https://doi.org/10.37815/rte.v34n1.909

Original paper - English

Global warming impacts
displacing the Maasai community in East Africa: challenges and responses

Impactos
del calentamiento global que desplazan a la comunidad Maasai
en África oriental: desafíos y respuestas

Hiral Ramesh Hirani1 https://orcid.org/0000-0001-5641-3101

1Geneva School of Diplomacy (GSD) / Global Migration Policy Associates
(GMPA), Geneva, Switzerland

[email-masked]

Sent:               2022/01/14

Accepted:       2022/03/07

Published:      2022/03/15

Abstract

Global warming is increasingly leading to displacement of people. The
Maasai community in East Africa are a pastoralist community that severely face
the impact of climate change which is leading to their displacement. This
article examines the context of global warming in East Africa, examines the
direct factors for displacement of the Maasai community and assesses the
various factors that affect migration patterns of the Maasai. Issues such as
exacerbated gender disparities due to climate change are outlined with an analysis
of the link between both. Kenya is home to a large number of
the Maasai. Thus, the article also assesses the measures implemented in Kenya
to tackle global warming effects on the displacement of the Maasai. The article
aims to identify what is missing in the international and regional law and
norms applicable to pastoralists affected by climate change with a section
providing recommendations for the East African Community.

Keywords: environment, global warming, climate change, pastoralists, Maasai, indigenous
people, displacement, gender, migration, East Africa, IGAD.

Resumen

Summary: Introduction,
Methodology, Factors, Data Analysis, and Outcomes Discussion and
Conclusions.

How
to cite: Ramesh, H. (2022). Global warming impacts
displacing the Maasai community in East Africa: challenges and responses. Revista Tecnológica - Espol, 34(1), 154-169. http://www.rte.espol.edu.ec/index.php/tecnologica/article/view/909

El calentamiento global está provocando cada vez más
desplazamientos de personas. La comunidad Maasai de África Oriental es una
comunidad de pastores que se enfrenta a los efectos del cambio climático, lo
que está provocando su desplazamiento. Este artículo analiza el contexto del
calentamiento global en África Oriental, examina los factores directos del
desplazamiento de la comunidad Maasai y evalúa los diversos factores que
afectan a los patrones de migración de los Maasai. Se esbozan cuestiones como
la exacerbación de las disparidades de género debido al cambio climático, con
un análisis de la relación entre ambos. En Kenia vive un gran número de Maasai.
Por ello, el artículo también evalúa las medidas aplicadas en Kenia para hacer
frente a los efectos del calentamiento global en el desplazamiento de los
Maasai. El artículo pretende identificar lo que falta en el derecho y las
normas internacionales y regionales aplicables a los pastores afectados por el
cambio climático, con una sección que ofrece recomendaciones para la Comunidad
de África Oriental.

Palabras
clave: medio ambiente, calentamiento global, cambio
climático, pastores, Maasai, pueblos indígenas,
desplazamiento, género, migración, África Oriental, IGAD.

Introduction

The term "environmental migrants"
refers to “persons or groups of persons who, predominantly for reasons of
sudden or progressive changes in the environment that adversely affect their
lives or living conditions, are obliged to leave their habitual homes, or
choose to do so, either temporarily or permanently, and who move within their
country or abroad.” (IOM, 2007). According to Hafez Ghanem, World Bank Vice
President, East Africa and Southern Region, “More than
38.5 million people could be internally displaced as a result of climate change
in the Lake Victoria Basin by 2050 if widespread and urgent action is not taken
(Rigaud et al., 2021). The Lake Victoria Basin includes five countries: Kenya,
Tanzania, Uganda, Burundi, and Rwanda” (Rigaud et al., 2021). These countries,
including South Sudan, comprise the East African Community (EAC). Livestock is
frequently regarded as a contributing factor to the climate change problem.

Livestock emissions, particularly from
cattle, are responsible for a substantial fraction of the greenhouse gas
emissions that contribute to global warming around the planet (Ericksen &
Cramer, 2021), 14.5 percent of all anthropogenic GHG (greenhouse gas) emissions
according to recent data (FAO, 2021). However, Sub-Saharan Africa is
responsible for only a tiny proportion of those emissions. Africa's overall
contribution to greenhouse gas emissions is low. According to (Ordu, Oteh, & Lioko, 2021), in terms of global climate change, Africa
carries the smallest share of blame while also suffering the most severe repercussions.
Apart from South Africa, forty-eight sub-Saharan African countries are
responsible for only 0.55 percent of global CO2 emissions over the course of
history. Nonetheless, seven of the ten most susceptible countries to climate
change are located in Africa. The equatorial region of
Africa is particularly hard hit by the effects of climate change (Davis et al.,
2021).

Disasters and climate change-related
effects frequently result in the displacement of people and endanger people’s
security and well-being. Globally, the extent of displacement is rising, with
most of it occurring within countries’ borders. While governments and
communities must lead responses, the global ramifications of displacement
necessitate a global response and international collaboration. The majority of internally displaced individuals live in
low- and middle-income countries, which are impacted by global inequalities, an
increase in extreme weather events, and unsustainable development practices.

