| Received 21 March 2002Maasai (TANZANIA)
 Mr. Lembulung M. Ole Kosyando
 Executive Secretary,
 NAADUTARO (PASTORALISTS' SURVIVAL OPTIONS)
 P.O. Box 46, KIBAYA, Arusha, Tanzania
 Tel +255 27 2552179, + 255 27 2552064 / 74
 Fax +255 27 2552170
 Email lembulug@hotmail.com
 
 Re 
      Notification: Decision V/16 on Article 8 (j) and related provisions
 C: Guidelines or recommendations regarding developments proposed to take 
      place on sacred sites and on lands and waters occupied or used by 
      indigenous and local communities
 
      1. Guidelines or recommendations on sacred 
      sites: Case
      Endonyo o-rmorwak
 Endonyo o-rmorwak, literally meaning the "Hill of the elders", is a 
      sacred hill of the indigenous Maasai people living across the borders of 
      Kenya and Tanzania in East Africa. The hill is situated midway between 
      Arusha and Moshi towns in northern Tanzania. This place is used for age 
      groups' graduation ceremonies when the warriors are initiated to elder 
      hood, and this takes place every twelve to fifteen years. This place has 
      been used for this purpose for ages.
 
 The site is being encroached at. Conflict of interests between the 
      Ministry of Education and Culture of the government of Tanzania, 
      supposedly the guardian of such a site, the traditional leaders of the 
      Maasai indigenous people, somewhat now disorganised; local Maasai CBOs, 
      fighting each other to control the hill; and political personalities of 
      Maasai origin, these wanting to capitalise politically from the tag of 
      war, has left the site as nobody's land and is being developed by 
      individuals from the nearby towns and villages.
 
 As a result of the confusion of ownership and management of the site, with 
      nobody being responsible, the environment around the hill is being 
      destroyed by developments taking place making it a conflict zone between 
      the indigenous people and the developers. The feel of sacredness of the 
      hill has been eroded.
 
      Most of the sacred sites of indigenous people 
      and local communities are attached to some form of biodiversity sectors. 
      Most often than not, the conservation of that particular sector of 
      biodiversity is an integral part of the sacredness. The indigenous peoples 
      and local communities beliefs as regards to sacred sites are such that you 
      can not create or replicate the sites at will. They have ancestral 
      connotations attached to them which cannot be exotically reproduced 
      elsewhere.
 It is for these reasons that our recommendation are:
 
        
      
      The governments recognise the spiritual 
      feeling, touch and relationship of the sacred sites to indigenous peoples 
      and local communities, and reflect this in its policies as regards to any 
      developments proposed. 
      
      The indigenous people and local communities in 
      collaboration with respective government authorities identify these sites 
      and register them for conservation, and completely refrain from any 
      developments.
      
      When for some reason it becomes absolutely 
      necessary to consider developments within the sacred sites of indigenous 
      peoples and local communities, their prior informed consent must be 
      sought, with all the spiritual, cultural and environmental conditions met, 
      that indigenous and local communities may attach to such consent. 
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