https://doi.org/10.37815/rte.v34n1.909
Original paper - English
Global warming impac=
ts
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/0000-0001-5641-31=
01
1
Sent: = 2022/01/14<= o:p>
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 f= ace 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 a= nalysis of the link between both. Kenya is home to a large numb= er of the Maasai. Thus, the article also assesses the measures implemented in Ken= ya to tackle global warming effects on the displacement of the Maasai. The art= icle 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, i=
ndigenous
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 respons=
es. Revista Tecnológica - Espol, 34(1), 154-169. http://www.rte.espol.e=
du.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 co=
mo
la exacerbación de las disparidades de género debido al cambio climático, c=
on
un análisis de la relación entre ambos. En Kenia vive un gran número de Maa=
sai.
Por ello, el artículo también evalúa las medidas aplicadas en Kenia para ha=
cer
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 Comuni=
dad
de África Oriental.
Introduction
The term "environmental migran= ts" 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 the= ir country or abroad.” (IOM, 2007). According to Hafez Ghanem, World Bank Vice President, East Africa and Southern Region, “Mor= e than 38.5 million people could be internally displaced as a result of climate ch= ange in the Lake Victoria Basin by 2050 if widespread and urgent action is not t= aken (Rigaud et al., 2021). The Lake Victoria Basin includes five countries: Ken= ya, Tanzania, Uganda, Burundi, and Rwanda” (Rigaud et al., 2021). These countri= es, 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 f= rom cattle, are responsible for a substantial fraction of the greenhouse gas emissions that contribute to global warming around the planet (Ericksen &am= p; Cramer, 2021), 14.5 percent of all anthropogenic GHG (greenhouse gas) emiss= ions 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, Afri= ca carries the smallest share of blame while also suffering the most severe re= percussions. 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 reg= ion 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, wi= th 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 remai= ning indigenous tribal communities in East Africa. They are semi-nomadic people = who live primarily in the Great Rift Valley, stretching between Kenya and Tanza= nia (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 imp= acts pasture availability and constrains the Maasai as they = have to look for other land and other sources of income. The climate chan= ge phenomenon has led to their increased displacement away from traditional pastoral lands, routes and regions within the EA= C, 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 war= ming impacts contribute to the displacement of the Maasai community in East Afri= ca. In addition, challenges faced by the Maasai such as: climate change-induced declines in productivity, constrained pastoralists movement, insecurity cau= sed 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 there= by 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 displac= ement in a changing climate is a developmental endeavor that will require stronger political will, enhanced strategic investment, and improved coordination am= ong 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 occurre= nces which is critical for lowering the number of climate change affected indivi= duals. According to the Internal Displacement Monitoring Centre (IDMC) report (202= 1), significant climate disasters have nearly doubled in the previous two decad= es, as greenhouse gas emissions continue to rise. Combined with lax risk govern= ance and environmental destruction, continuing inequality and marginalization cr= eate new risks and exacerbate the global consequences of local crises.
Assessment of the global warming im=
pacts on
the Maasai people in East Africa uncovers other challenges the community fa=
ces,
such as affected livelihoods, questioned survival of the Maasai culture and
community, and specific gendered consequences for Maasai women and girls. T=
he
global warming challenge also sheds light on the level of discrimination and
institutional neglect towards nomadic and sedentary communities. In additio=
n,
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, cul=
ture
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.
Back=
ground on
Global Warming and Change in East Africa’s Weather Patterns
For a long time, the Maasai have be= en displaced due to climate change. Maasai people were particularly vulnerable= to severe drought in the 1960s and 1980s in Kenya caused a= s a result of natural climate variability in the East African region. Co= nsequently, they were compelled to overwork the land that they possessed, which resulte= d 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 trave= l 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. T= hese climate change episodes manifest themselves in a variety of ways and all th= ese aspects are encountered by the Maasai people. Drought patterns have become = more frequent and more prolonged in the region, forcing the Maasai to relocate m= ore 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 mo= re 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 bet= ween 1985 and 2015 and the rainfall patterns in Kenya have been increasingly err= atic 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 w= ith glacial volumes having decreased by 66 percent over the previous century on= the other hand. Mount Kenya is one such site that is witnessing substanti= al 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 a= re attributed to a combination of factors, including the vast clearing of fore= sts 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 & Kag= awa, 2013). The lack of rain has had significant consequences for the region, wi= th both humans and animals suffering as a result of= the drought (Selby & Kagawa, 2013). The Maasai people must coexist with div= erse species on these lands. And when water is scarce, there can be a spark of conflict.