The Maasai are one of the few remaining
indigenous tribal communities in East Africa. They are semi-nomadic people who
live primarily in the Great Rift Valley, stretching between Kenya and Tanzania
(MCV, 2019). When it comes to semi-nomadic societies, pastoralism is an
integral aspect of their culture. As a result, the people travel constantly
across borders in search of pasture for their livestock. Global warming impacts
pasture availability and constrains the Maasai as they have
to look for other land and other sources of income. The climate change
phenomenon has led to their increased displacement away from traditional
pastoral lands, routes and regions within the EAC,
depriving them of livelihood and devastating their cultural integrity, thus
making it imperative to address the underlying causes of displacement.

The article examines how global warming
impacts contribute to the displacement of the Maasai community in East Africa.
In addition, challenges faced by the Maasai such as: climate change-induced
declines in productivity, constrained pastoralists movement, insecurity caused
by climate change, exacerbated gender disparities, and tourism changing
livelihoods of the Maasai are addressed. These major challenges faced by the
Maasai go unnoticed globally due to the limited research on the topic thereby
highlighting the necessity to address the challenges faced by the group.
Measures implemented in Kenya are included to assess the country’s efforts in
tackling global warming effects on the displacement of the Maasai community.
International and Regional Laws and Norms addressing displacement caused by
global warming exist. However, they require further development to address what
is missing which the article outlines.

Efforts to address internal displacement in
a changing climate is a developmental endeavor that will require stronger
political will, enhanced strategic investment, and improved coordination among
stakeholders involved in disaster risk reduction, peacebuilding, sustainable
development, and climate action. It is undoubtedly a problem that should be
addressed in any national disaster risk reduction plan, particularly in
countries where disaster displacement is a regular aspect of crisis occurrences
which is critical for lowering the number of climate change affected individuals.
According to the Internal Displacement Monitoring Centre (IDMC) report (2021),
significant climate disasters have nearly doubled in the previous two decades,
as greenhouse gas emissions continue to rise. Combined with lax risk governance
and environmental destruction, continuing inequality and marginalization create
new risks and exacerbate the global consequences of local crises.

Assessment of the global warming impacts on
the Maasai people in East Africa uncovers other challenges the community faces,
such as affected livelihoods, questioned survival of the Maasai culture and
community, and specific gendered consequences for Maasai women and girls. The
global warming challenge also sheds light on the level of discrimination and
institutional neglect towards nomadic and sedentary communities. In addition,
it highlights a need for implementing measures to mitigate consequences,
prevent contributing factors such as discrimination, and support adaptation by
the Maasai to support and preserve their community, culture
and livelihoods. The data on global warming effects on the Maasai and
how it contributes to displacement is scarce which is a major limitation in the
research on the topic.

Background on
Global Warming and Change in East Africa’s Weather Patterns

For a long time, the Maasai have been
displaced due to climate change. Maasai people were particularly vulnerable to
severe drought in the 1960s and 1980s in Kenya caused as a
result of natural climate variability in the East African region. Consequently,
they were compelled to overwork the land that they possessed, which resulted in
a reduction in vegetation as well as soil erosion. As a result, the Maasai were
unable to effectively sustain their herds of livestock. Some chose to travel to
Tanzania in pursuit of arable farmland, while others were compelled to sell
their land (Davis et al., 2021). East Africa suffers seasonal fluctuations in
precipitation and temperature that are of different intensity and length. These
climate change episodes manifest themselves in a variety of ways and all these
aspects are encountered by the Maasai people. Drought patterns have become more
frequent and more prolonged in the region, forcing the Maasai to relocate more
regularly and frequently to new locations, often for protracted periods.

Although the Maasai have lived and grown in
the East African region for generations, changing weather patterns are
endangering their way of life. Warm and cold weather patterns have grown more
variable, and rainfall has decreased in recent decades.  Throughout East Africa, droughts have
occurred on an almost routine basis. This natural disaster has caused
significant damage to the region's agricultural production. Kenya's average
annual temperature rose by 0.34 degrees Celsius every decade on average between
1985 and 2015 and the rainfall patterns in Kenya have been increasingly erratic
and varied during the last 50 years (Davis et al., 2021). Droughts in Kenya are
occurring fairly frequently today, as opposed to the prior 20-year period with
glacial volumes having decreased by 66 percent over the previous century on the
other hand.  Mount Kenya is one such site that is witnessing substantial
glacier melting, which is having an impact on the Maasai people that reside in
and around the region (Davis et al., 2021). Increased droughts and unstable
weather lead to lower agricultural output affecting the livelihood of the
Maasai.

