Serengeti: NGO will not withdraw case against Tanzania

By Peter Orengo

A Kenyan Non-Governmental Organization that sued the Tanzania government for proposing to construct a road across the Serengeti National Park says the case will proceed despite some concessions made by the Tanzanians.

The Africa Network for Animal Welfare (ANAW) has cautiously welcomed Tanzania’s emergent position on Serengeti highway project but warned that the country was just buying time before it finally constructs the road in future.

This new development came as the Kenyan government through the Tourism Minister Najib Balala welcomed news by Tanzanian Government not to construct a commercial road across the Serengeti.

“We need to continuously underscore the various environmental and social-economic Serengeti Ecosystem related factors raised and explore all available alternatives to ensure that the commercial route through the Serengeti is not revived in the future,” says ANAW Executive Director Josphat Ngonyo. “The timing of the letter by the Government of Tanzania to the World Heritage Center (WHC) is particularly of keen interest to us.” 

Balala said, “As a country we congratulate President Kikwete for taking that bold move. The earlier proposal would have definitely affected Kenyans tourism sector especially the annual wildebeest migration.”

He added that the Kenyan government favored a more southerly route to totally avoid the Serengeti game park.

ANAW moved to the East African Court of Justice on 10th December 2010 challenging the Tanzania Government plan to construct a road through the northwestern Serengeti wilderness.

The EACJ set 21st June 2011 as the court date but the Tanzania Government requested it be moved to 29th June 2011. On 22nd June, Tanzania’s Minister for Natural Resources and Tourism wrote to WHC stating the new government position on the Serengeti road project.

“We are hesitant to consider the letter to WHC as binding enough to guarantee the protection of the Serengeti ecosystem. If the Tanzania government now agrees with us about the environmentally hazardous concerns and other issues we have raised in our case, it should concede in court and let it go on record,” says Saitabao Ole Kanchory, lawyer acting for ANAW.

ANMAW said it did not entirely share the view that the battle to protect the Serengeti ecosystem has been won and we shall pursue the legal challenge with a view to having the EACJ make some declarations in line with issues as raised in the case including making a finding on negative environmental impacts of constructing a road through the northwestern part of the Serengeti National Park.

The 2005 developed 10-year Serengeti management plan clearly indicates that the area in the northwestern part of the Park is particularly sensitive. The area of the proposed highway cuts through areas designated as "Low Use" and "Wilderness" zones needing only a lower number and density of visitors" and "more limited road network and lower bed capacity." 

The Tanzanian government has been refused funds for the Serengeti highway by every major donor, government, and lending institution in the world.

Areas to the west of the Serengeti are already heavily populated. The northwestern section of the Park is a critical area for wildebeest, which use it as a refuge for much of the year. A highway will add even more human population and development.

Areas to the east of the Serengeti will be radically transformed as people migrate there and change land use from cattle grazing to farming. These areas are crucial dispersal zones for the migrating herds.

Scientists and Development partners such as the World Bank have indicated willingness for technical and financial support to pursue a safer alternative route to the south that can bypass the Serengeti altogether and provide more economic benefit for the people of Tanzania, that would connect with paved highways to western, central, and eastern regions of the country, serving several times the number of people.