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Commission for Human
Rights & Good Governance
Plot No. 8, Luthuli
Street
P.O Box 2643, DAR ES
SALAAM
Tel.: +255 22
2135747/8; 2137125; 2135222
Fax: +255 22 2111281
Website: www.chragg.go.tz
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September 13, 2017
PRESS RELEASE
Statement by CHRAGG at the occasion of commemorating
10th anniversary of the United Nations Declaration on the rights of indigenous
peoples, 13th September, 2017
Today the 13th of September, 2017
the Commission for Human Rights and Good Governance (CHRAGG) joins human rights
stakeholders all over the world to celebrate the 10th anniversary of United
Nations Declaration on the Rights of Indigenous Peoples.
On 13th September 2007, the United Nations General Assembly adopted the
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which
is the most comprehensive international document on the recognition and
protection of rights of indigenous peoples globally. It provides a framework for governments and societies
all over the world to ensure respect, protection and promotion of human rights
of indigenous peoples as well as ensuring equality and equity in the enjoyment
of the rights promulgated in the international and regional human rights instruments
This year, the world is commemorating the 10th Anniversary of
the UNDRIP. The United Nations as well as governments all over the world are
required to undertake an assessment of the milestones achieved in recognizing,
promoting and protecting the rights of indigenous peoples as well as challenges
experienced in implementing the declaration.
Over the last decade, there have been challenges regarding the formal
recognition of indigenous peoples and implementation of related policies on the
ground by governments around the world including Tanzania. As a result,
indigenous peoples continue to face exclusion and marginalization as far as the
enjoyment of their basic rights is concerned.
Position
of the Tanzania government on recognition of the indigenous peoples’
rights
Tanzania is among the 144 states
which voted in favour of the United
Nations Declaration on the
Rights of Indigenous Peoples (UNDRIP) on 13th September 2007.
The declaration calls for “affirmative
and concerted measures to address the disadvantaged conditions of indigenous
peoples in accordance with the human rights principles elaborated upon this
instrument”.
Despite the fact that Tanzania
voted in favour of
the Declaration, it does not recognize the existence of “indigenous peoples” in
the country on the grounds that “All Tanzanians of African origin are
indigenous” to this country. There are communities in Tanzania, namely
Hadzabe and Akiye, who are hunter gatherers, and Barbaig or Datoga and Maasai
who are pastoralists, which meet the UN criteria of indigenous peoples, and the
government acknowledges their existence. These groups are considered to be
indigenous communities by the African Commission on Human and Peoples (ACHPR).
In Tanzania, there is no specific
national policy or legislation for the recognition and existence of indigenous
peoples as well as implementation of their rights as enshrined in the UNDRIP.
However, the government of the United Republic of Tanzania ratified and
reports on the International Convention on Biodiversity (CBD) and the United Nations Frame Work Convention on
Climate Change (UNFCCC). At national level, the government has
formulated the Draft TASAF III
Indigenous Peoples Policy Framework (IPPF) which recognizes the existence of
indigenous peoples as well as implementation of project on Reduction Emissions from Deforestation and Forest Degradation (REDD+).
In other words, the government
indirectly recognizes the existence and marginalization of these communities.
Challenges experienced by indigenous peoples in
Tanzania
Since the adoption of the UNDRIP 10 years ago,
indigenous peoples in Tanzania have continued to face the following challenges:
§ Absence of legislation recognizing the indigenous peoples in Tanzania.
§ Lack of representation in decision-making bodies at all levels.
§ Poor provision of social services such as access to clean and safe
water, poor provision of health services and education facilities in indigenous
people’s areas.
§ Poor infrastructure such as roads, grazing land, communication systems,
hunting and gathering areas.
§ Lack of effective implementation of strategies that aim to mitigate the
effect of climate change in areas of habitual residence for indigenous
communities.
§ Lack of recognition of their traditional lands, and
§ Land alienation as a result of economic activities.
Therefore,
the Commission for Human Rights and Good Governance recommends that the
government:
§ Enact a specific law recognizing indigenous peoples and their rights as
enshrined in regional and international human rights instruments.
§ Ratifies the ILO Convention No. 169 and domesticate its provisions.
§ Ensures an equitable sharing of resources such as land and other natural
resources found in the indigenous community’s areas.
§ Involves indigenous peoples in planning and decision making on issues
that affect their lives.
§ Holds consultation with indigenous communities whenever implementing
development projects so as to obtain their free, prior, and informed consent.
Issued by:
(SIGNED)
Bahame Tom Nyanduga
Chairman
COMMISSION FOR HUMAN
RIGHTS AND GOOD GOVERNANCE
September 13, 2017
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