According to scientists, droughts are
attributed to a combination of factors, including the vast clearing of forests
and the emission of carbon dioxide into the atmosphere (Selby & Kagawa,
2013). Women, in particular, are confronted with the
problem of fetching water for the household's consumption, which is in short
supply. Occasionally, they are compelled to walk for nearly 10 kilometres to find fresh drinking water, and sometimes
droughts deepen, and springs dry up, leaving some stranded (Selby & Kagawa,
2013). The lack of rain has had significant consequences for the region, with
both humans and animals suffering as a result of the
drought (Selby & Kagawa, 2013). The Maasai people must coexist with diverse
species on these lands. And when water is scarce, there can be a spark of
conflict.

Methodology

The goal of this
study was to investigate and address the ways in which global warming is
displacing the Maasai community in East Africa, as well as to assess the
challenges and responses. Due to the fact that there has been little research
done on the subject, qualitative methods of research and analyses are more appropriate
for this topic, since they provide high specificity of interpretations than a
quantitative methodology (Creswell & Creswell,
2017). The data on greenhouse gas emissions and the number of
the Maasai population in the research is derived from existing literature. The
data limitation highlights a need for more research on the climate change
impacts on the Maasai which ought to be addressed urgently and effectively. In
addition, further research and development on the topic would be helpful for contemporary law and policy to better
address the situation of the Maasai which will also be relevant also to other
pastoralist and indigenous populations. To have an accurate “on ground”
assessment of the global warming impacts on the Maasai, literature from Kenyan
sources is used. For information on laws, treaties and protocols, literature
from the IOM, ICPALD, FAO, IDMC, Minority Rights Group International among
several others are used in the article. The literature provides information
that can be further developed to cater for the specific context i.e., how to
better address the impacts of global warming on the Maasai.

Factors, Data
Analysis, and Outcomes Discussion

Located
in southern Kenya and northern Tanzania along the Great Rift Valley, the Maasai
people of East Africa live in semi-arid regions. Approximately 160,000 square kilometres of territory is occupied by the Maasai (Maasai
Association, n.d.). The land occupation dynamics and statistics change over
time due to various factors such as population growth rate, age, and gender
distribution.

Although
reliable data are difficult to come by because ethnic groups are not included
in the population census, population estimates place the Maasai in Tanzania at
430,000 people, according to government estimates (Porokowa,
2021). The Maasai people of Kenya number roughly 900,000 people now, according
to recent estimates (MasaiMara, 2021). However, it is
crucial to highlight that the reason why there are no precise estimates for the
population of the Maasai group is because many Maasai regard the national
census as an intrusion by the government and hence miscount their numbers when
they are approached by census officials (Maasai Association, n.d.). There are
some individuals who want to be counted multiple times, while there are others
who do not want to be numbered at all. Furthermore, as underscored by the
Maasai Association, because Tanzania does not perform ethnic-based censuses, it
is difficult to estimate the number of Maasai who live in Tanzania.

Maasai
displacement occurs predominantly in Kenya and Tanzania as these are the
countries where cross-border migration of the community occurs. The Maasai, as
nomadic pastoralists have practiced transhumance for thousands of years, a
seasonal migration within their own local areas that is prompted by the need to
find new grasslands and water, as well as the need to avert areas where
livestock diseases are prevalent (Munishi, 2013).
Although nomadic pastoralists have been migrating to urban areas in large
numbers since the 1990s, this is primarily due to poverty upsurge caused by the
decline of the cattle economy, which has been exacerbated by unpredictable
climatic variability that has resulted in droughts and flooding (Munishi, 2013). Rural-Urban migration caused by climate
change is common among the Maasai in both Kenya and Tanzania.

According
to (Selby & Kagawa, 2013), the Maasai, who are traditional cattle herders,
have found themselves forced to leave their communities for months at a time in
search of pastures and water for their animals. This typically results in
vulnerable women, children, and the elderly left behind to care for themselves
in the villages, which is dangerous. Maasai herders have now become a familiar
sight on the outskirts of Nairobi, Kenya's capital, as they look for pastures
for their animals (Selby & Kagawa, 2013). Droughts on a regular basis,
along with dwindling land sizes, have rendered pastoralism in Narok and Kajiado
Counties, areas highly concentrated by the Maasai population, an unsustainable
venture, leading in an extraordinary increase in the number of Moran hawkers in
the urban parts of the city (Mwale & Kishoyian,
2019). Others are abandoning their pastoral way of life entirely and relocating
to urban areas searching for jobs. This threatens the survival of their culture
and community as there is a rural to urban migration pattern. Similarly, in
Tanzania, the Maasai nomadic pastoralists are migrating to urban areas because
of poverty brought on by the decline of the livestock business, which is a
result of a combination of environmental, financial
and political circumstances.

