1 CHAPTER ONE

1.0 Background to the Study
Human rights promotion and development are foreign ideologies introduced to Africa by the West. “Since 1978 the World Bank, together with other donors, has been engaged in a programme of activities known as ‘Social Dimensions of Adjustment’ (SDA)…The chief vehicle for poverty-alleviation lending was to be the Rural Integrated Development Project (RIDP)...Poverty was to be alleviated by the vertical downward extension of ‘modernisation”1. Development Theory was derived “to see why, it is useful to begin with an owl’s eye view of human history over the past 10,000 years or so since settled agriculture first began to replace hunting and gathering…The advent of capitalism in the fifteenth and sixteenth centuries, however, and above all the advent of industrial capitalism in the late eighteenth century, forced the fact of human economic, social, political and cultural development on the people’s attention”.

Development theories and Human rights, including feminism, have overtaken governments and affected societies in Kenya like Maasai and Ogiek. According to Leys, “most Third World countries, then, found themselves more vulnerable that at any time since they were first colonized. Their economies were least well placed to prosper in the new global market place”3. This meant that those communities that still practice Nomadism and Hunter Gathering were more badly vulnerable than the state. The socio – political and economic livelihood of these communities is not yet compatible with development theories in various ways. It has also led to conflict of interest between development, pastoralists and Hunter-gathering communities. This is true because “the character of African economic development in the twenty years from 1960 to 1980 is strangely obscure. This has a good deal to do with the size and diversity of the continent”4. “During the 1950s and 1960s several theories, known as modernization theories, were prominent in influencing developmental thinking. These theories were heavily criticized in the 1970’s and 1980’s, but they seem to be resilient and have re-emerged in new guises in the recent neo-liberal push. Today, governments and international agencies promote development strategies based on a free –market principle and on economic rationality in their endeavours towards sustaining economic growth and industrialization. The incident maybe traced to the implementation of modernization policies in two state-sponsored development projects: development programs for marginal communities and the green revolution”5. This has led to a conflict of interest between the modern and the traditional. This conflict can be found in form of promotion of sedentary existence, modern education, women issues and land tenure systems.
This research aims at discussing issues that has made the targeted communities i.e. the Maasai in particular to resist change. In the late 1970s, there was the Kenyan debate, which can be related with the situation of the Maasai currently. The debate “…was about whether capitalistic development is possible at the periphery of the world capitalist system. However, “Rostow conceptualized development along a continuum of historical change upon which all society can be located”7. “For Rostow, all development societies had to pass through five stages traditional, pre take off, takeoff, the drive to maturity and mass consumptions society”8. Reflecting to the Kenyan debate, Maasai have been depending mostly on relief food when drought wipes out most of their livestock. The Maasai have also never developed new ways of meeting the challenges caused by the natural calamities. This is because, the change agent have not involved the community in planning, implementing and deciding on the course of action.

“Other Modernisation theorists simply view the process of modernization as the transformation of traditional society into modern society invariably represented by Western nations”9. “In the course of the last decade, many African governments have taken far reaching reform measures to promote rapid economic growth and strengthen their links with the global economy. Assisted by the International financial institutions including the African Development Bank (ADB) Group, the great majority of African countries have implemented various structural adjustment and policy reform programmes”10. Like the African nations, most pastoralist communities have now started to lean on hand outs from the government and the development programmes. Communities have lost livelihood direction through the confusion introduced by the new government policies for change. “Critics and radicals question the relations of global inequality and cultural dominance implied in the idea of development itself. Agencies for international development devote their policy processes to constantly revising and reframing development so as to shore up their legitimacy in a fast changing political environment”11. Development agencies such as Department of International Development (DFID) are putting a lot of energy to find a new focus and political legitimacy in the international goal of reducing poverty, participation and partnership as well as citizen’s rights and democracy. Policy development for a well managed global development is a key factor now”12.

1.1 Problem statement.
· Human Rights and development has less convincing meaning for change by the target African societies such as Hunter-Gatherers and Nomadic Pastoralists. Unlike cultural practices, the Maasai view these issues as a trick to take away land and spearhead loss of cultural practices, which are said to be backward by development agents.
· Another problem is the lack of community involvement in decision making, implementation and planning projects such as resettlement, formal education and women issues that include empowerment. This has led to dependency and underdevelopment.
· Dominating development paradigms do not accommodate the nomadic and hunter gathering societies in their mainstream development agendas, development policies and thinking. Some of the reasons for this is because, “the language of development rhetoric and writing changes fast. The reality of development practice lags behind the language”13. Policies don’t favour the modes of life of the Maasai.
1.2 Objectives of this study.
a) To conduct a comprehensive analysis of the development situation of the Maasai of Kenya with some reference of case studies in other nomadic pastoralists societies, hunter gatherers and achievements of development since the 1960s in these communities.
b) To critically analyze the situation of the Maasai of Kenya on Human rights issues and the barriers that hinder change in gender issues, mode of life and cultural practices. .
c) To undertake in-depth analysis of case studies of development programmes to identify best practices with a sense to avoid human rights violations as well as making a documentation of available data on human Rights issues and Development.
d) To identify links that can help expatriates and government agents to use Maasai folk knowledge to achieve their Development and Human Rights advocacy projects.

1.3 LITERATURE REVIEW
This literature review focuses on various discussions on the area of human rights and development particularly facing the Pastoralist communities and specifically the Maasai of Kenya. Development was introduced to east Africa by the colonial powers. Different communities received development in various ways. Other communities had negative attitudes depending on how they perceived it and on how the implementers introduced the practice. This study uses the review to bring about the gaps that has led to the various problems that has faced the field of development and human rights among the Maasai. It will also aim at highlighting some of the salient reasons for the attitudes towards these issues of development and Human rights. Case studies from other parts of the world will also be reviewed.
Bodley, John H., "Anthropology and Contemporary Human Problems", 2001.
This book is focusing on contemporary issues affecting world cultures and helps the reader to understand his/her position on the global scale. Current cultural problems lead to conflict of interests to either community. These cultures can be featured as small scale, large scale that is political and global scale in terms of commercial. These types of cultures lead to conflict as communities and other social order try to seek for Survival.
J.Bodley argues, “in addition to establishing a successful adaptation to the natural environment, every human society must maintain a certain minimal level of internal order and security to survive. The social order problem changed again with the recent emergence of globally organized culture because the scale of elite power became far greater than any ancient civilization”14. The elite culture is more exposed by formal education and is well organized. Other ethnic communities apart from the Maasai for example do not share Maasai culture. Access to modern information is therefore a big challenge to the Maasai.

Bodley, John .H, "Victims of progress”, 1999.
In this book, J.Bodley outlines some of the reasons why certain communities maintain their culture. Environment and other natural resources limit them from adapting a fast development move for new changes. In relations to this study, the Maasai have also been resisting change due to consequences that has encountered them in the process of Change. New modes of livelihoods introduced to them encourage more poverty. “The loss of economic autonomy is fostered by political conquest because indigenous groups must maintain control over their resources in order to remain self-sufficient”15. Historically, indigenous peoples have not been passive victims of expansion by large-scale cultures. The most promising recent development was the emergence of the indigenous 4peoples’ self-determination movement during the 1970s”16. The Maasai of Kenya however joined this movement in the 1990s, as the study will show later.

Brezinger, Mathias, “The Mukokodo Maasai: an Ethnobotanical Survey”, 1995.The Maasai like any other. Pastoralist society depends mainly on pasture and water for the survival of their livestock, which is the backbone of their livelihood. Maasai also use plants for food. But, most of the plants are meant for livestock. “Only small minorities of these plants are not put to any use”17. Due to the aridity of the environment where the Maasai live, they have to move in order to sustain their livestock. Plants are also used for house constructions selectively. “The construction of houses requires a specific knowledge about the qualities of different kinds of wood and their durability as they should last for a long time”18. Development should therefore consider the folk knowledge of the Maasai if sustainable results are aimed at.

Gillis Nancy and Sean Southey, “New Strategies for development, a Community Dialogue for Meeting the Millennium development Goals”, 2005. This book puts forward the issues that have led to the paradigm shift in development. Many development programs have been started in communities such as the Maasai in many different parts of Kenya where these people live. However, most of the development projects have failed. Governments and development partners are trying to attain sustainable development through involvement and direct participation by communities. Among the issues for success is involvement in policy development. Gillis argues, “the Community Commons utilized the significant expertise and capacity of a diverse, growing movement of grassroots and indigenous community representation within international policy processes”19. This has helped to educate the communities about their Human Rights especially on land and women issues.
Hodgson, Dorothy L., “Once Intrepid Warriors, Gender, Ethnicity, and the Cultural

Politics of Maasai Development”, 2001 . Gender issues are other challenging factors that affect success of development in pastoralist societies. Among the Maasai, male dominance is well pronounced. However, advocacy for women empowerment and Human Rights has given rise to different notions in the community. Among the Maasai of Tanzania, Dorothy Hodgson found out that “this story about competing visions of development highlights the centrality of gender to such differences and debates and the possibilities for reconciling contrasting demands”20. “But…like most development anecdotes, it masks a crucial element of the story – the long history of development interventions among Maasai”21. Many Maasai women have now started small self-help groups. These groups can help in bringing women empowerment and capacity building of their programmes.

Madsen,Andrew, “The Hadzabe of Tanzania; Land and Human Rights for a Hunter-Gatherer Community”, 2000. Many development agents and governments argue that Pastoralist and Hunter Gatherers destroy the ecology due to either hunting or herding. This book explains that the hunter-gatherers protect the environment. Likewise, the Maasai utilize the natural resources in a balance to allow regeneration of the bio diversity. “Like many nomadic and semi nomadic peoples, the Hadzabe leave little visible impact on their environment”22. “The fact that they leave little visible signs of their occupation and use of land the land is one of the reasons why neighbouring communities regard their land as open or unused lands”23. Maasailand is also seen as unused lands in Kenya. Other case studies across East Africa can help to explain the purpose of this study.

Leys, Colin, “The Rise and Fall of Development Theory”, 1996.
C.Leys argues that African countries especially Kenya embraced the capitalist economy and adopted the dependency theory for their development programs. Dependency theory “suggested that there were three seemingly insuperable obstacles to the development of Kenya under capitalism: (1) the structure of the colonial economy, which appeared unconducive to the efficient use of national resources but which were taken over largely intact by the incoming independent regime”24. Maasai land issues and resistant to change are related with the development theory adopted by the independent Kenya.

Materne, Yves, "The Indian Awakening in Latin America",1980. Apart from Kenya and East Africa effects of colonization are very similar. They can help this study to be able to relate the effects of colonization in native communities. According to Materne Yves, “if we study the history of our country’s colonization, we can understand better the nature of the settlers”25. The British colonized Kenya. The study of colonial Kenya can give insights on the history of Maasai development during this period and its impact on the community livelihood.

Ogendo,H.W.Okoth, “Tenants of the Crown; Evolution of Agrarian Law and Institutions in Kenya”,1991. Human Rights abuses among the Maasai of Kenya began after the 1904 1911 agreements between the Maasai and British colony. “By the first Agreement, the Maasai, acting through their ritual heads, allegedly agreed of their own free will that it was in their best interest to remove their people, flocks and herds into definite reservations away from any land open to European settlement, and to move to Laikipia”26. “Approximately 11,200 Maasai and over two million stock lost their land to 48 Europeans following this treaty”27. The effects of the Anglo Maasai treaties of 1904 and 1911 are still felt by this community today.Most problems associated with land originate from this treaties.

Posey, Daurell A. and Graham Dutfield,“Beyond Intellectual Property; Towards Traditional Resource Rights in Indigenous People and Local communities”, 1996.
Intellectual property rights have become an issue in the recent years. The author is putting forward issues raised by indigenous peoples who are arguing that researchers are studying their intellectual property and use it to benefit others without directly giving them back some of the benefits. “Knowledge and traditional resources are central to the maintenance of identity for indigenous peoples. Therefore, control over theses resources is of central concern in their struggle for self-determination”28. The term TRR has emerged to define the many bundles of rights that can be used for protection, compensation, and commservation”29. In Kenya, many tourist businesses use a lot of Maasai items such as portraits, cloth, and artwork to attract the tourists. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.
Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.
Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.
1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will change if oriented and approached in a way they feel is correct for them to go through. People and communities will also change as they adapt new ways of life finding the old ones as less meaningful anymore. Criticism will give them strength because they will ask the question as to why westerners or governments are interested in the practice, which they as a people knew it from generations as a good practice. “Westerns feminists’ discourses on sexuality are becoming incorporated into local anti (FGC) campaigns through out Africa, thus giving rise to new debates”57. “The way that outraged western women championed the issue has since been accused of leveling latent racism, intellectual neo-colonization … and efforts to eradicate (FGM) have been seen as an imperialistic intervention from meddling westerners of privilege”58. “Female circumcision has emerged as a test case for cultural relativism as scholars struggle with how to approach the issue intellectually, emotionally and morally” 59.
It seems that certain Non Governmental Organizations carrying out the campaigns against women circumcision therefore have other interests apart from eradication of the practice. Among the Maasai of Kenya, organizations such as German Development Cooperation (GTZ) work with the Ministry of Health in an effort to eradicate the practice. It has however identified certain areas of operations such as Narok District. It seems that other interests such as bio diversity and conservation have been used by this organization. But women issues as indicated by this research seem to be stepping-stone to the other interests. Development organizations therefore work in partnership with the government with the aim of bringing about development through different strategies. According to Hanny L. Klien, “Dr Fidiman, told her that “…he found the practice of circumcision totally indefensible on medical grounds and described some of the manifold consequences of the operation he encountered in his daily practice. Circumcision he said was absolutely hindering female emancipation and was preventing the development of the country”60. This can point out that such organizations as German Development Coorperation (GTZ) have other intentions apart from stopping female circumcision. “The connection on biological diversity requires its members to co –operate internationally in implementing measures for conservation and sustainable use of biological diversity as well as for the just and equitable sharing of benefits resulting from its use…Indigenous and local knowledge linked to these genetic resources have to be acknowledged and considered when searching for the sustainable use of the resources. As in many rural communities women are responsible for food supply for the families. Gender aspects related to traditional knowledge and participation within decision making processes have to be considered when working towards enhancing food security”61.
Since the Maasai woman is knowledgeable in environmental issues, organizations therefore try to use their unique knowledge of the biodiversity on medicinal plants and edible fruits to acquire the folk knowledge while they claim to sponsor as donors of women emancipation. “The economic integration of the world has also globalized its environmental problems. Environmental sins are having an impact beyond national frontiers. Solving them is up to the international community as a whole”62. By observation, the African woman of whom the Maasai woman is one of them is a hard worker and an educator. She educates the young children through story telling as well as taking them to the forest and teaches them the edible fruits and roots. To conserve the environment requires also many generations to be involved. Women traditionally educate the children. Involving the young ones therefore means empowering the co

PROBLÈME DE DÉVELOPPEMENT DE DROITS DE L'HOMME SE POSANT EN PARTICULIER AU PEUPLE AUTOCHTONE ! !
Automatically translated into French thanks to WorldLingo
1 fond 1.0

du CHAPITRE UN à la promotion
de droits de l'homme d'étude et développement sont des idéologies étrangères présentées en Afrique par l'ouest. « Puisque 1978 la banque mondiale, ainsi que d'autres donateurs, a été engagés dans un programme des activités connues sous le nom de dimensions sociales de `de l'ajustement' (SDA)… le véhicule en chef pour le prêt de pauvreté-allégement était d'être la pauvreté intégrée rurale du projet de développement (RIDP)… devait être allégé par la prolongation de haut en bas de verticale de la modernisation » 1 de `. La théorie de développement a été dérivée « pour voir pourquoi, il est utile de commencer par la vue de l'oeil d'un hibou de l'histoire humaine au cours des 10.000 dernières années ou ainsi puisque l'agriculture arrangée a commencé la première fois à remplacer la chasse et le rassemblement… l'arrivée du capitalisme aux quinzième et seizième siècles, cependant, et surtout l'arrivée du capitalisme industriel vers la fin du dix-huitième siècle, a forcé le fait du développement économique, social, politique et culturel humain sur l'attention » 2 des personnes.
Les théories de développement et les droits de l'homme, y compris le féminisme, ont rattrapé des gouvernements et des sociétés affectées au Kenya comme Maasai et Ogiek. Selon Leys, « la plupart des pays du tiers monde, alors, trouvés plus vulnérables cela à tout moment puisqu'ils ont été colonisés la première fois. Leurs économies étaient moins bonnes placées à prospèrent dans le nouveau marché global » 3. Ceci a signifié que ces communautés qui pratiquent toujours Nomadism et rassemblement de chasseur étaient plus mal vulnérable que l'état. Le socio - la vie politique et économique de ces communautés n'est pas encore compatible avec des théories de développement dans diverses manières. Il a également mené au conflit d'intérêt entre le développement, pastoralists et les communautés de Chasseur-collecte. C'est vrai parce que « le caractère du développement économique africain en vingt années de 1960 à 1980 est étrangement obscur. Ceci a beaucoup pour faire avec la taille et la diversité du continent » 4. « Pendant les années 50 et les années 60 plusieurs théories, connues sous le nom de théories de modernisation, étaient en avant en influençant la pensée développementale. Ces théories ont été fortement critiquées dans les années 70 et les années 80, mais elles semblent être résilientes et avoir réapparu dans de nouvelles apparences dans la poussée néo--libérale récente. Aujourd'hui, les gouvernements et les agences internationales favorisent des stratégies de développement basées selon un principe de marché libre et sur la rationalité économique dans leurs efforts vers soutenir la croissance économique et l'industrialisation. L'incident peut-être tracé à l'exécution des politiques de modernisation dans deux état-a commandité des projets de développement : programmes de développement pour les communautés marginales et la révolution verte » 5. Ceci a mené à un conflit d'intérêt entre le moderne et le traditionnel. Ce conflit peut être trouvé sous la forme de promotion d'existence sédentaire, d'éducation moderne, de questions de femmes et de systèmes de tenure de terre.
Cette recherche vise la discussion des questions qui a fait les communautés visées c.-à-d. le Maasai en particulier pour résister au changement. Vers la fin des années 70, il y avait la discussion kenyane, qui peut être reliée avec la situation du Maasai actuellement. La discussion « … était environ si le développement capitaliste est possible à la périphérie du système de capitaliste du monde. Cependant, « Rostow a conceptualisé le développement le long d'un continuum de changement historique sur lequel toute la société peut être située » 7. « Pour Rostow, toutes les sociétés de développement ont dû passer par cinq étapes traditionnelles, pré décoller, décollage, la commande à la maturité et la société » 8 de consommations de la masse. Se reflétant à la discussion kenyane, Maasai avaient dépendu la plupart du temps de la nourriture de soulagement quand des éliminations de sécheresse la majeure partie de leur bétail. Le Maasai également n'ont jamais développé de nouvelles manières de relever les défis provoqués par les calamités normales. C'est parce que, l'agent de changement n'ont pas fait participer la communauté dans la planification, mettant en application et décidant de la ligne de conduite.
De « autres théoriciens de modernisation regardent simplement le processus de la modernisation comme transformation de la société traditionnelle dans la société moderne invariablement représentée par les nations occidentales » 9. « Au cours de la dernière décennie, beaucoup de gouvernements africains ont pris des mesures de grande envergure de réforme de favoriser la croissance économique rapide et de renforcer leurs liens avec l'économie globale. Aidé par les institutions financiers international comprenant le groupe africain de la banque de développement (ADB), la grande majorité de pays africains ont mis en application le divers ajustement et programmes structuraux » 10 de réforme de politique. Comme les nations africaines, la plupart des communautés de pastoralist ont maintenant commencé à se pencher en main des sorties à partir du gouvernement et des programmes de développement. Les Communautés ont perdu la direction de vie par la confusion présentée par les nouvelles politiques de gouvernement pour le changement. Les « critiques et les radicaux remettent en cause les relations de l'inégalité globale et de la dominance culturelle implicites dans l'idée du développement elle-même. Les agences pour le développement international consacrent leurs processus de politique au développement mettant à jour constamment et reframing afin d'étayer leur légitimité dans un environnement politique en cours d'évolution rapide » 11. Les agences de développement telles que le département du développement international (DFID) mettent beaucoup d'énergie de trouver un nouveau foyer et une légitimité politique dans le but international de réduire la pauvreté, la participation et l'association aussi bien que les droits et la démocratie du citoyen. Le développement de politique pour un développement global contrôlé par bien est un facteur principal maintenant » 12.

1.1 Rapport de problème.
· Les droits de l'homme et le développement a convaincre moins la signification pour le changement par les sociétés africaines de cible telles que des Chasseur-Ramasseurs et Pastoralists nomade. À la différence des pratiques culturelles, la vue de Maasai ces questions comme tour d'emporter la terre et d'être à l'avant-garde la perte de pratiques culturelles, qui seraient vers l'arrière par des agents de développement.
· Un autre problème est le manque de participation de la communauté dans la prise de décision, des projets d'exécution et de planification tels que le reclassement, un enseignement conventionnel et des questions de femmes qui incluent l'habilitation. Ceci a mené à la dépendance et au sous-développement.
· Les paradigmes de domination de développement n'adaptent pas au nomade et au chasseur recueillant des sociétés à leurs ordres du jour de développement, politiques de développement et pensée traditionnels. Certaines des raisons de ceci sont parce que, « la langue de la rhétorique de développement et l'écriture change rapidement. La réalité de la pratique en matière de développement traîne derrière la langue » 13. Les politiques ne favorisent pas les modes de la vie du Maasai.

