In this blog post:
Tanzania
Breweries Limited
Thomson
Safaris take Maasai land as their nature refuge
Lesinko
shot at Enashiva Nature Refuge
Trent
murdered
2009
drought
The
sign
First
international article
The
PM’s “report”
Unanswered
UN letters
The
court cases
Becoming
a blogger
The
negotiations
Children
beaten
Five
herders prosecuted for trespass
Killing
a website
More
journalists in trouble
Olunjai
shot
The
big intimidation campaign in Loliondo
Charity
as a weapon – and recently buying who could not be bought
Current
silence
Read
the most recent blog posts to understand what’s going on with OBC and the 1,500
km2, and the further increased intimidation campaign. Thomson Safaris is about
another, unrelated, tourism company in Loliondo, but with the same “friends”,
and benefitting from the same lawlessness and repression.
This
blog post is far too delayed, and it’s because of unexpected bad news, both
about OBC and Thomson, and because it’s been impossible, and continue being
impossible, to get hold of people whose view I need to hear.
Thomson Safaris, a Boston-based safari
company that furiously insists that Maasai grazing land is their own Enashiva
Nature Refuge (a.k.a Eastern Serengeti Nature Refuge), and with a police state
at their service to silence their critics feel sorry for themselves because
nobody listens to their side…
 |
| photo: Susanna, 2011 |
A decade
On
3rd June friends of Trent Keegan gathered together in Ohau, south of
Levin, in the north island of New Zealand and remembered their giant-hearted
friend whom it’s ten years since they said goodbye to, and to commemorate him
they had a tree-planting ceremony. I didn’t know Trent, and I never met him,
but the murder of someone who’d tried to find out what was going on came at a
moment when I was getting entangled in a discussion, in an online travel forum,
about Thomson Safaris’ decision to turn Maasai grazing land into their own private
nature refuge, a business associate of the tour operator was explaining the problem
as a “local Kenyan Maasai woman that encouraged all locals to squat on the land
and use it for their benefit” when the brewery left, which he said turned into
an issue when the legal title was transferred to Thomson, adding that Thomson
have “projects” for the said locals, and want to return the land to wilderness.
I did not then know why he was saying such a thing, which I would have known if
I’d been familiar with Loliondo, but the choice of words was like an alarm. After
some time, I got in contact with a Tanzanian (my dear and very distant friend Navaya) who had researched the issue, and not much later was I contacted by
a representative of Thomson Safaris who made me experience the company’s
pompous insincerity first hand, and then, somewhat later, another such person. It
all made me spend many hours searching for information, first trying to make
others document and report what was going on, and then doing it myself, talking
to people on the ground and getting in contact with those online, before I not only
was banned from visiting Tanzania and my fingerprints thoroughly registered,
but every crack in the Loliondo wall of silence was glued up with fear.
 |
| photo: Lisa MacKinnon, 2018 |
Tanzania Breweries Limited
In
1984, 10,000 acres in Soitsambu village were allocated to the then parastatal
Tanzania Breweries Ltd (TBL) for barley cultivation totally free of charge.
According to the sadly missed Moringe Parkipuny, TBL had first requested
100,000 acres which he managed to stop, but “soft-headed” people in the
District Council went along with the 10,000 acres (Ndaskoi, 2008). Some say
that the village council allowed TBL to use the land for five years, but there
was never any contract made. There are some highly anomalously looking meeting
minutes in which Soitsambu village council is supposed to unanimously have
agreed to the land transfer. For example, the headline and stamp do not refer
to Soitsambu village, but Sukenya village (kijiji cha Sukenya) – an entity that
would not exist until 25 years later. At the time Sukenya was a sub-village
(kitongoji). And the signatures are by mostly unknown people who have never
been part of the village council. In the court case, the then district council
chairman, Ngorisa, testified that these minutes were forged by a land officer
called Hillu, apparently to be used when TBL obtained a certificate of
occupancy in 2004.
TBL
cultivated 100 of the 10,000 acres in 1985/1986 and some 700 acres in 1986/1987
while the Maasai continued using the rest of the land as before. Thereafter TBL
stopped cultivation altogether and left due to conditions that were too dry,
wild animals eating the barley, long distances to the head office in Moshi, and,
as Moringe Parkipuny has also mentioned, there was conflict and sabotage of
some TBL equipment. The whole of the land reverted to Maasai pastoralist use.
In
1987, 15 elders, assisted by Moringe Parkipuny, initiated a court case - case
No 74 of 1987 - against TBL, lost in 1990, and did not follow up properly. They
already had the land back anyway
In
1993, South African Breweries International (that later became SABMiller)
acquired 50% of the shares in TBL that now is a subsidiary of SABMiller.
More
than 16 years after having stopped all cultivation and left the land known as
Sukenya Farm, or farm no. 373, on 24th May 2004 TBL – using forged minutes
and without paying any compensation at all to the villages - obtained a 99-year
certificate of occupancy with starting date on 1st October 2003 from
the Commissioner for Lands. A total of 2,617 acres was added to the 10,000
acres. The specified land use in this certificate is “plant and animal
husbandry”. TBL left a guard on the land to look after buildings, and this
person who went away for months (or
persons according to TBL) never did anything to hinder, interfere, or oppose
complete Maasai repossession of the land, which means that the land had been
repossessed through adverse possession, for which twelve years would suffice under
Tanzanian law, while in this case more than sixteen years had passed.
There
are several other farms in Loliondo acquired under very dubious circumstances
in the 1980s, and it’s a mistake not to make real efforts to have them revoked.
Leaders know this and are stressed over leaving a legacy with even more land
lost, and everyone is affected if someone turns up and wants to manage the land
restricting grazing. The worst possible scenario happened to the Sukenya Farm –
Thomson Safaris came.
Thomson Safaris enter
In
January 2006 TBL announced that they were selling the 12,617 acres (51 km2).
The villagers protested, and said that anyone buying the land would have bought
a conflict. This was reported in a somewhat confused article in the Arusha
Times. The brewery found a buyer in Thomson Safaris – a Boston-based tour
operator part of Wineland-Thomson Adventures, Inc. owned by the married couple Judi
Wineland and Rick Thomson. For this purpose, Thomson had formed the company
Tanzania Conservation Ltd (TCL) and since foreigners are otherwise not allowed
to buy land in Tanzania they obtained a certificate from the Tanzania
Investment Centre (TIC). A family of four from Boston was now considered the
legitimate owners of 12,617 acres of Maasai land. Thomson paid only US$ 1.2 million for the by this time 96-year right of
occupancy. A more reasonable sum, mentioned during the court case, would have
been some US$ 19.2 million (current exchange rate). A piece of land of the same
size across the border in Kenya, but not very close to Maasai Mara, would
currently cost some US$ 25 million, according to advertisements.
To
mark their arrival, it’s been reported (and vehemently denied by the tour
operator) that Thomson started by setting fire to several temporary bomas
located on the land. A plan (that I’ve never seen) for Thomson’s use of the
land, prepared by Tanganyika Film and Safari Outfitters is said to be found at
the District Headquarters. The owner of TFSO, Peter Jones, was Thomson’s first
manager at the land they wanted to turn into their own private nature refuge. Peter Jones has a similar establishment in
West Kilimanjaaro, also “bought” from TBL, Ndarakwai Ranch, where the tourist
accommodation was burnt down to the ground by local Maasai in November 2014. To
the Nipashe newspaper in December 2006 Peter Jones said, “Sisi tuliwataka waondoke katika eneo hili ambalo ni mali yetu sasa.
Tulichoma ili wahame.” (We wanted them to leave that area that now is our
property. We burned so that they would move.) In the court case traditional
leader Sandet ole Reiya (who sadly passed away since then) testified that he
had a boma on the disputed land and that it was burned down by Thomson’s guards
in 2006, and that several other villagers also had their bomas burned, like
Shangwe Isata Ndekere, who testified as well.
 |
| Sandet ole Reiya photo: MRG |
President
Jakaya Kikwete visited Loliondo on 22nd March 2007 and met with CCM
elders, led by Soitsambu sub-village chairman, and traditional leader, Shangai
Putaa, who very strongly spoke up against Thomson’s occupation of the land and
demanded a revocation of the certificate of occupancy. Some say that they should have tried a politer
approach.
On
8th October 2007 SmarterTravel.com announced that “The company's American founders, who run
their own African ground operation and employ full-time Tanzanian-born guides,
recently purchased the private Loliondo wilderness area expressly to give their
clients more activity options. "Because it is 12,000 privately-owned,
unspoiled acres, guests will be able to move about freely with their guides and
not see any other tourists," says Ina Steinhilber of Thomas Safaris.
"The area also allows for walking, hiking, [dining in the bush], and night
wildlife viewing drives. All of these activities are heavily restricted or
forbidden within the parks, but we can do it all."
Thomson
advertised the acres as “unspoiled”, although have later had a story of
“recovered” land.
