Independent/Commission Producer: Benedict Moran

Independent/Commission Producer Contact Details: benedict@blindriver.media

Commission/Independent Production Company and Address: Blind River Media, 4350 de Lanaudiere, Montreal QC H2J 3P2 CANADA

Al Jazeera Commissioning Executive: Fiona Lawson-Baker

Al Jazeera Commissioning Executive Contact Details: Fiona.lb@aljazeera.net

Al Jazeera producer/program editor: Emile Guertin

Al Jazeera producer/program editor telephone number: Guertine@aljazeera.net

AL Jazeera bureau: Doha

Instructions:

Please use colour-coding when listing contributors and sourced footage. This will enable those elements to be more easily compared and added to the PasC form.

Narration – in CAPS

Dialogue – in italics

Correspondent to Camera, PTC – in plain text  

Names and references as they appear in this transcript:

Time Code

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Description of Scene

Audio

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Joseph and two elders walk amidst the ruins of a destroyed settlement in the newly-demarcated “Area B” of Pololeti.

See:

In Tanzania, the Maasai are evicted from their land in the name of wildlife protection and tourism

https://www.hrw.org/news/2023/04/27/tanzania-maasai-forcibly-displaced-game-reserve 

Tanzania: Authorities brutally violated Maasai amid forced evictions from ancestral lands - Amnesty International

Tanzania: UN experts warn of escalating violence amidst plans to forcibly evict Maasai from ancestral lands | OHCHR 

The Pololeti Game Reserve | Indigenous Rights and Protected Areas

Joseph Oleshangay
These are the houses that were demolished?
Whose house was this one?

Man 1
This one was the church.

Joseph Oleshangay
Here is the cross.
And these are houses?

Man 2
These ruins were our houses.
That was a house made of clay.

Joseph Oleshangay
This was a door?

Man 2
Yes, this was a door.
On that morning they gave us only 24 hours to move.

Joseph Oleshangay
24 hours?

Man 2
Yes they said we had to leave within 24 hours.

Joseph Oleshangay
How many households were here?

Man 2
There were 81 households in this sub-village.

Joseph Oleshangay
81.

Man 2
We went through hell.

Drone shot of Joseph over destroyed boma.

Maasai beauty shots.

Title: In The Shadow of the Serengeti

A film by Benedict Moran

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Joseph driving

Joseph getting dressed in court

WHEN WE SPEAK ABOUT LAND TO THE MAASAI,

Joseph Oleshangay
Ol Doinyo Lengai Mountain

WE SPEAK OF THE HEART OF THE PEOPLE.

YOU PROTECT IT, YOU ARE PROTECTING THE PEOPLE.

YOU TAKE IT AWAY, YOU ARE TAKING AWAY THE LIFE OF THE PEOPLE.

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July 2023

At the High Court of Tanzania, Joseph is giving an update on the court case that he filed on behalf of Maasai villages.

Man
Time is running out, people are suffering.

Joseph
True.

Man
Dry season is approaching, and prime grazing land has been abandoned.

Joseph
If you don't graze your cattle, they will die.
If you graze them, they will be seized.
It is a hard choice to make.
The fundamental right to life, to a livelihood, is violated.
The law says Game Controlled Areas are not permitted on village land.
We filed the case, let’s see what happens.

Joseph in the courthouse, preparing a document.

TEXT: Joseph files a case asserting 1,500 hectares of land have been taken from the Maasai community illegally.

The land has been forcibly taken by the government to create the Pololeti Game Controlled Area.

AJE News archive

Clip name: pkg-tza-land-dispute-2-bag-120622.mxf

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Benedict Moran Drone

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Joseph herding cattle

JOSEPH:
YOU MUST HAVE LOCALITY, THAT’S THE LAND.
AND YOU MUST HAVE THE RESOURCES.
THAT’S LIVESTOCK. WE MEAN THE COWS.
YOU TAKE AWAY THE TWO THEN THERE WILL BE HUMAN-BEING, BUT NOT THE MAASAI.
COW IS THE ECONOMY, COW IS THE MEDICINE, COW IS THE CULTURE.

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Joseph, his wife and parents eat breakfast

Joseph
We pray in the name of Father, Son and Holy spirit Amen. Mother, for you?

BECOMING A LAWYER IS LIKE BECOMING  AN ENEMY OF THE STATE. ON SEVERAL OCCASIONS
I HAVE RECEIVED THREATS TO MYSELF AND MY FAMILY.
I KNOW ANYTHING CAN HAPPEN.
BUT I ALSO KNOW, IT CAN ALSO HAPPEN IF I KEEP SILENT.