Direct factors contributing to the Maasai’s
displacement

Climate
change-induced declines in productivity

Regarding
the Maasai in southern Kenya, after relying primarily on cattle production
for survival for hundreds of years, the Maasai have begun to experience climate
change-induced declines in productivity (Saitabau,
2014). As a result, economic mechanisms that secure pastoralists' survival
through adversity have become more compromised. Continued reliance on the same
will only serve to deepen poverty, marginalisation,
and dependence on aid in the coming years. In this particular case, climate
change has had a significant impact on the community in a number of ways,
including (i) severe drought which has killed
large numbers of their livestock; (ii) malnutrition due to a lack of balanced
diets; (iii) outbreaks of diseases that are attributed to adverse weather
conditions; (iv) landslides and communication breakdowns that have slowed
development in the area and; (v) climate change distortion of the traditional
ceremonial cycles that are held on specific days of the week (Saitabau, 2014). In such difficult circumstances, livestock
may not be able to resist extended droughts, and pastoralists may lose a large number of cattle. In most cases, pastoralists will
lose livestock. Reduced-stock animals (sheep and goats) are better resistant to
harsher and drier climates (Saitabau, 2014).
Consequently, to lessen the likelihood of losing their livestock, the Maasai
tend to reduce the stock of cattle and increase the number of sheep and goats
in their herd.

Constrained
pastoralists movement

Mobility
inside and beyond national borders and across international borders is critical
to the viability of mobile pastoralism, which is especially true in the face of
climate change. However, a growing body of research indicates that
pastoralists' movement is being constrained for various reasons, increasing
their incapacity to reduce risks and react with climatic and other shocks.
Administration boundaries are being defined without considering the demands of
pastoralists who move about, resulting in inter-communal conflicts, instability,
and conflict (Security in Mobility, 2020). Due to the expansion of alternative
livelihood systems into pastoralists' territory, pastoralists are progressively
driven to the periphery.

Insecurity
caused by climate change

Insecurity
caused by climate change-induced is having devastating humanitarian effects for
the pastoralists that are impacted across the region. Pastoralists are now the
most frequent receivers of humanitarian assistance in the Horn of Africa and
East Africa, according to the United Nations Development Programme
(Security in Mobility, 2020). Because of a lack of support and investment in
the pastoral production system, pastoralists have been pushed to the periphery
of development, unable to maintain their traditional livelihoods without falling
into poverty. There has neither been any fostering of an alternative
environment from one in which livelihood options are, by design and default,
few. While food aid can save the most vulnerable lives during acute crises, it
has primarily been utilised in isolation and as a
substitute for other urgently required, longer-term development efforts in
developing countries (Security in Mobility, 2020). Increasing insecurity has
posed a danger to pastoralists' social well-being and their ability to survive.
Protecting pastoralists' lives and livelihoods is essential for long-term
development in drought-prone areas. Nomads
are being forced to relocate more frequently and rapidly to new locations,
often for extended periods of time, as a result of the
increasing frequency and duration of drought patterns. This adaptive trend has
coincided with an increase in intercommunal violence, which is troubling. In
contrast to some kinds of migrants, such as refugees and internally displaced
persons (IDPs), pastoralist communities are the only group of people whose
movement has never been publicly acknowledged and/or safeguarded by the
government (Security in Mobility, 2020).

Further factors affecting migration of Maasai

Exacerbated
gender disparities

Global
warming affects food security, water, and other resource limitations, and even
people's health, among other things. Furthermore, it exacerbates gender
disparities by increasing the vulnerability of women and girls to sexual
violence, hazardous behaviours, and other forms of
abuse, among other things (Esho et al. 2021).
Regarding the gendered consequences for Maasai women and girls, a link exists
between climate change, gender inequality, and harmful practices like Female
Genital Mutilation (FGM). A study conducted by (Esho
et al. 2021), underscores that climate change should not be ignored when
assessing the more prominent socio-ecological aspects that may increase the
likelihood of FGM. In addition (Esho et al. 2021),
state that climate change is expected to lead to a rise in temperatures and
less consistent rainfall, which would raise the risk of flooding and droughts
in Kenya.

Women
and girls are particularly vulnerable to slow-onset climatic hazards such as
drought because of their significant reliance on climate-sensitive occupations,
like farming, and their restricted economic independence. Whenever a change in
climate has an adverse effect on the natural resources needed for making a
livelihood from this job, it stops women and girls from making a living and
sustaining themselves or their families, leaving them more exposed to specific
Gender Based Violence (GBV) risks, as well as causing food shortage
circumstances that are more likely to target women significantly (GBV AoR Helpdesk, 2021). In addition, due to their lower
economic status, women are less likely than men to have the financial means
necessary to adapt to climate change, such as the capacity to finance
drought-resistant crops.