1.2 Objectifs de ceci étude.
a) Pour conduire une analyse complète de la situation de développement du Maasai du Kenya avec une certaine référence des études de cas dans d'autres sociétés de pastoralists, ramasseurs de chasseur et accomplissements nomades du développement depuis les années 60 dans ces communautés.
b) Pour analyser en critique la situation du Maasai du Kenya sur les questions de droits de l'homme et les barrières qui gênent le changement des questions de genre, le mode de la vie et les pratiques culturelles. .
c) Pour entreprendre l'analyse détaillée des études de cas des programmes de développement pour identifier les meilleures pratiques avec un sens d'éviter des violations de droits de l'homme aussi bien que la fabrication d'une documentation des données disponibles sur des questions et le développement de droits de l'homme.
d) Pour identifier les liens qui peuvent aider expatrient et les agents de gouvernement pour employer la connaissance folklorique de Maasai projets pour réaliser leur recommandation de développement et de droits de l'homme.

1.3 REVUE de LITTÉRATURE
foyers de cette revue de littérature sur de diverses discussions sur le domaine des droits de l'homme et du développement faisant face en particulier aux communautés de Pastoralist et spécifiquement le Maasai du Kenya. Le développement a été présenté en Afrique de l'Est par les puissances coloniales. Les différentes communautés ont reçu le développement dans diverses manières. D'autres communautés ont eu des attitudes négatives selon la façon dont elles l'ont perçu et sur la façon dont les applicateurs ont présenté la pratique. Cette étude emploie la revue pour provoquer les lacunes qui a mené aux divers problèmes qui a fait face au champ du développement et des droits de l'homme parmi le Maasai. Il visera également à accentuer certaines des raisons saillantes des attitudes envers ces questions du développement et des droits de l'homme. Des études de cas d'autres régions du monde seront également passées en revue.
Bodley, John H., « anthropologie et problèmes humains contemporains », 2001.
Ce livre se concentre sur les questions contemporaines affectant des cultures du monde et aide le lecteur à comprendre sa position sur l'échelle globale. Les problèmes culturels courants mènent au conflit d'intérêts à l'une ou l'autre communauté. Ces cultures peuvent être décrites en tant que petite échelle, la grande échelle qui est balance politique et globale en termes de film publicitaire. Ces types de cultures mènent à être en conflit pendant que les communautés et tout autre ordre social essayent de chercher pour la survie.
J.Bodley discute, « en plus d'établir une adaptation réussie à l'environnement normal, chaque société humaine doit maintenir un certain niveau minimal d'ordre et de sécurité internes pour survivre. Le problème social d'ordre a changé encore avec l'apparition récente de la culture globalement organisée parce que la balance de la puissance d'élite est devenue plus grande que lointain n'importe quelle civilisation antique » 14. La culture d'élite davantage est exposée par enseignement conventionnel et est bien organisée. D'autres communautés ethniques indépendamment du Maasai par exemple ne partagent pas la culture de Maasai. L'Access à l'information moderne est donc un grand défi au Maasai.

Bodley, John. H, « victimes de progrès », 1999.
En ce livre, J.Bodley décrit certaines des raisons pour lesquelles certaines communautés maintiennent leur culture. L'environnement et d'autres ressources naturelles les limitent d'adapter un mouvement rapide de développement pour de nouveaux changements. Dans les relations à cette étude, le Maasai avaient également résisté au changement dû aux conséquences qui les a rencontrées en cours de changement. Les nouveaux modes des vies présentées à elles encouragent plus de pauvreté. « La perte d'autonomie économique est stimulée par conquête politique parce que les groupes indigènes doivent maintenir le contrôle de leurs ressources afin de demeurer » 15 autosuffisants. Historiquement, le peuple autochtone n'a pas été les victimes passives de l'expansion par les cultures à grande échelle. Le développement récent le plus prometteur était l'apparition du 4peoples indigène' mouvement d'autodétermination pendant les années 70 » 16. Le Maasai du Kenya a cependant joint ce mouvement dans les années 90, car l'étude montrera plus tard.

Brezinger, Mathias, « le Mukokodo Maasai : une enquête d'Ethnobotanical », 1995.The Maasai aiment tout autre. La société de Pastoralist dépend principalement du pâturage et de l'eau pour la survie de leur bétail, qui est l'épine dorsale de leur vie. Maasai emploient également des usines pour la nourriture. Mais, la plupart des usines sont signifiées pour le bétail. « Seulement de petites minorités de ces plantes ne sont mises à aucune utilisation » 17. En raison de l'aridité de l'environnement où le Maasai de phase, ils doivent se déplacer afin de soutenir leur bétail. Des usines sont également employées pour des constructions de maison sélectivement. « La construction des maisons exige une connaissance spécifique au sujet des qualités de différents genres de bois et de leur longévité pendant qu'ils devraient durer pendant longtemps » 18. Le développement devrait donc considérer la connaissance folklorique du Maasai si des résultats soutenables sont visés.

Gillis Nancy et Sean Southey, « nouvelles stratégies pour le développement, un dialogue de la Communauté pour rencontrer les buts de développement de millénium », 2005. Ce livre propose les questions qui ont mené à la variation de paradigme dans le développement. Beaucoup de programmes de développement ont été commencés dans les communautés telles que le Maasai dans beaucoup de différentes régions du Kenya où ces personnes vivent. Cependant, la plupart des projets de développement ont échoué. Les gouvernements et les associés de développement essayent d'atteindre le développement soutenable par la participation et de diriger la participation par les communautés. Parmi les questions pour le succès est la participation dans le développement de politique. Gillis discute, « les terrains communaux de la Communauté ont utilisé l'expertise significative et la capacité d'un mouvement divers et grandissant des bases et d'une représentation indigène de la communauté dans la politique internationale traite » 19. Ceci a aidé à instruire les communautés au sujet de leurs droits de l'homme particulièrement sur des questions de terre et de femmes.
Hodgson, Dorothy L., « guerriers une fois intrépides, genre, appartenance ethnique, et la politique

culturelle du développement de Maasai », 2001. Les questions de genre sont d'autres facteurs provocants qui affectent le succès du développement dans des sociétés de pastoralist. Parmi le Maasai, la dominance masculine est bien prononcée. Cependant, la recommandation pour l'habilitation de femmes et les droits de l'homme a provoqué différentes notions dans la communauté. Parmi le Maasai de la Tanzanie, Dorothy Hodgson a découvert que « cette histoire au sujet des visions de concurrence du développement accentue la centralité du genre à de telles différences et les discussions et les possibilités pour réconcilier contraster exige » 20. « Mais… comme la plupart des anecdotes de développement, il masque un élément crucial de l'histoire - la longue histoire des interventions de développement parmi Maasai » 21. Beaucoup de femmes de Maasai ont maintenant commencé de petits groupes de débrouillardise. Ces groupes peuvent aider en apportant à des femmes le bâtiment d'habilitation et de capacité de leurs programmes.

Madsen, Andrew, « le Hadzabe de la Tanzanie ; Terre et droits de l'homme pour une Communauté de Chasseur-Ramasseur », 2000. Beaucoup d'agents et gouvernements de développement arguent du fait que Pastoralist et ramasseurs de chasseur détruisent l'écologie due à la chasse ou à vivre en troupe. Ce livre explique que les chasseur-ramasseurs protègent l'environnement. De même, le Maasai utilisent les ressources naturelles dans un équilibre pour permettre la régénération de la bio diversité. « Comme beaucoup de peuples nomades nomades et de semi-finale, le congé de Hadzabe peu d'impact évident sur leur environnement » 22. « Le fait qu'ils partent de petits signes évidents de leur métier et d'utilisation de la terre la terre est l'une des raisons pour lesquelles les communautés voisines considèrent leur terre comme les terres ouvertes ou inutilisées » 23. Maasailand est également vu en tant que terres inutilisées au Kenya. D'autres études de cas à travers l'Afrique de l'Est peuvent aider à expliquer le but de cette étude.

Leys, Colin, « l'élévation et l'automne de la théorie de développement », 1996.
C.Leys argue du fait que les pays africains particulièrement Kenya ont embrassé l'économie capitaliste et ont adopté la théorie de dépendance pour leurs programmes de développement. La théorie de dépendance « a suggéré qu'il y ait eu trois obstacles apparemment insurmontables au développement du Kenya sous le capitalisme : (1) la structure de l'économie coloniale, qui a semblé unconducive à l'utilisation efficace des ressources nationales mais qui ont été succédés en grande partie intact par le régime indépendant entrant » 24. Des questions de terre de Maasai et résistants au changement sont reliés avec la théorie de développement adoptée par le Kenya indépendant.

Materne, Yves, « le réveil indien en Amérique latine », 1980. Indépendamment des effets du Kenya et de l'Afrique de l'Est de colonisation soyez très semblable. Ils peuvent aider cette étude pour pouvoir relier les effets de la colonisation dans les communautés indigènes. Selon Materne Yves, « si nous étudions l'histoire de la colonisation de notre pays, nous pouvons comprendre mieux la nature des colons » 25. Les Anglais ont colonisé le Kenya. L'étude du Kenya colonial peut donner des perspicacités sur l'histoire du développement de Maasai pendant cette période et son impact sur la vie de la communauté.

Ogendo, H.W.Okoth, « locataires de la couronne ; Évolution de loi et d'établissements agraires au Kenya », 1991. Les abus de droits de l'homme parmi le Maasai du Kenya ont commencé après les 1904 1911 accords entre le Maasai et la colonie britannique. « Par le premier accord, le Maasai, agissant par leurs têtes rituelles, prétendument convenues de leur propre volonté libre qu'elle était dans leur meilleur intérêt d'enlever leurs personnes, des bandes et des troupeaux dans des réservations définies loin de n'importe quelle terre ouvrez-vous au règlement européen, et au mouvement à Laikipia » 26. « Approximativement 11.200 Maasai et plus de deux millions d'actions ont perdu leur terre à 48 Européens suivant ce traité » 27. Les effets des traités anglo de Maasai de 1904 et de 1911 sont encore sentis par cette communauté aujourd'hui. La plupart des problèmes se sont associés à la terre proviennent du ce des traités.

Posey, Daurell A. et Graham Dutfield, « au delà de propriété intellectuelle ; Vers la ressource traditionnelle juste dans le peuple autochtone et les communautés locales », 1996.
Les droites de propriété intellectuelle sont devenues une question en années récentes. L'auteur propose des questions augmentées par le peuple autochtone qui arguent du fait que les chercheurs étudient leur propriété intellectuelle et l'emploient pour bénéficier d'autres sans leur donner directement en arrière certains des avantages. La « connaissance et les ressources traditionnelles sont centrales à l'entretien de l'identité pour le peuple autochtone. , Commandez par conséquent les thèses finies que les ressources est concernées central dans leur lutte pour l'autodétermination » 28. La limite TRR a émergé pour définir les nombreux paquets de droites qui peuvent être employées pour la protection, la compensation, et le commservation » 29. Au Kenya, beaucoup d'entreprises de touristes emploient beaucoup d'articles de Maasai tels que les portraits, le tissu, et le dessin-modèle d'attirer les touristes. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “…

¡PROBLEMA DEL DESARROLLO DE LOS DERECHOS HUMANOS QUE HACE FRENTE PARTICULARMENTE A LA GENTE INDÍGENA!!
Automatically translated into Spanish thanks to WorldLingo
1 fondo 1.0

del CAPÍTULO UNO a la promoción
de los derechos humanos del estudio y el desarrollo son ideologías extranjeras introducidas a África por el oeste. “Puesto que 1978 el banco mundial, junto con otros donantes, se ha contratado a un programa de las actividades conocidas como dimensiones sociales del `del ajuste' (SDA)… el principal vehículo para el préstamos del pobreza-aligeramiento era ser la pobreza integrada rural del proyecto del desarrollo (RIDP)… debía ser aliviado por la extensión hacia abajo de la vertical de la modernización” 1 del `. La teoría del desarrollo fue derivada “para considerar porqué, es útil comenzar con la opinión del ojo de un buho de la historia humana sobre los últimos 10.000 años o tan puesto que la agricultura colocada primero comenzó a substituir la caza y reunión… el advenimiento del capitalismo en los décimo quintos y décimosextos siglos, sin embargo, y sobretodo el advenimiento del capitalismo industrial en el último décimo octavo siglo, forzó el hecho del desarrollo económico, social, político y cultural humano en la atención” 2 de la gente.
Las teorías del desarrollo y los derechos humanos, incluyendo feminismo, han alcanzado a gobiernos y a sociedades afectadas en Kenia como Maasai y Ogiek. Según Leys, “la mayoría de los cteres del Tercer Mundo, entonces, encontrados más vulnerables eso en cualquier momento puesto que primero fueron colonizados. Sus economías estaban las lo más menos posible bien puestas a prosperan en el nuevo mercado global” 3. Esto significó que esas comunidades que todavía practican Nomadism y reunión del cazador era peor vulnerable que el estado. El socio - el sustento político y económico de estas comunidades no es todavía compatible con teorías del desarrollo de varias maneras. También ha conducido al conflicto del interés entre el desarrollo, pastoralists y las comunidades de la Cazador-acopio. Esto es verdad porque “el carácter del desarrollo económico africano en los veinte años a partir de 1960 al an o 80 es extraño obscuro. Esto tiene mucho hacer con el tamaño y la diversidad del continente” 4. “Durante los años 50 y los años 60 varias teorías, conocidas como teorías de la modernización, eran prominentes en influenciar el pensamiento de desarrollo. Estas teorías fueron criticadas pesadamente en los años 70 y los años 80, pero se parecen ser resistentes y haber reaparecido en nuevos modos en el empuje neo-liberal reciente. Hoy, los gobiernos y las agencias internacionales promueven las estrategias del desarrollo basadas en un libre - ponga el principio y en racionalidad económica en sus esfuerzos hacia sostener desarrollo económico y la industrialización. El incidente remontó quizá a la puesta en práctica de las políticas de la modernización en dos proyectos estado-patrocinados del desarrollo: programas de desarrollo para las comunidades marginales y la revolución verde” 5. Esto ha conducido a un conflicto del interés entre el moderno y el tradicional. Este conflicto se puede encontrar en la forma de promoción de la existencia sedentaria, de la educación moderna, de las ediciones de las mujeres y de los sistemas del arrendamiento de la tierra.
Esta investigación tiene como objetivo el discutir de ediciones que ha hecho a comunidades apuntadas es decir. el Maasai particularmente para resistir el cambio. En los últimos años 70, había el discusión de Kenyan, que se puede relacionar con la situación del Maasai actualmente. El discusión “… era alrededor si el desarrollo capitalistic es posible en la periferia del sistema del capitalista del mundo. Sin embargo, “Rostow conceptuó el desarrollo a lo largo de una serie continua de cambio histórico sobre la cual toda la sociedad puede ser situada” 7. “Para Rostow, todas las sociedades del desarrollo tuvieron que pasar a través de cinco etapas tradicionales, pre sacar, de despegue, de la impulsión a la madurez y de la sociedad” 8 de las consumiciones de la masa. Reflejando al discusión de Kenyan, Maasai ha estado dependiendo sobre todo del alimento de la relevación cuando la sequía limpia hacia fuera la mayor parte de su ganado. El Maasai también nunca ha desarrollado nuevas maneras de resolver los desafíos causados por las calamidades naturales. Esto es porque, el agente del cambio no ha implicado a comunidad en el planeamiento, poniendo en ejecución y decidiendo sobre la línea de conducta.
“Otros teóricos de la modernización ven simplemente el proceso de la modernización como la transformación de la sociedad tradicional en la sociedad moderna representada invariable por las naciones occidentales” 9. “En el curso de la década pasada, muchos gobiernos africanos han tomado medidas de gran envergadura de la reforma de promover desarrollo económico rápido y de consolidar sus acoplamientos con la economía global. Asistido por las instituciones financieras internacionales incluyendo el grupo africano del banco de desarrollo (ADB), la gran mayoría de países africanos ha puesto el varios ajuste y programas estructurales” 10 de la reforma en ejecución de la política. Como las naciones africanas, la mayoría de las comunidades del pastoralist ahora han comenzado a inclinarse en salidas de la mano del gobierno y de los programas de desarrollo. Las comunidades han perdido la dirección del sustento con la confusión introducida por las nuevas políticas del gobierno para el cambio. Los “críticos y los radicales preguntan las relaciones de la desigualdad global y de la dominación cultural implicadas en la idea del desarrollo sí mismo. Las agencias para el desarrollo internacional dedican sus procesos de la política al desarrollo constantemente que revisa y reframing para puntear su legitimidad en un ambiente político que cambia rápido” 11. Las agencias del desarrollo tales como departamento del desarrollo internacional (DFID) están poniendo muchos de energía de encontrar un nuevo foco y una legitimidad política en la meta internacional de reducir pobreza, la participación y la sociedad así como las derechas y la democracia del ciudadano. El desarrollo de política para un desarrollo global manejado pozo ahora es un factor dominante” 12.

1.1 Declaración del problema.
· Los derechos humanos y el desarrollo tiene menos convencimiento del significado para el cambio al lado de las sociedades africanas de la blanco tales como Cazador-Gatherers y Pastoralists nómada. Desemejante de prácticas culturales, de la opinión de Maasai estas ediciones como truco de quitar la pérdida de la tierra y de la punta de lanza de prácticas culturales, que serían al revés por los agentes del desarrollo.
· Otro problema es la carencia de la implicación de la comunidad en la toma de decisión, los proyectos de la puesta en práctica y del planeamiento tales como restablecimiento, la enseñanza convencional y las ediciones de las mujeres que incluyen el empowerment. Esto ha conducido a la dependencia y al sub-revelado.
· Los paradigmas dominantes del desarrollo no acomodan a nómada y a cazador que recolectan a sociedades en sus agendas del desarrollo, políticas de desarrollo y pensamiento de corriente. Algunas de las razones de esto son porque, “la lengua del retórico del desarrollo y la escritura cambia rápidamente. La realidad de la práctica del desarrollo se retrasa detrás de la lengua” 13. Las políticas no favorecen los modos de la vida del Maasai.

1.2 Objetivos de esto estudio.
a) Para conducir un análisis comprensivo de la situación del desarrollo del Maasai de Kenia con una cierta referencia de los estudios de caso en otras sociedades de los pastoralists, gatherers del cazador y logros nómadas del desarrollo desde los años 60 en estas comunidades.
b) Analizar críticamente la situación del Maasai de Kenia en las ediciones de los derechos humanos y las barreras que obstaculizan el cambio en ediciones del género, el modo de la vida y prácticas culturales. .
c) Para emprender el análisis profundizado de los estudios de caso de los programas de desarrollo para identificar las mejores prácticas con un sentido de evitar violaciones de los derechos humanos así como la fabricación de una documentación de datos disponibles en ediciones y el desarrollo de los derechos humanos.
d) Para identificar los acoplamientos que pueden ayudar se expatrian y los agentes del gobierno para utilizar el conocimiento popular de Maasai para alcanzar proyectos de su defensa del desarrollo y de los derechos humanos.

1.3 REVISIÓN de la LITERATURA
focos de esta revisión de la literatura en varias discusiones sobre el área de derechos humanos y del desarrollo que hacen frente particularmente a las comunidades de Pastoralist y específicamente el Maasai de Kenia. El desarrollo fue introducido a la África del Este por las energías coloniales. Diversas comunidades recibieron el desarrollo de varias maneras. Otras comunidades tenían actitudes negativas dependiendo de cómo lo percibieron y en cómo los ejecutores introdujeron la práctica. Este estudio utiliza la revisión para causar los boquetes que ha conducido a los varios problemas que ha hecho frente al campo del desarrollo y de los derechos humanos entre el Maasai. También tendrá como objetivo el destacar de algunas de las razones salientes de las actitudes hacia estas aplicaciones el desarrollo y los derechos humanos. Los estudios de caso de otras partes del mundo también serán repasados.
Bodley, Juan H., “antropología y problemas humanos contemporáneos”, 2001.
Este libro se está centrando en las ediciones contemporáneas que afectan culturas del mundo y ayuda al lector a entender su posición respecto a la escala global. Los problemas culturales actuales conducen al conflicto de intereses a cualquier comunidad. Estas culturas se pueden ofrecer como escala pequeña, la escala grande que es escala política y global en términos de anuncio. Estos tipos de culturas conducen para estar en conflicto mientras que las comunidades y la otra orden social intentan buscar para la supervivencia.
J.Bodley discute, “además de establecer una adaptación acertada al ambiente natural, cada sociedad humana debe mantener cierto nivel mínimo de la orden y de la seguridad internas para sobrevivir. El problema social de la orden cambió otra vez con la aparición reciente de la cultura global organizada porque la escala de la energía de la élite se convirtió en mayor que lejano cualquier civilización antigua” 14. La cultura de la élite es expuesta más por la enseñanza convencional y organizada bien. Otras comunidades étnicas aparte de el Maasai por ejemplo no comparten la cultura de Maasai. El acceso a la información moderna es por lo tanto un desafío grande al Maasai.