Initially
this land was in Soitsambu village, Soitsambu ward, but since the village has
been split up the land now falls in the new villages Sukenya and Mondorosi.
Sukenya with most its population from the Laitayok section and a big minority
of Loita now belongs to the new Oloipiri ward, while Mondorosi with a Purko
majority is found in Soitsambu ward. This has greatly helped Thomson to – just
like OBC that organises hunting for Sheikh Mohammed of Dubai, and for years
have been lobbying for the government to alienate from the Maasai the 1,500 km2
where they have their core hunting area - use divide and rule techniques
working closely with the “investor-friendly” councillor for Oloipiri, William
Alais, and they have basically carbon copied the rhetoric of government
officials that work for foreign “investors” against local people, and like to
accuse everyone who speak up for land rights of being “Kenyan”, and working for
destructive NGOs.
Thomson
Safaris have always denied any wrongdoing, and claimed to be the victims a
small group with selfish interests that’s making up lies about them. Often,
they reduce this group to just one woman, Maanda Ngoitiko, founder and director
of the NGO Pastoral Women’s Council, born and bred in Soitsambu, and this could
be seen from the first comment I ever heard from anyone associated with
Thomson, about a “Kenyan Maasai woman”. In 2014 Thomson’s managing director was
telling an American that had just found out about the conflict that it’s “one person conducting a campaign of
harassment and lies that is truly extraordinary and that this woman’s NGO has
made an astounding amount of money off demonizing them” in an email that
was forwarded to me.
On
7th November 2007 the earlier mentioned sub-village chairman, Shangai
Putaa, was abducted and killed by the police, and his dead body was found two
days later at Wasso Hospital. According to the police, and as reported in the
Arusha Times, Shangai had tried to flee when he was to show them the location
of hidden guns. This accusation seemed very unlikely to everyone who knew
Shangai Putaa. Regional Police Commander, Basilio Matei, ordered an
investigation, but the result never even reached Shangai’s family. He left
behind two widows and eight children. Shangai was Laitayok, from the
sub-section with a couple of influential leaders that welcome being approached
for divide and rule purposes, but as said, he led the delegation asking the
president to revoke Thomson’s certificate of occupancy, and he had also spoken
up against OBC.
Thomson
Safaris claim to be developing 12,617 acres of Maasai grazing land into a model
for community-based tourism and conservation initiatives, with the goal of
fostering a symbiotic relationship made possible by ecotourism. They call the land their own private Enashiva
Nature Refuge (online often “Eastern Serengeti Nature Refuge”).
As
I was told in Sukenya 2013, “Thomson
did not come to sit down with people to ask if they could do tourism on the
land; they came with power from the government and said that the land was
theirs”.
Lesinko shot
Thomson’s
guards increased efforts at restricting grazing in their claimed private nature
refuge, that they were to include in their regular itineraries for the 2008
season. In April 2008, there was a clash between Maasai taking their animals to
water and Thomson’ guards aided by the police. As Lesinko Nanyoi from Enadooshoke
told me in 2010, the herders were approached by angry Thomson guards telling
them, “this land does not belong to you
anymore” and a discussion ensued. Police reinforcement arrived, there was a
push and pull situation and three shots were fired. One shot hit Lesinko in the
jaw, people fled, some cows managed to get water. Lesinko was first taken to
the nearest dispensary which lies just metres across the border in Olpusimoru,
Kenya – which led to the standard allegations that Lesinko was “Kenyan” - and
later in the evening to Wasso hospital where the doctor arranged to have him
flown to Muhimbili Hospital in Dar es Salaam where he had to stay for one and a
half month. Eight other herders were taken to Loliondo and remanded for four
days and later released with a bond of TShs 1,200,000 paid in cash from selling
cattle in Kenya. At a press conference in Arusha on 23rd July 2008
government officials were competing in absolving both Thomson’s guards and the
police from the shooting and Lesinko has to this day not obtained justice. In
2009, in a “rebuttal” to a newspaper article Thomson said, “Lesingo Ole Nanyoi was not involved in a confrontation at Enashiva and
has since admitted that his injuries did not occur there”. When I met
Lesinko in 2010 he was very angry to hear the lies Thomson were writing about
him, nobody from the company had ever talked to him; only their local manager,
Daniel Yamat, approached his father trying to corrupt him when Lesinko was in
hospital. Lesinko wanted to personally inform the owners of Thomson Safaris
exactly what happened. When I met Lesinko again in 2013 he was bitter about
being used to talk to journalists, but never getting any justice after being
shot. He said that Thomson were at the time less aggressive and didn’t come
anywhere near his boma, except for one market day when all adults were away,
which worried him. Thomson have with the passing of the years moved from
denying that any violent confrontations have taken place to claiming to be the
victims of violent herders sent by their opponents.
Trent murdered
Trent
Keegan, a New Zealand-born photographer, based in Ireland at the time, in early
May 2008 came to Loliondo to investigate the conflict between Thomson Safaris
and the local Maasai. He sent emails to his friends about being approached by
Thomson’s guards and the police, and since he didn’t feel safe he departed for
Nairobi where he was murdered in the street on 28th May 2008.
Trent’s laptop and camera were stolen, but not the money he was carrying or his
Visa card.
Some
weeks after the murder, on 15th July, Trent’s friend, volunteer
worker Brian MacCormaic, who at the time was working as an adviser to Emanyatta
Secondary School in Ololosokwan, went to a meeting in Wasso with Rick Thomson
and Judi Wineland trying to clear things out. The owners of Thomson Safaris had
flown over to Tanzania when they heard there were rumours about the murder, and
Brian, thinking that they might be unaware of what was happening on the ground,
arranged to meet them. Thomson and Wineland were staying in Wasso and were also
supposed to have a meeting with the Village Council in Soitsambu that lies
between Ololosokwan and Wasso, so Brian was surprised that they insisted on
meeting him in Wasso. It was clear that Wineland and Thomson would not meet the
Village Council. Instead they were having a meeting with a “grazing committee”
handpicked by the DC (at that time Jowika Kasunga) and they insisted that
Brian, who had come for a private talk, should join the meeting. Accompanying
Thomson was “a bishop” (most probably the then Lutheran bishop of the Dodoma
diocese) and a woman saying that she was from “state house”. The committee
spoke Maa and the translator was Thomson’s local manager, Daniel Yamat. Almost
immediately the atmosphere turned hostile towards Brian, and he was prevented
from leaving. When he was about to leave the compound anyway a Thomson Safari
vehicle with some ten armed men sped into the compound, and these men started
blocking his departure. Brian was told that they were policemen ordered by the
DC. After some considerable time and a phone call to the Regional Commissioner
Brian was finally let go. A few days later Brian was summoned to the DC’s
office to be questioned by the Ngorongoro Security Committee. Outside he met
Daniel Yamat who boasted about having files from Brian’s computer, naming
several of the files. Later the same day headmaster of the school witnessed in
a meeting with the DC how Yamat presented prints of personal files from
Brian’s, and also from Trent’s laptop. The DC seemed unconcerned about what
Thomson were doing, and much more interested in if Brian had the right
documents and permits, and in questioning him about his relationship to Trent.
Different
suspects have been charged with the murder and then acquitted for lack of
evidence. It does not seem like the Nairobi police ever extended the
investigation to include Thomson Safaris.
2009 drought
The
harassment, beatings and arrests of herders continued into the terrible drought
year of 2009 that would see the extrajudicial evictions for the benefit of OBC.
One
case that’s been detailed is that of Taraiya Meitaya from Irmasiling who in May
2009 was confronted by seven Thomson guards and two policemen near the land
occupied by the tour operator. He was severely beaten and taken to Loliondo
police station for questioning the boundaries of Thomson’s nature refuge.
Taraiya was held for two days without food and seven days in total. (When I
spent two nights in a dirty, ice-cold, and mosquito infested police cell at
Loliondo police station, the graffiti informed me that not feeding those
arrested is a common practise. I was however fed by some police staff.) After
four days, Taraiya’s case was heard by the magistrate and after three more days
he was released on the condition that he should pay TShs 300,000 to the court.
Unable to pay the full amount he was caught when trying to sell cattle and
locked up again until he got help with paying a new fine of TShs 800,000 (the
alternative was 16 months in prison). Thomson complained that Taraiya had used
their vehicle demanding that he should pay TShs 300,000 for this. Taraiya had
to return to Loliondo and pay TShs 200,000 to Thomson’s guards.
Despite
these harassments, Thomson safaris was awarded the 2009 Tanzania Conservation
Award by the state-run-marketing board, the Tanzania Tourist Board (TTB). The
award specifically recognized the company's efforts in establishing and
supporting the Enashiva Nature Refuge, “a community-based conservation project
east of the Serengeti”. In May 2009, Daniel Yamat, received the award on behalf
of Thomson Safaris at a ceremony in Cairo, which was attended by the then
minister for Natural Resources and Tourism, Shamsa Mwangunga, among other distinguished
guests. Thomson Safaris have also received various awards from magazines like
National Geographic, Outside and Travel +Leisure.