Joseph
After you migrated, where did you stay?

Moses
Joseph’s Dad
We came across Oldonyo Lalabayie and a place called  Paramatero.
And again to a place called Esilalei oongishu kerin.
Nowadays we are not allowed to go there but it’s within the Serengeti border.
So it’s Maasai land.

Joseph
Are we are going there?

Moses
Is it possible to still visit these places?

Joseph
Yes, of course and it is not a bad thing to visit.
If those places are still there.

Moses
I will even take you to where my mum’s house was.

Joseph
Whether Dad’s old places are actually in the park or not, people aren’t allowed to go there now.

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Joseph drone car

I’M WORRIED ABOUT MY COMMUNITY BEING DISPLACED.

AND I NEED TO COLLECT EVIDENCE AND TESTIMONIES TO BUILD THEIR CASE.

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Joseph visiting elders.

TEXT: Joseph undertakes a number of legal cases at the same time.

His work requires ongoing consultation with remote Maasai communities on a regular basis.

Joseph
If there is anyone who want to know more about the cases he can ask.

Man
Why can't we sue these people for stealing from us and demand they return all the money they took from us. They are thieves.

Joseph
As I told you, the first thing to do to assist us… Because there are things that are possible by law though the law is also changing...
But it is good to have receipts and to know what happened.

Man
If you were evicted from your home and all your properties were destroyed are they not supposed to compensate us with our loss?

Joseph
Is that not simple. Anyone whose home was destroyed or their home was taken away or demolished properties taken away......collect their information, we can open the case
then we can sue responsible people
so that they can pay.
But when the court gives its ruling
whether I like it or not
I must respect it.
[This is] how we have the rule of law.

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Footage from Parliament public youtube channel.

The https://www.youtube.com/watch?v=C1e2Mn9SJs4

ONE OF MY CLIENTS IS A MAASAI MEMBER OF PARLIAMENT.

Emmanuel Shangai
Why are we doing this to [Maasai] citizens? What wrong have they committed against you?

HE WAS ARRESTED AND WE DO NOT KNOW WHERE HE IS.

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TEXT: Joseph works with informants who can help determine the location of missing people.

Joseph meets a police informer.

Joseph
Hello.
OK, it’s fine, we are coming there.
Yes, we are coming, so be quick.
OK.
In a criminal case,
you cannot arrest someone randomly.
You cannot be arrested just because you are Maasai.

Driver
Or just because you were in the area.

Joseph
Stop and find parking wherever.
How are you?
Can you come in or?

Informant
Shangai [MP] has not eaten since they arrested him.

Joseph
It’s true.

Informant
He only just ate this evening.
There was already a plan to arrest these people.
The other issue is...you.
They are looking for an angle [on you] but
it has been difficult to connect you with all of this.
They are also afraid there would be
a big reaction from civil society.

Joseph
No problem.
Bye.

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Joseph goes home, speaks with his children

Joseph
It seems there is no electricity.
John.
My John.
How are you doing?
All is well?


John
Yes.

Joseph
I didn't say hello to you?
Angel come here.
Come here.
You went to school today?

Angel
Yes.

Joseph
John, you also went to school?
Who drove you to school?

John
Mother.

Joseph
Do you know where I was?

Child
You were at Uncle Ngine’s home.

Joseph
I wasn’t there.

Child
OK

Joseph
I went somewhere
it was far.

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Drone

Footage of Ngorongoro Crater and tourist cars, animals, Maasai.

THE MAASI HAS BEEN HERE, ROAMING WITH THE WILDLIFE ALTOGETHER, IN A VERY PEACEFUL WAY OVER CENTURIES.

YOU REMOVE THE MAASAI, YOU REPLACE THEM WITH THE TOURISTS AND THE HOTEL.

YOU BRING 1000 JEEPS IN ONE PLACE IN A DAY.

WHAT HAPPENS WITH THE TOURISM IN A DAY THE MAASAI WILL NOT CAUSE THAT DAMAGE IN YEARS.

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TEXT: Joseph arrives to update a community that was previously evicted to make way for the Pololeti Game Controlled Area.

Visit to “Arash” community in between Areas A and B of demarcated area.

Man
This was someone's home.
And over there.

Joseph
Firstly, I told you that the reason we are here is to to tell you that this land was taken for something called a game controlled area. Have you heard about it?