Bodley, Juan. H, “víctimas del progreso”, 1999.
En este libro, J.Bodley contornea algunas de las razones por las que ciertas comunidades mantienen su cultura. El ambiente y otros recursos naturales los limitan de adaptar un movimiento rápido del desarrollo para los nuevos cambios. En relaciones a este estudio, el Maasai también ha estado resistiendo el cambio debido a las consecuencias que las ha encontrado en curso de cambio. Los nuevos modos de los sustentos introducidos a ellos animan más pobreza. “La pérdida de autonomía económica es fomentada por conquista política porque los grupos indígenas deben mantener control sobre sus recursos para seguir siendo” 15 autosuficientes. Históricamente, la gente indígena no ha sido víctimas pasivas de la extensión por las culturas en grande. El desarrollo reciente más prometedor era la aparición del 4peoples indígena' movimiento de la autodeterminación durante los años 70” 16. El Maasai de Kenia sin embargo ensambló este movimiento en los años 90, pues el estudio demostrará más adelante.

Brezinger, Mathias, “el Mukokodo Maasai: una encuesta sobre Ethnobotanical”, 1995.The Maasai tiene gusto de cualquier otro. La sociedad de Pastoralist depende principalmente de pasto y del agua para la supervivencia de su ganado, que es la espina dorsal de su sustento. Maasai también utiliza las plantas para el alimento. Pero, la mayor parte de las plantas se significan para el ganado. “Solamente no ponen a las minorías pequeñas de estas plantas a ningún uso” 17. Debido al aridity del ambiente donde el Maasai vivo, ellos tiene que moverse para sostener su ganado. Las plantas también se utilizan para las construcciones de la casa selectivamente. “La construcción de casas requiere un conocimiento específico sobre las calidades de diversas clases de madera y de su durabilidad mientras que deben durar durante mucho tiempo” 18. El desarrollo debe por lo tanto considerar el conocimiento popular del Maasai si se dirigen los resultados sostenibles.

Gillis Nancy y Sean Southey, “nuevas estrategias para el desarrollo, un diálogo de la comunidad para satisfacer las metas del desarrollo del milenio”, 2005. Este libro propone las ediciones que han conducido a la cambio del paradigma en el desarrollo. Muchos programas de desarrollo se han comenzado en comunidades tales como el Maasai en muchas diversas partes de Kenia en donde vive esta gente. Sin embargo, la mayor parte de los proyectos del desarrollo han fallado. Los gobiernos y los socios del desarrollo están intentando lograr el desarrollo sostenible con la implicación y dirigir la participación de las comunidades. Entre las ediciones para el éxito está la implicación en el desarrollo de política. Gillis discute, “los campos comunes de la comunidad utilizaron la maestría significativa y la capacidad de un movimiento diverso, cada vez mayor de pueblos y de una representación indígena de la comunidad dentro de la política internacional procesa” 19. Esto ha ayudado a educar a las comunidades sobre sus derechos humanos especialmente en ediciones de la tierra y de las mujeres.
Hodgson, Dorothy L., “guerreros una vez intrépidos, género, pertenencia étnica, y la política

cultural del desarrollo de Maasai”, 2001. Las ediciones del género son otros factores desafiadores que afectan el éxito del desarrollo en sociedades del pastoralist. Entre el Maasai, la dominación masculina se pronuncia bien. Sin embargo, la defensa para el empowerment de las mujeres y los derechos humanos ha dado lugar a diversas nociones en la comunidad. Entre el Maasai de Tanzania, Dorothy Hodgson descubrió que “esta historia sobre visiones competentes del desarrollo destaca el centrality del género a tales diferencias y los discusiones y las posibilidades de reconciliar poner en contraste exigen” 20. “Pero… como la mayoría de los anecdotes del desarrollo, enmascara un elemento crucial de la historia - la historia larga de las intervenciones del desarrollo entre Maasai” 21. Muchas mujeres de Maasai ahora han comenzado a grupos pequeños del esfuerzo personal. Estos grupos pueden ayudar en traer a mujeres el edificio del empowerment y de la capacidad de sus programas.

Madsen, Andrew, “el Hadzabe de Tanzania; Tierra y derechos humanos para una comunidad del Cazador-Gatherer”, 2000. Muchos agentes y gobiernos del desarrollo discuten que Pastoralist y los Gatherers del cazador destruyan la ecología debido a la caza o a la reunión. Este libro explica que los cazador-gatherers protegen el ambiente. Asimismo, el Maasai utiliza los recursos naturales en un equilibrio para permitir la regeneración de la bio diversidad. “Como mucha gente nómada y semi nómada, la licencia de Hadzabe poco impacto visible en su ambiente” 22. “El hecho de que salen de pequeñas muestras visibles de su ocupación y del uso de la tierra la tierra es una de las razones por las que las comunidades vecinas miran su tierra como tierras abiertas o inusitadas” 23. Maasailand también se ve como tierras inusitadas en Kenia. Otros estudios de caso a través de la África del Este pueden ayudar a explicar el propósito de este estudio.

Leys, Colin, “la subida y la caída de la teoría del desarrollo”, 1996.
C.Leys discute que los países africanos especialmente Kenia abrazaran la economía de capitalista y adoptaran la teoría de la dependencia para sus programas de desarrollo. La teoría de la dependencia “sugirió que hubiera tres obstáculos aparentemente insuperables al desarrollo de Kenia bajo capitalismo: (1) la estructura de la economía colonial, que aparecían unconducive al uso eficiente de los recursos nacionales pero que fueron asumidos el control en gran parte intacto por el régimen independiente entrante” 24. Las ediciones de la tierra de Maasai y resistentes al cambio se relacionan con la teoría del desarrollo adoptada por el Kenia independiente.

Materne, Yves, “el despertar indio en América latina”, el an o 80. Aparte de los efectos de Kenia y de la África del Este de la colonización sea muy similar. Pueden ayudar a este estudio para poder relacionar los efectos de la colonización en comunidades nativas. Según Materne Yves, “si estudiamos la historia de la colonización de nuestro país, podemos entender mejor la naturaleza de los colonos” 25. Los Británicos colonizaron Kenia. El estudio de Kenia colonial puede dar penetraciones en la historia del desarrollo de Maasai durante este período y su impacto en el sustento de la comunidad.

Ogendo, H.W.Okoth, “arrendatarios de la corona; Evolución de la ley y de las instituciones agrarias en Kenia”, 1991. Los abusos de los derechos humanos entre el Maasai de Kenia comenzaron después de los 1904 1911 acuerdos entre el Maasai y la colonia británica. “Por el primer acuerdo, el Maasai, actuando a través de sus cabezas rituales, alegado convenidas de su propia voluntad libre que estaba en su mejor interés de quitar a su gente, las multitudes y las manadas en reservaciones definidas lejos de cualquier tierra ábrase en el establecimiento europeo, y en el movimiento en Laikipia” 26. “Aproximadamente 11.200 Maasai y sobre dos millones de acción perdieron su tierra a 48 europeos que seguían este tratado” 27. Los efectos de los tratados Anglo de Maasai de 1904 y 1911 todavía son sentidos por esta comunidad hoy. La mayoría de los problemas se asociaron a la tierra originan de este tratados.

Posey, Daurell A. y Graham Dutfield, “más allá de la característica intelectual; Hacia recurso tradicional endereza en la gente indígena y comunidades locales”, 1996.
Las derechas de característica intelectual se han convertido en una edición en los años recientes. El autor está proponiendo las ediciones planteadas por la gente indígena que está discutiendo que los investigadores están estudiando su característica intelectual y la utilizan para beneficiar otras sin directamente darles detrás algunas de las ventajas. El “conocimiento y los recursos tradicionales son centrales al mantenimiento de la identidad para la gente indígena. Por lo tanto, controle las tesis excesivas que los recursos están de preocupación central en su lucha por la autodeterminación” 28. El término TRR ha emergido para definir los muchos paquetes de las derechas que se pueden utilizar para la protección, la remuneración, y el commservation” 29. En Kenia, muchos negocios turísticos utilizan muchos de los artículos de Maasai tales como retratos, paño, e ilustraciones de atraer a los turistas. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will change if

PROBLEMA DI SVILUPPO DI DIRITTI DELL'UOMO CHE AFFRONTA SPECIALMENTE LA GENTE INDIGENA!!
Automatically translated into Italian thanks to WorldLingo
1 priorità bassa 1.0

di CAPITOLO UNO alla promozione
di diritti dell'uomo di studio e lo sviluppo sono le ideologie straniere introdotte in Africa dall'ovest. “Poiché 1978 la banca del mondo, insieme ad altri donatori, sono stati agganciati in un programma delle attività conosciute come le dimensioni sociali del `di registrazione' (SDA)… il veicolo principale per il prestito di povertà-alleviamento era di essere la povertà integrata rurale di progetto di sviluppo (RIDP)… doveva essere alleviato dall'estensione in discesa di verticale di ammodernamento„ 1 del `. La teoria di sviluppo è stata derivata “per vedere perchè, è utile da cominciare con la vista dell'occhio del gufo di storia umana in questi ultimi 10.000 anni o così poiché l'agricoltura depositata in primo luogo ha cominciato a sostituire la caccia e riunione… l'avvenimento del capitalismo nei quindicesimi e sedicesimi secoli, tuttavia e soprattutto l'avvenimento del capitalismo industriale verso la fine del diciottesimo secolo, ha forzato il fatto di sviluppo economico, sociale, politico e culturale umano sull'attenzione„ 2 della gente.
Le teorie di sviluppo ed i diritti dell'uomo, compreso feminism, hanno sorpassato i governi e le società influenzate nel Kenia come Maasai e Ogiek. Secondo Leys, “la maggior parte dei paesi di terzo mondo, allora, trovati più vulnerabili quello in qualunque momento poiché in primo luogo sono stati colonizzati. Le loro economie erano il più minimo buono disposte a prosperano in nuovo di mercato globale„ 3. Ciò ha significato che quelle Comunità che ancora si esercitano in Nomadism e riunione del cacciatore era più male vulnerabile che il dichiarare. Il socio - la vita politica ed economica di queste Comunità non è ancora compatibile con le teorie di sviluppo in vari sensi. Inoltre ha condotto al conflitto di interesse fra sviluppo, i pastoralists e le Comunità di Cacciatore-riunione. Ciò è allineare perché “il carattere di sviluppo economico africano durante i venti anni da 1960 a 1980 è sconosciuto oscuro. Ciò ha molto fare con il formato e la diversità del continente„ 4. “Durante gli anni 50 e gli anni 60 parecchie teorie, conosciute come le teorie di ammodernamento, erano prominenti nell'influenza pensare inerente allo sviluppo. Queste teorie sono state criticate pesante negli anni 70 e negli anni 80, ma sembrano essere resilienti e riapparire nelle nuove apparenze nella spinta neo-liberale recente. Oggi, i governi e le agenzie internazionali promuovono le strategie di sviluppo basate su un libero - introduca il principio sul mercato e sulla razionalità economica nelle loro attività verso il sostenimento lo sviluppo economico e dell'industrializzazione. L'avvenimento forse ha seguito all'esecuzione delle politiche di ammodernamento in due progetti dichiarare-patrocinati di sviluppo: programmi di sviluppo per le Comunità marginali e la rivoluzione verde„ 5. Ciò ha condotto ad un conflitto di interesse fra il moderno ed il tradizionale. Questo conflitto può essere trovato nella forma della promozione dell'esistenza sedentary, della formazione moderna, delle edizioni delle donne e dei sistemi di possesso della terra.
Questa ricerca punta su discutere le edizioni che ha fatto le Comunità designate cioè. il Maasai in particolare per resistere al cambiamento. Verso la fine degli anni 70, ci era il dibattito keniano, che può essere riferito attualmente con la situazione del Maasai. Il dibattito “… era circa se lo sviluppo capitalistic è possibile alla periferia del sistema del capitalista del mondo. Tuttavia, “Rostow ha concettualizzato lo sviluppo lungo una continuità di cambiamento storico su cui tutta la società può essere situata„ 7. “Per Rostow, tutte le società di sviluppo hanno dovuto passare attraverso cinque fasi tradizionali, pre togliere, il decollo, l'azionamento alla maturità e la società„ 8 dei consumi della massa. Riflettendo al dibattito keniano, Maasai sta dipendendo principalmente dall'alimento di rilievo quando eliminazioni di siccità la maggior parte del loro bestiame. Il Maasai inoltre non ha sviluppato mai i nuovi sensi di venire a contatto delle sfide causate dalle calamità naturali. Ciò è perché, l'agente del cambiamento non ha fatto partecipare la Comunità nella progettazione, effettuante e decidente della linea di condotta.
“Altri teorici di ammodernamento osservano semplicemente il processo di ammodernamento come la trasformazione della società tradizionale nella società moderna rappresentata invariabilmente dalle nazioni occidentali„ 9. “Nel corso di ultima decade, molti governi africani hanno approntato le misure ampie di riforma promuovere lo sviluppo economico veloce e rinforzare i loro collegamenti con l'economia globale. Aiutato dalle istituzioni finanziarie internazionali compreso il gruppo africano della banca di sviluppo (ADB), la maggioranza grande dei paesi africani ha effettuato la vari registrazione e programmi strutturali„ 10 di riforma di politica. Come le nazioni africane, la maggior parte delle Comunità di pastoralist ora hanno cominciato appoggiare a disposizione ai outs dal governo e dai programmi di sviluppo. Le Comunità hanno perso il senso di vita con la confusione introdotta dalle nuove politiche di governo per cambiamento. “I critici ed i radicali mettono in discussione i rapporti di diseguaglianza globale e di dominanza culturale implicite nell'idea di sviluppo in se. Le agenzie per sviluppo internazionale dedicano i loro processi di politica a sviluppo costantemente di modificazione e reframing in modo da per puntellare la loro legittimità in politico in corso d'evoluzione veloce„ 11. Le agenzie di sviluppo quale il reparto di sviluppo internazionale (DFID) stanno mettendo l'energia molto per trovare un nuovo fuoco e una legittimità politica nell'obiettivo internazionale di riduzione la povertà, la partecipazione e dell'associazione così come i diritti e la democrazia del cittadino. Lo sviluppo politico per uno sviluppo globale controllato pozzo ora è un fattore chiave„ 12.

1.1 Dichiarazione di problema.
· I diritti dell'uomo e lo sviluppo ha più di meno convincere il significato per il cambiamento dalle società africane dell'obiettivo quali i Cacciatore-Gatherers e Pastoralists nomade. Diverso delle pratiche culturali, la vista di Maasai queste edizioni come trucco togliere terra e condure perdita delle pratiche culturali, che sarebbero indietro dagli agenti di sviluppo.
· Un altro problema è la mancanza di partecipazione della Comunità alla risoluzione, i progetti di progettazione e di esecuzione quale il riassestamento, educazione scolastica ed edizioni delle donne che includono il empowerment. Ciò ha condotto alla dipendenza ed al sottosviluppo.
· I paradigmi di dominazione di sviluppo non accomodano le società del cacciatore e nomadi di riunione nei nel loro ordini del giorno di sviluppo, politiche di sviluppo e pensare tradizionali. Alcuni dei motivi per questo sono perché, “la lingua della retorica di sviluppo e la scrittura cambia velocemente. La realtà di pratica di sviluppo si ritarda dietro la lingua„ 13. Le politiche non favoriscono i modi di durata del Maasai.

1.2 Obiettivi di questo studio.
a) Per condurre un'analisi completa della situazione di sviluppo del Maasai del Kenia con un certo riferimento delle inchieste in altri società di pastoralists, gatherers del cacciatore e successi nomadi di sviluppo dagli anni 60 in queste Comunità.
b) Analizzare criticamente la situazione del Maasai del Kenia sulle edizioni di diritti dell'uomo e sulle barriere che ostacolano il cambiamento nelle edizioni di genere, il modo di vita e le pratiche culturali. .
c) Per decidere analisi approfondita delle inchieste dei programmi di sviluppo per identificare le pratiche migliori con un senso evitare le violazioni di diritti dell'uomo così come fare una documentazione dei dati disponibili sulle edizioni e sullo sviluppo di diritti dell'uomo.
d) Per identificare i collegamenti che possono aiutare espatriano e gli agenti di governo per usare conoscenza piega di Maasai per realizzare progetti della loro avvocatura di diritti dell'uomo e di sviluppo.

1.3 RASSEGNA della LETTERATURA
fuochi di questa rassegna della letteratura sulle varie discussioni sulla zona dei diritti dell'uomo e dello sviluppo che affrontano specialmente le Comunità di Pastoralist e specificamente il Maasai del Kenia. Lo sviluppo è stato introdotto in Africa orientale dalle alimentazioni coloniali. Le Comunità differenti hanno ricevuto lo sviluppo in vari sensi. Altre Comunità hanno avute atteggiamenti negativi secondo come lo hanno percepito e su come i implementers hanno introdotto la pratica. Questo studio usa la revisione per determinare le lacune che ha condotto ai vari problemi che ha affrontato il campo di sviluppo e dei diritti dell'uomo fra il Maasai. Inoltre punterà su evidenziare alcuni dei motivi salienti per gli atteggiamenti nei confronti di queste emissioni di sviluppo e dei diritti dell'uomo. Le inchieste da altre parti del mondo inoltre saranno riviste.
Bodley, John H., “antropologia e problemi umani contemporanei„, 2001.
Questo libro sta mettendo a fuoco sulle edizioni contemporanee che interessano le colture del mondo ed aiuta il lettore a capire la sua posizione sulla scala globale. I problemi culturali attuali conducono al conflitto degli interessi a la una o la altra Comunità. Queste colture possono essere descritte come a scala ridotta, grande scala che è scala politica e globale in termini di annuncio pubblicitario. Questi tipi di colture conducono per essere in conflitto mentre le Comunità e l'altro ordine sociale provano a cercare per la sopravvivenza.
J.Bodley discute, “oltre che la stabilizzazione dell'adattamento riuscito all'ambiente naturale, ogni società umana deve effettuare un determinato livello minimo di ordine e di sicurezza interni per sopravvivere. Il problema sociale di ordine è cambiato ancora con l'emersione recente di coltura globalmente organizzata perché la scala di alimentazione dell'elite è diventato ben più grande di tutta la civilizzazione antica„ 14. La coltura dell'elite di più è esposta da educazione scolastica e bene è organizzata. Altre Comunità etniche oltre al Maasai per esempio non ripartiscono la coltura di Maasai. L'accesso alle informazioni moderne è quindi una sfida grande al Maasai.

Bodley, John. H, “vittime di progresso„, 1999.
In questo libro, J.Bodley descrive alcune delle ragioni per le quali le Comunità sicure effettuano la loro coltura. L'ambiente ed altre risorse naturali li limitano dall'adattare un movimento veloce di sviluppo per i nuovi cambiamenti. Nei rapporti a questo studio, il Maasai inoltre sta resistendo al cambiamento dovuto le conseguenze che le ha incontrate nel corso di cambiamento. I nuovi modi delle vite introdotte a loro consigliano a più povertà. “La perdita di autonomia economica è promossa dalla conquista politica perché i gruppi indigeni devono effettuare il controllo sopra le loro risorse per rimanere„ 15 autosufficienti. Storicamente, la gente indigena non è stata vittime passive di espansione dalle colture su grande scala. Lo sviluppo recente più promising era l'emersione del 4peoples indigeno' movimento di self-determination durante gli anni 70„ 16. Il Maasai del Kenia tuttavia ha fatto parte di questo movimento negli anni 90, poichè lo studio mostrerà più successivamente.

Brezinger, Mathias, “il Mukokodo Maasai: un'indagine di Ethnobotanical„, 1995.The Maasai gradisce qualsiasi altro. La società di Pastoralist dipende pricipalmente dal pascolo e dall'acqua per la sopravvivenza del loro bestiame, che è la base della loro vita. Maasai inoltre usa le piante per alimento. Ma, la maggior parte delle piante sono significate per bestiame. “Soltanto le piccole minoranze di queste piante non sono messe ad alcun uso„ 17. dovuto il aridity dell'ambiente in cui il Maasai in tensione, deve muoversi per sostenere il loro bestiame. Le piante inoltre sono usate selettivamente per le costruzioni della casa. “La costruzione delle case richiede una conoscenza specifica circa le qualità dei generi differenti di legno e di loro durevolezza mentre dovrebbero durare a lungo„ 18. Lo sviluppo dovrebbe quindi considerare la conoscenza piega del Maasai se i risultati sostenibili sono puntati su.