In
late June the same year, the District Council approved a formal complaint about
Thomson to the PM and the president, and even the new DC, Elias Wawa Lali – who
would soon live up, or down, to the colonial roots of his office, controlling
the natives to facilitate natural resource use by foreign “investors” - requested
Thomson Safaris, as a temporary measure, to allow the local pastoralists to
graze their animals on the land – that, I’ve been told, per traditional
arrangements is more for the early and late parts of the rainy season - to save
them from starvation. There was never an agreement from Thomson of allowing grazing,
but they became wary of arrests after their supporter, the DC, had spoken.
There was some harassment in July, but then it stopped for a while. Later
Thomson have kept making a big issue of how they helped the Maasai “save their
cattle” during the drought.
The
DC’s request was written about in the Arusha Times, but after that the
newspaper turned to publishing press releases by Thomson’s own long-time American
project manager and journalist, Jeremy Swanson O’Kasick, who together with his Tanzanian
wife, Happiness Mwamasika, who served as coordinator for Thomson’s charitable
branch, using political and other contacts to make “friends” for Thomson, were for
years key persons in the whole conflict, but they seem to have moved on. The
articles were about Thomson joining the organisation Sustainable Travel
International (that later claimed that Thomson Safaris no longer was a member,
even if the logo was on the website, receiving
awards or distributing government food aid in September 2009, which Thomson of
course made a big issue of and bring up when approached by international media.
Later the focus was on the huge benefits made by women selling beadwork to
Thomson’s tourists.
The Sign
In
October 2009, a sign was put up next to “Enashiva Nature Refuge” saying,
translated from Swahili, “The Government
hereby intends to change the land use in farm no. 373 which is situated in
Sukenya and which is owned by Tanzania Conservation Ltd from agriculture and
pastoralism to conservation and tourism. Any person liable to be affected by
the changes should express their opinions via the office of the District
Executive Officer within 30 days from the 27th of October 2009.”
Both Soitsambu Village Council and the District Council held meetings and
produced minutes strongly opposing the change in land use. There had already
been a letter prepared by Tanganyika Film and Safari Outfitters in September
2006 requesting this change in land use. Though Tanzania Investment Centre
(TIC) have claimed that “relevant committees” - whatever they could have meant
by that when only the villages are relevant and were not involved - at the
District Council had approved the change in land use in January 2008. No change
in land use classification has taken place, even if Thomson during the court
case have claimed that it is “pending”.
 |
| photo: Navaya ole Ndaskoi, 2009 |
First International Article
In
February 2009, British journalist Alex Renton, and photographer Caroline Irby,
went to Loliondo to cover the ongoing land conflicts. They talked with Lesinko
Nanyoi and other people affected by Thomson, and were accompanied by the
allegedly Thomson-befriended chairman of Soitsambu at the time, but who later
after having been ousted repented and claimed having been intimidated by the
DC. When upon an invitation by Thomson's Arusha manager the reporters visited
"Enashiva Nature Refuge" Thomson’s local manager, Daniel Yamat, made
a phone call and in ten minutes the police appeared, taking them to the DC’s
office, and then escorted them to Arusha. The DC’s secretary told the reporters
that they were acting on a complaint by Thomson. On 6th September
2009, the article appeared in the Observer and Thomson were prepared with a new
blog and a rebuttal with some wild claims and denials that has since been
removed from the blog. Among other things Thomson wrote that the communities
surrounding Enashiva have expressed strong support for Thomson and its vision
for the refuge, they don’t employ guards but “unarmed wildlife scouts that have
never initiated or engaged in any acts of violence”, the extremely offensive
lies about Lesinko, and that they were “not aware that Trent Keegan was working
on a story until after his death”. Sadly, this not perfect article that was not
followed-up, must have informed Thomson that tourists don’t really care that much
at all.
Regarding
the “unarmed wildlife scouts” people living around the land occupied by Thomson
have confirmed to me long ago that these always carry traditional weapons, and
also firearms when there are guests, and to this should be added the fact that
the police for years were known to work as Thomson’s de facto guards. It has recently surfaced in sworn testimony to EarthRights
International – assisting with discovery for the court case in 2014 – that Rick
Thomson revealed that the company employs security staff both from the Wildlife
Division and from local police on a temporary basis. When Moringe
Parkipuny, the first MP for Ngorongoro, in 2010 took me (as his friend, a
“church person”) to Enashiva to have a drink, we were turned away by a guard
with poison arrow ready in hand. The guards also have the most formidable of
arms, which is a vehicle.
 |
| Not welcome. photo: Susanna, 2010 |
One
blog entry that Thomson haven’t removed is their early description of Enashiva
Nature Refuge. Phrases like:
“Long ago, Maasai cattle herders called the creek
Enashiva, the Maasai word for happiness. Today, Thomson Safaris is working
alongside the Maasai to conserve this vast wilderness of wooded savannah and
open grassland covering 12,600 acres within the Serengeti ecosystem.”,
“purchased the land in an open
bidding process”,
“saw its potential to be a model for
community development, conservation, and responsible tourism”,
“The council has officially voiced
its support for Thomson Safaris and actively collaborates with Thomson on
Enashiva initiatives.”,
“dedicated staff has led explorations
of the land for prestigious researchers”,
“remarkable increases in wildlife
numbers”,
“authentic cultural exchanges”,
“Enashiva represents the culmination
of nearly 30 years of Thomson’s commitment to Tanzania.”
In
this way, Thomson Safaris over the years, pictured an ideal environment for
undisturbed wildlife viewing, benefitting the local economy and its people,
whereas the reality on the ground for these same people had resulted in
exchanges that had been far from the painted scenario. And, nobody seems to
know about any creek with that name.
The PMs “Report”
In
July 2008, thirteen members of Soitsambu village government went to Dodoma to
face the Prime Minister over the ownership of the 12,617 acres. The PM set up a
committee to investigate the conflict and this committee visited Loliondo in
November 2008. The committee interviewed some community members, but it also
spent an entire day at Thomson Safaris’ camp. A summary of the report was made
public in Thomson Safaris’ blog in February 2010 and it concluded that Tanzania
Breweries Ltd obtained the farm in a legal manner from the village, Tanzania
Conservation Ltd legally purchased the land from TBL, conservation and
photographic tourism was an appropriate land use and the problem was unnamed
jealous tour operators, NGOs, Kenyans, and the Purko Maasai. Surprisingly, the
report summary says that the Loita and not the Laitayok are the traditional
residents of the area, maybe because the writer was not competent enough to
follow Thomson’s instructions. When asked questions by media, Thomson and
Wineland very often bring up this report.
Unanswered UN Letters
Despite
the “all is well”- propaganda, a growing number of international groups had
taken notice of some of the wrongdoings. In March 2009, the UN Committee for
the Elimination of Racial Discrimination (CERD) – after Minority Rights Group
International had lodged an urgent action request - sent a letter to the
Tanzanian Government requesting information about the situation, but they did
not receive a reply. The committee requested some interim measures – like
allowing grazing and watering, suspending commercial development, ensuring
physical security and investigating brutality and criminality - to be put in
place, which did not happen. CERD sent another letter in March 2011 and a third
letter was sent in 2013. In April 2014, the UN Special Rapporteur on the Rights
of Indigenous Peoples also sent a letter to the Tanzanian government.
The Court Cases
In
February 2010 Soitsambu Village Council, assisted by Minority Rights Group
International, initiated a court case against Thomson Safaris (Tanzania
Conservation Ltd) and Tanzania Breweries Ltd. The court hearings faced many
delays due to technicalities despite the urgency requested for. On 31st
May 2011, the main case was dismissed on a preliminary objection being that it
was “exactly the same” case as brought to court in the late 1980s. An appeal
was sought and granted after another year had passed for a full trial in the
High Court. On 10 October 2012, there was an injunction hearing for the land
case. On 17 January 2013, the High Court upheld the objection against the
injunction and ruled that Soitsambu Village lacks necessary legal status since
it was split up into four villages in 2010. On 17 May, the land case was struck
out by the judge who was not following proper procedures since she had earlier
agreed to amendments to the case including Mondorosi and Sukenya.
On
4th July 2013, despite ferocious divide and rule tactics, Land Case
26 2013 was filed: Mondorosi Village Council, Sukenya Village Council and
Soitsambu Village Council versus Tanzania Breweries Ltd, Tanzania Conservation
Ltd, Ngorongoro District Council, the Commissioner for Lands and the Attorney
General. The villages currently affected by Thomson Safaris are Sukenya and
Mondorosi, but Soitsambu wanted to be included. There were many postponements,
but on 4th April was there a verdict on the injunction that the
judge did not admit. The main case continued.
