MAASAI RIGHTS IN NGORONGORO ( Shivji and Kapinga) 1998
The Ngorongoro Conservation Area (NCA) in the north – east of Tanzania is considered the eighth wonder of the world and great tourist attraction. It is also home to some 40,000 Maasai pastoralists, who have been struggling for their human and civil rights since 1958 when they were resettled in the area by the colonial government.
Maasai rights in Ngorongoro, Tanzania is a pioneering examination of the rights of the Maasai inhabitants and other residents as they related to land, freedom of association and movement within the NCA. More particularly, the book clarifies the restricted rights of residents to property, to the means of securing a livelihood and participation in decisions which affect their lives. The study also provides an evaluation of the legal powers and administrative practices of the NCA Authority (NCAA) set against the principles of the rule of law and democratic governance. The authors argue that limitations placed on the Maasai by NCAA can be justified only if there is prior consultation and participation of the Maasai residents in the relevant decision – making processes.
The authors recommended an innovative re – organization of the NCAA to manage the Area. The centerpiece of this would be provision for proper representation and participation of the Maasai and other residents in deciding on the best means to conserve and develop this important natural resource.
Issa G. Shivji is Professor of Law at the University of Dar es Salaam and a leading academic who has written extensively in the areas of labour law, jurisprudence, constitutionalism and land law. Professor Shivji was the Chairman of the Presidential Commission of Inquiry into Land Matters (1991-92) and is one of the founders and Executive Director of the Land Rights Research and Resources Institute (HAKIARDHI). He is also an advocate of the High Court of Tanzania and the High Court of Zanzibar. His main area of practice is public interest litigation.
Wilbert B.Kapinga till 1997 he was a Dr of Law at the University of Dar es Salaam and Senior Lecturer at the Faculty of Law and Head of Faculty of Law University of Dar es Salaam. Dr Kapinga has written extensively in the areas of Labour law, land laws, human rights and public policies. Dr. Kapinga is one of the founders and Director of Land Rights and Research Institute. He is also an Advocate of the High Court of Tanzania.