Group
Yes, we have.

Joseph
Now it is called Pololeti.
The laws says before they can declare a Game Controlled Area they must consult the people living there and to get their approval.
We are asking you to not be afraid, as you will be treated badly if you are
But if they know that you will fight for your rights, they will be afraid that you might go and complain
What happened to these people?

Woman
These are the names of those whose houses were burnt.

Man
We have become the refugees in our own lands
We are running every day. Cattle does not rest, nor does the children.
As we speak, all the rivers we depend on were all taken away
With our current level of poverty
we have children that dropped out of Universities

Joseph
The schools?

Man
Schools
because of poverty on these lands
We are truly in absolute poverty,
as we do not have even places to sleep,
and cattle have no place to stay.

Joseph
We are not asking you to attack or beat anyone.
Rather
speak up if you are wronged.
Never be afraid.
OK?
Because if you fear
you will perish.

Man
Very true.

Man
When people see these houses
they think they are just temporal homes
but is how we live, it is our lifestyle
this is our life,
our livelihood and we depend on these things to live.

Joseph
Hello, sir.
I am from the Oleshangay family.

Elder Man
Oleshangay?

Joseph
Oleshangay?
- Yes.

Elder Man
From Endulen?

Joseph
Yes from Endulen.
I am a lawyer.
Stay calm no one will hurt you
no one is going to hurt you.
Let them not worry.
Have they hurt you?

Young Man
I am doing okay
even though they beat me a little, but I am doing okay.
It was there they beat me, against that tree.

Joseph
Really?

Elder man
It was over there.

Joseph
You saw?

Elder
Yes, just over there.

Young man
You see that tree, they were beating me over there.
They brought me down here
from that hill where I was living.

Elder
The government has taken all our cows.

Joseph
Oh?
They auctioned them?

Elder
Yes, they sold them.
They also beat my two children
who were looking after livestock.

Joseph
Okay.

Elder
A girl and a boy.
They didn’t give us any time.

They only came and said,
from now on this is a new park.
We were born and we grew up on this land.

Joseph
Where now?
Who will take us to the road?
OK.

Young man
Guys lets go, the rangers use this road.
The rangers?
Yes, the enemy.

Young man in car
They say we are living with wild animals,
but we are co-existing with them peacefully
without any problem.
We are in serious trouble.

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Joseph with wife and kids, back home in Arusha with his family, getting told old stories by his Dad Moses.

I HAVE SPOKEN TO MY FATHER IN MANY OCCASIONS ABOUT WHAT HAPPENED IN SERENGETI. AND FORCING OTHER MAASAI, INCLUDING MY GRANDFATHER AND HIS YOUNG BOYS THEN, INCLUDING MY FATHER, OUT OF SERENGETI.

Moses
A person with a plane came first.
He requested a place to put an old lion.
People took it lightly.
Then he brought a lioness.
Then he came and claimed the whole area.

Joseph
If you now return to the Serengeti
and find that your former home is now a hotel.
Another is a campsite.
Another…
is the Serengeti entrance gate.

Father Moses
It’s such a painful reality.
I understand it’s a park,
but I still dream of going back.

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At his office, Joseph and his colleague files a writ of habeus corpus at his office. He takes a phone call from Amnesty.

TEXT: Days later, with no sign of the missing MP, Joseph files a demand on the government to prove the MP is alive in their detention.

See:

Tanzania: End the crackdown on the Maasai standing up against forced evictions in Ngorongoro. - Amnesty International

Ngorongoro Residents say there is ‘Big Trouble’ in the Conservation Area – The Tanzania Times

Colleague
Which one is that?

Joseph
It’s the habeas corpus request for the MP.

Colleague
The other guys? Did you file for them?

Joseph
(on phone)
Yes, I don’t know where he is.
At least until now.
We are preparing an application to the court.
Then, we will go to search for him in several places.
Maybe [he’s in] Arusha here, I don’t know.
But after finalising our application,
I will let you know the situation.

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In Arusha, Joseph and other activists have a press conference, calling for release of Shangai and others.

Man
On behalf of people of Ngorongoro
particularly the Ngorongoro Division
we thank you for responding for our media call
as a community and its leaders.
We from Ngorongoro have been going through difficult times
for the last three years.
Our colleagues are being detained beyond 24 hours
and are required by law to be arraigned in court.
To suppress their legal rights
they are being continued detained.