Court
hearings started on 8th December 2014 and were postponed several
times. The case is based on adverse possession - a clear case since the Maasai
had got their land back and used it undisturbed for well over the required 12
years. TBL only ever used a small part of the land, while the Maasai continued
with their land use, had stopped using it sometime between 1987 and 1990, and
Thomson Safaris did not arrive until 2006.
The
judgement came on 28th October 2015 when the High Court in Arusha,
ruled against the Maasai on all points except a minor one concerning TBL adding
2,617 acres in 2004. The Maasai’s lawyers, Wallace N. Kapaya and Rashid S.
Rashid, expressed their disappointment and stated “We are tremendously dissatisfied with this judgment and intend to appeal
it at the first opportunity. Based on the evidence at trial the court did not
come to a fair decision, and this judgment only serves to cement the
marginalisation of the Maasai in Ngorongoro in the name of conservation.” (MRG, 2015).
The villages appealed the injustice of the judgement that in practice
legalized the questionable loss of Maasai land to an American tour operator
that had bought it from TBL, the brewery that cultivated some barley for a few
years in the 1980s. At the same time Thomson Safaris also decided to appeal the
judgement insisting that all the 12,617 acres had been correctly acquired. At
least that’s what I was told in 2015. I haven’t been able to confirm that
Thomson appealed as well. As far as I know, the case is still in the court of
appeal.
The need for international litigation seems obvious.
Becoming a blogger
I
personally experienced how the Tanzanian authorities shielded Thomson Safaris
when in February 2010, moving around as a tourist who had become involved in
internet travel forums, after having met several people in Sukenya, I asked
Soitsambu Ward Executive Officer, Amati, if whether the online statements by
Thomson were true indeed (people in Sukenya had said that very little of it
was). The WEO almost immediately phoned the DC who promised to answer my
questions the following day, then the WEO showed off his phone display that
said, “Thomson manager” and a Thomson vehicle loaded with USAID mosquito nets
was parked next to where we were sitting.
The following morning, when waiting for transport to Soitsambu to meet
the DC – without much faith but thinking that maybe he’d set up some propaganda
spectacle for Thomson - I was instead picked up by the police and taken to the
Ngorongoro Security Committee, headed by DC Elias Wawa Lali, that, after
considering other kinds of “crimes”, decided that I had been doing “research”
without a permit, and confiscated my passport. I had to go to the Immigration
office in Arusha where I was declared a prohibited immigrant. Following this experience,
I started this blog View from the Termite Mound. In 2011 and 2013 I returned to
Loliondo without problems, but in 2015 I was arrested, locked up for two nights
at Loliondo police station – where DC Hashim Mgandilwa was hovering around.
Thereafter I was brought for another night to the Arusha police station –
without being allowed to contact anyone (though fortunately someone had
contacted Onesmo Olengurumwa of THRDC who sent lawyers to Immigration in
Arusha) nor granted bail – and instead of being taken to court, I was again
declared a prohibited immigrant and deported to Kenya from where I had entered.
In Kenya, I discovered that the hard drive of my laptop had been stolen while
in custody with Immigration. Manyerere Jackton, the most fervent anti-Loliondo
“journalist” (close the OBC), wrote articles with the most bizarre claims about
my arrest, like that I would have researched the Loita-Sonjo conflict without
permits, and had sided with the Maasai (Raia Tanzania, 2015), that I’m out to
destabilize the Serengeti ecosystem for the benefit of those who have “sent” me
(Raia Tanzania, 2015), that I’m a western agent out to destabilize Tanzania for
neo-colonial reasons (Jamhuri, 2015), that I’ve fundraised billions of money
and given a lot to Maasai NGOs (that would have been nice…) (Jamhuri, 2015),
that I would have said that I’d make sure Swedish aid to Tanzania is cut unless
authorities stop harassing me (I wish I had that influence…) (Jamhuri, 2015).
That was the level of reporting, and it worsened considerably in 2016. I
haven’t been contacted by Thomson themselves since early 2010 when I was urged
to come and see for myself, then turned away when doing so (anonymously as
Moringe Parkipuny’s friend), and thrown out of the country for the first time.
The Negotiations
In
2011, Minority Rights Group International approached Thomson’s lawyers through
an international law firm called Hausfelds and asked if the company would be
interested in an out of court agreement. The safari company’s lawyers came back
with the information that Rick Thomson said he would be interested.
The
last days of October 2011, a representative from Minority Rights Group was
present at several well attended community meetings. All Maasai sections joined
in, even though the Sukenya chairman, who at that time was befriended by
Thomson, chose not to attend. The meetings were arranged by the Pastoral
Women’s Council and took place in Sukenya, Mondorosi and Enadooshoke. The MRG
representative asked the community for a negotiation package that, instead of
justice, would look for an agreement where fundamental stakes of both parties
would be considered. The result of these meetings was to offer the safari
company to keep 2,000 acres while the remaining 10,617 acres would return to
the community and could be used by Thomson on a contractual basis considering
the needs of the community. Thomson’s lawyers were informed about this outcome.
However, the owners of the company told the Arusha RC that they had never
talked about any negotiations and everything was a hoax made up by PWC (MRG,
2012).
Children
Children
have often been targeted by Thomson’s guards. For example, on 30th May
2011, two young Maasai boys herding cattle – 11 years old Tajewo Nanyoi and 13
years old Tobiko Nanyoi - were beaten
with a stick and injured by a Thomson guard. When Tobiko’s father returned from
a journey he tried to ask the guard why he had beaten his child and got the
reply that “we will beat them until you stop grazing your cattle at this farm”.
Two children were also dragged through court for “trespassing” for several
months 2012-2013. Most of the people I’ve met on the ground have complained
about the Enashiva guards beating children. When in a vehicle in 2013, I could
personally see how some young herders who had brought cattle onto the occupied
land, in apparent panic upon seeing the vehicle, started running at full speed
towards a wooded area.
 |
| Running photo: 2013 |
Five herders
The
harassment of herders continued and in January 2012, a colonial era cattle
crush situated on the disputed land and used for dipping and vaccinating by the
communities of Irmasiling and Enadooshoke was destroyed by Thomson. On 12th June, the DC held a meeting
on behalf of Thomson talking with village leaders about grazing. Besides the
DC, Thomson were represented by the District Executive Officer, the company’s
manager, their attorney from Dar es Salaam and the representative from FoTZC,
Thomson’s “charitable” branch. Most people present were Laitayok, but
reportedly nobody agreed with Thomson about grazing.
On
27th July 2012 three young men and two children, Kikana Rogei (15),
Shashon Kiritani (18) and Somiti Ming’ini (14) from Sukenya, and Keng’otore
Nanyoi (25) and Sambao Soit (25) from Mondorosi, were beaten by Thomson’s
guards and the police for trespass on the occupied land, then
re-arrested and released on bail. The DC was trying to make an example of them
and many court hearings were scheduled and adjourned so that Thomson could
“gather more evidence”. After almost a year the case was finally dismissed on 5th
June 2013. The people testifying on Thomson’s behalf were contradicting
themselves and each other too much and the judge established that it was
crystal clear that the complainant, Thomson Safaris, according to the
prosecution itself - that talked about Tanzania Conservation Ltd when the
charge sheet said Thomson Safaris - was not the owner of the land, so there was
no case. I met Sambao and Keng’otore in July 2013. They did not want to be
anonymous, and were full of praise for their lawyer, Shilinde Ngalula from
Legal and Human Rights Centre. They told me how Thomson were emboldened when
Shilinde had a car accident and they thought he had died, but then he returned
and won the case. Spending so much time in court had been very costly, but the
herders were happy and felt that with unity they could defeat Thomson.
It's
too painful to think of how lawlessness in Loliondo later went to such extremes
that in July 2016, Shilinde was arrested – accused of incitement and espionage
– inside the court precincts complete with his full court attire while waiting
to represent his clients who were illegally arrested to intimidate and silence
anyone who was even thinking of speaking up against the “investors”, Thomson
and OBC. Not to mention the fact that the Mondorosi chairman has now “welcomed”
Thomson’s projects.
Killing a website
On
14th February 2013 two young men, Mbekure Olemeeki (21) and
Oloimaoja Ndekerei (18) and one young woman, Narikungishu Olemeeki (19), were
caught by police and “Enashiva” guards when tending cattle near the land
occupied by Thomson and taken to a place where they were kicked and punched and
told to jump up and down. Later, the police showed an unusual interest in
questioning these young people, that preferred to keep away. Eventually, it
transpired that the police were trying to assist Thomson in the case against
the Stop Thomson Safaris website, which they did via a written statement saying
that the youngsters couldn’t be found.
