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June 14, 2012 


Wildebeest

 

 

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Traveling to the Serengeti?

 Friends of Serengeti

 

 If you are planning a safari,  

go to Friends of Serengeti, a nonprofit organization  

of select travel companies  

that have pledged   

support for the  

Serengeti ecosystem.    

 

 

Click here

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Struggle to Save the
Serengeti Builds

We are facing several critical issues in the struggle to build a sustainable future for the Serengeti ecosystem. Two upcoming events will focus on these:

Later this month, the 2012 World Heritage Committee will meet in St. Petersburg, Russia.

In July-August, there will be a hearing in the East African Court of Justice to determine a trial date for the highway case. 

Here are the issues -

Development for Local Communities

In March 2011, the German government made an important announcement - It acknowledged that there were legitimate development needs for communities around the park. So in order to avert a road across the Serengeti, it offered funding to build local roads and other projects for these communities. Equally important, it offered to help build a southern route around the Serengeti.

During that same time, the World Bank said it was ready to help finance an alternate route, provided that the Tanzanian government made such a request.

In April this year, the German government followed through. It granted 23.5 million euros for communities around the Serengeti. And again, it offered to participate jointly with other donors in the development of a southern route.  Read more

This much is good, but there are problems.

Serengeti / Loliondo

Roadblocks

The big roadblock - the Tanzanian government has never accepted the World Bank offer to fund a southern route. It has never publicly accepted the southern route concept as an alternative to the Serengeti highway. It has never made any statements on the German development funds. And nothing has appeared in the Tanzanian press about funding for local communities.

Recently, the East African Community (the regional association of Kenya, Tanzania, Uganda, Rwanda, and Burundi) proposed and  passed a widely praised Trans-boundary Ecosystem Bill, which would ensure that one country could not unilaterally make decisions affecting the ecosystem of another without a rigorous study and process. The bill required approval by all country presidents, but Tanzania's president is refusing to sign.

All of this raises new fears and old suspicions, especially since the upgrading of roads is already happening around the Serengeti National Park.

Without a southern route, there will be enormous pressures to someday connect the dots and complete the original Serengeti highway plan.

 Finally, there is the question of the existing "road" through the northern Serengeti. Last year, the government told the World Heritage Committee that the current road across the park will "remain gravel." The problem is, there is no gravel road. What exists is a seasonal dirt track. It was even described in a government study in 2010 as "the existing road is earth track which becomes impassable during rainy season..." So the door is still open for upgrading this dirt track to a road.


Report from the field:  Road Construction Underway

By all accounts, road construction to the east of the Serengeti National Park, in the Loliondo area, has been moving ahead faster than expected. It extends to Lake Natron, where it would serve a proposed soda ash mine. How much construction, how far it will go, and for what purpose this is being done - all are questions that have not been answered.

The Loliondo is an important part of the migration route. A tarmac road through it would pose a grave risk to the future of this area, opening it up to land speculation and outside development. Local Maasai communities already face serious threats to their land and most do not have good information on how a highway would impact their land use and way of life.

We know of no environmental or social impact study on road development for the Loliondo.  A Strategic Environmental Assessment combined with a Land Use Plan is vital.


Upcoming World Heritage Committee Meeting

At its upcoming meeting, the World Heritage Committee should not only ask for confirmation that the Serengeti highway has been abandoned but also:

(a) that there are no plans for upgrading the existing dirt track to gravel, or doing any other upgrades.

(b) that there is currently no commercial traffic illegally passing through the Serengeti. (There are reliable reports that this is happening.)

(c) that the Tanzanian government provide independent environmental and social impact studies that justify the need for any tarmac roads through any migration routes. Such studies should be done publicly in consultation will all stakeholders, particularly local communities.

(d) that the government confirm its support of a southern route around the park and work with donors to go forward.


Note: The 36th session of the World Heritage Committee is June 24, 2012 - July 6, 2012. Saint Petersburg, Russian Federation.