Joseph
Until we speak
we don't know where our client is.
The Member of Parliament, wherever they are holding him
first of all,
they should allow us to communicate
and disclose his location.
I have been calling the officer who detained the MP.
The phone rings,
nobody answers.
They told me they will keep me informed.

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In a public parking lot in Arusha, MP Emmanuel Shangai is released. Local journalists appear to ask questions.

AFTER PUBLIC PRESSURE, THE MEMBER OF PARLIAMENT WAS RELEASED.

MP Emmanuel Shangai
I was not beaten.

Joseph
I knew that.
I know that.
What time did they release you?

Emmanuel
Around 3am.
Thank you, thank you.
I thank all my voters.
I thank all Tanzanians.
I know they have been speaking out.
When you are on the side of the people
you will have problems
this will not make me back off.
Thank you very much.
Well done for three days.

Journalist
Please explain how was it?

Emmanuel
It was sweet.

Journalist
Explain how.

Emmanuel
I have learned one other thing
humans can stay three days without food and survive.
Even if they were to detain me for 7 days, I wouldn’t eat.

Joseph
People should disperse now.

00:19:34,760

Endulen beauty shots

MY VISION AND MY DREAM TO ENSURE MAASAI COMMUNITIES AND OTHER INDIGENOUS COMMUNITIES, AND WHOEVER'S RIGHTS IS BEING PROTECTED, PRESERVED AND PROTECTED IN THE SAME MANNER LIKE THE REST OF THE COMMUNITY IN THE COUNTRY. THAT CAN ONLY BE DONE BY ADDRESSING HISTORICAL INJUSTICES.

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Joseph in car, with his Dad Moses, visiting the Serengeti for first time since he was evicted in 1959.

Joseph
When was the last time you were here?

Moses
The last time was in May...

Joseph
1959?

Moses
Yes.
That was my last time,
when we were forced out.
We lived all over here.
To the base of that big mountain.

Joseph
Ok.

Moses
This was squarely a Maasai settlement.
See all these places?
We are not allowed to build houses
but hotel construction is allowed.
What segregation is this?

The most dangerous lions
that kill livestock
are from a place I will show you known as Iltuka.

My young sister was born there.

Wash your hands.
Oh.
Our beautiful country.
It's us Maasai who nurtured the Serengeti.
Its animals.
Its trees.
Why do they separate
what God has made together?

I have many family members
from my grandchildren
my children
all buried there.
The big tree is actually my father’s grave.
God, please return this land to us.

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Text: The High Court of Tanzania ruled that the creation of the new Pololeti Game Controlled Area on Maasai land was illegal.

See: https://www.youtube.com/watch?v=GnotjI9MACs

Joseph
Today the Court has issued its judgement
There are mandatory procedures that a minister must adhere to when declaring a new Game Controlled Area.
The Court ruled that no prior consultation was done, as required by the law.

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Joseph visits clients near Ololosokwan, to check on impact of court decision.

Joseph
Are the people waiting?

Woman
Yes
Okay
Because
they are in trouble.

Joseph
Now that the court has ruled in favor of Maasai,
are they [the rangers] following the law?

Woman
People were confused because
they saw the court's decision
that the land belongs to them.

Woman 1
But when they put out their cows to graze
the cows were still seized.
Livestock remain detained
and people were badly harassed yesterday.
We want to tell the Tanzanian government
that this is our land.

Woman 2
We have nowhere else to go.
Only here.
We want to die here.
This land nurtured me,
and it will kill me too.

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Final Scene: Naming Ceremony for Joseph’s new baby in Endulen and update on Joseph’s troubles.

Joseph
We should stop here.

I WAS INFORMED THERE IS A PLAN TO ARREST ME. I FOUND OUT THEY [THE POLICE] RAIDED A PLACE I HAD JUST LEFT. THEN AT AROUND 4AM THEY RAIDED MY HOUSE.

Group
Be great like our mountain.
Amen.
Be like our forest.
Amen.
Spread like these plains.
Amen.

THEY [THE POLICE] CAME TO DISPERSE PEOPLE
AND TO ARREST ME
EVEN THOUGH I HAD COMMITTED NO CRIME.

Man
This is Nasaru.

Joseph’s Wife
If we are doing something, and the mission
is not completed
she will finish it.
If there is something
God planned for us to do
but we haven't finished the work
our child will help us accomplish it.

TEXT: In October 2024, a new court ruling overturned the decision the creationg of Pololeti Game Reserve illegal.

Joseph is now appealing this ruling.

-       END  -