ownership of the grazing lands, and occasional conflicts between crop and livestock farmers. Proposed that the needs of pastoralists and agro pastoralists in term of water, pasture and rangeland infrastructure must be identified in a participatory manner, and land to be used by pastoralists and agro pastoralists must be demarcated and allocated accordingly. To this end the Government will prepare comprehensive land sue maps to indicate areas suitable for cropping, grazing and for private sector investment. It is assumed that the entry of large-scale investors into the sector will lead to modernization. Means increased ease of land alienation from local communities and increased potential conflicts among various resource users including pastoralists.

28. Pastoralism within the Livestock Sector Policy and Legal Framework Agricultural and Livestock Policy, 1997 National Livestock Policy The proposed Beef Industry Act

29. Agricultural and Livestock Policy, 1997 The Government will work with pastoral communities, NGOs and the private sector to provide appropriate support services and delivery systems; and, Policy argues that free movement of pastoralists with their cattle from over-stocked to under-stocked land areas, if not regulated, will bring about land ownership and land-use conflicts with settled communities It will facilitate and coordinate discussions with the local communities in under-stocked areas to agree on modalities of the new settlements. Its top down government regulated movement of livestock, based on management models which are alien to pastoralists, rather than building on the existing mobility mechanisms which are based on local knowledge and experience Policy promises of lot in terms of securing grazing lands for pastoral communities and the provision of services lack of legal mandate by the concerned Ministries to implement issues pertaining to land, and the lack of will on the part of Ministry officials. An examination of the proposed Livestock Policy will shed light on this.

30. National Livestock Policy, 2006 “By the year 2025, there should be a participatory livestock sector which to a large extent shall be commercially run, modern and sustainable, using improved and highly productive livestock to ensure food security, improved income for the household and the nation, while conserving the environment.”

31. Limitation of the Policy No policy statement to support pastoral systems to help in the conservation of natural resources and cultural heritage while providing for the improvement of their standard of living. Absence of policy provisions in support of mobile services to meet pastoralists’ basic needs in health, education and veterinary services. Lack of a clear policy statement on the strengthening of the financial capacity of pastoralists communities. Lack of a statement of capacity building of pastoral NGOs The policy is silent on measures to strengthen efforts to prevent desertification including use of traditional means of resource management which are more suitable than those based on Western range management concepts

32. Limitation of the Policy There is no policy statement of pastoralism and the draft policy’s first weakness is that it does not even define pastoralism and agro-pastoralism except by equating it with the extensive livestock production system. Pastoralism is labeled as being an ‘inefficient system’ which has poor animal husbandry practices, lacks modernization, is based on irrational behaviour to accumulate stock beyond the carrying capacity, and lacks market orientation. In essence, the new livestock policy is anti-pastoralism and wishes it away. The social aspect of pastoralism is completely ignored in the policy’s pursuit for modernization and commercialization of the livestock sector.

33. The Beef Act Ministry is currently in the process of preparing the Meat Industry Board Act, which will regulate the meat industry in the country. Objective is is to organize the marketing of meat and meat products both nationally and internationally. It is noted that the meat sub-sector is currently made up of many scattered individual smallholder producers and traders and very few, if any, big and commercial oriented meat industry stakeholders. Proposed membership of the meat Industry Board and the General Assembly for the Meat Industry Board gives very little opportunity for pastoralists to have a meaningful input into these organs.

34. Those dealing with Pastoralism and access to resources The National Land Policy, 1995 The Land Act and Village Land Act, 1999 Tanzania Investment Act, 1997 The proposed Range Management act, 2005

35. The National Land Policy, 1995 Overall aim is to promote and ensure a secure land tenure system, to encourage the optimal use of land resources, and to facilitate broad-based social and economic development without endangering the environment. Some of the specific objectives of the Policy include: To promote an equitable distribution of, and access to, land by all citizens To ensure that existing rights in land especially customary rights of smallholder peasants and herdsmen are recognized, clarified and secured in law To streamline the institutional arrangements in land administration and land dispute adjudication and also make them more transparent, and To protect land resources from degradation for sustainable development

36. The Land Act and Village Land Act, 1999 Key features of the Village Land Act include: This Act is subservient to the Land Act Land under this Act may be held for customary rights of occupancy, for which a certificate will be issued The Act recognizes communal village land Land sharing between pastoralists and agriculturalists is recognized Every village shall establish a Village Land Council to mediate disputes concerning village land The President may transfer any area of village land to general or reserved land for public interest Public interest shall include investments of national interest customary titling extends to the individualization of land holding then it will interfere with communal use of pastoral resources. This will amount to fragment the commons, which will interfere with traditional arrangements for utilization of common grazing resources