Aspects
of women's and girls' lives that are complicated by their responsibilities as
caregivers are exacerbated by slow-onset climatic catastrophes. As an example,
during a drought, women and girls are typically responsible for securing food
and water; this may entail traveling increasingly long distances, which not only
increases security risks, but can also result in girls having to withdraw from
school to cope with the extra workload (GBV AoR
Helpdesk, 2021). Slow-onset climatic catastrophes such as severe drought and
persistent hunger in East Africa, which are directly connected to climate
change, have raised the risk of GBV for women and girls, sexual assault, and
early marriages which are among the most pressing issues that need to be
addressed. The (GBV AoR Helpdesk, 2021) report
underscores that according to the World Health Organization and other research,
the rates of Intimate Partner Violence (IPV) and child marriage are
particularly likely to be aggravated by climatic crises in East African
countries. Drought-induced economic hardship in Kenya has been linked to an
increase in rape and harmful practises such as child
marriage and female genital mutilation (FGM) (GBV AoR
Helpdesk, 2021). Girls facing economic hardship because of the drought have
been reported to engage in transactional sex or to be forced into early
marriages by their families. In a similar vein, drought-induced hunger in
Ethiopia and South Sudan resulted in an increase in the number of girls who
were sold into early marriage in return for cattle to assist their families
survive. If climate change and gender inequality aren't better understood, FGM
and child marriage in Kajiado County, Kenya, may be perpetrated by a lack of
education that makes girls more prone to harmful practices and socioeconomic
disempowerment.

Women
bear the brunt of climate change's influence on gender norms and FGM, which
must be taken into account (Esho
et al. 2021). In light of this, it is more important
than ever to implement strategies that encourage girls to stay in education,
stop early marriages, and abandon FGM. Family adaptation techniques, such
as marrying off daughters at an early age due to decreased income and
decreasing livelihoods, occurs out of desperation given the social and
environmental contexts (Esho et al. 2021).

Tourism
changing livelihoods of the Maasai

The
effects of global warming on the Maasai community are also reflected in the
hospitality sector. The Maasai Mara is a renowned tourist attraction in Kenya,
when millions of wildebeest, zebra, and other herds move northward from
Tanzania's Serengeti National Park into the country. The Maasai population also
migrates across borders to work in the tourist business, a growing sector. This
makes life simpler for them since they can provide for their family and
livestock while also earning a living without having to leave their land.
Climate change has had a significant influence on this business, adversely
affecting their livelihoods and forcing them to migrate in search of other
employment opportunities. Climate changes also impact the community, whereby there
is an increased loss of arable land. In addition, rapid tourism expansion in
the area leads to further scarcity of land for the community.

Maasai
pastoralists living near national parks are one of the tribes being encouraged
and supported to pursue conservation as a commercial tourism venture (Ondicho, 2016). The reasons for this are threefold
according to (Ondicho, 2016).: one, the realisation that the survival of more than 70 per cent of
the wild animals that live seasonally or permanently outside protected areas is
dependent on the goodwill of landowners, and thus there is a need to involve
them in tourism as a means of encouraging sustainable natural resource
conservation outside protected areas; two, reducing human-wildlife conflicts by
providing local communities with diverse economic alternatives that will
benefit wildlife conservation; and three, encouraging sustainable land
conservation outside protected areas (Ondicho, 2016).

With
much more attention being paid to Maasai culture, one could claim that a new
sort of tourism has emerged which (Ondicho, 2016)
refers to “Maasai tourism”. Today, the people are in the vanguard of so-called
Maasai cultural tourist development. Maasai cultural tourism entails encounters
that include the Maasai people as objects of the "tourist gaze" and
specific components of their cultural heritage as tourist attractions (Ondicho, 2016). Ritual music and dance, beading and
handicrafts, traditional events such as weddings and circumcision, and cultural
bomas are essential parts of Maasai tourism. Travel services
are encouraging foreign and domestic visitors to visit cultural bomas and
learn about the Maasai people's exotic traditions.

Despite
the utilisation of Maasai culture as a distinctive
tourist attraction and instrument for developing and marketing Kenyan tourism,
the Maasai people have not profited from tourism in any meaningful way (Ondicho, 2016). In his conclusions, deduced that
traditionally, they have also been excluded from active tourist development and
business involvement. However, confronted with the problem of an ever-dwindling
land base that must feed a growing population, falling livestock productivity,
intense government pressure to modify their way of life, and constraints faced
due to displacement, the Maasai are progressively assimilating into the
national economy.

Measures Implemented in Kenya to Tackle Global
Warming Effects on the Displacement of the Maasai Community

Kenya
has implemented specific measures to tackle global warming effects on the
displacement of the Maasai community. Regarding prevention of drought and
promotion of sustainable development, the Kenyan government has implemented
various policies. As a follow-up to the National Climate Change Response
Strategy (NCCRS) published in 2010, which detailed proof of climate impacts on
different economic sectors and proposed various adaptation responses, the
National Climate Change Action Plan (NCCAP) published in 2013 aimed to put the
2010 NCCRS into action and set out a series of measures to facilitate
low-carbon, climate-resilient development (Minority Rights Group International,
2019). The NCCAP measures support the Maasai community in tackling the effects
of climate change. For example, under the adaptation strategies, the national Government
under the Ministry of Tourism, County Government of Narok, non-governmental organisations (NGOs) (such as WWF and Save the Elephant),
Kenya Wildlife Service (KWS), tour operators, and the local population are all
active in adaptation efforts in the Maasai Mara. These adaptation techniques
take the Maasai community into consideration when devising policies as they are
an important component of the Maasai Mara.