Meth=
odology
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 resear=
ch
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 & Cr=
eswell,
2017). The data on greenhouse gas emissions and the numb=
er 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 oth=
er
pastoralist and indigenous populations. To have an accurate “on ground”
assessment of the global warming impacts on the Maasai, literature from Ken=
yan
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.
Fact=
ors, Data
Analysis, and Outcomes Discussion
Located in southern Kenya and northern Tanzania along the Great Rift Valley, the Ma= asai people of East Africa live in semi-arid regions. Approximately 160,000 squa= re kilometres of territory is occupied by the Maasai (Ma= asai 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 includ= ed in the population census, population estimates place the Maasai in Tanzania= at 430,000 people, according to government estimates (Por= okowa, 2021). The Maasai people of Kenya number roughly 900,000 people now, accord= ing 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 w= hen they are approached by census officials (Maasai Association, n.d.). There a= re some individuals who want to be counted multiple times, while there are oth= ers 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.<= /span>
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 nee= d 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 clima= te change is common among the Maasai in both Kenya and Tanzania.=
According to (Selby & Kagawa, 2013), the Maasai, who are traditional cattle herde= rs, have found themselves forced to leave their communities for months at a tim= e in search of pastures and water for their animals. This typically results in vulnerable women, children, and the elderly left behind to care for themsel= ves in the villages, which is dangerous. Maasai herders have now become a famil= iar sight on the outskirts of Nairobi, Kenya's capital, as they look for pastur= es for their animals (Selby & Kagawa, 2013). Droughts on a regular basis, along with dwindling land sizes, have rendered pastoralism in Narok and Kaj= iado Counties, areas highly concentrated by the Maasai population, an unsustaina= ble venture, leading in an extraordinary increase in the number of Moran hawker= s in the urban parts of the city (Mwale & Kishoyia= n, 2019). Others are abandoning their pastoral way of life entirely and reloca= ting to urban areas searching for jobs. This threatens the survival of their cul= ture and community as there is a rural to urban migration pattern. Similarly, in Tanzania, the Maasai nomadic pastoralists are migrating to urban areas beca= use 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 produc= tion for survival for hundreds of years, the Maasai have begun to experience cli= mate 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 s= ame 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 kil= led large numbers of their livestock; (ii) malnutrition due to a lack of balanc= ed 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 tradition= al ceremonial cycles that are held on specific days of the week (Saitabau, 2014). In such difficult circumstances, liv= estock 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 resistan= t 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 goa= ts in their herd.
Constrained pastoralists movement
Mobility inside and beyond national borders and across international borders is crit= ical to the viability of mobile pastoralism, which is especially true in the fac= e 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, instabi= lity, and conflict (Security in Mobility, 2020). Due to the expansion of alternat= ive livelihood systems into pastoralists' territory, pastoralists are progressi= vely 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 periph= ery of development, unable to maintain their traditional livelihoods without fa= lling 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 surv= ive. 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 displac= ed 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 Ma=
asai
Exacerbated gender disparities
Global warming affects food security, water, and other resource limitations, and e= ven 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 exis= ts 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. 202= 1), 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 drough= ts in Kenya.
Women and girls are particularly vulnerable to slow-onset climatic hazards such as drought because of their significant reliance on climate-sensitive occupati= ons, 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 speci= fic 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 examp= le, during a drought, women and girls are typically responsible for securing fo= od and water; this may entail traveling increasingly long distances, which not= only increases security risks, but can also result in girls having to withdraw f= rom 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 resea= rch, 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<= /span> 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 impor= tant than ever to implement strategies that encourage girls to stay in education, stop early marriages, and abandon FGM. Family adaptation techniques, s= uch 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 Ken= ya, 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, whereb= y 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 encoura= ged 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 cen= t of the wild animals that live seasonally or permanently outside protected area= s 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 conflict= s 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, 201= 6) refers to “Maasai tourism”. Today, the people are in the vanguard of so-cal= led Maasai cultural tourist development. Maasai cultural tourism entails encoun= ters that include the Maasai people as objects of the "tourist gaze" a= nd 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 cult= ural 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 distinct=
ive
tourist attraction and instrument for developing and marketing Kenyan touri=
sm,
the Maasai people have not profited from tourism in any meaningful way (
Measures Implemented in Kenya to Tackle G=
lobal
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 Internatio= nal, 2019). The NCCAP measures support the Maasai community in tackling the effe= cts of climate change. For example, under the adaptation strategies, the nation= al Government under the Ministry of Tourism, County Government of Narok, non-governmental= organisations (NGOs) (such as WWF and Save the Elepha= nt), 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, whi= ch builds on this, while the Climate Change Act 2016 offers a regulatory framework for integrating climate change considerations into development planning, budget= ing, 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 requir= ed 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 mad= e to ensure that they participate and are represented in government and other sectors of life, among other things (Government of Kenya, 2018). Due to cli= mate 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 n= ow 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 effo= rt.