37. Land and Village acts limitations The biggest threat to pastoralism in Tanzania therefore, lies within this piece of legislation. Its enactment and the repeal of the Range Development and Management Act, 1964 and the Rural Lands (planning and Utilization) Act, 1973 pose a great threat to pastoralists’ livelihoods

38. Tanzania Investment Act, 1997 The Tanzania Investment act, 1997, allows non-citizens to own land for the purpose of investment. The setting aside of 2.5 million hectares of land for prospective investors under the new land Bank scheme under TIC will take away land already occupied by people such as nomadic pastoralists and other vulnerable communities.

39. The proposed Feed & Range Management Act, 2007 The pF&RM Act is to increase the productivity of Tanzania’s Rangelands and livestock sector To meet these objectives the Act proposes to establish a rangeland Management Council and provide for the development and management of Range Development Areas. Within the Range development Areas, rangeland developments shall be installed, used, maintained or modified in a manner consistent with multiple use management It is a “ranchers” vision of livestock production in Tanzania, which seeks to control, through technical means, the major factors of livestock production: access to forage and water. Such as vision, however, fails to accommodate the highly dispersed and unpredictable nature of natural resources in Tanzania.

40. Those dealing with Pastoralism and conservation The Environmental Management Act, 2004 The Wildlife Conservation Act No. 12 of 1974 (as amended in 1978) The Wildlife Policy of Tanzania, 1998 The proposed Revised Wildlife Act, 2004

41. The Environmental Management Act, 2004 The objective of this Act is to provide for and promote the enhancement, protection, conservation and management of the environment Areas declared as environmentally sensitive by government authority Areas designated by (NEMC) as prone to soil erosion All areas that have been closed by the Minister to livestock keeping, occupation, cultivation and other specified activities Arid and semi-arid lands Land specified by the NEMC as land which should not be developed on account of its fragile nature or of its environmental significance Land declared under any written law as an environmentally sensitive area or hazardous land. The act is not clear on measures to be taken in supporting and preserving mobile pastoral systems to help in the conservation of natural resources and cultural heritage.

42. The Wildlife Conservation Act No. 12 of 1974 (as amended in 1978) Many of the protected areas in the country are either pastoral lands or were used by pastoralists in the past. For example, among the 123,165 sq km designated as Game Controlled areas by the Act, 28% are in areas traditionally used by pastoralists. The Act places severe restrictions on accessing land declared a Game Reserve or Game Controlled Area. The law prohibits any person from entering a Game Reserve unless he/she is ordinarily a resident in the area, from carrying any firearm, bow or arrow and from grazing any livestock in the area The law thus grants powers to the Government to disposes pastoralists of their lands but it is silent on what should happen to those who had traditionally relied on such lands, either by way of compensation or otherwise benefiting from such government steps

43. The Wildlife Policy of Tanzania, 1998 The Policy sees wildlife conservation as an important activity that should be able to compete with other forms of land use, especially since it generates substantial amounts of revenue and foreign exchange to the state The Policy promotes local community participation in conserving and exploiting wildlife resources, it facilitates the further marginalisation of pastoralists by encouraging more land to be brought under wildlife conservation at the expense of pastoral activities.

44. The Revised Wildlife Act, 2004 Revised Wildlife Act is expected to provide the legal basis for implementing the Wildlife Policy of 1998 Thus, while the Act continues to advocate the expansion of wildlife-protected areas including wetlands Act proposes an even more stringent approach to the protection of wildlife including the establishment of an armed paramilitary Wildlife Protection Unit for the enforcement of the Act. The act also proposes stiff penalties for those contravening the Act. act allows game farming as well as the establishment of sanctuaries, zoos, etc, How pastoralists will be involved in demarcating and allocating land to such investors,

45. Those dealing with Pastoralism & decentralization The main objective of decentralization was to improve the delivery of service to the public and to further democratize the system of public service management their lack of participation in the structures of governance where policy decisions are made, and their lack of access to basic social services like health and education. the on-going decentralization process in Tanzania has a major influence on pastoral communities’ participation in governance and access to services the mobility of pastoral communities has made it difficult for them to participate in the mainstream political process at local level pastoralists have traditionally lacked a common voice or organized institutions to represent their interests in the decision-making process.

