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Jatropha in Maasailand: Why, How and for Whose Benefit? Eliamani Laltaika [LL. M Env. Jatropha in Maasailand: Why, How and for Whose Benefit? Eliamani Laltaika [LL. M Env. Law (Kwa. Zulu Natal) LL. M-Intellectual Property (Munich) Doctoral Candidate, Max Planck Institute for Intellectual Property, Competition and Tax Law Munich Germany] Lecturer Faculty of Law Tumaini University Iringa P. O. BOX 200 IRINGA-TANZANIA

Tanzania: the land of Kilimanjaro and Zanzibar One of the worlds biological “hot spots” Tanzania: the land of Kilimanjaro and Zanzibar One of the worlds biological “hot spots” Politically stable since independence

Kilimanjaro: As then it was? Kilimanjaro: As then it was?

Jatropha in Maasailand: • Why, • How • For Whose Benefit? Jatropha in Maasailand: • Why, • How • For Whose Benefit?

INTRODUCTION INTRODUCTION

Preliminary Questions • What is climate change and how does it affect indigenous people? Preliminary Questions • What is climate change and how does it affect indigenous people? • Who are indigenous people of Africa? • Who are the Maasai? • What is Pastoralism?

What is Climate Change? • Growth of green house gas emission due to the What is Climate Change? • Growth of green house gas emission due to the burning of fossil fuels, resulting mainly from industrial activities and motor transportation • Man induced climate change, emphasized by both UNFCC &IPCC definitions • Double tragedy to indigenous People: Adaptation and Mitigation strategies militate against them • North South Issue “Paying for the sins of others? ”

Who are Indigenous People? • Aboriginality: First people in the Americas, Australia and New Who are Indigenous People? • Aboriginality: First people in the Americas, Australia and New Zealand • Marginalization: African Pastoralists, Hunter-Gatherers and Fishermen • Examples of Indigenous People Pygmy (Central Africa) San of (Southern Africa); Maasai (Kenya and Tanzania), Tuareg (west and northern Africa), and the Himba in Namibia

Who are the Maasai? • Found in Kenya and Tanzania § Well known among Who are the Maasai? • Found in Kenya and Tanzania § Well known among tourists and travellers § Still observe their traditions and occupy their ancestral lands in/around protected areas such as the Serengeti, Maasai Mara, Ngorongoro, Tarangire and Manyara q Pastoralism makes them vulnerable to climate change

WHY JATROPHA? • Biofuels come as a result of two crises • The Climate WHY JATROPHA? • Biofuels come as a result of two crises • The Climate Crisis and the Oil Crisis • These are two interrelated GLOBAL problems “of the North” (affecting all of us) • The US has indicated that it will support the use of biofuel as the main way of combating climate change • The EU on its part has aimed to replace 10% of motor transportation fuel by renewable energy such as biofuel by 2020.

To “solve” the two crises • There is currently a ‘scramble’ for land among To “solve” the two crises • There is currently a ‘scramble’ for land among European and American corporations interested in biofuel. • Foreign companies already in Tanzania for this ‘golden’ opportunity include Bio. Alcohol Fuel Foundation (BAFF) &Svensk Etanol. Kemi AB (SEKAB) of Sweden, Prokon (Germany) and Wilma of the US

HOW? • Land grabbing: Big chunks of land used to grow bio energy crops HOW? • Land grabbing: Big chunks of land used to grow bio energy crops • Evict Indigenous People • Food prices skyrocket • Manipulating governments to go “head on” (kichwa) into biofuels even without legal and policy instruments in place

HOW? • Soil degradation, mono cropping • Deforestation: Competitive prices of Jatropha lead to HOW? • Soil degradation, mono cropping • Deforestation: Competitive prices of Jatropha lead to clearing forests • Alien and invasive species • Danger of uncontrolled GMOs • Change of lifestyles “bio energy growers” • No foreseeable future: is the world ready for biofuels?

HOW? • Putting Developing countries in a dilemma: biofuels or nuclear? • ‘Over 60% HOW? • Putting Developing countries in a dilemma: biofuels or nuclear? • ‘Over 60% of all energy R&D undertaken around the world during the last forty years has been spent on developing nuclear energy. Only 6% has been used to support renewable energy” • Nuclear proliferation vs. starving ¾ of the world: no lesser evil?

FOR WHOSE BENEFIT? • UNFCC and Kyoto Protocol exempt developing countries from emission reduction FOR WHOSE BENEFIT? • UNFCC and Kyoto Protocol exempt developing countries from emission reduction “Common but differentiated responsibility” • Biofuels is NOT a “home grown” priority • Biofuels will NOT solve domestic oil needs in Africa as oil is a GLOBAL commodity • Examples FIJI (water) NIGERIA (Oil)

FOR WHOSE BENEFIT? • Who are the main players in the field? : Transnational FOR WHOSE BENEFIT? • Who are the main players in the field? : Transnational Corporations! • “The Corporation…is all about creating wealth, and it is a highly effective vehicle for doing so. No internal limits, whether moral, ethical or legal, limit what or whom corporations can exploit to create wealth for themselves and their owners” Bakan J. The Corporation: The Pathological Pursuit of Profit and Power (2004)

FOR WHOSE BENEFIT? • Environmental colonialism • A Kenyan newspaper columnist sums it all FOR WHOSE BENEFIT? • Environmental colonialism • A Kenyan newspaper columnist sums it all “Slavery, colonialism, plunder, cheap labour, brain drain… and now bio-piracy. Nothing has changed much in Africa-Europe ties for centuries. Africa continues to oil the wheels of industry in the West. ” q. The North will receive ALL the benefit!

CONCLUSION • “Whoever wants to follow me must deny himself” • The North should CONCLUSION • “Whoever wants to follow me must deny himself” • The North should learn and PRACTICE how to live an ecologically friendly life: • Luxurious lifestyles, “Love miles” and hunger for “economic prosperity” are our greatest enemies • “Do justice unto the South” CDM, REDD etc should be put into practice with less bureaucracy! • THERE IS HOPE

Thank you very much “Asanteni sana” Thank you very much “Asanteni sana”