Gillis Nancy e Sean Southey, “nuove strategie per sviluppo, un dialogo della Comunità per venire a contatto degli obiettivi di sviluppo di millennio„, 2005. Questo libro propone le edizioni che hanno condotto alla variazione di paradigma nello sviluppo. Molti programmi di sviluppo sono stati iniziati nelle Comunità quale il Maasai in molte zone differenti del Kenia in cui questa gente vive. Tuttavia, la maggior parte dei progetti di sviluppo sono venuto a mancare. I governi ed i soci di sviluppo stanno provando a raggiungere lo sviluppo sostenibile con la partecipazione ed a dirigere la partecipazione dalle Comunità. Fra le edizioni per successo è la partecipazione allo sviluppo politico. Gillis discute, “i terreni comunali della Comunità hanno utilizzato la perizia significativa e la capienza di un movimento vario e crescente dei grassroots e di una rappresentazione indigena della Comunità all'interno della politica internazionale procede„ 19. Ciò ha contribuito ad istruire le Comunità circa i loro diritti dell'uomo particolarmente sulle edizioni delle donne e della terra.
Hodgson, Dorothy L., “guerrieri una volta Intrepid, genere, origine etnica e la politica

culturale di sviluppo di Maasai„, 2001. Le edizioni di genere sono altri fattori challenging che interessano il successo di sviluppo nelle società di pastoralist. Fra il Maasai, la dominanza maschio è pronunciata bene. Tuttavia, l'avvocatura per empowerment delle donne ed i diritti dell'uomo ha provocato le nozioni differenti nella Comunità. Fra il Maasai della Tanzania, Dorothy Hodgson ha scoperto che “questa storia circa le visioni competenti di sviluppo evidenzia il centrality del genere a tali differenze ed i dibattiti e le possibilità per la riconciliazione della contrapposizione richiede„ 20. “Ma… come la maggior parte dei anecdotes di sviluppo, maschera un elemento cruciale della storia - la storia lunga degli interventi di sviluppo fra Maasai„ 21. Molte donne di Maasai ora hanno iniziato i piccoli gruppi di self-help. Questi gruppi possono aiutare nel portare a donne la costruzione di capienza e di empowerment dei loro programmi.

Madsen, Andrew, “il Hadzabe della Tanzania; Terra e diritti dell'uomo per una Comunità del Cacciatore-Gatherer„, 2000. Molti agenti e governi di sviluppo sostengono che Pastoralist ed i Gatherers del cacciatore distruggono l'ecologia dovuto caccia o herding. Questo libro spiega che i cacciatore-gatherers proteggono l'ambiente. Inoltre, il Maasai utilizza le risorse naturali in un equilibrio per permettere la rigenerazione di bio- diversità. “Come molta gente nomade e semi nomade, il permesso di Hadzabe poco effetto visibile sul loro ambiente„ 22. “Il fatto che lasciano i segni visibili piccoli della loro occupazione e l'uso del suolo la terra è una delle ragioni per le quali le Comunità vicine considerare la loro terra le terre aperte o inutilizzate„ 23. Maasailand inoltre è visto come terre inutilizzate nel Kenia. Altre inchieste attraverso l'Africa orientale possono contribuire a spiegare lo scopo di questo studio.

Leys, Colin, “l'aumento e la caduta della teoria di sviluppo„, 1996.
C.Leys sostiene che i paesi africani particolarmente Kenia hanno abbracciato l'economia di capitalista ed hanno adottato la teoria di dipendenza per i loro programmi di sviluppo. La teoria di dipendenza “ha suggerito che ci erano tre ostacoli apparentemente insormontabili allo sviluppo del Kenia sotto il capitalismo: (1) la struttura dell'economia coloniale, che è sembrato unconducive all'uso efficiente delle risorse nazionali ma che sono stati rilevati in gran parte intact dal regime indipendente ricevuto„ 24. Le edizioni della terra di Maasai e resistenti a cambiamento sono riferiti con la teoria di sviluppo adottata dal Kenia indipendente.

Materne, Yves, “il risveglio indiano in america latina„, 1980. Oltre agli effetti dell'Africa orientale e del Kenia di colonizzazione sia molto simile. Possono aiutare questo studio per potere collegare gli effetti di colonizzazione nelle Comunità natali. Secondo Materne Yves, “se studiamo la storia di colonizzazione del nostro paese, possiamo capire più meglio la natura dei settlers„ 25. I Britannici hanno colonizzato il Kenia. Lo studio del Kenia coloniale può dare le comprensioni sulla storia di sviluppo di Maasai durante questo periodo ed il relativo effetto sulla vita della Comunità.

Ogendo, H.W.Okoth, “inquilini della parte superiore; Sviluppo di legge e delle istituzioni agrarie nel Kenia„, 1991. Gli abusi di diritti dell'uomo fra il Maasai del Kenia hanno cominciato dopo il 1904 1911 accordo fra il Maasai e la colonia britannica. “Dal primo accordo, dal Maasai, agente tramite le loro teste ritual, presunto accosentite della loro propria volontà libera che era nel loro interesse rimuovere la loro gente, dalle moltitudini e dalle greggi nelle prenotazioni definite via da tutta la terra apra allo stabilimento europeo ed al movimento a Laikipia„ 26. “Circa 11.200 Maasai ed oltre due milione azione hanno perso la loro terra a 48 Europei che seguono questo trattato„ 27. Gli effetti dei trattati Anglo di Maasai di 1904 e di 1911 ancora sono ritenuti oggi da questa Comunità. La maggior parte dei problemi si sono associati con terra provengono dal questo i trattati.

Posey, Daurell A. e Graham Dutfield, “oltre la proprietà intellettuale; Verso la risorsa tradizionale radrizza in gente indigena e nelle Comunità locali„, 1996.
I diritti di proprietà intellettuale si sono trasformati in in un'edizione durante gli anni recenti. L'autore sta proponendo le edizioni sollevate della gente indigena che sta sostenendo che i ricercatori stanno studiando la loro proprietà intellettuale e la usano per avvantaggiare altre senza direttamente dare loro indietro alcuni dei benefici. “La conoscenza e le risorse tradizionali sono centrali al mantenimento dell'identità per la gente indigena. Di conseguenza, controlli le tesi che eccessive le risorse è di preoccupazione centrale nella loro lotta per self-determination„ 28. Il termine TRR è emerso per definire i molti pacchi dei diritti che possono essere usati per protezione, compensazione e il commservation„ 29. Nel Kenia, molti commerci turistici usano gli articoli molto di Maasai quali i ritratti, il panno e l'illustrazione per attrarre i turisti. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will change if oriented and approached in a way they feel is correct for them to go through. People and communities will also change as they adapt new ways of life finding the old ones as less meaningful anymore. Criticism will give them strength because they will ask the question as to why westerners or governments are interested in the practice, which they as a people knew it from generations as a good practice. “Westerns feminists’ discourses on sexuality are becoming incorporated into local anti (FGC) campaigns through out Africa, thus giving rise to new debates”57. “The way that outraged western

MENSCHLICHE RECHT-ENTWICKLUNG PROBLEM, WELCHES BESONDERS DIE EINGEBORENEN VÖLKER! GEGENÜBERSTELLT!
Automatically translated into German thanks to WorldLingo
1 KAPITEL EINS

Hintergrund 1.0 zur Studie
Förderung der menschlichen Rechte und Entwicklung sind die fremden Ideologien, die nach Afrika durch den Westen eingeführt werden. „Da 1978 die Weltbank, zusammen mit anderen Spendern, an einem Programm der Tätigkeiten teilgenommen hat, die als `Sozialmaße der Justage' bekannt sind (SDA)…, war der Hauptträger für Armuterleichterung das Verleihen, die landwirtschaftliche integrierte Armut des Entwicklung Projekt-zu sein (RIDP)… sollte durch die abwärts Verlängerung der Vertikale von `Modernisierung“ 1 vermindert werden. Entwicklung Theorie wurde „abgeleitet, um zu sehen, warum, anzufangen ist nützlich, mit Ansicht das Auge einer Eule der menschlichen Geschichte über den letzten 10.000 Jahren, oder so, da vereinbarte Landwirtschaft zuerst anfing, die Jagd und Versammlung… das Aufkommen von Kapitalismus in den fünfzehnten und sechzehnten Jahrhunderten, jedoch und vor allem das Aufkommen des industriellen Kapitalismus Ende des achtzehnten Jahrhunderts zu ersetzen, zwang die Tatsache der menschlichen ökonomischen, Sozial-, politischen und kulturellen Entwicklung auf der Aufmerksamkeit“ 2 der Leute.
Entwicklung Theorien und menschliche Rechte, einschließlich den Feminismus, haben Regierungen und beeinflußte Gesellschaften in Kenia wie Maasai und Ogiek überholt. Entsprechend Leys „die meisten dritte Weltländer verletzbarer dann jederzeit gefunden das, da sie zuerst kolonisiert wurden. Ihre Wirtschaftssysteme waren gesetzt zu sich erweitern im neuen globalen Marktplatz“ 3 wenig wohles. Dies hieß, daß jene Gemeinschaften, die noch Nomadism üben und Jäger-Versammlung schlechter verletzbar waren, als der Zustand. Das soziologische - politischer und ökonomischer Lebensunterhalt dieser Gemeinschaften ist nicht mit Entwicklung Theorien in den verschiedenen Weisen noch kompatibel. Es hat auch zu Interessenkonflikt zwischen Entwicklung geführt, pastoralists und Jäger-Erfassung Gemeinschaften. Dieses ist zutreffend, weil „der Buchstabe der afrikanischen ökonomischen Entwicklung in den Zwanzig Jahren von 1960 bis 1980 merkwürdig unverständlich ist. Dieses hat ziemlich viel, mit der Größe und der Verschiedenartigkeit des Kontinentes“ 4 zu tun. „Während der fünfziger Jahre und der sechziger Jahre waren einige Theorien, bekannt als Modernisierungtheorien, vorstehend, wenn sie das Entwicklungsc$denken beeinflußten. Diese Theorien wurden schwer in den siebziger Jahren und in den achtziger Jahren kritisiert, aber sie scheinen, elastisch zu sein und re-emerged in den neuen Aufmachungen im neuen Neo-liberalen Stoß. Heute fördern Regierungen und internationale Agenturen die Entwicklung Strategien, die auf einem freiem basieren - vermarkten Sie Grundregel und auf ökonomischer Vernunft in ihren Bemühungen in Richtung zum Unterstützen des Wirtschaftswachstums und der Industrialisierung. Das Ereignis, das möglicherweise zur Implementierung der Modernisierungpolitischer richtlinien in zwei verfolgt wurde, Zustand-förderte Entwicklung Projekte: Entwicklungsprogramme für begrenzte Gemeinschaften und die grüne Revolution“ 5. Dieses hat zu einen Interessenkonflikt zwischen dem modernen und dem traditionellen geführt. Dieser Konflikt kann in der Form der Förderung des seßhaften Bestehens, der modernen Ausbildung, der Frauausgaben und der Landbesitzsysteme gefunden werden.
Diese Forschung strebt an, Ausgaben zu besprechen, die die gerichteten Gemeinschaften d.h. gebildet hat. das Maasai insbesondere, zum der änderung zu widerstehen. Ende der siebziger Jahre gab es die Kenyan Debatte, die mit der Situation des Maasai z.Z. bezogen werden kann. Die Debatte „… war ungefähr, ob kapitalistische Entwicklung an der Peripherie des Weltkapitalistsystems möglich ist. Jedoch „Rostow faßte Entwicklung entlang einem Kontinuum der historischen änderung auf, nach dem alle Gesellschaft sich befinden kann“ 7. „Für Rostow, mußten alle Entwicklung Gesellschaften durch fünf traditionelle Stadien, Start, den Antrieb zur Reife vor sich entfernen und Masse Verbrauch Gesellschaft“ 8 überschreiten. Mitteilend an die Kenyan Debatte, haben Maasai meistens von der Entlastung Nahrung wenn Dürreabwischen heraus die meisten ihres Viehs abgehangen. Das Maasai haben auch nie neue Weisen des Treffens der Herausforderungen entwickelt, die durch die natürlichen Notstände verursacht werden. Dieses ist, weil, das änderung Mittel die Gemeinschaft nicht in die Planung miteinbezogen haben und eingeführt und auf der Vorgehensweise entschieden.
„Andere Modernisierungtheoretiker sehen einfach den Prozeß der Modernisierung als die Umwandlung der traditionellen Gesellschaft in die moderne Gesellschaft an, die unveränderlich durch westliche Nationen“ 9 dargestellt wird. „Im Verlauf der letzten Dekade, haben viele afrikanische Regierungen weitreichende Verbesserungmaßnahmen ergriffen, schnelles Wirtschaftswachstum zu fördern und ihre Verbindungen mit der globalen Wirtschaft zu verstärken. Unterstützt durch die internationalen Kreditinstitute einschließlich die afrikanische Gruppe der Entwicklungsbank-(ADB), haben die große Majorität der afrikanischen Länder verschiedene strukturelle Justage und Politikverbesserungprogramme“ 10 eingeführt. Wie die afrikanischen Nationen haben die meisten pastoralist Gemeinschaften jetzt begonnen, Heraus von der Regierung und von den Entwicklungsprogrammen an Hand zu lehnen. Gemeinschaften haben Lebensunterhaltrichtung durch das Durcheinander verloren, das durch die neue Regierung Politik für änderung eingeführt wird. „Kritiker und Radikale fragen die Relationen der globalen Verschiedenheit und kulturellen der Herrschaft, die in der Idee der Entwicklung selbst angedeutet wird. Agenturen für internationale Entwicklung widmen sich ihre Politikprozesse ständig verbessernder und reframing, Entwicklung, zum ihrer Legitimität in einem schnellen ändernden politischen Klima“ 11 abzustützen. Entwicklung Agenturen wie Abteilung der internationalen Entwicklung (DFID) setzen eine Menge Energie, einen neuen Fokus und eine politische Legitimität im internationalen Ziel des Verringerns von Armut, von Teilnahme und von Teilhaberschaft sowie Rechte und Demokratie des Bürgers zu finden. Politikentwicklung für eine Brunnen gehandhabte globale Entwicklung ist ein Schlüsselfaktor jetzt“ 12.

1.1 Problemaussage.
· Menschliche Rechte und Entwicklung hat Bedeutung für änderung weniger überzeugen durch die afrikanischen Gesellschaften des Ziels wie Jäger-Sammler und nomadisches Pastoralists. Anders als kulturelle Praxis, die Maasai Ansicht diese Ausgaben als Trick, Land- und Speerspitzenverlust der kulturellen Praxis wegzunehmen, die rückwärts durch Entwicklung Mittel sollen.
· Ein anderes Problem ist der Mangel an Gemeinschaftsmiteinbeziehung in der Beschlußfassung, Implementierung und Planung Projekte wie Wiedereinsetzung, formale Ausbildung und Frauausgaben, die Ermächtigung einschließen. Dieses hat zu Abhängigkeit und Unterentwicklung geführt.
· Vorherrschende Entwicklung Paradigmen bringen nicht das nomadische und den Jäger Gesellschaften in ihren Hauptströmungsentwicklung Tagesordnungen, in entwicklungspolitischen Linien und in Denken erfassend unter. Einige der Gründe für dieses ist, weil, „die Sprache von Entwicklung Rhetorik und das Schreiben schnell ändert. Die Wirklichkeit von Entwicklung Praxis verlangsamt hinter der Sprache“ 13. Politische Richtlinien bevorzugen nicht die Modi des Lebens des Maasai.

1.2 Zielsetzungen von diesem Studie.
a) Eine komplette Analyse der Entwicklung Situation des Maasai von Kenia mit etwas Hinweis der Fallstudien in anderen nomadischen pastoralists Gesellschaften, in Jägersammlern und in Ausführungen der Entwicklung seit den sechziger Jahren in diesen Gemeinschaften leiten.
b) Die Situation des Maasai von Kenia auf Ausgaben der menschlichen Rechte und den Sperren kritisch analysieren, die änderung in den Geschlechtausgaben, Modus des Lebens und kulturelle Praxis hindern. .
c) Sich eingehende Analyse der Fallstudien der Entwicklungsprogramme aufnehmen, um beste Praxis mit einer Richtung zu kennzeichnen, Verletzungen der menschlichen Rechte sowie das Bilden Unterlagen der vorhandenen Daten auf menschliche Recht-Ausgaben und Entwicklung zu vermeiden.
d) Verbindungen, die helfen können expatriiert und Regierung Mittel kennzeichnen, um Maasai Volkswissen zu verwenden, um ihre Entwicklung und der menschlichen Rechte Befürwortung zu erzielen Projekte.

1.3 LITERATUR-BERICHT
Foki dieses Literaturberichts auf verschiedenen Diskussionen auf dem Bereich der menschlichen Rechte und der Entwicklung, welche besonders die Pastoralist Gemeinschaften gegenüberstellt und spezifisch das Maasai von Kenia. Entwicklung wurde nach Ostafrika durch die Kolonialenergien eingeführt. Unterschiedliche Gemeinschaften empfingen Entwicklung in den verschiedenen Weisen. Andere Gemeinschaften hatten negative Haltung abhängig von, wie sie es wahrnahmen und auf, wie die Implementers die Praxis vorstellten. Diese Studie verwendet den Bericht, um die Abstände hervorzubringen, der zu die verschiedenen Probleme geführt hat, das auffangene der Entwicklung und der menschlichen Rechte unter dem Maasai gegenübergestellt hat. Es strebt auch an, einige der auffallenden Gründe für die einstellungen gegenüber diesen Ausgaben der Entwicklung und der menschlichen Rechte hervorzuheben. Fallstudien von anderen Teilen der Welt werden auch wiederholt.
Bodley, John H., „Anthropologie und zeitgenössische menschliche Probleme“, 2001.
Dieses Buch konzentriert auf die zeitgenössischen Ausgaben, die Weltkulturen beeinflussen und hilft dem Leser, seine/ihr Position auf der globalen Skala zu verstehen. Gegenwärtige kulturelle Probleme führen zu Interessenkonflikt zu jeder Gemeinschaft. Diese Kulturen können als Klein, große Skala gekennzeichnet werden, die politische und globale Skala in Werbung ausgedrückt ist. Diese Arten der Kulturen führen, um zu widersprechen, während Gemeinschaften und anderer Sozialauftrag versuchen, für überleben zu suchen.
J.Bodley argumentiert, „zusätzlich zum Herstellen einer erfolgreichen Anpassung an das natürliche Klima, muß jede menschliche Gesellschaft ein bestimmtes minimales Niveau des internen Auftrages und der Sicherheit beibehalten, um zu überleben. Das Sozialauftrag Problem änderte wieder mit dem neuen Hervortreten der global organisierten Kultur, weil die Skala der Ausleseenergie weit grösser wurde, als jede alte Zivilisation“ 14. Die Auslesekultur wird mehr durch formale Ausbildung herausgestellt und wird gut organisiert. Andere ethnische Gemeinschaften abgesehen von dem Maasai zum Beispiel teilen nicht Maasai Kultur. Zugang zu den modernen Informationen ist folglich eine grosse Herausforderung zum Maasai.

Bodley, John. H, „Opfer des Fortschritts“, 1999.
In diesem Buch umreißt J.Bodley einige der Gründe, warum bestimmte Gemeinschaften ihre Kultur beibehalten. Klima und andere Naturresourcen begrenzen sie vom Anpassen einer schnellen Entwicklung Bewegung für neue änderungen. In den Relationen zu dieser Studie, haben das Maasai auch der änderung wegen der Konsequenzen widerstanden, die sie bei änderung angetroffen hat. Neue Modi der Lebensunterhalt, die zu ihnen eingeführt werden, regen mehr Armut an. „Der Verlust der ökonomischen Autonomie wird durch politische Eroberung gefördert, weil eingeborene Gruppen Steuerung über ihren Betriebsmitteln beibehalten müssen, um autarke“ 15 zu bleiben. Historisch sind eingeborene Völker passive Opfer der Expansion nicht durch großräumige Kulturen gewesen. Die vielversprechendste Neuentwicklung war das Hervortreten des eingeborenen 4peoples' Self-determinationbewegung während der siebziger Jahre“ 16. Das Maasai von Kenia verband jedoch diese Bewegung in den neunziger Jahren, da die Studie später darstellt.

Brezinger, Mathias, „das Mukokodo Maasai: eine Ethnobotanical übersicht“, 1995.The Maasai mögen irgendein anderes. Pastoralist Gesellschaft hängt hauptsächlich von der Weide und vom Wasser für das überleben ihres Viehs ab, das das Rückgrat ihres Lebensunterhalts ist. Maasai benutzen auch Betriebe für Nahrung. Aber, die meisten Betrieben werden für Vieh bedeutet. „Nur kleine Minoritäten dieser Betriebe werden nicht zu irgendeinem Gebrauch“ 17 gesetzt. Wegen des aridity des Klimas, in dem das Phasen Maasai, sie bewegen müssen, um ihr Vieh zu unterstützen. Betriebe werden auch für Hausaufbauten selektiv benutzt. „Der Aufbau der Häuser erfordert ein spezifisches Wissen über die Qualitäten der unterschiedlichen Arten des Holzes und ihrer Haltbarkeit, während sie“ 18 für eine lange Zeit dauern sollten. Entwicklung sollte das Volkswissen des Maasai folglich betrachten, wenn stützbare Resultate angestrebt werden.