Serengeti Legal Case  

 

The legal case against the highway is making its way through the East African Court of Justice. There will be a hearing in July or August to set the trial date.   

  

Legal Case Photo 

Saitabao ole Kanchory (right), attorney for ANAW, arguing before the court. 

  

More about the Case  

   

A legal case was filed in December, 2010, in the East African Court of Justice (EACJ) by the Africa Network for Animal Welfare (ANAW), a Kenyan nonprofit organization. It challenged the Tanzanian government's right to build a highway across the Serengeti National Park.   

 

Earlier this year the EACJ ruled against objections by the Tanzanian government and decided that the legal action against a proposed commercial highway across the Serengeti could proceed to a full trial.

 

This case is significant in its own right, as it could stop future plans to build a commercial corridor (which might include a railway!) through the Serengeti ecosystem.  

 

But the case is also significant for several other reasons: 

  • It was initiated completely by a local East African conservation organization, not a foreign NGO, government, or UN body.
  • It operates within the legal framework of an East African court system designed expressly to deal with such issues.
  • It is a test of the power and jurisdiction of the EACJ to decide on transboundary issues within East Africa, especially those relating to conservation. 

Josphat Ngonyo / ANAWAccording to ANAW's Director, Josphat Ngonyo (right), the highway would be an infringement of the Treaty for the Establishment of the East African Community and would cause "irreparable and irreversible damage to the environment of the Serengeti National Park and the adjoining and inseparable Masai Mara Game Reserve in Kenya."

 

Last year, the government of Tanzania attempted to have the case thrown out. But on March 15 the East Africa Court of Justice Appellate Division dismissed all objections raised by the Tanzanian Attorney General and ruled that the regional Court did indeed have jurisdiction to determine such environmental disputes in the region. 

 

Both sides will now prepare for a full trial. The date is yet to be determined. 

 

The suit seeks to permanently restrain the government of Tanzania from:

 

"constructing, creating, commissioning or maintaining a trunk road or highway across any part of the Serengeti National Park."

 

"degazetting (removing) any part of the Serengeti National Park for the purpose of upgrading, tarmacking, paving, realigning, constructing, creating or commissioning" the highway.

 

removing itself from UNESCO obligations with respect to the Serengeti National Park.

 

Other obligations of the Tanzanian government cited in the case fall under: the United Nations Convention on Biodiversity, the United Nations Declaration on the Human Environment, the Stockholm Declaration, and the African Convention on the Conservation of Nature and Natural Resources.

 

The East Africa Court of Justice is the instrument for settling disputes among members of the East African Community, which are Kenya, Tanzania, Uganda, Rwanda, and Burundi. Under the terms of the EAC Treaty, partner states are required to cooperate in the management of shared natural resources, notify each other of activities that are likely to have significant transboundary environmental impacts, and to follow protocols for Environmental Impact Assessment.

 

 

Serengeti Watch is supporting the legal fight by providing funding and seeking help from other legal and environmental organizations.  

  • Donations to the Serengeti Legal Defense Fund can be made here
  • Get more information on the Serengeti highway here
  • Learn more about the legal case here.
About Serengeti Watch

 

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Serengeti Watch has been staffed entirely by volunteers for well over a year.  

 

To date we have:

  • developed social media with tens of thousands of Facebook followers.
  • launched 2 petitions with more than 50,000 signers from around the world.
  • did an economic impact study showing how a commercial highway will affect tourism.
  • conducted a survey and petition of more than 300 international scientists.
  • worked with media all over the world to publicize the issue.
  • worked with other NGOs in sharing our information and coordinating activities.
  • raised funds for projects, including a Legal Defense Fund and an educational/awareness project in conjunction with the Wildlife Conservation Society Tanzania. 
  •  started and promoted International Serengeti Day, celebrated on March 19, 2011.  
  • developed plans for long term awareness and education work.
  • created an association of travel companies, Friends of Serengeti.