46. Conclusions This report has documented key policies, strategies, laws and other initiatives, both existing and planned, which have a direct impact on pastoralists livelihoods in Tanzania, and for each of them has highlighted those specific areas and issues which anybody interested in pastoralism should take not of. It is required that before this report is passed and according to SEA and other tools will help to incorporate environmental/sustainability issues in strategic decision making and improve strategic actions on environmental sustainability and poverty reduction in Tanzania, this report is brought to you for further discussion and action

47. Discussion tips CLIMATE Change The ability to adapt to climate change is low and high levels of extreme poverty are further eroding traditional support mechanisms. Our present understanding of the role of traditional institutions and folk knowledge in sustaining responses to climate variability is poor Helping decision makers to understand and deal with current levels of climate variability can clearly provide an entry point to the problems posed by increasing variability in the future

48. Discussion tips WATER Scarcity Both surface and ground water reserves are dwindling much faster that what human being has perceived This situation calls for and need to reverse consumption pattern so as the our farming systems

49. Discussion tips LAND availability Although Tanzania has ample land, human and livestock population growth coupled with uneven distribution has surpassed the carrying capacity in several areas Todate we observe several clashes between clans, tribes, and communities for land resource This calls for sustainable approach to calm the situation

50. SAUTI YA WADAU (Meatu) Walenge kuuondoa. No support kuhama hama. If we encourage kuhamahama hatutafanikiwa sana, watu wanapigana. What sera do you want to act. Tuweke mikakati miundo mbinu ili wafuge kibiashara

51. SAUTI YA WADAU (Chamwino) Sio swala jepesi sana kama linavyotazamika. Ngombe wanaharibu mazingira, Wafugaji zaidi ndio wanaochangia uharibifu wa mazingira kuliko. Things are taken politically, carrying capacity, what is the current study???. Sera zimekuwa ni siasa, hakuna vitu vya kutendea miundombinu, Kutenga maeneo – hakuna kilicho fanyika hadi sasa. Wafugaji wanazidiwa hoja na wakulima na wanjiona wana thamani sana. Tuzungumzie

52. SAUTI YA WADAU (MLFD) Sera ya 1997 – serikali itaweka infrastructures, imeweka kwenye Livestock policy, kuwe na controlled area. 70% wanakufa kwa kupe. Movements without schools, hospitals, community development watoto watasomaje, faida miaka ya 70 and 90s. kuwa na controlled movements as will be sustainable

53. SAUTI YA WADAU (VPO) Loop sided only advantages. Wametunyima upande mweingine. Watupe conclusion kwani hatujui upande mwingine uko vipi. Tuelezwe. Swala la carrying capacity, e.g. 20,000 units hazijatumika. Maeneo hayajatumika kikamilifu. Waangalie sera za nchi nyingine ziko vipi kama Botswana. Kujaribu kuonsha thamani ya mifugo na ubora wake.

54. SAUTI YA WADAU (NEMC) Sheria haiwezi kutamka, lakini imezingatia kila wizara kuwe na environmental unit. Sheria ya mazingira iwe sheria mama. Ufugaji ni vigumu kusema huu haufai au huu unafaa. Lazima kuwe na EIA.

55. SAUTI YA WADAU (siri) Pastoralism is contraversal kuhusu wafugaji wahamaji au wahamaji wafugaji. Tuwe na co-existance. Huyu mtu tumsaidiaje asiwe condemed. Migration is a coping strategy. What is our contribution to government. What is the contribution of mifugo plus positive aspects. Let us look at the reasons why do they move. Effects of Maasai being security guards. Botswana are selling because they are strict on movements thus are disease free. Come up with right wordings.

56. SAUTI YA WADAU (UNDP) Mijadala ni ya kujenga. Tanawakisha sehemu fulani ya ya watendaji. Ni lazima mijadala inayofuata iwahusishe wafugaji ili wapate nafasi ya kutoa real perpectives.

57. SAUTI YA WADAU (DPP) Tupate maoni ya wenyewe wanaohamahama Controlled against uncontrolled grazing Ipi ni bora na kwanini wanahamahama

58. SAUTI YA WADAU (UNDP) Mazao mengi yanalimwa na watu sehemu kame Kuhusu sheria zinavyopawsa kutusaidia. Tuwe mbele kuliko Botswana, nani atadhibiti ubora, kutangaza tunaogopa, kweli tunafuata sheria Kikao kiwe cha kwanza ili vingine vifuate Look at this country as one and ours Market access. Tuwaandalie masoko ya kutosha. Serikali haiwajali – kodi haiwajali kodi inawafanyia nini Tufike mahali tukae pamoja kuwe na maendeleo endeleve Wizara tusaidiane kwa pamoja ili tujue nini tufanye kuboresha

59. Asanteni sana