Gillis Nancy und Sean Southey, „neue Strategien für Entwicklung, ein Gemeinschaftsdialog für das Treffen der Jahrtausendentwicklung Ziele“, 2005. Dieses Buch bringt die Ausgaben vor, die zu die Paradigmaverschiebung in der Entwicklung geführt haben. Viele Entwicklungsprogramme sind in den Gemeinschaften wie dem Maasai in vielen unterschiedlichen Teilen von Kenia gestartet worden, in dem diese Leute leben. Jedoch sind die meisten Entwicklung Projekten ausgefallen. Regierungen und Entwicklung Partner versuchen, stützbare Entwicklung durch Miteinbeziehung zu erreichen und Teilnahme durch Gemeinschaften zu verweisen. Unter den Ausgaben für Erfolg ist Miteinbeziehung in der Politikentwicklung. Gillis argumentiert, „die Gemeinschaftscommon verwendeten die bedeutende Sachkenntnis und die Kapazität einer verschiedenen, wachsenden Bewegung von Basis und eingeborenen der Gemeinschaftsdarstellung innerhalb der internationalen Politik verarbeitet“ 19. Dieses hat geholfen, die Gemeinschaften über ihre menschlichen Rechte besonders auf Land- und Frauausgaben zu erziehen.
Hodgson, Dorothy L., „einmal furchtlose Krieger, Geschlecht, Ethnicity und die kulturelle

Politik der Maasai Entwicklung“, 2001. Geschlechtausgaben sind andere schwierige Faktoren, die Erfolg der Entwicklung in den pastoralist Gesellschaften beeinflussen. Unter dem Maasai wird männliche Herrschaft gut ausgesprochen. Jedoch hat Befürwortung für Frauermächtigung und menschliche Rechte unterschiedliche Begriffe in der Gemeinschaft verursacht. Unter dem Maasai von Tanzania, fand Dorothy Hodgson heraus, daß „diese Geschichte über konkurrierende Anblicke der Entwicklung die zentrale Lage des Geschlechtes zu solchen Unterschieden hervorhebt und Debatten und die Möglichkeiten für das Versöhnen des Kontrastierens“ 20 verlangt. „Aber… wie die meisten Entwicklung Anekdoten, verdeckt es ein entscheidendes Element der Geschichte - die lange Geschichte der Entwicklung Interventionen unter Maasai“ 21. Viele Maasai Frauen haben jetzt kleine Self-helpgruppen begonnen. Diese Gruppen können im Holen Frauen des Ermächtigung- und Kapazitätsgebäudes ihrer Programme helfen.

Madsen, Andrew, „das Hadzabe von Tanzania; Land und menschliche Rechte für eine Jäger-Sammler Gemeinschaft“, 2000. Viele Entwicklung Vertreter und Regierungen argumentieren, daß Pastoralist und Jäger-Sammler die ökologie zerstören, die entweder zur Jagd oder zum In Herden leben passend ist. Dieses Buch beschreibt, daß die Jägersammler das Klima schützen. Ebenso verwenden das Maasai die Naturresourcen in einer Balance, um Regeneration der Bioverschiedenartigkeit zu erlauben. „Wie viele nomadische und halb nomadische Völker, der Hadzabe Urlaub wenig sichtbare Auswirkung auf ihr Klima“ 22. „Die Tatsache, daß sie kleine sichtbare Zeichen ihrer Besetzung und Gebrauch des Landes das Land verlassen, ist einer der Gründe, warum benachbarte Gemeinschaften ihr Land als geöffnete oder unbenutzte Länder“ 23 betrachten. Maasailand wird auch als unbenutzte Länder in Kenia gesehen. Andere Fallstudien über Ostafrika können helfen, den Zweck dieser Studie zu erklären.

Leys, Colin, „der Aufstieg und der Fall der Entwicklung Theorie“, 1996.
C.Leys argumentiert, daß afrikanische Länder besonders Kenia die kapitalistische Volkswirtschaft umfaßten und die Abhängigkeit Theorie für ihre Entwicklungsprogramme annahmen. Abhängigkeit Theorie „schlug vor, daß es drei scheinbar unüberwindliche Hindernisse zur Entwicklung von Kenia unter Kapitalismus gab: (1) die Struktur der Kolonialwirtschaft, die zum leistungsfähigen Gebrauch von nationalen Betriebsmitteln unconducive aussahen, aber die übernommenes groß intaktes durch das ankommende unabhängige Regime“ 24 waren. Maasai Landausgaben und beständige gegen änderung werden mit der Entwicklung Theorie bezogen, die beim unabhängigen Kenia angenommen wird.

Materne, Yves, „das indische Wecken in lateinischem Amerika“, 1980. Abgesehen von Kenia und Ostafrika Effekten der Besiedlung seien Sie sehr ähnlich. Sie können dieser Studie helfen beziehen die Effekte der Besiedlung in den gebürtigen Gemeinschaften. Entsprechend Materne Yves, „, wenn wir die Geschichte der Besiedlung unseres Landes studieren, können wir die Natur der Siedleren“ 25 besser verstehen. Die Briten kolonisierten Kenia. Die Studie von Kolonialkenia kann Einblicke auf der Geschichte der Maasai Entwicklung während dieser Periode und seiner Auswirkung auf den Gemeinschaftslebensunterhalt geben.

Ogendo, H.W.Okoth, „Pächter der Krone; Entwicklung des landwirtschaftlichen Gesetzes und der Anstalten in Kenia“, 1991. Mißbräuche der menschlichen Rechte unter dem Maasai von Kenia fingen nach den 1904 1911 Vereinbarungen zwischen dem Maasai und der britischen Kolonie an. „Durch die erste Vereinbarung, das Maasai, fungierend durch ihre rituellen Köpfe, von ihrem eigenen freien Willen angeblich vereinbart, daß er in ihrem besten Interesse, ihre Leute zu entfernen war, die Mengen und die Herden in definitive Reservierungen weg von jedem möglichem Land öffnen Sie sich zur europäischen Regelung und zur Bewegung zu Laikipia“ 26. „Ungefähr 11.200 Maasai und über zwei Million Vorrat verloren ihr Land zu 48 Europäern, die diesem Vertrag“ 27 folgen. Die Effekte der AngloMaasai Verträge von 1904 und von 1911 werden noch von dieser Gemeinschaft heute geglaubt. Die meisten Probleme, die mit Land verbunden sind, entstehen von diesem Verträge.

Posey, Daurell A. und Graham Dutfield, „über geistigem Eigentum hinaus; In Richtung zum traditionellen Hilfsmittel berichtigt in den eingeborenen Völkern und in den lokalen Gemeinschaften“, 1996.
Rechte am geistigen Eigentum sind eine Ausgabe in den neuen Jahren geworden. Der Autor bringt die Ausgaben vor, die von den eingeborenen Völkern angehoben werden, die argumentieren, daß Forscher ihr geistiges Eigentum studieren und es benutzen, um andere zu fördern, ohne ihnen einigen des Nutzens direkt zurück zu geben. „Wissen und traditionelle Betriebsmittel sind zur Wartung der Identität für eingeborene Völker zentral. Folglich steuern Sie überthesen, die Betriebsmittel von zentralem Belang in ihrem Kampf für Self-determination“ 28 ist. Die Bezeichnung TRR ist aufgetaucht, um die vielen Bündel der Rechte zu definieren, die für Schutz, Ausgleich und commservation“ 29 verwendet werden können. In Kenia benutzen viele touristische Geschäfte eine Menge Maasai Einzelteile wie Portraits, Tuch, und Gestaltungsarbeit, die Touristen anzuziehen. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will c

PROBLEMA DO DESENVOLVIMENTO DAS DIREITAS HUMANAS QUE ENFRENTA PARTICULARMENTE OS POVOS INDÍGENOS!!
Automatically translated into Portuguese thanks to WorldLingo
1 fundo 1.0

do CAPÍTULO UM ao promotion
das direitas humanas do estudo e o desenvolvimento são ideologies extrangeiros introduzidos a África pelo oeste. “Desde que 1978 o banco de mundo, junto com outros doadores, foram acoplados em um programa das atividades sabidas como dimensões sociais do `do ajuste' (SDA)… o veículo principal para emprestar do pobreza-alleviation era ser a pobreza integrada rural do projeto do desenvolvimento (RIDP)… devia ser aliviado pela extensão descendente do vertical do modernisation” 1 do `. A teoria do desenvolvimento foi derivada “para ver porque, é útil começar com a vista do olho de uma coruja da história humana sobre os 10.000 anos passados ou assim desde que a agricultura estabelecida começou primeiramente a substituir a caça e o recolhimento… o advent do capitalismo nos décimos quintos e décimos sextos séculos, entretanto, e sobretudo o advent do capitalismo industrial no décimo oitavo século atrasado, forçou o fato do desenvolvimento econômico, social, político e cultural humano na atenção” 2 do pessoa.
As teorias do desenvolvimento e as direitas humanas, including o feminismo, alcançaram governos e sociedades afetadas em Kenya como Maasai e Ogiek. De acordo com Leys, “a maioria de países de terceiro mundo, então, encontrados mais vulneráveis isso em em qualquer altura que desde que colonized primeiramente. Suas economias eram as o mais menos boas colocadas a prosper no lugar de mercado global novo” 3. Isto significou que aquelas comunidades que praticam ainda Nomadism e recolhimento do caçador era mais mal vulnerável do que o estado. O socio - os meios de subsistência políticos e econômicos destas comunidades não são ainda compatíveis com teorias do desenvolvimento em várias maneiras. Conduziu também ao conflito de interesse entre o desenvolvimento, pastoralists e comunidades do Caçador-recolhimento. Isto é verdadeiro porque “o caráter do desenvolvimento econômico africano nos vinte anos de 1960 a 1980 é estranha obscuro. Isto tem bastante para fazer com o tamanho e a diversidade do continente” 4. “Durante os 1950s e os 1960s diversas teorias, sabidas como teorias do modernization, eram proeminentes em influenciar pensar developmental. Estas teorias foram criticadas pesadamente nos 1970's e nos 1980's, mas parecem ser resilient e ter reemirjido em guises novos no impulso neo-liberal recente. Hoje, os governos e as agências internacionais promovem as estratégias do desenvolvimento baseadas em um livre - introduza no mercado o princípio e no rationality econômico em seus esforços para sustentar o crescimento econômico e o industrialization. O incident seguido talvez à execução de políticas do modernization em dois estado-patrocinou projetos do desenvolvimento: programas de desenvolvimento para as comunidades marginais e a volta verde” 5. Isto conduziu a um conflito de interesse entre o moderno e o tradicional. Este conflito pode ser encontrado no formulário do promotion da existência sedentary, da instrução moderna, das edições das mulheres e dos sistemas do tenure da terra.
Esta pesquisa visa discutir edições que fêz as comunidades alvejadas isto é. o Maasai no detalhe para resistir a mudança. Nos 1970s atrasados, havia o debate de Kenyan, que pode ser relacionado com a situação do Maasai atualmente. O debate “… era aproximadamente se o desenvolvimento capitalistic é possível na periferia do sistema do capitalista do mundo. Entretanto, “Rostow conceptualized o desenvolvimento ao longo de um continuum da mudança histórica em cima de que toda a sociedade pode ser ficada situada” 7. “Para Rostow, todas as sociedades do desenvolvimento tiveram que passar através de cinco estágios tradicionais, pre retirar, de decolagem, da movimentação à maturidade e da sociedade” 8 dos consumos da massa. Refletindo ao debate de Kenyan, Maasai depender na maior parte do alimento do relevo quando wipes da seca para fora a maioria de seus animais domésticos. O Maasai também nunca desenvolveu maneiras novas de encontrar-se com os desafios causados pelos calamities naturais. Isto é porque, o agente da mudança não envolveu a comunidade no planeamento, executando e se decidindo no curso de ação.
“Outros theorists do Modernisation vêem simplesmente o processo do modernization como a transformação da sociedade tradicional na sociedade moderna representada invariàvel pelas nações ocidentais” 9. “No curso da última década, muitos governos africanos fizeram exame distante - alcançando medidas da reforma promover o crescimento econômico rápido e strengthen suas ligações com a economia global. Ajudado pelas instituições financeiras internacionais including o grupo africano do banco de desenvolvimento (ADB), a maioria grande de países africanos executou o vários ajuste e programas estruturais” 10 da reforma da política. Como as nações africanas, a maioria de comunidades do pastoralist têm começado agora inclinar-se em saídas da mão do governo e dos programas de desenvolvimento. As comunidades perderam o sentido dos meios de subsistência com a confusão introduzida pelas políticas novas do governo para a mudança. Os “críticos e os radicais questionam as relações do desigualdade global e do dominance cultural implicados na idéia do desenvolvimento própria. As agências para o desenvolvimento internacional devotam seus processos da política ao desenvolvimento constantemente revisando e reframing para suportar acima de seu legitimacy em um ambiente político em mudança rápido” 11. As agências do desenvolvimento tais como o departamento do desenvolvimento internacional (DFID) estão pondo muitos da energia encontrar um foco novo e um legitimacy político no objetivo internacional de reduzir a pobreza, a participação e a parceria as well as direitas e democracia do cidadão. O desenvolvimento de política para um desenvolvimento global controlado poço é um fator chave agora” 12.

1.1 Indicação do problema.
· As direitas humanas e o desenvolvimento têm mais menos convencer o meaning para a mudança pelas sociedades africanas do alvo tais como Caçador-Gatherers e Pastoralists Nomadic. Ao contrário das práticas cultural, da vista de Maasai estas edições como um truque fazer exame da perda ausente da terra e do spearhead das práticas cultural, que seriam para trás por agentes do desenvolvimento.
· Um outro problema é a falta da participação da comunidade na tomada de decisão, os projetos da execução e do planeamento tais como o resettlement, a instrução formal e as edições das mulheres que incluem o empowerment. Isto conduziu à dependência e à revelação.
· Os paradigms dominando do desenvolvimento não acomodam o nomadic e o caçador que recolhem sociedades em em seus agendas do desenvolvimento, políticas de desenvolvimento e pensar mainstream. Algumas das razões para esta são porque, “a língua do rhetoric do desenvolvimento e a escrita mudam rapidamente. A realidade da prática do desenvolvimento retarda-se atrás da língua” 13. As políticas não favorecem as modalidades da vida do Maasai.

1.2 Objetivos disto estudo.
a) Para conduzir uma análise detalhada da situação do desenvolvimento do Maasai de Kenya com alguma referência de estudos de caso em outros sociedades dos pastoralists, gatherers do caçador e realizações nomadic do desenvolvimento desde os 1960s nestas comunidades.
b) Para analisar crìticamente a situação do Maasai de Kenya nas edições das direitas humanas e nas barreiras que hinder a mudança em edições do gender, a modalidade da vida e práticas cultural. .
c) Para empreender a análise in-depth de estudos de caso de programas de desenvolvimento identificar as mais melhores práticas com um sentido evitar violações das direitas humanas as well as fazer uma documentação de dados disponíveis em edições e em desenvolvimento das direitas humanas.
d) Para identificar as ligações que podem ajudar expatriates e os agentes do governo para usar o conhecimento popular de Maasai conseguir projetos do seu advocacy do desenvolvimento e das direitas humanas.

1.3 REVISÃO da LITERATURA
focos desta revisão da literatura em várias discussões na área de direitas humanas e de desenvolvimento que enfrentam particularmente as comunidades de Pastoralist e especificamente o Maasai de Kenya. O desenvolvimento foi introduzido a África do leste pelos poders coloniais. As comunidades diferentes receberam o desenvolvimento em várias maneiras. Outras comunidades tiveram atitudes negativas dependendo de como o perceberam e em como os implementers introduziram a prática. Este estudo usa a revisão causar as aberturas que conduziu aos vários problemas que enfrentou o campo do desenvolvimento e de direitas humanas entre o Maasai. Visará também destacar algumas das razões salient para as atitudes para estas introduções do desenvolvimento e de direitas humanas. Os estudos de caso de outras partes do mundo serão revistos também.
Bodley, John H., “Anthropology e problemas humanos Contemporary”, 2001.
Este livro está focalizando nas edições contemporary que afetam culturas do mundo e ajuda ao leitor compreender his/sua posição na escala global. Os problemas cultural atuais conduzem ao conflito de interesses a uma ou outra comunidade. Estas culturas podem ser caracterizadas como a escala pequena, a escala grande que é escala política e global nos termos do comercial. Estes tipos de culturas conduzem para opôr enquanto as comunidades e a outra ordem social tentam procurar para a sobrevivência.
J.Bodley discute, “além a estabelecer uma adaptação bem sucedida ao ambiente natural, cada sociedade humana deve manter um determinado nível mínimo da ordem e da segurança internas para sobreviver. O problema social da ordem mudou outra vez com o emergence recente da cultura global organizada porque a escala do poder do elite se tornou distante mais grande do que toda a civilização antiga” 14. A cultura do elite é exposta mais pela instrução formal e organizada bem. Outras comunidades étnicas aparte do Maasai por exemplo não compartilham da cultura de Maasai. O acesso à informação moderna é conseqüentemente um desafio grande ao Maasai.

Bodley, John. H, “vítimas do progresso”, 1999.
Neste livro, J.Bodley esboça algumas das razões porque determinadas comunidades mantêm sua cultura. O ambiente e outros recursos naturais limitam-nos de adaptar um movimento rápido do desenvolvimento para mudanças novas. Nas relações a este estudo, o Maasai tem resistido também a mudança devido às conseqüências que as encontrou no processo da mudança. As modalidades novas dos meios de subsistência introduzidos a eles incentivam mais pobreza. “A perda da autonomia econômica é promovida pelo conquest político porque os grupos indígenos devem manter o controle sobre seus recursos a fim remanescer” 15 self-sufficient. Historicamente, os povos indígenos não foram vítimas passivas da expansão por culturas em grande escala. O desenvolvimento recente o mais prometedor era o emergence do 4peoples indígeno' movimento do self-determination durante os 1970s” 16. O Maasai de Kenya entretanto juntou este movimento nos 1990s, porque o estudo mostrará mais tarde.

Brezinger, Mathias, “o Mukokodo Maasai: um exame de Ethnobotanical”, 1995.The Maasai gosta de qualquer outro. A sociedade de Pastoralist depende principalmente do pasto e da água para a sobrevivência de seus animais domésticos, que são a espinha dorsal de seus meios de subsistência. Maasai usa também plantas para o alimento. Mas, a maioria das plantas são significadas para animais domésticos. “Somente os minorities pequenos destas plantas não são postos a nenhum uso” 17. Devido ao aridity do ambiente onde o Maasai vivo, eles tem que se mover a fim sustentar seus animais domésticos. As plantas são usadas também para construções da casa seletivamente. “A construção das casas requer um conhecimento específico sobre as qualidades de tipos diferentes da madeira e da sua durabilidade enquanto devem durar por muito tempo” 18. O desenvolvimento deve conseqüentemente considerar o conhecimento popular do Maasai se os resultados sustainable forem visados.

Gillis Nancy e Sean Southey, “estratégias novas para o desenvolvimento, um diálogo da comunidade para encontrar-se com os objetivos do desenvolvimento do Millennium”, 2005. Este livro propõe as edições que conduziram ao deslocamento do paradigm no desenvolvimento. Muitos programas de desenvolvimento foram começados nas comunidades tais como o Maasai em muitas partes diferentes de Kenya onde estes povos vivem. Entretanto, a maioria dos projetos do desenvolvimento falharam. Os governos e os sócios do desenvolvimento estão tentando alcançar o desenvolvimento sustainable com a participação e dirigir a participação por comunidades. Entre as edições para o sucesso é a participação no desenvolvimento de política. Gillis discute, “as terras comuns da comunidade utilizaram a perícia significativa e a capacidade de um movimento diverso, crescente dos grassroots e de uma respresentação indígena da comunidade dentro da política internacional processa” 19. Isto ajudou educar especialmente as comunidades sobre suas direitas humanas em edições da terra e das mulheres.
Hodgson, Dorothy L., “guerreiros uma vez Intrepid, Gender, etnicidade, e a política

Cultural do desenvolvimento de Maasai”, 2001. As edições do Gender são outros fatores challenging que afetam o sucesso do desenvolvimento em sociedades do pastoralist. Entre o Maasai, o dominance masculino é pronunciado bem. Entretanto, o advocacy para o empowerment das mulheres e direitas humanas causou noções diferentes na comunidade. Entre o Maasai de Tanzânia, Dorothy Hodgson encontrou para fora que “esta história sobre visões competindo do desenvolvimento destaca o centrality do gender a tais diferenças e os debates e as possibilidades para reconciling contrastar exigem” 20. “Mas… como a maioria de anecdotes do desenvolvimento, mascara um elemento crucial da história - a história longa de intervenções do desenvolvimento entre Maasai” 21. Muitas mulheres de Maasai têm começado agora grupos pequenos do self-help. Estes grupos podem ajudar em trazer a mulheres o edifício do empowerment e da capacidade de seus programas.