International and Regional Law and Norms
applicable -and What’s Missing
As exemplified by refugee and human rights legislation, international protecti= on 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 Wor= kers 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 b= oth Kenya and Tanzania and nearly all are ratified by EAC states (ILO, 2022). T= he 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 commun= ity. The ILO C169 has been widely ratified in Latin America but not Africa besid= es the Central African Republic which ratified the instrument in 2010 (ILO, 20= 22). The provisions laid out in the ILO C169 prove to be important for African countries, particularly the EAC countries where the Maasai reside, highligh= ting 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 c= ommunity have resulted in Maasai persons fleeing to other countries to claim protect= ion 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 Afri= can States (ECOWAS) has sequential protocols dealing with aspects of and extens= ion 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 E= AC 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, K= uria, and Luhya peoples. The Digo Kuria, and Luhya ar= e part of the main ethno-linguistic minorities in Kenya (Mako= loo & Ghai, 2005). The Kar= amajong 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 impacte= d 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 outburst= s 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 communi= ties 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 with= in 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 proce= ss. Furthermore, despite the fact that "the sco= pe for activating human rights legislation is probably limited" in the contex= t 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 acces= s, adaptation, and balance (McAdam, 2011).
In many cases, mitigation and ex-ante adaptation efforts are inadequate to pro= tect humans from the adverse effects of global warming. Protection and aid for people who have been adversely impacted by the consequences of climate chan= ge, including those who have been forced to leave their homes, must thus be included in adaptation efforts on a broader scale (Käl= in & Schrepfer, 2012). When it comes to protec= ting 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 &a= mp; Schrepfer, 2012).
Climate change and disaster-related mobility is expected to grow more diversified a= nd 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 ori= gin and countries of refuge, is appropriate. In addition, regional and subregio= nal organisations play a critical role since it is projec= ted that climate change would affect particular regions more than others and in certain ways, and that its effects will not be limi= ted 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 memb= er countries in the Horn of Africa-East Africa regional that Kenya is a part o= f (IGAD, 2022). A drawback identified is that IGAD does not include Tanzania which w= ould mean that the Protocol is not helpful for Maasai transhumance. Special effo= rts will be required to transpose the relevant provisions of the Protocol to the Tanzanian legislation. The IGAD Protocol on Transhumance notes the importan= ce 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 livest= ock and herders in search of pasture and water as an adaptation mechanism to climate change and weather variability within the IGAD region” (ICPALD, 202= 0).
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 protectio= n 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 clima= te 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. T= his 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 prop= osed is the necessity to assess the National Adaptation Pro= grammes 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. T= he lessons learned from these exercises should be included into the formulatio= n of the Kenya National Adaptation Plan as well as the implementation of the Ken= yan Climate Bill in the country (Nassef et al., 200= 9).
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 pr= ogrammes 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 war= ming outline the need for concrete solutions in the East African Community. Firs= t, it is vital to investigate how countries in East Africa might provide pathw= ays 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 Adaptati= on 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 adop= tion of these frameworks by East African countries is vital to effectively addre= ss the challenges faced by the Maasai. However, it is important that the actio= ns 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 evol= ving 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 monitori= ng 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 whe= reby both countries can tackle the challenges together. This also ensures effect= ive resource mobilisation, increased community fina= ncing, 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 specifica= lly 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 challe= nge needs to be addressed more concretely as it is having a ripple effect on ot= her sectors and a vast majority of people. In addition, for pastoralist growth = to be effective, climate foresight must be integrated into the planning proces= s. More understanding of how to get and utilize climate projections is require= d 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 organisation= s towards tackling climate change have so far not been coordinated which resu= lts 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 f= ind 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 reas= ons for community displacement, where they are displaced from, where they go, a= nd when it is determined that their displacement has ended (IDMC, 2021). To address these specific problems and establish solutions, it will be necessa= ry to collect data and proof of the consequences, as well as the voices and experiences of the affected populations, among other things.<= /p>
The author would like to express gr= atitude to Patrick Taran, President of Global Migration Policy Associates (GMPA), and Olga Kadysheva, G= MPA Associate, who have continually guided the research and provided valuable input.
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5
Global warming impacts displacing the Maasai
community in East Africa: challenges and responses