In
late April 2013, the anonymous people behind the website Stop Thomson Safaris
were informed that Thomson Safaris had sued them in the Superior Court of
California, County of San Francisco, for “defamation and tortious interference
with prospective economic advantage”. The safari company had used a subpoena to
make the web host, Weebly, disclose their identity, but Weebly refused. This
website was started in August 2012 by some people who had seen first-hand the
effects of Thomson's land occupation on the residents of Loliondo and decided
to raise awareness about the situation, and for some time the reported about
different cases of abuse. Thomson had written declarations from Josiah Severre
(local manager while Yamat was working with FZS), Daniel Yamat, and another
employee called Emmanuel Lorru, and of course from the councillor for Oloipiri,
William Alais. Most telling was Judi Wineland’s declaration anticipating that a
business competitor would be revealed as creator or co-creator of the website (I
know this is totally untrue), shamelessly invoking the “investigation” from
2008 and mentioning that the website had made Thomson incur fees of thousands
of dollars per month to an agency specializing in search engine optimization,
online reputation management and analytics. Although others (like me) without
any commercial intentions, had reported the same information about Thomson, and
more, the court seems to, for inexplicable reasons, have taken Thomson’s claims
seriously and the case against the website continued. On 5th December
2014, the Cyberlaw Clinic of Harvard Law School filed an amicus letter on
behalf of two organisations, Global Voices Advocacy and the Media Legal Defence
Initiative, saying that by allowing this frivolous lawsuit the California Court
of Appeal created a dangerous environment of persons reporting anonymously on
issues with governments and corporations outside the United States. The amicus
letter didn’t help, and in early 2015 those behind the website were forced to
agree to a settlement to keep their anonymity and safety in Tanzania, and it
was taken down.
More Journalists in Trouble
In
December 2014, the American journalist Jean Friedman-Rudovsky and photographer
Noah Friedman-Rudovsky interviewed Daniel Yamat and were taken to a community
meeting arranged by the councillor for Oloipiri and in which Gabriel Killel of
Kidupo held a speech. Alais was not totally happy with the reporters, phoned
the DC and a lengthy and threatening interrogation by the Security Committee
followed. What saved these reporters was explaining that they would spend their
last day in Loliondo visiting Thomson’s projects, talking to their supporters
and interviewing William Alais, whose men were told not to leave the reporters
alone. Still, the Thomson supporters the reporters were introduced to had their
own complaints about harassment by the company’s guards. The article was
published in Vice magazine on 12th May 2015, and like all about
Loliondo it could have needed some proofreading, but it was a powerful reminder
of what could happen in Loliondo before things got even worse.
(Friedman-Rudovsky, 2015).
Gabriel
Killel, coordinator of the Laitayok dominated NGO Kidupo, who appeared in a
video in the article, is working closely with William Alais to defend the
“investors” that threaten land rights in Loliondo. Both have a background as
catholic priests that somehow managed to get fired. In October 2014, Killel went
to Dodoma with a delegation, of course also including Alais, to support Thomson
and OBC on a visit to the
Minister of State in the Prime Minister's Office for Investment and
Empowerment, and has since behaved in an increasingly violent and deranged way,
starting with threatening everyone he suspected of having informed his
Norwegian Sami donor – that’s for and not against indigenous people’s rights -
that he had begun working for “investors” against his own land rights. Killel
spent some time in prison after multiple court cases, like insulting a district
magistrate, physically assaulting special seats councillor Tina Timan, and
another case filed against him by his wife. He got out very soon though.
Olunjai
On
13th and 14th January 2014 Thomson’s guards, together
with the police, physically assaulted several herders: Songori Nkoitoi from
Mondorosi was caught by the guards and was badly beaten.
24-year-old
Munjaa ole Musa from Sukenya was looking for lost cows when he got caught by
Thomson guards and the police. He was beaten with sticks and belts on legs and
arms. He got a knife-cut in the arm which led to considerable bleeding. A
policeman holding a firearm told Munjaa that he would be killed. The attackers
wanted Munjaa to provide information about a man he had not heard of who had
fought with a policeman. Munjaa was taken to Thomson camp where he was detained
for unknown reasons.
Kendo
ole Maiwa from Sukenya was found by Thomson’s guards and police when grazing
calves near his home together with two young sons. Kendo was beaten with
sticks, handcuffed and taken to Thomson’s camp. He was released after seven
hours.
Naboye
Ngukwo, from Sukenya, was also approached by Thomson Safaris guards and local
police when he was grazing his cattle in the nearby “Enshiva”. He was knocked
to the ground and his hand badly injured where he was hit with a rungu. X-rays
in Wasso hospital showed broken bones.
On
the 15th villagers were holding a meeting about the attacks by
Thomson’s guards and the police. At the meeting, much bitterness was expressed
about Daniel Yamat. People resolved to continue grazing on the occupied land.
While the meeting was taking place, Thomson detained a big number of cows. Upon
hearing about this, warriors headed towards Thomson’s camp wanting to burn it
down. Thomson called in police from Loliondo and the police fired shots into
the air. The cows were released in the evening. But the next day, the Sukenya
leaders were summoned by security officers and warned that they were going
against the “government’s prohibition” of grazing on the land occupied by
Thomson.
The
village chairmen of Sukenya, Mondorosi and Soitsambu went to Arusha to consult
with lawyers. In the meantime, Yamat instigated the women of the “cultural
boma” in Sukenya to complain that their leaders wanted to stop tourists from
doing business with them.
Two
weeks later, on 3rd February 2014, a meeting was held in Sukenya
called by the DC and attended by security officers, councillors, village
chairmen, and villagers. Thomson’s Arusha manager, John Bearcroft, was also
present and said that the safari company and the villagers are fighting over a
fish. “One gets the head and one gets the tail while the lawyers and village
governments get the fat middle part.” As
I wrote at the time, Thomson were obviously munching on a fish belonging to
thousands of Maasai that are supposed to be grateful for having a market for
fish-bone handicraft (and to be the objects of fish “charity”). The village
governments weren’t getting any fish fat and the community lawyers got low-fat
fish from Minority Rights Group. Only Thomson’s lawyers get corporate fish. A
committee, including the Thomson-friendly councillor for Oloipiri, was formed
to look into grazing. All three village chairmen stayed united.
On
6th March villagers refused to attend a meeting organised by the
committee arguing that the it was not legitimate and was lobbying for Thomson.
From
3-7 May 2014, there was a District Council meeting attended by the village
chairmen on the 4th, a team was set up to investigate how the
council could get out of the court case and support the villages instead. The
major hurdle was that many council employees supported Thomson.
In
early June 2014, Torian Karia and Kotikash Kudate from Mondorosi were caught by
Thomson Safaris employees, beaten and forced into a Thomson vehicle. The prison
magistrate under pressure from the manager initially refused bail and after a
few days were bailed out after efforts by the chairman of Mondorosi, Joshua
Makko. They were accused of being “Kenyans”, threatening Thomson staff with
spears and rungus, and trespass. The case was to begin on 20th June.
The outcome was that the herders had to pay a fine.
On
13th June 2014, at Wasso market Ndolei Musa from Sukenya was
identified by Thomson’s guard Lucas Semat as a herder that had beaten him up on
4th June when the guard was chasing cows. Thomson’s manager Daniel
Yamat had reported the matter to both Wasso and Loliondo police stations. It
was decided that the group of leaders, including the village chairman, should
consult Daniel Yamat to try to resolve the matter, but this attempt was refused
by Yamat who wanted a court case (which those attacked with the occupier’s
guards can only dream of). Ndolei Musa was released on bail and told to appear
in court on 18th June. There were several postponements. Ndolei did
not have a legal representative in court and he admitted without regrets of
beating up the guard, who was chasing away cows in preparation for the arrival
of tourists to “Enashiva Nature Refuge”. The sentence was supposed to have been
read on 4th July, but was postponed until the 11th. On
the 22nd Ndolei was released with a fine of TSh 150,000. Ndolei was
told that if he does it again he will end up in prison. When in the usual
manner being asked who “sent him” Ndolei said that he felt obliged to protect
his land.
In
the evening of 8th July 2014, Olunjai Timan and some other herders
from Mondorosi were looking for lost cows on the land occupied by Thomson
Safaris. They saw car lights supposedly driving the cows towards Olunjai’s
boma, so they went towards the vehicle. Almost all Thomson’s guards were
present as well as two policemen. Olunjai heard, “mko chini ya ulinzi” (you are under arrest), and a Thomson guard
said, “piga huyo, piga huyo, washa
risasi” (“shoot that one, shoot that one, open fire”.) Olunjai was ordered
to kneel, which he didn’t do. The herders were running, and two shots were
fired. The second shot hit Olunjai in the hip and he continued running for 50
metres before losing energy and falling to the ground. He was found by his
neighbour, Kitenge Daniel Saing’eu, who saw blood all over. Olunjai was already
weak by the time he was found. He told the neighbour that he was shot by a
policeman stationed at Nginye police post. The village chairman called the
ambulance from Wasso that came and rushed Olunjai to hospital. Reception at
hospital was first slow and the police form needed for these cases was not
collected. Olunjai was discharged from hospital after one week and recovered
completely.