Madsen, Andrew, “o Hadzabe de Tanzânia; Terra e direitas humanas para uma comunidade do Caçador-Gatherer”, 2000. Muitos agentes e governos do desenvolvimento discutem que Pastoralist e os Gatherers do caçador destroem o ecology devido à caça ou a se agrupar. Este livro explica que os caçador-gatherers protegem o ambiente. Do mesmo modo, o Maasai utiliza os recursos naturais em um contrapeso para permitir a regeneração da diversidade bio. “Como muitos povos nomadic e semi nomadic, a licença de Hadzabe pouco impacto visível em seu ambiente” 22. “O fato que saem de sinais visíveis pequenos de sua ocupação e de uso de terra a terra é uma das razões porque as comunidades neighbouring consideram sua terra como as terras abertas ou não utilizadas” 23. Maasailand é visto também como terras não utilizadas em Kenya. Outros estudos de caso através de África do leste podem ajudar explicar a finalidade deste estudo.

Leys, Colin, “a ascensão e a queda da teoria do desenvolvimento”, 1996.
C.Leys discute que os países africanos especialmente Kenya embraced a economia de capitalista e adotaram a teoria da dependência para seus programas de desenvolvimento. A teoria da dependência “sugeriu que havia três obstáculos seemingly insuperable ao desenvolvimento de Kenya sob o capitalismo: (1) a estrutura da economia colonial, que pareceram unconducive ao uso eficiente dos recursos nacionais mas que foram feitos exame sobre pela maior parte intact pelo regime independente entrante” 24. As edições da terra de Maasai e resistentes à mudança são relacionados com a teoria do desenvolvimento adotada pelo Kenya independente.

Materne, Yves, “Awakening Indian em América Latin”, 1980. Aparte de Kenya e dos efeitos do leste de África da colonização seja muito similar. Podem ajudar a este estudo relacionam os efeitos da colonização em comunidades nativas. De acordo com Materne Yves, “se nós estudarmos a história da colonização do nosso país, nós podemos compreender mais melhor a natureza dos settlers” 25. Os Ingleses colonized Kenya. O estudo de Kenya colonial pode dar introspecções na história do desenvolvimento de Maasai durante este período e seu impacto nos meios de subsistência da comunidade.

Ogendo, H.W.Okoth, “Tenants da coroa; Evolução da lei e de instituições Agrarian em Kenya”, 1991. Os abusos das direitas humanas entre o Maasai de Kenya começaram após os 1904 1911 acordos entre o Maasai e a colônia britânica. “Pelo primeiro acordo, pelo Maasai, agindo através de suas cabeças ritual, concordadas alegada de sua própria vontade livre que estava em seu mais melhor interesse remover seus povos, por rebanhos e por rebanhos em reservations definitivos longe de toda a terra abra ao estabelecimento europeu, e ao movimento a Laikipia” 26. “Aproximadamente 11.200 Maasai e sobre dois milhão estoques perderam sua terra a 48 Europeus que seguem este tratado” 27. Os efeitos dos tratados Anglo de Maasai de 1904 e de 1911 são sentidos ainda por esta comunidade hoje. A maioria de problemas associaram com a terra originam do este tratados.

Posey, Daurell A. e Graham Dutfield, “além da propriedade intelectual; Para o recurso tradicional endireita em povos indígenos e em comunidades locais”, 1996.
As direitas de propriedade intelectual transformaram-se uma edição nos anos recentes. O autor está propondo as edições levantadas pelos povos indígenos que estão discutindo que os investigadores estão estudando sua propriedade intelectual e a usam beneficiar outra sem diretamente lhe dar para trás alguns dos benefícios. O “conhecimento e os recursos tradicionais são centrais à manutenção da identidade para povos indígenos. , Controle conseqüentemente theses que excedentes os recursos são do interesse central em seu esforço para o self-determination” 28. O termo TRR emergiu para definir muitos pacotes das direitas que podem ser usadas para a proteção, a compensação, e o commservation” 29. Em Kenya, muitos negócios tourist usam muitos de artigos de Maasai tais como retratos, pano, e arte -final atrair os turistas. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will change if oriented and approached in a way they feel is correct for them to go through. People and communities will also change as they adapt new ways of life finding the old ones as less meaningful anymore. Criticism will give them strength because they will ask the question as to why westerners or governments are interested in the practice, which they as a people knew it from generations as a good practice. “Westerns feminists’ discourses on sexuality are becoming incorporated into local anti (FGC) campaigns through out Africa, thus giving rise to new debates”57. “The way that outraged western women championed the issue has since been accused of leveling latent racism, intellectual neo-colonization … and efforts to eradicate (FGM) have been seen as

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1 bakgrund 1.0

för KAPITEL ETT till studie
mänsklig rättighet befordran och utveckling är utländska ideologir som introduceras till Afrika av det västra. ”Sedan 1978 världsbankenen, samman med andra oljedoseringar, har varit förlovade i en programmera av bekant aktiviteter, som `- samkvämet dimensionerar av justering' (SDA)…, var det högsta medlet för armod-alleviation utlåning att vara den lantliga inbyggda utvecklingen projekterar (RIDP)… armod skulle lättas av den nedåtriktade f8orlängningen för lodlinjen av `- modernisation” 1. Utvecklingsteorin härleddes ”för att se varför, den är användbar att börja med en owls synar beskådar av människahistoria över förflutnan 10.000 år eller så, sedan avgjort jordbruk började först att byta ut jakt och sammankomsten… adventen av kapitalism i de femtonde och sextonde århundradena, emellertid och framför allt adventen av industriell kapitalism i det sena artonde århundradet, tvingade faktumet av ekonomisk, social, politisk och kulturell utveckling för människan på folkets uppmärksamhet” 2.
Utvecklingsteorier och mänsklig rättighet, inklusive feminism, har overtaken regeringar och påverkade samhällen i Kenya lika Maasai och Ogiek. Enligt Leys ”mest tredje världländer, därefter som när som helst finner sig som är mer sårbar som, sedan de koloniserades först. Deras ekonomier var minst brunn som förlades för att blomstra i det nya globalt, marknadsför förlägger” 3. Detta betydde att de gemenskaper, att stilla öva Nomadism och jägaresammankomsten var dåligare sårbar än statlig. Det socio - den politiska och ekonomiska livelihooden av dessa gemenskaper är inte ännu kompatibel med utvecklingsteorier på olika sätt. Det har ledde också till intressekonflikten mellan utveckling, pastoralists och Jägare-sammankomst gemenskaper. Detta är riktigt, därför att ”teckenet av afrikansk ekonomisk utveckling i de tjugo åren från 1960 till 1980 är konstigt oklart. Detta har a åtskilligt som ska göras med storleksanpassa och mångfalden av kontinenten” 4. ”Under 50-tal och 60-tal var flera teorier som var bekant som moderniseringteorier, framstående, i påverkan utvecklings- tänkande. Dessa teorier kritiserades tungt i 70-tal och 80-tal, men de verkar för att vara elastiska och för att ha re-emerged i nya klädsel i den nya neo-liberalen pushen. I dag främjar regeringar och landskampbyråer utvecklingsstrategier som baseras på ett fritt - marknadsföra principen och på ekonomisk rationality i deras strävanden in mot att tåla ekonomisk tillväxt och industrialization. Incidentet som spåras kanske till genomförandet av påstå-sponsrad utveckling för moderniseringpolitik, projekterar itu: utveckling programmerar för marginella gemenskaper och den gröna rotationen” 5. Detta har ledde till en intressekonflikt mellan det modernt och det traditionellt. Denna konflikt kan finnas in bildar av befordran av sedentary existens, modern utbildning, utfärdar kvinnor och landambetstidsystem.
Syften för denna forskning på att diskutera utfärdar som har gjort de riktade gemenskaperna dvs. Maasaien i synnerhet som motstår ändring. I den sena 70-tal fanns det den kenyanska debatten, som kan förbindas med läget av Maasaien för närvarande. Debatten ”… var om huruvida kapitalistisk utveckling är möjligheten på peripheryen av världskapitalistsystemet. Emellertid ”conceptualized Rostow utveckling längs en oavbruten följd av historisk ändring som allt samhälle kan lokaliseras på” 7. ”För Rostow, måste alla utvecklingssamhällen att passera till och med fem arrangerar traditionellt, tar pre av, starten, drevet till mognad och samlas förbrukningssamhälle” 8. Reflektera till den kenyanska debatten, har Maasai varit beroende mestadels på lättnadsmat när torkawipes ut mest av deras boskap. Maasaien också har aldrig framkallat ny väg av att möta utmaningarna som orsakas av de naturliga calamitiesna. Detta är, därför att, ändringsmedlet har inte involverat gemenskapen, i att planera, att genomföra och att avgöra på tillvägagångssättet.
”Beskådar andra Modernisationtheorists enkelt det processaa av moderniseringen som omformningen av traditionellt samhälle in i modernt samhälle som föreställs invariably av västra länder” 9. ”I jaga av det sist årtiondet, har många afrikanska regeringar tagit långtgående reform mäter för att främja forekonomisk tillväxt, och att förstärka deras anknyter med den globala ekonomin. Hjälpt av landskampekonomisk institution däribland packar ihop den afrikanska utvecklingen gruppen (ADB), har den stora majoriteten av afrikanska länder genomfört olik strukturell justering, och politikreform programmerar” 10. Gilla de afrikanska nationerna, har mest pastoralistgemenskaper nu startat att luta på räcker outs från regeringen, och utvecklingen programmerar. Gemenskaper har borttappad livelihoodriktning till och med förvirringen som introduceras av den nya regerings- politiken för ändring. ”Ifrågasätter kritiker och radikaler förbindelsen av den globala ojämlikheten och kulturella herravälden som antyds i idén av utveckling sig själv. Byråer för landskamputveckling ägnar deras politik bearbetar till reviderande constantly och reframing utveckling för att som ska stöttas upp deras legitimitet i en fasta som ändrar politisk miljö” 11. Utvecklingsbyråer liksom avdelning av landskamputveckling (DFID) sätter en raddaenergi för att finna ett nytt fokuserar och politisk legitimitet i landskampmålet av förminskande armod, deltagande och partnerskap as well as medborgare rätter och demokrati. Politikutveckling för brunnen klarad av global utveckling är ett nyckel- dela upp i faktorer nu” 12.

1.1 Problemmeddelande.
·, Mänsklig rättighet och utveckling har mindre övertyga som är menande för ändring av de afrikanska samhällena för uppsätta som mål liksom Jägare-Ihopsamlarear och nomad- Pastoralists. I motsats till kulturellt övar, beskådar Maasaien dessa utfärdar, som ett trick som tar away land- och spearheadförlust av kulturellt, övar, som sägs för att vara bakåtriktat av utvecklingsmedel.
·, Ett annat problem är bristen av gemenskapmedverkan i beslutsfattande, projekterar genomförandet och att planera liksom resettlement, formell utbildning, och kvinnor utfärdar som inkluderar bemyndigande. Detta har ledde till beroendet och underexponering.
·, Dominera utvecklingsparadigms hysa inte de nomad- och för jägaren annalkande samhällena i deras konventionella utvecklingsdagordningar, utvecklingspolitik och tänkande. Något av resonerar för detta är, därför att, ”språket av utvecklingsretorik- och handstiländringar fastar. Verkligheten av utveckling övar fängelsekunder bak språket” 13. Politik gynnar inte funktionslägena av liv av Maasaien.

1.2 Mål av denna studie.
a) För att föra en omfattande analys av utvecklingsläget av Maasaien av Kenya med något hänvisa till av fallstudiear i andra nomad- pastoralistssamhällen, jägareihopsamlarear och prestationer av utveckling efter 60-tal i dessa gemenskaper.
b) Kritiskt för att analysera läget av Maasaien av Kenya på mänsklig rättighet utfärdar, och barriärerna, som hinder ändring i genus, utfärdar, funktionsläget av liv och kulturellt övar. .
c) Att företa sig djupgående analys av fallstudiear av utveckling programmerar för att identifiera bäst övar med en avkänning att undvika mänsklig rättighetkränkningar as well as danande som en dokumentation av tillgängliga data på mänsklig rättighet utfärdar och utveckling.
D) För att identifiera anknyter som kan hjälpa landsförvisar, och regerings- medel som använder Maasai folk kunskap för att uppnå deras utvecklings- och mänsklig rättighetadvocacy, projekterar.

1.3 LITTERATUR GRANSKAR
denna litteratur granskar fokuserar på olika diskussioner på området av mänsklig rättighet och utveckling som vänder mot bestämt de Pastoralist gemenskaperna och specifikt Maasaien av Kenya. Utveckling introducerades till östliga Afrika av kolonialmakterna. Olika gemenskaper mottog utveckling på olika sätt. Andra gemenskaper hade negationinställningar beroende av hur de märkte det och på hur implementersna introducerade öva. Denna studie använder granska för att komma med om mellanrummen som har ledde till de olika problemen, som har vänt mot sätta in av utveckling och mänsklig rättighet bland Maasaien. Det ska syfte på att markera något av det salient resonerar också för inställningarna in mot dessa utfärdar av utveckling och mänsklig rättighet. Fallstudiear från andra världsdelar ska granskas också.
Bodley, John H., ”antropologi och samtidamänniskaproblem”, 2001.
Detta bokar fokuserar på samtida utfärdar rörs världskulturer och hjälper avläsaren att förstå att his/henne placera på det globala fjäll. Kulturella problem för ström som är bly- till intressekonflikten till antingen gemenskap. Dessa kulturer kan presenteras som det små fjäll, det stora fjäll som är politiskt, och det globala fjäll benämner in av reklamfilm. Dessa typer av bly- kulturer som kämpar som gemenskaper, och annat samkväm beställer försök till sökanden för överlevnad.
J.Bodley argumenterar, ”förutom upprättande av en lyckad anpassning till den naturliga miljön, måste varje människasamhälle underhålla ett bestämt minsta jämnar av inre beställer och säkerhet för att fortleva. Samkvämet beställer problemet ändrande igen med den nya uppkomsten av globalt organiserad kultur, därför att fjäll av elit driver blev långt mer större, än någon forntida civilisation” 14. Elitkulturen är mer utsatt vid formell utbildning och organiseras väl. Andra etniska gemenskaper frånsett Maasaien delar for example inte Maasai kultur. Ta fram till modern information är därför en stor utmaning till Maasaien.

Bodley John. H ”offer av framsteg”, 1999.
I detta boka, J.Bodley skisserar något av resonerar varför bestämda gemenskaper underhåller deras kultur. Miljön och andra naturresurser begränsar dem från att anpassa en fastautvecklingsflyttning för nya ändringar. I förbindelse till denna studie har Maasaien också motstått följder för ändring tack vare som har mött dem i det processaa av ändring. Nya funktionslägen av livelihoods som introduceras till dem, uppmuntrar mer armod. ”Vårdas förlusten av ekonomisk autonomi av politisk erövring, därför att infödda grupper måste underhålla kontrollerar över deras resurser för att återstå självförsörjande” 15. Historically infött bemannar har inte varit passivumoffer av utvidgning av storskaliga kulturer. Den mest lova nya utvecklingen var uppkomsten av den infödda 4peoplesen' självbestämmanderörelse under 70-tal” 16. Maasaien av Kenya sammanfogade emellertid denna rörelse i 90-tal, som den mer sistnämnda studien ska showen.

Brezinger Mathias, ”Mukokodoen Maasai: en Ethnobotanical granskning”, något liknande för 1995.The Maasai någon annan. Pastoralist samhälle beror på betar och bevattnar främst för överlevnaden av deras boskap, som är ryggraden av deras livelihood. Maasai använder också växter för mat. Men betyds mest av växterna för boskap. ”Endast sätts lilla minoriteter av dessa växter inte till något bruk” 17. Tack vare livlösheten av miljön, var Maasaien bor, måste de flyttningen för att tåla deras boskap. Växter används också för huskonstruktioner selektivt. ”Kräver konstruktionen av hus en specifik kunskap om kvaliteterna av olika sorter av trä och deras hållbarhet, som de bör vara på länge” 18. Utveckling bör därför betrakta den folk kunskapen av Maasaien, om hållbara resultat siktas på.

Gillis Nancy och Sean Southey, ”nya strategier för utveckling, en gemenskap förar dialog för möte av milleniumutvecklingsmålen”, 2005. Detta bokar sätter utfärdar framåtriktat som har ledde till paradigmförskjutningen i utveckling. Många utvecklingsprogram har startats i gemenskaper liksom Maasaien i många olika delar av Kenya var dessa folk bor. Emellertid projekterar har mest av utvecklingen missat. Regeringar och utvecklingspartners är prövas att nå fram till hållbar utveckling till och med medverkan och att rikta deltagande av gemenskaper. Bland utfärdar för framgång är medverkan i politikutveckling. Gillis argumenterar, ”använde gemenskapallmänningarna den viktiga sakkunskapen, och kapacitet av en olik växande rörelse av gräsrötter och en infödd gemenskapframställning inom landskamppolitik bearbetar” 19. Detta har hjälpt att utbilda gemenskaperna om deras mänsklig rättighet speciellt på land, och kvinnor utfärdar.
Hodgson, Dorothy L., ”en gång Intrepid krigare, genus, etnicitet och den kulturella

politiken av Maasai utveckling”, 2001. Genuset utfärdar är annan som utmanar, dela upp i faktorer den affektframgång av utveckling i pastoralistsamhällen. Bland Maasaien uttalas den male herravälden väl. Emellertid har advocacy för kvinnabemyndigande och mänsklig rättighet givit löneförhöjning till olika aningar i gemenskapen. Bland Maasaien av Tanzania grundar Dorothy Hodgson ut att ”denna berättelse om att konkurrera visioner av utveckling markerar centralityen av genuset till sådan skillnader och debatter och möjligheterna för att förena att kontrastera begär” 20. ”Men… något liknande mest utvecklingsanekdoter, maskerar det en avgörande beståndsdel av berättelsen - lång historia av utvecklingsingripanden bland Maasai” 21. Många Maasai kvinnor har nu startat lilla self-helpgrupper. Dessa grupper kan hjälpa, i att komma med kvinnor bemyndigande, och kapacitetsbyggnad av deras programmerar.

Madsen Andrew, ”Hadzaben av Tanzania; Land och mänsklig rättighet för enIhopsamlare gemenskap”, 2000. Många utvecklingsmedel och regeringar argumenterar att Pastoralist och jägareihopsamlarear förstör jakten eller samlas för ekologi tack vare endera. Detta bokar förklarar att jägare-ihopsamlarearna skyddar miljön. Jämväl använder Maasaien naturresurserna i en balansera för att låta regeneration av den bio mångfalden. ”Gilla många nomad-, och halvt nomad- bemannar, de lite synliga Hadzabe tjänstledighetarna får effekt på deras miljö” 22. ”Är faktumet, att de lämnar lite synligt tecken av deras ockupation och bruk av landet landet, ett av resonerar varför neighbouring gemenskaphänseende deras land som öppna eller oanvända länder” 23. Maasailand ses också som oanvända länder i Kenya. Andra fallstudiear över östliga Afrika kan hjälpa att förklara ämna av denna studie.

Leys, Colin, ”löneförhöjningen och nedgången av utvecklingsteorin”, 1996.
C.Leys argumenterar att afrikanska länder speciellt Kenya omfamnade den kapitalistiska ekonomin och adopterade beroendeteorin för deras utvecklingsprogram. Beroendeteorin ”föreslogg att det fanns tre seemingly oöverkomliga hinder till utvecklingen av Kenya under kapitalism: (1) strukturera av den koloniala ekonomin, som verkade unconducive till det effektiva bruket av medborgareresurser, men som togs över i hög grad intakt av det inkomma oberoende styret” 24. Det Maasai landet utfärdar, och resistent att ändra förbinds med utvecklingsteorin som adopteras av den oberoende Kenya.

Materne Yves, ”det indiska uppvaknandet i Latinamerika”, 1980. Frånsett verkställer Kenya och östliga Afrika av colonization är mycket liknande. De kan hjälpa denna studie förbinder verkställer av colonization i infödda gemenskaper. Enligt Materne Yves, ”, om vi studien historien av vårt lands colonization, oss kan förstå bättre naturen av nybyggarna” 25. Den britt koloniserade Kenya. Studien av koloniala Kenya kan ge inblickar på historien av Maasai utveckling under denna period, och dess få effekt på gemenskaplivelihooden.

Ogendo H.W.Okoth, ”hyresgäster av kröna; Evolution av Agrarian lag och institutioner i Kenya”, 1991. Mänsklig rättighetmissbruk bland Maasaien av Kenya började efter de 1904 1911 överenskommelserna mellan Maasaien och den brittiska kolonin. ”Vid den första överenskommelsen, Maasaien som agerar till och med deras rituella huvud, allegedly överens av deras egna frivillighet, att den var i deras största vikt att ta bort deras folk, flockar och flockar in i bestämd beläggning i väg från något land öppna till europébosättningen och till flyttningen till Laikipia” 26. ”Lagerför ungefärligt 11.200 Maasai och över två miljoner borttappadt deras land till 48 européer efter detta fördrag” 27. Verkställer av de Anglo Maasai fördragen av 1904, och 1911 är stilla klädde med filt vid denna gemenskap i dag. Mest problem som är tillhörande med land, påbörjar från detta fördrag.