Adaptation
goals are established in the National Adaptation Plan (NAP) 2015– 2030, which builds
on this, while the Climate Change Act 2016 offers a regulatory framework for
integrating climate change considerations into development planning, budgeting,
and adoption across all levels of government (Minority Rights Group
International, 2019). The National Drought Management Authority Act (2016), on
the other hand, is responsible for providing comprehensive coordination over
all aspects connected to drought management (Minority Rights Group
International, 2019). However, delays and political roadblocks have slowed the
implementation of these policies, highlighting that more efforts are required
to tackle the challenge at hand, which is evolving rapidly.

As
laid out in Kenya’s National Climate Change Action Plan (2018-2022),
pastoralists, hunter-gatherers, and fishing communities are crucial to any
strategy. In conjunction with Article 260, Article 56 of the Kenyan
Constitution recognises these groups as marginalised populations for whom efforts must be made to
ensure that they participate and are represented in government and other
sectors of life, among other things (Government of Kenya, 2018). Due to climate
change, the livelihoods of these communities are threatened, and adaptation
measures require the participation of these groups in their implementation and
monitoring (Government of Kenya, 2018). Several institutions in Kenya are now
working on climate change concerns. Still, the activities of these organisations toward tackling climate change have so far
not been coordinated, resulting in, among other things, duplication of effort.

International and Regional Law and Norms
applicable -and What’s Missing

As
exemplified by refugee and human rights legislation, international protection
frameworks serve as key reference points when it comes to determining needs and
responding to them (McAdam, 2011). International human rights instruments,
namely the International Covenant on Economic, Social and Cultural Rights
(ICESCR), Committee on the Elimination of Racial Discrimination (CERD),
Committee on the Elimination of Discrimination against Women (CEDAW),
International Convention the on Protection of the Rights of All Migrant Workers
and Members of Their Families (ICRMW) and the Committee on the Rights of the
Child (CRC) have a particular applicability to ethnic minorities, women and
children. The above instruments excluding the ICRMW have been ratified by both
Kenya and Tanzania and nearly all are ratified by EAC states (ILO, 2022). The
ICRMW has been ratified by the EAC member states Rwanda and Uganda (United
Nations, 2022).

Of
particular importance is ILO C169- Indigenous and Tribal Peoples Convention,
1989 which is the only global binding instrument addressing the protection of
rights of indigenous peoples which is highly relevant for the Maasai community.
The ILO C169 has been widely ratified in Latin America but not Africa besides
the Central African Republic which ratified the instrument in 2010 (ILO, 2022).
The provisions laid out in the ILO C169 prove to be important for African
countries, particularly the EAC countries where the Maasai reside, highlighting
the need for adoption of the instrument.

The
1951 Refugee Convention and 1967 Protocols are widely cited but are not
relevant unless political persecution and violence directed to the Maasai community
have resulted in Maasai persons fleeing to other countries to claim protection
as refugees from forced repatriation (refoulement).

Regional
Economic Communities (RECs) play an essential role as they are
intergovernmental economic integration processes and mechanisms among the
member countries that can address evolving situations or new situations that
need regulation with legal agreements such as by establishing new protocols to
their community treaties. For instance, the Economic Community of West African
States (ECOWAS) has sequential protocols dealing with aspects of and extension
of free movement.

Chapter
17 of the EAC Treaty refers to the free movement of persons, labour, services, right of establishment and residence
(EAC, 2007). The chapter includes clauses aimed at easing border crossing,
maintaining common employment policies, making training facilities available
among several other clauses that could be further developed to include the
Maasai community in specific since they constantly cross the borders.

Given
the absence of treatment of the specific situation of transhumance in the EAC
Treaty and the Protocol on the Establishment of the East African Community
Common Market, the negotiation of a Protocol or similar agreement would be
critical to explicitly protect transhumance free movement for the Maasai who
often cross the Kenyan and Tanzanian borders, as well as other nomadic and
sedentary populations whose traditional lands cross borders in EAC, such as the
Digo, Karamajong, Kuria,
and Luhya peoples. The Digo Kuria, and Luhya are part
of the main ethno-linguistic minorities in Kenya (Makoloo
& Ghai, 2005). The Karamajong
are a pastoralist community found in north-east Uganda. They are one of
Uganda's most prominent marginalized minorities and are geographically,
economically, and politically isolated (MRG, 2018). Recent years have seen an
increase in the level of suffering experienced by the Karamajong.
They, like other East African livestock herders, have been directly impacted by
climate change. Increased competition for scarce resources as
a result of more frequent drought cycles has resulted in an increase in
cattle rustling, which has been followed by an increase in violent outbursts in
response (MRG, 2018). Devastating floods have also wrecked the region,
rendering it vulnerable to illnesses in addition to destruction and
loss of land (MRG, 2018).  It is
essential that a normative instrument such as a protocol take these communities
into consideration to ensure their movements remain unhindered. Given that the
issue is one wider than the Maasai and concerns other nomadic and sedentary
populations in the EAC an EAC approach would be more feasible rather than
multiple bilateral arrangements for each different peoples and borders within the
same regional community.