Information
from the police said that it was another policeman that had two bullets missing
from his weapon. He was under custody and his case had been sent to the
Director of Public Prosecution. Later on, doubts were aired by local people,
who reported that they saw him walking around in Ololosokwan and Soitsambu for
weeks until he was transferred to Karatu together with his colleague. It’s very
unclear if any investigation at all has taken place.
On
the 13th and 14th July 2014, there were meetings in
Mondorosi calling for the government to act against the shooting and against
Thomson Safaris. Warriors wanted to burn down Thomson’s camp, but were calmed
by leaders asking them to wait until after a meeting with the DC. People were
bitter and shocked by this shooting that happened while they were contributing
money for Torian Karia and Kotikash Kudate that had trespass cases filed
against them by Thomson. There was a short news piece on ITV about the
protests, but the written press never published the story.
On
15th July there was a very well attended meeting with the District
Commissioner, District Executive Director and District Security Officer. The DC
told the enraged attendants that wanted Thomson removed from the land once and
for all that he had no power to do so, but that the government was very
concerned about the shooting. The gathered community fearing that the leaders
could be corrupted wanted to prevent them from having a closed meeting with the
DC, but did eventually give in.
The
recommendations that the DC, village leaders and ward councillors came back
with were as follows:
-The
community should not fight Thomson Safaris. Instead they should be calm and use
the legal system to support their case;
-The
government will revitalize a committee that was established in January 2014
(the one including the councillor for Oloipiri) and was meant to coordinate
grazing and tourism in the area;
-The
committee will arrange for cattle to continue grazing on the disputed land;
-The
government will hold the police to account for the shooting;
-The
District Council will join the villages in the principal court case.
On
18th July 2014 Daniel Yamat and the committee consisting of the
chairmen of Sukenya, Mondorosi and Soitsambu, three traditional leaders, three
women, and the councillors for Soitsambu and Oloipiri wards held a meeting,
walking the land, without reaching an agreement about grazing. Yamat could only
stretch to agree to allow grazing in wooded areas.
The
case had to be taken to a meeting with the DC on the 21st. Several
district officers and the executive officers of the two wards attended this
meeting together with the earlier committee, ward councillors and Thomson’s
Yamat. The meeting ended with an agreement that cattle would graze on the
entire 12,617 acres starting immediately and continuing until the court case
was over. Yamat resisted till the end wanting to restrict grazing to bushy
parts and far from the camp, but was pushed by the government officials, who in
the past had always been friendly to the company, to agree. Yamat was advised
by the officials to work with the committee to coordinate grazing and tourism
At
a district council meeting on 26th July councillors made a statement
saying that they wanted Thomson Safaris to leave community land. The councillor
for Oloipiri kept completely quiet and the councillor for Enguserosambu, who in
2010 was corrupted by Thomson, spoke aggressively against Thomson this time
The
harassment stopped, but there was a relapse on 15th August when
Yamat returned from a trip and started chasing cows. After this Thomson seem to
have restricted from this aggression towards the local community.
Alais
and Killel continued their destructive path in defence of OBC and Thomson, even
working together with OBC’s “journalist” Manyerere Jackton, who besides
campaigning for the alienation of 1,500 km2 of grazing land - which at least
Alais can’t possibly agree with (Killel’s mental state admits anything) - has
gone as far as claiming that 70 percent of the Loliondo Maasai would not be
Tanzanian. Some Laitayok traditional leaders spoke out against the efforts to
separate them from the rest of the Maasai, but to no avail. Killel also
appeared in an anti-Loliondo “documentary” in Channel 10 together with OBC’s
director, Isaack Mollel.
2015
saw the arrival of a new DC, Hashim Mgandliwa, who was even crazier than his
predecessors working for the investors and against the people. In May, after
some warriors had beaten up corrupt policemen extorting people at Ololosokwan
market, the DC used the occasion to arrest leaders suspected of being able to
speak up against the “investors” and made them walk from Wasso to Loliondo in front
of police vehicles. Then an
“anti-Kenyan” operation was used by William Alais (Oloipiri councillor) and the
Officer Commanding District to attack the village of Kirtalo where OBC have
their camp.
When
I visited Loliondo again in June 2015, I was arrested, or rather kidnapped
since I wasn’t allowed to contact anyone (see above), for three nights and
deported to Kenya before having the opportunity to go to Sukenya and Mondorosi,
but people who should know told me that herders were still entering the land
occupied by Thomson, the guards were still ignoring them as decided after
Olunjai Timan was shot. One of Thomson’s drivers was boasting about having seen
me, but it’s unclear if or how he and Thomson were involved in the arrest. Killel
was, regardless of what he actually did, of course also boasting. Another
driver was definitely involved, while the one I first tried to arrange things
with decided that it sounded to risky to go and have a look at Thomson’s
private nature refuge. The arrest unfortunately made some people even more
afraid of communicating with me.
Sadly,
Alais continued as councillor for Oloipiri after the elections 2015, the new MP
was William Olenasha, which at that time sounded like wonderful news … Joshua
Makko – who at that time, and for years until recently, was believed to be very
serious - stayed as chairman for Mondorosi, and the new chairman for Sukenya was
Ledamat Maito who was described as a great guy and big against Thomson, but was
reportedly soon gifted with a motorbike and became “like Thomson’s wife”.
Then,
when I visited Kenya in June-July 2016, since my prohibited immigrant status
hadn’t been revoked – my fingerprints were registered at border crossings, and
I didn’t have anyone brave and competent enough to assist me with a Loliondo
visit under such circumstances - I couldn’t go to Tanzania. The Jamhuri
published several anti-Loliondo articles, including another one about me, upon
the occasion of Manyerere Jackton and by now ex-DC Hashim Mgandilwa having got
hold of my request for revocation – which they also boasted about via email and
in social media. In one email Manyerere Jackton informed me that, “Finally you
will know who’s the worst journalist and who’s the worst mzungu”. Starting on
13th July there were multiple illegal mass arrests of up to ten
days, while the law requires that those arrested should be granted bail, or
taken to court, within 24 hours. The first person arrested was the secondary
school teacher Clinton “Eng’wes” Kairung who had visited me in Kenya. Among
several people who were arrested for shorter periods of time was the chairman
of Mondorosi. Clinton was eventually charged together with the secondary school
teacher Supuk Olemaoi and the NGONET coordinator Samwel Nang’iria. A special
task force from Dar es Salaam came to Loliondo for the interrogations, and it
later transpired that Samwel and Supuk were beaten during the interrogations,
and that Thomson’s and OBC’s big “friend” Gabriel Killel of Kidupo had been
meeting with this task force before its arrival in Loliondo. Bail wasn’t
granted until advocate Shilinde Ngalula from Legal and Human Rights Centre was
himself arrested in full court attire, Tanzania Human Rights Defenders
Coalition filed a habeas corpus application, lawyers in Arusha held a
manifestation, and the Tanganyika Law Society issued a statement. Later was
Maanda Ngoitiko of PWC, when summoned to Arusha Police Station to collect her
passport, arrested illegally for three nights, taken to Loliondo, and added to
the rather bizarre espionage and sabotage charges. Hearings kept being
postponed. On 22nd December 2016, 60 days had passed since the last
extension, and the plan was to file for dismissal, but as the magistrate
chamber was full of police with handcuffs ready for re-arrest upon dismissal,
the defence agreed to postpone until 19th January 2017 so that the
prosecution could get more time for “investigation”. On 22nd February
2017, the judge dismissed the case since it couldn’t go on forever and the
prosecution had now had more than enough time to prepare something coherent.
Then followed a very swift re-arrest and the victims of malicious prosecution had
to report at Loliondo police station every Friday, while the Office of the
Public Prosecutor continued the “investigation”. Though after some time these
very cumbersome visits to Loliondo police station were dropped.
Those
prosecuted were not those who had shared the most information with me, nobody
believes that I engage in “espionage and sabotage”, and the other charges –
being in possession of “government documents”, and mentioning “a stupid
government” – aren’t even illegal in any way, but that’s not the point. The
point was to intimidate everyone in Loliondo into silence, and I could be used
as a “dangerous foreigner”. Very sadly, the intimidation campaign was quite
successful, and even more so in the Thomson case. Since this blog post is about
Thomson Safaris and one of those maliciously prosecuted, Maanda Ngoitiko, is
their pet obsession, I must add that when arrested I hadn’t had any contact
with her for a very long time, since she kept being very badly harassed about
my blog (though never telling me to stop blogging), and after the intimidation campaign,
nobody even associated with PWC is allowed to contact me. Neither have I ever
got any assistance from PWC, or anyone else half-organised, when on the ground
in Loliondo, but have had to arrange things with whoever has taken pity on me,
which sometimes has been highly unsuitable people (more than one have later
been employed by OBC).
