Prof. Malebo Defends Tanzania's Land Policies at UN Meeting

  

During the ongoing 79th United Nations General Assembly in New York, Prof. Hamisi Malebo, the Executive Secretary of the National Commission for UNESCO in Tanzania, addressed concerns regarding indigenous land issues in Tanzania. 

Responding to statements made by the UN Special Rapporteur on the Rights of Indigenous Peoples, Mr. José Francisco Calí Tzay, Prof. Malebo emphasized that "Tanzania does not recognize ancestral land, tribal land, or customary land."

In a session of the Third Committee focused on indigenous peoples on October 15, 2024, Prof. Malebo articulated his concerns about the report presented by Mr. Calí Tzay, arguing that it failed to consider the country's domestic laws, leading to misinformation. 

He stated, “The government’s position is clear: all ethnic groups in Tanzania have equal rights before the law, and no tribe has more rights than another.”

Prof. Malebo further criticized Mr. Calí Tzay's comments regarding land ownership, questioning why the Special Rapporteur would report on land issues while ignoring the internal legal frameworks of the member states. 

“Why does the Special Rapporteur report on land ownership while overlooking and dismissing the domestic laws that govern these matters?” he asked.

He reiterated that under Tanzanian law, there is no recognition of ancestral, tribal, or customary land, urging the international community to understand that such concepts are not part of Tanzania's legal system. 

“The ongoing situation in Ngorongoro is about voluntary relocation, with residents being educated and given the opportunity to voluntarily register to move from that area to facilitate conservation,” he clarified.

Prof. Malebo also highlighted the Serengeti-Mara ecosystem as the last remaining migratory wildlife corridor in the world. 

He stated, “Tanzania has 31 administrative regions, including 26 on the mainland and five in Zanzibar, and according to our Constitution and laws, any tribe can live anywhere in the country.”

He cited the Maasai tribe as an example, noting that they currently inhabit 22 regions, accounting for 71% of the entire country, where they continue their pastoral and cultural lifestyles. 

“Our current land policy grants the right to access and own land anywhere in the country, with constitutional guarantees for citizens to travel and reside freely,” he explained, emphasizing the peace and coexistence among Tanzanians.

Prof. Malebo firmly stated that the concepts of ancestral land or indigenous land do not apply to Tanzania due to the country's legal realities. 

He concluded his remarks by encouraging Mr. Calí Tzay to visit Tanzania, asserting that “seeing is believing.” 

He invited the Special Rapporteur to explore areas like Kilimanjaro, Serengeti, Ngorongoro, and Zanzibar, assuring him that he would find over 123 ethnic groups living together in harmony and peace.

In response to the Special Rapporteur’s assertions, Prof. Malebo urged him to visit Tanzania to witness the actual conditions rather than relying on unfounded rumors and propaganda. 

The meeting also saw participation from Zuleikha Tambwe, Senior Foreign Affairs Officer, and Prisca Kasalama, Assistant Officer of the Third Committee, both from Tanzania’s Permanent Mission to the United Nations in New York. 

This exchange at the UN underscores Tanzania's commitment to its land policies while addressing international perceptions regarding the rights and treatment of indigenous peoples.