In
addition, as outlined by McAdam (2011), international protection frameworks
provide a pre-existing set of norms and principles to guide and influence
policymaking, as well as identifiable rights- and duty-bearers in the process.
Furthermore, despite the fact that "the scope for
activating human rights legislation is probably limited" in the context of
climate change, its normative framework may guide policymaking, show
difficulties that could otherwise be overlooked by a solely environmental or
economic approach, and assist in the formulation of claims concerning access,
adaptation, and balance (McAdam, 2011).

In
many cases, mitigation and ex-ante adaptation efforts are inadequate to protect
humans from the adverse effects of global warming. Protection and aid for
people who have been adversely impacted by the consequences of climate change,
including those who have been forced to leave their homes, must thus be
included in adaptation efforts on a broader scale (Kälin
& Schrepfer, 2012). When it comes to protecting
the rights of people who have been impacted, countries, as primary duty
bearers, are required to do so by international human rights law. In the
context of climate change, cross-border displacement and migration movements
are already taking place and are expected to rise in the future, albeit at an
undetermined magnitude at this moment (Kälin & Schrepfer, 2012).

Climate
change and disaster-related mobility is expected to grow more diversified and
new patterns will develop; therefore, the issue arises as to whether or how
current international law and protection institutions are now addressing, or
may be utilised to address, these new movement
patterns. The fact that persons migrating across borders in the wake of
climate-related disasters may frequently find themselves in a sort of
uncertainty is a result of the legal loopholes that exist. While the lack of
suitable normative frameworks for such individuals is a contributing factor,
there are also institutional inadequacies in responding to their protection and
aid requirements (Kälin & Schrepfer,
2012). In this scenario, inter-state collaboration between countries of origin
and countries of refuge, is appropriate. In addition, regional and subregional organisations play a critical role since it is projected
that climate change would affect particular regions
more than others and in certain ways, and that its effects will not be limited
to national borders.

The
Intergovernmental Authority on Development (IGAD) is an inter-governmental
mechanism for cooperation covering 20 economic, environmental, security,
humanitarian, development, integration, and other concerns among eight member
countries in the Horn of Africa-East Africa regional that Kenya is a part of (IGAD,
2022). A drawback identified is that IGAD does not include Tanzania which would
mean that the Protocol is not helpful for Maasai transhumance. Special efforts
will be required to transpose the relevant provisions of the Protocol to the
Tanzanian legislation. The IGAD Protocol on Transhumance notes the importance
of pastoralism in ensuring output and productivity and covers cross-border
movement under Article 2 which states that “the purpose of this protocol is to
exploit the full social and economic potential of the pastoral system by
allowing free, safe and orderly cross-border mobility of transhumant livestock
and herders in search of pasture and water as an adaptation mechanism to
climate change and weather variability within the IGAD region” (ICPALD, 2020).

Kenya
and Tanzania, and indeed the East African Community are presented with an
opportunity to devise a framework between both countries to address the
challenges faced by the Maasai due to climate change. By borrowing from the
IGAD Protocol on Transhumance, the East African Community could further
strengthen and implement the clauses outlined into their national frameworks
and further to a joint bilateral agreement. This would ensure the protection of
the Maasai community.

Several
policy recommendations exist on enabling climate adaptation that East Africa
can borrow lessons from. To enable adaptive capacity, (Nassef
et al., 2009) propose key recommendations. Firstly, they discuss that climate
foresight must be incorporated into the planning process for pastoralist
development to be successful. At many stages of planning and execution, more
understanding of how to acquire and apply climate forecasts is necessary. This
will enable the Maasai community to better adapt to climate change patterns and
ensure that pastoralist development projects are successful. Secondly, it is
necessary to develop comprehensive assessments of the socio-economic costs and
benefits of various adaptation techniques that involve pastoralists, and the
costs and benefits should take into account
livelihoods, ecosystems, and the broader economic benefits of the project (Nassef et al., 2009). A third key recommendation proposed
is the necessity to assess the National Adaptation Programmes
of Action (NAPAs) for Tanzania, Ethiopia, Eritrea, and Sudan from the
perspective of how prioritised initiatives would
contribute to the adaptive capability of pastoralists in these countries. The
lessons learned from these exercises should be included into the formulation of
the Kenya National Adaptation Plan as well as the implementation of the Kenyan
Climate Bill in the country (Nassef et al., 2009).