Some
time in early May 2018, started a clampdown on the villages that had sued the
Tanzanian government in the East African Court of Justice for the illegal operation
with mass arson and other crimes in 2017, and to stop the attempt to alienate
1,500 km2, lobbied for by OBC. In a stream of arrests common villagers are severely
harassed and intimidated by the Officer Commanding District and several police
officers working under him. Their authority to sue the government is
questioned, and they are interrogated about who, within and outside Tanzania,
is supporting them. The police have demanded that the applicants withdraw the
case and that signatories to the minutes of village meetings that authorized
the litigation withdraw their signatures, or state that they did not sign the
said minutes. They chairmen of Ololosokwan, Kirtalo, and Arash were arrested
and released on bail, and now have to report to Loliondo police station on
Fridays, which prevented them from attending court on Thursday 7th
June. They have been charged with instituting a case against the central government
without permission; holding a community meeting without permission from the
government; contributing financial resources to pay the lawyers without
government approval; and, being involved in the production of a report by the
Oakland Institute, an accusation that according to Oakland themselves is
unfounded and false. The chairman of Oloirien was arrested for 25 days before
being taken to court and granted bail on 1st June, then re-arrested
and bail applied for the same day. – and when summoned to Loliondo police
station on Monday 4th taken to Simiyu by a task force. Most terrifying
of all is that almost nobody dares to speak up and share information about the
current abuse, overtly calculated to interfere with the court case.
Under
this climate of fear Rick Thomson and Judi Wineland came for a very happy trip
to Loliondo, in close company of district officials.
Thomson
Safaris have been very active using charity, fundraised for by their former
clients, to gain support among Maasai communities and keep their hold on the
land. This is another characteristic that they share with OBC. Money raised
from tourists by Thomson’s charitable branch Focus on Tanzanian Communities
(FoTZC) – has been used to initiate many projects like the construction of
teachers’ houses, school dormitories, a dispensary, lately water projects in
Oloipiri ward under the “investor-friendly” leadership of William Alais. The
tour operator took the US ambassador for the inauguration of the teachers
houses in July 2010. Their most advertised project is support to Enyuata
Women’s Collaborative – a group which had already formed before Thomson’s
arrival with the help of the Laitayok dominated NGO Kidupo – whose sale of
beadwork to Thomson’s tourists has featured widely in Tanzanian media. Maasai
land is full of compromised people who don’t understand, or don’t want to
understand, how accepting charity from wealthy forces that are trying to take
your land and destroy your way of life, is bad for one’s credibility. Too many
think that you can have the cake and eat it, but Mondorosi village, maybe
because of the particularly aggressive hypocrisy of Thomson Safaris, has refused
FoTZC projects and has resisted intense pressure, and threats, from district
authorities. In May 2015, Mondorosi villagers protested Thomson Safaris and not
least the increasingly “investor-friendly” MP for Ngorongoro, Telele, who was
in Sukenya to inaugurate the dispensary. The Minister for Health who had also
been flown in, left early because of the protests. Though it seems like the
Mondorosi chairman in 2017, finally gave in to pressure (he had been one of the
victims of illegal arrest), and wrote a letter about opening the door to
Thomson’s projects, since they’d been using Mondorosi land for years without
any benefit to the village, later clarifying that it had to be done through the
District Council not to endanger the court case to regain the land. This is
however definitely something that Thomson will (and do) use in their
propaganda, and in the court case, and nothing that the chairman can decide on
his own. I wish I could get hold of the chairman for a comment about this. I
know for a fact that he in December 2017 - when he had already sent those
letters – complained, or lied, that Thomson were trying to enter Olepolos
sub-village using an employee and a maize milling machine.
On
10th June 2018, a Sonjo youth who’s Loliondo’s worst wannabe
corruptee published a post on Facebook of an inauguration of a water project in
Mondorosi. He has often done the same with OBC’s “charity”. In a video Joshua
Makko is thanking FoTZC and Thomson Safaris while Judi Wineland is seen looking
extremely pleased filming it all with a pink phone, Rick Thomson standing
behind her. Most attendants consist of DC, security committee and district
officials that apparently have taken a break from the ongoing intimidation
campaign against the villagers that have sued the government in the East
African Court of Justice to stop the threat against the 1,500 km2. While Joshua
stands there, three of his fellow chairmen will not be able to attend court
since they must present themselves at Loliondo police station, and one chairman
has been taken to Simiyu by a special task force. The wannabe corruptee quickly removed the
post, but then published another one without the video, but with photos of the water
project, the said maize milling machine, and teachers’ housing under
construction.
 |
| District Primary Education Officer, District Security Officer, District Commissioner/human rights criminal, Judi Wineland, Rick Thomson, current FoTZC coordinator Elizabeth Mwakajila, Daniel Yamat photo: Paul Dudui, 2018 |
Most
telling is that in 2013-2014, and probably also before and after, it was the
coordinator of Thomson’s charitable branch that was in charge of finding and
training witnesses for the court case. It does however seem like eventually, it
was their Arusha manager who was Thomson’s only witness.
Another
job by the coordinator for FoTZC was to in 2010 acquire the councillor for
Enguserosambu, Kaigil Ngukwo Mashati. This councillor had spoken up clearly and
loudly against the evictions for the benefit of OBC in 2009 (he was then
councillor for Orgosorok) and when I met him in early 2010 he also had a lot to
say also about Thomson and was convinced that the tour operator was involved in
the killing of Shangai Putaa. Therefore, it was something of a shock to see
Thomson declare in their blog that a new village, Orkiu, in the new
Enguserosambu ward, was seeking “partnership” with Tanzania Conservation Ltd
accepting funding for their primary school. The school of this village is at
quite a distance from the disputed land and closer to Loliondo town. This
partnership was reported as having been sought by the councillor, and a letter
that the councillor obviously had got a lot of “help” with was attached. The councillor claimed he had sought help for
the primary school from an organisation that just happened to work with
Thomson. However, Thomson Safaris themselves reported in their blog that he had
told them, “There are some people, even a few leaders, out there who say a lot
of things” “They don’t speak for the majority of your neighbors, including us
here in Orkiu.”. There are reports that Thomson Safaris approached the Regional
Commissioner about this councillor who was known to be interested in becoming
District Council Chairman. An email was circulated, apparently shared by the
councillor himself in an attempt to justify his actions, where the coordinator
of FoTZC, is confirming having talked with the RC about "politics in Loliondo",
as promised. He was not elected though. A teachers’ house was built.
Thereafter, the councillor kept a low profile about this partnership, but in
2014 FoTZc started building classrooms at Orkiu Primary School. Though after
Olunjai Timan was shot in July 2014 it was reported that the councillor spoke
out strongly against his “partners”.
How
Thomson want to view themselves could can be seen in their interest in the
Northern Rangelands Trust (NRT) in Kenya. In early December 2012 (and maybe
also at some later time), some Thomson staff and selected villagers,
facilitated by The Nature Conservancy (TNC) went to Laikipia in Kenya to learn
about community-based conservation. After the trip, findings were presented at
a meeting in Arusha to representatives of FZS, TNC, Ngorongoro District Council
and the Honeyguide Foundation. Also in Laikipia, TNC had a few years earlier,
provided funds for the African Wildlife Foundation (AWF) to purchase land
(Eland Downs) which led to brutal evictions of the local Samburu. When the
Samburu fought back with a court case the land was given as a present to the
Kenyan government for a national park (Survival International, 2011). TNC later
claimed that their only involvement with the Kenya trip was putting Loliondo
communities in touch with the NRT. NRT is an umbrella organization, started in
2004 by Lewa Downs Wildlife Conservancy in Laikipia, a white settler ranching
area. Relationships between the local communities and these settlers have been
at times been very tense. Notably in 2004 when the pastoralists claimed that
the 99-year lease had ended and that the Laikipia grazing lands should be
returned to them. To partly take away the risk of having to return the land to
the pastoral communities Lewa and others started working with the neighbouring
communities, making them profit from conserving wildlife was considered a
win-win-win situation for the settlers, wildlife and communities, respectively.
Outside support has since been provided by many international conservation and
development-oriented donor groups, from the USA and Europe. Over the years NRT
has expanded and nowadays includes a membership of over 30 conservancies.
That’s one side of the story while the other side tells that NRT now controls
8% of the Kenyan territory via co-opting local leaders as members of the trust
board, which has led to loss of grazing land, and NRT is expanding into the
oil-rich Turkana County with US$11.5 million donated by the Tullow Oil Company
for the establishment of more conservancies. (see: A Conspiracy in the Wild) Anyway, whatever one’s view on NRT is, Thomson Safaris
are a century too late if they want to emulate the white settlers.
“In Kenya the Northern Rangelands
Trust's so-called community conservancies are no more than buffer zones,
intelligence gathering stations and gatekeepers to keep white-owned ranches
safe from the pastoralist menace”, is how Dennis Morton, who
has studies the issues and particularly Tullow Oil, sums it all up.
As
said, TNC deny any involvement with
Thomson, though in 2012 Thomson’s project manager and journalist conducted
research for a university degree at the occupied land through a fellowship with
TNC. TNC sponsors NRT, AWF, and the Honeyguide Foundation.