Posey Daurell A. och Graham Dutfield, ”det okändaimmateriell rättighet; In mot traditionella resursrätter i infödda folk- och lokalgemenskaper”, 1996.
Immateriell rättigheträtter har blivit en utfärda i de nya åren. Författare sätter framåtriktat utfärdar lyftt av infött bemannar vem argumenterar att forskare studerar deras immateriell rättighet och använder den för att gynna andra utan direkt att ge dem baksida som något av gynnar. ”Är kunskap och traditionella resurser centralen till underhållet av identiteten för infött bemannar. Kontrollera över teer som resurser är av centralbekymmer i deras ansträngning för självbestämmande” 28, därför. Benämna TRR har dykt upp för att definiera de många packarna av rätter som kan användas för skydd, kompensation och commservation” 29. I Kenya använder många turist- affärer en raddaMaasai objekt liksom stående, torkduken och konstverk för att tilldra turisterna. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will change if oriented and approached in a way they feel is correct for them to go through. People and communities will also change as they adapt new ways of life finding the old ones as less meaningful anymore. Criticism will give them strength because they will ask the question as to why westerners or governments are interested in the practice, which they as a people knew it from generations as a good practice. “Westerns feminists’ discourses on sexuality are becoming incorporated into local anti (FGC) campaigns through out Africa, thus giving rise to new debates”57. “The way that outraged western women championed the issue has since been accused of leveling latent racism, intellectual neo-colonization … and efforts to eradicate (FGM) have been seen as an imperialistic intervention from meddling westerners of privilege”58. “Female circumcision has emerged as a test case for cultural relativism as scholars struggle with how to approach the issue intellectually, emotionally and morally” 59.
It seems that certain Non Governmental Organizations carrying out the campaigns against women circumcision therefore have other interests apart from eradication of the practice. Among the Maasai of Kenya, organizations such as German Development Cooperation (GTZ) work with the Ministry of Health in an effort to eradicate the practice. It has however identified certain areas of operations such as Narok District. It seems that other interests such as bio diversity and conservation have been used by this organization. But women issues as indicated by this rese

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ГЛАВЫ ОДНОЙ к промотированию
прав человека изучения и развитием будут чужие мировоззрения введенные к Африке западом. «С 1978 Всемирный Банк, совместно с другими дарителями, был включен в программе деятельностей известных как размеры `социальные регулировки' (SDA)… главный, котор корабль для скудост-alleviation одалживая должен был быть сельской скудостью комплексного проекта развития (RIDP)… должен был быть разрешенным выдвижением вертикали ухудшающимся модернизации» 1 `. Теория развития была выведена «для того чтобы увидеть почему, полезно начать с взглядом глаза сыча людской истории над прошлыми 10.000 летами или так в виду того что установленное земледелие сперва начало заменять ть звероловство и сход… пришествие капитализма в пятнадцатых и шестнадцатых столетиях, однако, и прежде всего пришествие промышленного капитализма in the late восемнадцатое столетие, принудила факт людские хозяйственного, социально, политическо и культурного строительства на внимании» 2 людей.
Теории и права человека развития, включая феминизм, настигали правительства и повлиянные на общества в Кении как Maasai и Ogiek. Согласно Leys, «большинств страны третия мир, после этого, считаемые уязвимо то в любое время в виду того что они сперва были колонизированы. Их экономии были наиболее меньше хорошими помещенные к процветают в новом месте» 3 мирового рынка. Это намеревалось что те общины все еще практикуют Nomadism и сход охотник был плох уязвим чем положение. Socio - политический и хозяйственный livelihood этих общин не пока совместим с теориями развития в различных дорогах. Оно также водило к конфликту интересов между развитием, pastoralists и общины Охотник-собирать. Это поистине потому что «характер африканский экономическое развития в 20 летах от 1960 до 1980 странно неясн. Это имеет много сделать с размером и разнообразностью материка» 4. «Во время 1950s и 1960s несколько теорий, известных как теории модернизации, были видно в влиять на отработочный думать. Эти теории тяжело были рецензированы в 1970's и 1980's, но они кажется, что будут resilient и re-emerged в новых guises в недавнем neo-либеральном нажиме. Сегодня, правительства и международные организации повышают стратегия развития основанные на свободно - выйдите принцип вышед на рынок на рынок и на хозяйственной разумности в их работе к терпеть и индустриализацию экономический роста. Случай возможно трассировал к вставке политик модернизации в 2 положени-спонсированных проектах развития: программы развития для предельных общин и зеленого витка» 5. Это водило к конфликту интересов между самомоднейшим и традиционным. Этот конфликт можно найти в форме промотирования сидячего существования, самомоднейшего образования, вопросов женщин и систем tenure земли.
Это исследование aim at обсудить вопросы делало пристрелнные общины т.е. Maasai в частности для того чтобы сопротивлять изменению. In the late 1970s, был debate Kenyan, который можно отнести с ситуацией Maasai в настоящее время. Debate «… был около ли capitalistic развитие по возможности на периферии системы капитализма мира. Однако, «Rostow conceptualized развитие вдоль континуума историческия перемены на котором все общество можно расположиться» 7. «Для Rostow, все общества развития должны пройти через 5 этапов традиционные, pre take off, взлет, поворот к зрелости и общество» 8 потребления массы. Отражающ к debate Kenyan, Maasai зависело главным образом на еде сброса когда wipes засухи вне большое часть из их поголовья. Maasai также никогда не начинало новые дороги соотвествовать причиненные стихийное бедствие. Это потому что, вещество изменения не включало общину в запланирование, снабжая и решая на образе действий.
«Другие theorists модернизации просто осматривают процесс модернизации как преобразование традиционного общества в самомоднейшее общество беспеременно представленное западными нациями» 9. «В процессе последней декады, много африканских правительств принимали далеко - достигающ измерения реформы повысить быстро экономический роста и усилить их соединения с международной экономикой. Я помогать международными финансовыми институтами включая группу Африканского банка развития (ADB), большое большинство африканских стран снабжало различные структурно регулировку и программы» 10 реформы политики. Как африканские нации, большинств общины pastoralist теперь начинали положиться в наличии выходы от правительства и программ развития. Общины потеряли направление livelihood через запутанность введенную новыми государственными политиками для изменения. «Критики и радикалы спрашивают отношения глобальной неравноправности и культурного засилья подразумеваемых в идее самей развития. Агенства для международныа события посвящают их процессы политики к постоянн корректируя и reframing развитию для того чтобы shore up их легитимность в быстрой изменяя политической окружающей среде» 11. Агенства развития such as отдел международныа события (DFID) кладут множество энергии найти новый фокус и политическую легитимность в международной цели уменьшения скудости, участия и партнерства также, как права и народовластие гражданина. Разработкой правил для развития управляемого добром глобального будет ключевой фактор теперь» 12.

1.1 Заявление проблемы.
· Права человека и развитие имеют более менее убеждать смысль для изменения обществами цели африканскими such as Охотник-Gatherers и кочевническое Pastoralists. Не похоже на культурным практикам, взгляду Maasai эти вопросы как выходка take away потеря земли и spearhead культурных практик, которые как сказано ОН назад веществами развития.
· Другой проблемой будет отсутсвие запутанности общины в проектах процесса принятия решений, вставкы и запланирования such as resettlement, официальном образовании и вопросах женщин которые вклюают empowerment. Это водило к зависимости и недоразвитости.
· Преобладая парадигмы развития не приспосабливают кочевническое и охотник собирая общества в их mainstream повестках дня развития, политики развития и думая. Некоторые из причин для этого потому что, «язык риторики развития и сочинительство изменяют быстро. Реальность практики развития запаздывает за языком» 13. Политики не благоволят к режимам жизни Maasai.

1.2 Задачи этого изучение.
a) Дирижировать обстоятельную справку состояние развития Maasai Кении с некоторой справкой разборов конкретных хозяйственных ситуаций в других кочевнических обществах pastoralists, gatherers охотника и достижениях развития с 1960s в этих общинах.
b) Критически проанализировать ситуацию Maasai Кении на вопросах прав человека и барьерах мешают изменение в вопросах gender, режим жизни и культурные практики. .
c) Предпринять глубокий анализ разборов конкретных хозяйственных ситуаций программ развития определить самые лучшие практики с чувством избежать нарушений прав человека также, как делать документацию имеющиеся данные на вопросах и развитии прав человека.
d) Определить соединения могут помочь экспатриируют и вещества правительства для использования знания Maasai фольклорного достигнуть проекты их advocacy развития и прав человека.

1.3 ПРОСМОТРЕНИЕ СЛОВЕСНОСТИ
фокусы этого просмотрения словесности на различных обсуждениях на зоне прав человека и развития определенно смотря на общины Pastoralist и специфически Maasai Кении. Развитие было введено к East Africa колониальными державами. По-разному общины получили развитие в различных дорогах. Другие общины имели недоброжелательные отношения в зависимости от как они восприняли его и на как implementers ввели практику. Это изучение использует просмотрение для того чтобы принести около зазоры водило к различным проблемам смотрело на поле развития и прав человека среди Maasai. Оно также aim at выделить некоторые из salient причин для ориентаций к этим вопросам развития и прав человека. Разборы конкретных хозяйственных ситуаций от других частей мира также будут расмотрены.
Bodley, H. Джон, «антропология и современные людские проблемы», 2001.
Эта книга фокусирует на современных вопросах влияя на культуры мира и помогает читателю понять его/ее положение на глобальном маштабе. В настоящее время культурные проблемы водят к конфликту интересов к любой общине. Этими культурами можно отличать как малый маштаб, большим диапазоном которое будет политический и глобальный маштаб in terms of реклама. Эти типы культур водят для того чтобы противоречить по мере того как общины и другой социальный заказ пытаются изыскивать для выживания.
J.Bodley спорит, «в дополнение к устанавливать успешно приспособление к естественной окружающей среде, каждое людское общество должно поддерживать некоторый минимальный уровень внутренне заказа и обеспеченности для того чтобы выдержать. Социальная проблема заказа изменяла снова с недавней эмерджентностью гловально организованной культуры потому что маштаб силы элиты стал далекие greater than любая стародедовская цивилизация» 14. Культура элиты больше подвергается действию официальным образованием и наилучшим образом организуется. Другие этнические общины отдельно от Maasai например не делят культуру Maasai. Доступом к самомоднейшей информации будет поэтому большая возможность к Maasai.

Bodley, Джон. H, «жертвы прогресса», 1999.
В этой книге, J.Bodley конспектирует некоторые из причин почему одни общины поддерживают их культуру. Окружающая среда и другие природные ресурсы ограничивают их от приспосабливать быстрое движение развития для новых изменений. В отношениях к этому изучению, Maasai также сопротивляло изменению из-за последствий которое сталкивалось они in the process of изменение. Новые режимы livelihoods введенных к им ободряют больше скудости. «Потеря хозяйственной автономии воспитана политическим завоеванием потому что индигенные группы должны поддерживать управление над их ресурсами для того чтобы остать self-sufficient» 15. Исторически, коренные народности не были пассивными жертвами расширения широкомасштабными культурами. Самым перспективнейшим новейшей разработкой была эмерджентность индигенного 4peoples' движения самоопределения во время 1970s» 16. Maasai Кении однако соединило это движение в 1990s, по мере того как изучение покажет более поздно.

Brezinger, Mathias, «Mukokodo Maasai: обзор Ethnobotanical», 1995.The Maasai любит любое другое. Общество Pastoralist зависит главным образом на выгоне и воде для выживания их поголовья, которое будет костяком их livelihood. Maasai также использует заводы для еды. Но, большой часть из заводов намеревается для поголовья. «Только малые несовершеннолетия этих заводов не положены к любой пользе» 17. Из-за aridity окружающей среды где Maasai в реальном маштабе времени, они должно двинуть для того чтобы вытерпеть их поголовье. Заводы также использованы для конструкций дома селективно. «Конструкция домов требует специфически знания о качествах по-разному видов древесины и их стойкости по мере того как они должны продолжать for a long time» 18. Развитие должно поэтому рассматривать фольклорное знание Maasai если sustainable результаты aim at.

Gillis Нэнси и Шон Southey, «новые стратегии для развития, диалог общины для встречать цели развития тысячелетия», 2005. Эта книга put forward вопросы водили к переносу парадигмы в развитие. Много программ развития были начаты в общинах such as Maasai в много по-разному частей Кении где эти люди живут. Однако, большой часть из проектов развития терпела неудачу. Правительства и соучастники развития пытаются достигнуть sustainable развития через запутанность и непосредственного участия общинами. Среди вопросов для успеха находится запутанность в разработке правил. Gillis спорит, «общие общины использовали значительно экспертизу и емкость разнообразного, движения grassroots и индигенного представления общины в пределах международной политики обрабатывает» 19. Это помогало дать образование общинам о их правах человека специально на вопросах земли и женщин.
Hodgson, L. Дороти, «раз бестрепетные ратники, Gender, Ethnicity, и культурная

политика развития Maasai», 2001. Вопросами Gender будут другие challenging факторы влияют на успех развития в обществах pastoralist. Среди Maasai, мыжское засилье наилучшим образом произнесено. Однако, advocacy для empowerment женщин и прав человека give rise to по-разному придумки в общине. Среди Maasai Танзании, Дороти Hodgson нашло вне что «этот рассказ о состязаясь зрениях развития выделяет сосредоточенность gender к таким разницам и debates и возможности для примирять сравнивать требуют» 20. «Но… как большинств анекдоты развития, оно маскирует критический элемент рассказа - длинней истории интервенций развития среди Maasai» 21. Много женщин Maasai теперь начинали малые группы самопомощи. Эти группы могут помочь в приносить женщинам здание empowerment и емкости их программ.

Madsen, Андрю, «Hadzabe Танзании; Земля и права человека для общины Охотника-Gatherer», 2000. Много вещества и правительств развития спорят что Pastoralist и охотник Gatherers разрушают экологичность из-за или звероловства или табунить. Эта книга объясняет что охотник-gatherers защищает окружающую среду. Likewise, Maasai использует природные ресурсы в балансе для того чтобы позволить регенерацию bio разнообразности. «Как много кочевнических и semi кочевойа народ, разрешение Hadzabe меньший видимый удар на их окружающей среде» 22. «Факт что они выходят маленькие видимые знаки их занятия и польза земли земля одной из причин почему соседские общины считают их землю как открыто или неиспользуемые земли» 23. Maasailand также увидено как неиспользуемые земли в Кении. Другие разборы конкретных хозяйственных ситуаций через East Africa могут помочь объяснить цель этого изучения.

Leys, Colin, «понижение и повышение теории развития», 1996.
C.Leys спорит что африканские страны специально Кения обняли капиталистическую экономику и приняли теорию зависимости для их программ развития. Теория зависимости «предложила что были 3 seemingly непреоборимых препоны к развитию Кении под капитализмом: (1) структура колониальной экономии, которая показались unconducive к эффективной пользе национальных ресурсов но которая take over больш intact входящим независимо режимом» 24. Вопросы земли Maasai и упорные к изменению отнесены при теория развития принятая независимо Кенией.

Materne, Yves, «индийский будить в латинской америке», 1980. Отдельно от влияний Кении и East Africa колонизации будьте очень подобно. Они могут помочь этому изучению отнесли влияния колонизации в родних общинах. Согласно Materne Yves, «если мы изучаем историю колонизации, то нашей страны, мы можем понять более лучше природу поселенцев» 25. British колонизировали Кению. Изучение колониальной Кении может дать проницательности на истории развития Maasai в это время и своего удара на livelihood общины.

Ogendo, H.W.Okoth, «наниматели кроны; Развитие земельного закона и заведений в Кении», 1991. Злоупотребления прав человека среди Maasai Кении начали после 1904 1911 согласования между Maasai и великобританской колонией. «первым согласованием, Maasai, действуя через их ритуальные головки, allegedly согласил их собственного абсолютной свободы человеческой воли что оно находилось в их наилучшем проценте извлечь их людей, стай и табунов в определенные ресервирования далеко от любой земли раскройте к европейскому выселку, и к движению к Laikipia» 26. «Приблизительно 11.200 Maasai и над 2 миллиона штоком потеряли их землю до 48 европейцев следуя за этим договором» 27. Влияния англо договоров Maasai 1904 и 1911 все еще чувствуются этой общиной сегодня. Большинств проблемы связали с землей возникают от этого договоры.

Posey, A. Daurell. и Graham Dutfield, «за интеллектуальной собственностью; К традиционному ресурсу выпрямляет в коренныа народности и местные общинах», 1996.
Интеллектуальные права на собственность были вопросом в недавних летах. Автор put forward вопросы поднятые коренными народности спорят что исследователя изучают их интеллектуальную собственность и используют ее для того чтобы помочь другим без сразу давать им назад некоторые из преимуществ. «Знание и традиционные ресурсы центральны к обслуживанию тождественности для коренных народности. Поэтому, контролируйте излишек тезисы, котор ресурсы центральной заботы в их схватке для самоопределения» 28. Термина TRR вытекала для того чтобы определить много пачек прав можно использовать для предохранения, компенсации, и commservation» 29. В Кении, много туристских дел используют множество деталей Maasai such as портреты, ткань, и artwork привлечь туристов. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time

HET PROBLEEM DAT VAN DE ONTWIKKELING VAN RECHTEN VAN DE MENS IN HET BIJZONDER DE INHEEMSE MENSEN ONDER OGEN ZIET!!
Automatically translated into Dutch thanks to WorldLingo
1 HOOFDSTUK ÉÉN