To
better address the challenges faced by the Maasai community in East Africa,
more action research is necessary to create and share information on climate
adaptation by pastoralists. In addition, there is a need to share and
distribute knowledge to important regional and national organisations
that can work together with the Maasai to assist in scaling up successful
efforts addressing pastoral development challenges while increasing regional
collaboration. Communication is key in fostering understanding of the
situation. As (Nassef et al., 2009) point out, it is
vital to ensure that effective public communication programmes
are carried out in East Africa that assist people in understanding and
responding to the climate change problems that are experienced in different
parts of the country and in different districts. Districts need to devise
strategies that address region specific challenges which will ensure that
challenges are addressed effectively and faster on the ground.

Conclusions

The
various challenges faced by the Maasai community with regards to global warming
outline the need for concrete solutions in the East African Community. First,
it is vital to investigate how countries in East Africa might provide pathways
to safety and security for the Maasai community who are forced to relocate due
to climate change impacts. It is essential to implement adaptation and
mitigation measures to reduce and prevent displacement of the Maasai from
traditional land. Adaptation goals are established in the National Adaptation
Plan (NAP) 2015-2030 and the Climate Change Act 2016 provides a regulatory
framework on integrating climate change considerations into development
planning, budgeting, and adoption across all levels of government. The adoption
of these frameworks by East African countries is vital to effectively address
the challenges faced by the Maasai. However, it is important that the actions
be fully implemented. Delays and political roadblocks are a setback to the
implementation of these policies which necessitate the need for increased
efforts in ending delays and clearing roadblocks to tackle the rapidly evolving
challenge at hand.

Second,
adaptation techniques and policies should take the Maasai community into
consideration as their livelihoods are directly affected. Increased
participation of these groups aids in effective implementation and monitoring
of adaptation measures. In addition, important measures such as supporting the
cultural survival and integrity for the Maasai and ways of supporting the
Maasai displaced from land and community ought to be implemented to ensure
protection of rights, maintenance of livelihoods and restoration of cultural
identity.

Third,
it is key to establish an EAC Protocol and other legal mechanisms to protect
Transhumance as there are other concerned peoples in East Africa besides the
Maasai. Developing an EAC instrument dealing with Transhumance is a proposed
solution in tackling the challenges outlined. The IGAD Transhumance Protocol
can be used as a model in this case.
With immediate action, communities might reap the advantages of free
movement for many years to come. The protocol can also be used as a model to
devise a regional framework or a bilateral framework between Tanzania and
Kenya, specifically addressing the Masai community's climate challenges whereby
both countries can tackle the challenges together. This also ensures effective
resource mobilisation, increased community financing,
and fosters better ties between both countries.

Fourth,
there is a need to strengthen existing climate change policies and migration
legislation within East Africa. These legislations and policies must foster
more inclusiveness for the Maasai community and device strategies specifically
catered to address their needs. This is also important in ensuring that the
community is preserved, and their culture does not fade away. In addition, it
is also important for the countries to keep in mind that the climate challenge
needs to be addressed more concretely as it is having a ripple effect on other
sectors and a vast majority of people. In addition, for pastoralist growth to
be effective, climate foresight must be integrated into the planning process.
More understanding of how to get and utilize climate projections is required at
various phases of planning and implementation. This would help the Maasai
community to better adjust to climate change trends and assure the success of
pastoralist development programs.

Fifth,
both governmental and non-governmental actors need to address the issue at hand
concretely. For instance, the involvement of the hospitality industries
together with governmental bodies and non-governmental bodies ensures the
protection of the Maasai community. Also, it ensures that their challenges are
addressed at all levels. This also provides an opportunity for the sharing of
good practices, which can later be embedded in society and ease the lives of
the community. Activities of the relevant organisations
towards tackling climate change have so far not been coordinated which results
in, among other things, duplication of efforts which eventually slows down
progress.

Sixth,
more profound knowledge of the ramifications at international, national, and
regional levels is essential for the early warning to improve preparedness and
help vulnerable communities build the resilience they desperately need. The
recent COP26 summit has also shed light on how countries, mainly African
countries, should focus on more robust regional integration and strengthen
their national climate change policies.

Finally,
improved statistics on the prevalence, location, assistance required, and
resources available to displaced Maasai peoples and other indigenous and
pastoralist peoples in East Africa are required to strengthen attempts to find
long-term solutions to their displacement problems. Improved statistics can
also shed light on how other intersecting characteristics, including age,
disability, gender, and sexual orientation, influence their relocation
experiences (IDMC, 2021). It is necessary for their communities and the
governments of the countries they live in to recognise
the need to accurately track displacements if accurate information is to be
made accessible.

Additionally,
information on the conditions of displacement is required, such as the reasons
for community displacement, where they are displaced from, where they go, and
when it is determined that their displacement has ended (IDMC, 2021). To
address these specific problems and establish solutions, it will be necessary
to collect data and proof of the consequences, as well as the voices and
experiences of the affected populations, among other things.

Acknowledgments

The author would like to express gratitude
to Patrick Taran, President of Global Migration
Policy Associates (GMPA), and Olga Kadysheva, GMPA
Associate, who have continually guided the research and provided valuable
input.

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