FZS, have been
scheming against Maasai land rights since the 1950’s, Thomson’s notorious local
manager, Daniel Yamat, went to work with them for around two year before
returning to Thomson, but meanwhile kept being of help to his former employers,
currently Masegeri Tumbuya Rurai, who as district natural resource officer was
involved in the 2009 illegal evictions for the benefit of OBC and some years
ago was mentioned as the most dangerous person in Loliondo driving around in a
Nissan Patrol gifted to him by OBC, is working as FZS’s Project Leader of
Serengeti Ecosystem Management Project.
Honeyguide Foundation
is an organisation “dedicated to the long-term support of communities and their
conservation of wildlife and natural resources” and it does this using tourism.
In October 2012, Responsible Tourism Tanzania, an auditing and certifying
organisation that originated from the people behind Honeyguide, announced that
Thomson Safaris had kindly provided office space for RTTZ’s researchers and
auditors. In 2013, Honeyguide employed Thomson’s long time “journalist” and
project manager for some time. And, Thomson’s Arusha manager, John Bearcroft,
is on the board of Honeyguide. Though, in social media, a RTTZ representative
has claimed that they are independent from Honeyguide, and don’t have anything
to do with Thomson.
AWF, openly have
a “partnership” with Thomson that’s frequently mentioned by Thomson, and
sometimes also by AWF themselves.
Current silence
Thomson
Safaris are getting away with almost everything, but at least they were
featured in a recent report by the Oakland Institute. To
the report writer Judi Thomson again complained that nobody has written their
story, or come to visit them when Tanzanian press and some travel sites will
publish their press releases without question, Green Living Project made a
vomitive PR movie for their land grab, Tanzanian authorities will stop
journalists interested in the story or, like in the Vice case, physically force
then to only listen Thomson’s side, tourists (me) that ask questions will have
their passports confiscated and be deported, and bloggers (me later) will be
illegally arrested and deported. And what’s worse, Thomson’s local critics
(like those criticising OBC) are threatened and defamed by local authorities,
their citizenship is questioned, and they are illegally arrested and
maliciously prosecuted. Proudly, Judi Wineland brings up Thomson’s relationship
with the DC - Rashid Mfaume Taka, who first seemed like another kind of DC, but
then ordered an illegal operation, full of human rights abuse, in 2017 – the District
Executive Director, and “the councillor” (William Alais of Oloipiri) that keep committing
these crimes that have led to an intense climate of fear in Loliondo,
recommends talking to them, and think that if the DC doesn’t know, it means
that researchers haven’t made any work in the area, when at this stage
involving the DC means that any kind of research will be made impossible.
As far as I know, the case is still in the court of appeal,
and Thomson continue with ruthless hypocrisy presenting their land grab as
philanthropy, rabidly defend their “landownership”, working closely with William
Alais, and now also having entered Mondorosi, while bringing many tourists and
student on “study abroad” programs to their “Enashiva Nature Refuge”. Judging
from the stories by such students, Daniel Yamat says that there was barley
cultivated on the land before Thomson came in 2006, the Maasai also used it for
grazing and collecting firewood, and poaching occurred, that once designated as
conservation land, grazing was significantly limited and community-based
conservation initiatives were begun, and that Maasai herders are now permitted
to water livestock at Enashiva and to graze herds sparingly during the dry
season, while the students can observe “illegal” grazing.
As
far as I know, and I’m now almost completely cut off from information,
Thomson’s guards still, as decided after Olunjai Timan was shot, ignore the
herders that enter their cattle onto the land, which is the only silver lining
in this long and sad story, but the land must be returned to the Maasai for
proper land use planning, and security for their coming generations, while the
repression against those working for this is worse than ever.
There
have now been too many years waiting for justice.
October 2022
Updates:
On 19th-20th July 2018 - but it
wasn’t reported to me until much later, by people from Sukenya that I had previously
not been in contact with - soldiers from the military camp at Lopolun came to
the home of a man in Embaash sub-village Sukenya and tortured him badly. He was
handed the required PF3 form (needed by victims of crimes so that they can get
hospital treatment) by the police. The police then phoned Thomson local
manager, Daniel Yamat. Shortly afterwards, on 20th July, the
soldiers detained and tortured three more men – from Embaash and Sukenya Juu
sub-villages. Some needed lengthy hospital treatment. The tortured men had in common was that Thomson accused them
of inciting others to graze on the land occupied by the safari company.
At this
time, I was also informed that Thomson had been back to harassing herders and
cattle since at least 2016. Though apparently things have been "calm" after the attack by soldiers.
In 2020, total silence and fear continued. I got some
reports from people that almost never are online, and whose Swahili can be hard
to decipher, that Thomson Safaris were still harassing herders even though the
pandemic stopped them for bringing tourists. Thomson’s local manager, Daniel Yamat, would
have made some leaders sign a letter that Sukenya wanted to get out of the
court appeal (for agreeing with the tour operator), but local youths wrote
their own letter rebutting Yamat’s letter.
In 2021, the new DED, Jumaa Mhina started working hard
to kill the court cases concerning the 1,500 km2 in the East African Court of
Justice and the case against Thomson Safaris in the court of appeal by “convincing”
the village chairmen to withdraw the cases. He almost succeeded with the
heavily compromised chairmen of the villages that have sued Thomson Safaris who
declared that they would sign the DED’s letter of withdrawal, but then they
changed their mind, and such a letter never reached the court.
On 27th July 2022, Thoson Safaris, working with DED Mhina - and apparently inspired by the brutal and illegal demarcation of the 1,500km2 lobbied for by OBC - started planting their own beacons.
October 2022
With the general cruelty and lawlessness, Thomson
Safaris (as I wrote about in the blog post from 31st August) are joining the
crimes. They have planted beacons demarcating their fraudulently and violently
claimed "nature refuge" and are now invading people’s farms and
lokeri with road construction. In Sukenya ole Musa is being invaded by this
ugly land grabber, and in Mondorosi, ole Nanyoi (Irmasiling) and ole Orgeso
(Enadooshoke) are under attack.
On 23rd October 2022 there was another exhibition of charity as a weapon of war when the criminal DC Raymond Mwangwala praised Thomson Safaris and their propaganda branch Focus on Tanzanian Communities, for which former guests fundraise, for funding extensions to Sukenya dispensary with 331 million TShs. Co-owner (together with Rick Thomson) Judi Wineland and representatives of FOTZC were present.
On Saturday 3rd December 2022, Thomson Safaris staff were
chasing away cows with the excuse that they were having tourists in camp. One
cow belonging to mzee Olorgeso was killed when hit by a vehicle and they were
beating children.
20th
November 2023 (I was informed later, see below)
141
villagers from Mondorosi, Sukenya and Soitsambu issued a 90-day notice of
intention to sue the Commissioner for Land, the Ngorongoro District Council,
and the Attorney General. Their demands in this notice are serious and to
the point: the president to immediately revoke the
land title, TCL (Thomson Safaris) to stop its businesses and immediately vacate
the land, and damages of 200 billion TShs paid for economic and social losses.
16th
April 2024
The Oakland
Institute published a new report about Thomson Safaris, by anonymous
researchers, which was thin on news from the ground, but with the important news
that another court case was on the way. For some inexplicable reason there wasn’t
a single link to this blog. This court case seems to have been delayed.
30th April 2024
It was announced that Wineland-Thomson, Inc had been acquired by Lindblad Expeditions Holdings, Inc.
May 2024
The new court case keep being delayed by an unresponsive NGO. https://termitemoundview.blogspot.com/2024/05/thomson-safaris-acquired-by-lindblad.html
July-November 2024
Misc. Land Application No. 14157 of 2024 was in court on 23rd July, the state attorney was given 14 days to respond to the application and on 15th August the court ruled on this miscellaneous application granting a representative suit. The plaint was to be filed within 30 days. Land Case No. of 2024 - 144 villagers versus Tanzania Conservation Ltd (Thomson Safaris), Tanzania Breweries Ltd, the Commissioner for Land, Ngorongoro District Council, and the Attorney General - was called on 7th November 2024 and on 3rd December is the hearing on preliminary objections raised by the Attorney General.
Susanna Nordlund
2 comments:
Thanks Susanna, knowing you must have spent lots of time and emotional energy on this report, I personally thank you and want you to know that I continue supporting your efforts in bringing legal and spiritual justice to the Maasai. Hopefully your website and this this blog on "A Decade since Tent Keegan was Murdered and Thomson Safaris continue Occupying Maasai Land" will move someone and/or human-rights organization with influence, ethics - into action.There have been too many years of land-grabbing, foregien and domestic self-interested, corruption and injustice. Trent Keegan deserves to rest peacefully and the noble Maasai must have their land and moral support to survive. . .
Have treasured Thomson safaris and guides. Very confusing as have learned much about Masai from storytellers, dancers, homes. What is total unbiased truth?
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