Achtergrond 1.0 aan de de
rechten van de mensbevordering van de Studie en de ontwikkeling zijn buitenlandse ideologieën die aan Afrika door het Westen worden geïntroduceerd. „Sinds 1978 is de Wereldbank, samen met andere donors, bezig geweest met een programma van activiteiten die als Sociale Dimensies `van Aanpassing' (SDA) worden bekend… Het belangrijkste voertuig voor armoede-vermindering het lenen moest de Landelijke Geïntegreerded Armoede Van het Ontwikkelingsproject (RIDP) zijn… was door de verticale benedenwaartse uitbreiding van `modernisering“ 1 worden verminderd. Theorie van de ontwikkeling werd afgeleid „om te zien waarom, het nuttig om met de het oogmening van een uil van menselijke geschiedenis in de loop van de afgelopen 10.000 jaar is te beginnen of zo aangezien de geregelde landbouw eerst begon de jacht en het verzamelen te vervangen zich… De komst van kapitalisme in de vijftiende en zestiende eeuwen, echter, en vooral de komst van industrieel kapitalisme in de recente achttiende eeuw, dwongen het feit van menselijke economische, sociale, politieke en culturele ontwikkeling in aandacht“ 2 van de mensen.
De theorieën van de ontwikkeling en de rechten van de mens, met inbegrip van feminism, hebben overheden en de beïnvloede maatschappijen in Kenia zoals Maasai en Ogiek overvallen. Volgens Leys, de „meeste Landen van de Derde Wereld, toen, vonden zich kwetsbaarder dat op elk ogenblik aangezien zij eerst werden gekoloniseerd. Hun economieën werden meest minst goed geplaatst om in nieuwe globale marktplaats“ 3 te bloeien. Dit betekende dat die gemeenschappen dat nog praktijkNomadism en Verzamelen zich van de Jager dan de staat slechter kwetsbaar waren. Socio - het politieke en economische levensonderhoud van deze gemeenschappen is nog niet compatibel met ontwikkelingstheorieën op diverse manieren. Het heeft ook geleid tot belangengeschil tussen ontwikkeling, pastoralists en jager-Verzamelende gemeenschappen. Dit is waar omdat het „karakter van Afrikaanse economische ontwikkeling in de twintig jaar vanaf 1960 tot 1980 vreemd duister is. Dit heeft heel wat om met de grootte en de diversiteit van continent“ 4 te doen. „Tijdens de jaren '50 en de jaren '60 waren verscheidene theorieën, die als moderniseringstheorieën worden bekend, prominent in het beïnvloeden van het ontwikkelings denken. Deze theorieën werden zwaar gekritiseerd in de jaren '70 en de jaren '80, maar zij schijnen veerkrachtig te zijn en in nieuwe guises in de recente neo-liberal duw opnieuw verschenen. Vandaag, bevorderen de overheden en de internationale agentschappen ontwikkelingsstrategieën die op vrij - marktprincipe en op economische rationaliteit in hun inspanningen naar het ondersteunen van de economische groei en industrialisatie worden gebaseerd. Het incident misschien dat aan de verwezenlijking van moderniseringsbeleid wordt gevonden in twee staat-gesponsorde ontwikkelingsprojecten: ontwikkelings programma's voor marginale gemeenschappen en groene revolutie“ 5. Dit heeft geleid tot een belangengeschil tussen moderne en traditioneel. Dit conflict kan in vorm van bevordering van sedentair bestaan, modern onderwijs, vrouwenkwesties en de systemen van de landambtstermijn worden gevonden.
Dit onderzoekdoelstellingen bij het bespreken van kwesties die de gerichte gemeenschappen d.w.z. heeft gemaakt. Maasai in het bijzonder om zich tegen verandering te verzetten. In de recente jaren '70, was er het Keniaanse debat, dat met de situatie van Maasai kan momenteel worden met elkaar in verband gebracht. Het debat „… was over of de kapitalistische ontwikkeling bij de periferie van het wereld kapitalistische systeem mogelijk is. Nochtans, „Rostow vormde een beeld van ontwikkeling langs een continuum van historische verandering waarop al maatschappij“ 7 kan worden gevestigd. „Voor Rostow, moesten alle ontwikkelingsmaatschappijen door vijf stadia traditionele, prestart, start, de aandrijving aan rijpheid de maatschappij“ 8 overgaan en van massaconsumpties. Nadenkend aan het Keniaanse debat, heeft Maasai meestal afgehangen van hulpvoedsel wanneer de droogte het grootste deel van hun vee tenietdoet. Maasai heeft ook nooit nieuwe manieren ontwikkeld om de uitdagingen te ontmoeten die door de natuurlijke rampen worden veroorzaakt. Dit is omdat, de veranderingsagent niet de gemeenschap in planning, het uitvoeren en het beslissen over de cursus van actie heeft geïmpliceerdn.
„Andere theorists van de Modernisering bekijken eenvoudig het proces van modernisering als transformatie van de traditionele maatschappij in de moderne maatschappij die onveranderlijk door Westelijke naties“ 9 wordt vertegenwoordigd. „In de loop van het laatste decennium, hebben vele Afrikaanse overheden verreikende hervormingsmaatregelen getroffen om de snelle economische groei te bevorderen en hun verbindingen met de wereldeconomie te versterken. Bijgestaan door de Internationale financiële instellingen met inbegrip van de Afrikaanse Groep van de Ontwikkeling van de Bank (ADB), heeft de grote meerderheid van Afrikaanse landen diverse structurele aanpassing en beleidshervormingsprogramma's“ 10 ten uitvoer gelegd. Als de Afrikaanse naties, zijn de meeste pastoralistgemeenschappen nu om op hand outs van de overheid en de ontwikkelingsprogramma's begonnen te leunen. De Gemeenschappen hebben levensonderhoudrichting door de verwarring verloren die door het nieuwe overheidsbeleid wordt geïntroduceerdv voor verandering. De „critici en de basissen vragen de relaties van globale ongelijkheid en culturele overheersing impliciet in het idee van ontwikkeling zelf. De Bureaus voor internationale ontwikkeling wijden hun beleidsprocessen aan constant herziende en reframing ontwikkeling om hun legitimiteit in een snel veranderend politiek milieu“ 11 te steunen. De agentschappen van de ontwikkeling zoals Ministerie van Internationale Ontwikkeling (DFID) zetten heel wat energie om een nieuwe nadruk en een politieke legitimiteit in het internationale doel te vinden om armoede, participatie en vennootschap evenals burgerrechten en democratie te verminderen. De ontwikkeling van het beleid voor een goed beheerde globale ontwikkeling is een zeer belangrijke factor nu“ 12.

1.1 de verklaring van het probleem.
· De rechten van de mens en de ontwikkeling hebben minder overtuigende betekenis voor verandering door de doel Afrikaanse maatschappijen zoals jager-Gatherers en Nomadische Pastoralists. In tegenstelling tot culturele praktijken, de mening Maasai deze kwesties als truc om land weg te halen en van verlies van culturele praktijken aan de spits te staan, die door ontwikkelingsagenten achterwaarts zijn naar verluidt.
· Een ander probleem is het gebrek aan communautaire betrokkenheid in besluit - het maken, implementatie en planningsprojecten zoals nieuwe vestiging, officieel onderwijs en vrouwenkwesties die empowerment omvatten. Dit heeft geleid tot gebiedsdeel en onderontwikkeling.
· De overheersende ontwikkelingsparadigma's passen niet nomadisch en de jager aan die de maatschappijen in hun agenda's van de heersende stromingsontwikkeling, ontwikkelingsbeleid en het denken verzamelen. Enkele redenen voor dit is omdat, de „taal van ontwikkelingsretoriek en het schrijven snel veranderen. De werkelijkheid van ontwikkelingspraktijk blijft achter taal“ 13 achter. Het beleid keurt niet de wijzen van het leven van Maasai goed.

1.2 doelstellingen van deze studie.
a) Om een uitvoerige analyse van de ontwikkelingssituatie van Maasai van Kenia met wat verwijzing van gevallenanalyses in andere nomadische pastoralistsmaatschappijen, jagersgatherers en verwezenlijkingen van ontwikkeling sinds de jaren '60 in deze gemeenschappen te leiden.
B) De situatie van Maasai van Kenia op Rechten van de menskwesties en de barrières kritisch om te analyseren die verandering in geslachtskwesties, wijze van het leven en culturele praktijken belemmeren. .
c) Om diepgaande analyse van gevallenanalyses van ontwikkelingsprogramma's uit te voeren om beste praktijken met een betekenis te identificeren om rechten van de mensschendingen te vermijden evenals makend een documentatie van beschikbare gegevens bij de kwesties en de Ontwikkeling van Rechten van de mens.
D) Om verbindingen te identificeren die emigranten en overheidsagenten kunnen helpen om van volkskennis gebruik te maken Maasai om hun projecten van de Ontwikkeling te bereiken en van het bepleiten van Rechten van de mens.

1.3 Het OVERZICHT van de LITERATUUR
Deze nadruk van het literatuuroverzicht op diverse besprekingen over het gebied van rechten van de mens en ontwikkeling die in het bijzonder de gemeenschappen Pastoralist onder ogen zien en specifiek Maasai van Kenia. De ontwikkeling werd geïntroduceerdk aan Oost-Afrika door de koloniale bevoegdheden. Verschillende gemeenschappen ontvangen ontwikkeling op diverse manieren. Andere gemeenschappen hadden negatieve houdingen afhankelijk van hoe zij het waarnamen en op hoe de uitvoerders de praktijk introduceerden. Deze studie gebruikt het overzicht om de hiaten te bewerkstelligen dat heeft geleid tot de diverse problemen dat het gebied van ontwikkeling en rechten van de mens onder Maasai onder ogen heeft gezien. Het zal ook het benadrukken van enkele treffende redenen voor de houdingen ten opzichte van deze kwesties van ontwikkeling en Rechten van de mens beogen. De gevallenanalyses van andere delen van de wereld zullen ook herzien worden.
Bodley, John H., „Antropologie en Eigentijdse Menselijke Problemen“, 2001.
Dit boek concentreert zich op eigentijdse kwesties die wereldculturen beïnvloeden en helpt de lezer om zijn/haar positie inzake de globale schaal te begrijpen. De huidige culturele problemen leiden tot belangengeschil aan één van beide gemeenschap. Deze culturen kunnen worden gekenmerkt zoals kleinschalige, grote schaal die politieke en globale schaal in termen van commercieel is. Deze soorten culturen leiden tot conflict aangezien de gemeenschappen en andere sociale orde om voor Overleving proberen te zoeken.
J.Bodley debatteert, „naast het vestigen van een succesvolle aanpassing aan het natuurlijke milieu, moet elke menselijke maatschappij een bepaald minimaal niveau van interne orde en veiligheid handhaven om te overleven. Het sociale ordeprobleem veranderde opnieuw met de recente totstandkoming van globaal georganiseerde cultuur omdat de schaal van elitemacht veel groter werd dan om het even welke oude beschaving“ 14. De elitecultuur wordt meer blootgesteld door officieel onderwijs en goed georganiseerd. Andere etnische gemeenschappen behalve Maasai bijvoorbeeld delen geen cultuur Maasai. De toegang tot moderne informatie is daarom een grote uitdaging aan Maasai.

Bodley, John. H, „Slachtoffers van vooruitgang“, 1999.
In dit boek, schetst J.Bodley enkele redenen waarom bepaalde gemeenschappen hun cultuur handhaven. Het milieu en andere natuurlijke rijkdommen beperken hen van het aanpassen van een snelle ontwikkelingsbeweging voor nieuwe veranderingen. In relaties aan deze studie, heeft Maasai zich ook tegen verandering toe te schrijven aan gevolgen verzet die hen tijdens Verandering heeft ontmoet. De nieuwe wijzen van levensonderhoud dat aan hen wordt geïntroduceerdo moedigen meer armoede aan. Het „verlies van de economische autonomie wordt bevorderd door politieke verovering omdat de inheemse groepen controle over hun middelen moeten handhaven self-sufficient“ 15 te blijven. Historisch, zijn de inheemse volkeren geen passieve slachtoffers van uitbreiding door culturen op grote schaal geweest. De veelbelovendste recente ontwikkeling was de totstandkoming van inheemse 4peoples' zelfbeschikkingsbeweging tijdens jaren '70“ 16. Maasai van Kenia sloot aan zich nochtans bij deze beweging in de jaren '90, zoals de studie later zal tonen.

Brezinger, Mathias, „Mukokodo Maasai: een onderzoek Ethnobotanical“, 1995.The Maasai als een ander. De maatschappij van Pastoralist hangt hoofdzakelijk van weiland en water voor de overleving van hun vee af, dat de backbone van hun levensonderhoud is. Maasai gebruikt ook installaties voor voedsel. Maar de meeste installaties worden bedoeld voor vee. „Slechts worden de kleine minderheden van deze installaties niet gezet aan enig gebruik“ 17. wegens aridity van het milieu waar levende Maasai, zij zich moeten bewegen om hun vee te ondersteunen. De installaties worden ook selectief gebruikt voor huisbouw. De „bouw van huizen vereist een specifieke kennis over de kwaliteiten van verschillende soorten hout en hun duurzaamheid aangezien zij“ 18 lange tijd zouden moeten duren. De ontwikkeling zou daarom de volkskennis van Maasai moeten overwegen als de duurzame resultaten worden gestreefd naar.

Gillis Nancy en Sean Southey, „Nieuwe Strategieën voor ontwikkeling, een Communautaire Dialoog voor het Ontmoeten van de de ontwikkelingsDoelstellingen van het Millennium“, 2005. Dit boek brengt de kwesties naar voren die hebben geleid tot de paradigmaverschuiving in ontwikkeling. Vele ontwikkelingsprogramma's zijn begonnen in gemeenschappen zoals Maasai in vele verschillende delen van Kenia waar deze mensen leven. Nochtans, hebben de meeste ontwikkelingsprojecten ontbroken. De overheden en de ontwikkelingspartners proberen om duurzame ontwikkeling door betrokkenheid en directe participatie door gemeenschappen te bereiken. Onder de kwesties voor succes is betrokkenheid in beleidsontwikkeling. Gillis debatteert, het „Communautaire Lagerhuis gebruikte de significante deskundigheid en de capaciteit van een diverse, groeiende beweging van basis en inheemse communautaire vertegenwoordiging binnen internationale beleidsprocessen“ 19. Dit heeft helpen om de gemeenschappen over hun Rechten van de mens vooral op land en vrouwenkwesties op te leiden.
Hodgson, Dorothy L., „eens Intrepid Strijders, Geslacht, het Behoren tot een bepaald ras, en de Culturele

Politiek van Ontwikkeling Maasai“, 2001. De kwesties van het geslacht zijn andere opwindende factoren die succes van ontwikkeling in de pastoralistmaatschappijen beïnvloeden. Onder Maasai, wordt de mannelijke overheersing goed uitgesproken. Nochtans, heeft het bepleiten voor vrouwenempowerment en Rechten van de mens tot verschillende begrippen in de gemeenschap geleid. Onder Maasai van Tanzania, kwam Dorothy Hodgson te weten dat „dit verhaal over concurrerende visies van ontwikkeling de centrale ligging van geslacht aan dergelijke verschillen en debatten en de mogelijkheden benadrukt om tegenover elkaar stellende eisen“ 20 in overeenstemming te brengen. „Maar… als de meeste ontwikkelingsanecdotes, maskeert het een essentieel element van het verhaal - de lange geschiedenis van ontwikkelingsacties onder Maasai“ 21. Vele vrouwen Maasai zijn nu kleine zelfhulpgroepen begonnen. Deze groepen kunnen in helpen het brengen van vrouwenempowerment en capaciteit de bouw van hun programma's.

Madsen, Andrew, „Hadzabe van Tanzania; Land en Rechten van de mens voor een Gemeenschap jager-Gatherer“, 2000. Vele ontwikkelingsagenten en overheden debatteren dat Pastoralist en de Jager Gatherers de ecologie toe te schrijven vernietigen aan of de jacht of het hoeden. Dit boek verklaart dat jager-gatherers het milieu beschermen. Eveneens, gebruikt Maasai de natuurlijke rijkdommen in een saldo om regeneratie van de biodiversiteit toe te staan. „Als vele nomadische en semi nomadische volkeren, verlaat Hadzabe weinig zichtbaar effect op hun milieu“ 22. Het „feit dat zij weinig zichtbare tekens van hun beroep en gebruik van land verlaten het land één van de redenen is waarom de naburige gemeenschappen hun land als open of ongebruikt land“ 23 beschouwen. Maasailand wordt ook gezien als ongebruikt land in Kenia. Andere gevallenanalyses over Oost-Afrika kunnen helpen om het doel van deze studie te verklaren.

Leys, Colin, de „Stijging en de Val van de Theorie van de Ontwikkeling“, 1996.
C.Leys debatteert dat de Afrikaanse landen vooral Kenia de kapitalistische economie omhelsten en de gebiedsdeeltheorie voor hun ontwikkelingsprogramma's goedkeurden. Theorie van het gebiedsdeel „stelde voor dat er drie schijnbaar onoverkomelijke hindernissen voor de ontwikkeling van Kenia onder kapitalisme waren: (1) de structuur van de koloniale economie, die aan het efficiënte gebruik van nationale middelen unconducive leek maar die over grotendeels intact door inkomend onafhankelijk regime“ 24 werd genomen. De het landkwesties van Maasai en bestand tegen verandering zijn verwant met de ontwikkelingstheorie die door onafhankelijk Kenia wordt goedgekeurd.

Materne, Yves, „Het Indische Wekken in Latijns Amerika“, 1980. Behalve Kenia en van Oost-Afrika zijn de gevolgen van kolonisatie zeer gelijkaardig. Zij kunnen deze studie helpen de gevolgen van kolonisatie in inheemse gemeenschappen kunnen met elkaar in verband brengen. Volgens Materne Yves, „als wij de geschiedenis van de kolonisatie bestuderen van ons land, kunnen wij de aard van kolonisten“ 25 beter begrijpen. De Britten koloniseerden Kenia. De studie van koloniaal Kenia kan inzicht op de geschiedenis van ontwikkeling Maasai tijdens deze periode geven en zijn effect op het communautaire levensonderhoud.

Ogendo, H.W.Okoth, „Huurders van de Kroon; Evolutie van Agrarische Wet en Instellingen in Kenia“, 1991. De misbruiken van Rechten van de mens onder Maasai van Kenia begonnen na de overeenkomsten van 1911 van 1904 tussen Maasai en de Britse kolonie. „Door de eerste Overeenkomst, zal Maasai, die door hun rituele hoofden handelt, die naar verluidt van hun eigen vrij worden goedgekeurd dat het in hun beste belang was om hun mensen, troepen en kudden in welomlijnde reserves vanaf om het even welk land te verwijderen open aan Europese nederzetting, en aan beweging aan Laikipia“ 26. „Ongeveer 11.200 Maasai en meer dan twee miljoen voorraad verloren hun land aan 48 Europeanen na dit verdrag“ 27. De gevolgen van de verdragen van Anglo Maasai van 1904 en 1911 worden nog vandaag gevoeld door deze gemeenschap. De meeste problemen verbonden aan land komen uit deze verdragen voort.

Posey, Daurell A. en Graham Dutfield, „voorbij Intellectuele eigendom; Naar de Traditionele Rechten van het Middel in Inheemse Mensen en Lokale gemeenschappen“, 1996.
De intellectuele-eigendomsrechten zijn een kwestie in de recente jaren geworden. De auteur brengt kwesties naar voren die door inheemse volkeren worden besproken die debatteren dat de onderzoekers hun intellectuele eigendom bestuderen en het aan voordeel anderen gebruiken zonder hen rug direct te geven enkele voordelen. De „kennis en de traditionele middelen zijn van centraal belang aan het behoud van identiteit voor inheemse volkeren. Daarom is de controle over thesesmiddelen van grootste zorg in hun strijd voor zelfbeschikking“ 28. De termijn TRR is de vele bundels van rechten te voorschijn komen bepalen die voor bescherming, compensatie, en commservation“ 29 kunnen worden gebruikt. In Kenia, gebruiken vele toeristenondernemingen heel wat punten Maasai zoals portretten, doek, en kunstwerk om de toeristen aan te trekken. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they continue the practice.
Some of the activists argue that, it is a health hazard while others argue that women will never enjoy sex after they undergo circumcision. However, in his research in South Sudan, Hanny 1989 found out from some women who defended the practice by arguing that “a body is a body, and no circumcision can change that. No matter what they cut away from you, they cannot change that”52. “The greatest stumbling block to those working towards the abolition of what they recognize to be a medically disastrous and inhumane practice is the fact that these procedures are performed by families in the firm belief that what they are doing is good and necessary and in the child’s as well as the family best interests. Thus laws forbidding female circumcision even if African governments charter them cannot be enforced if the entire population ignores them and there is no one to implement them”53.
“Whereas the procedure of genital cutting is seen by many as essential to the creation of feminity and full adult status, others view it as the obliteration of these very principles. For many western feminists, the clitoris has become a powerful symbol of women’s emancipation”54. This approach has been sharply criticized by some African feminists who argue, “… by letting sexuality become assumed as and a priori issue around which all women should organize … the specificity of women experience is conveniently overlooked”55. “Many stereotypes prevail that describe them as backward, uncivilized, primitive, and uncultured and as an embarrassment to modern Africa”56. This study can clearly show that even in the women rights movement on the issue of female circumcision, the thinking is divided. Successful campaign will not be achieved if there is negative criticism of people’s customs.
Culture is dynamic, people will change if oriented and approached in a way they feel is correct for them to go through. People and communities will also change as they adapt new ways of life finding the old ones as less meaningful anymore. Criticism will give them strength because they will ask the question as to why westerners or governments are interested in the practice, which t

حقوق الإنسان تطوير مشكلة بشكل خاصّ يواجه الالناس محلّية!!
Automatically translated into Arabic thanks to WorldLingo
1 فصل واحدة

1.0 خلفيّة إلى الدراسة
حقوق الإنسان ترقية وتطوير مذاهب أجنبيّة يقدّم إلى إفريقيا بالالغرب. "بما أنّ 1978 ال [وورلد بنك], مع أخرى معط, يتلقّى يكون شبكت في برنامج الأنشطة يعرف ك `أبعاد اجتماعيّة تعديل' ([سدا])… كان العربة رئيسيّة ل [بوفرت-لّفيأيشن] يسلّف أن يكون الريفيّة يضمن تطوير مشروع ([ريدب])… فقر كان أن يكون خفّفت بالخطّ عموديّ إمتداد منحدرة من `[مودرنيسأيشن]" 1. تطوير استنتجت نظرية كان "أن يرى لما, هو يكون مفيدة أن يبدأ مع بومة عين منظرة من تاريخ إنسانيّة على السابقة 10,000 سنون أو هكذا بما أنّ يقرّر زراعة أولى بدأ أن يستبدل صيد وتجميع… القدوم الرأسماليّة في الخامس عشر وقرون سادس عشر, مهما, وخاصّة القدوم من رأسماليّة صناعيّة [إين ث لت] قرن ثامن عشر, أجبر الحقيقة من إنسانيّة اقتصاديّة, اجتماعيّة, سياسيّة وتطوير ثقافيّة على الالناس إنتباه" 2.
تطوير قد تجاوز نظريات وحقوق الإنسان, بما في ذلك المساواة بين الجنسين, حكومات ويؤثر مجتمعات في كينيا مثل [مسي] و [أجك]. وفقا ل [لس], "كثير [ثيرد وورلد كونتري], بعد ذلك, يؤسّسبنفسي أكثر حصينة أنّ [أت ني تيم] بما أنّ هم كان أولى استعمرت. كان اقتصاداتهم على الأقلّ جيّدة يوضع إلى يزدهر في ال [مركت بلس] جديدة شاملة" 3. هذا عنى أنّ أنّ جماعات أنّ بعد يمارس [نومديسم] وصياد تجميع كان أكثر على نحو رديء حصينة من الدولة. ال [سسو] - سياسيّة وليس رزق اقتصاديّة من هذا جماعات بعد متوافقة مع تطوير نظريات في طرق مختلفة. يقود هو يتلقّى أيضا إلى نزاع الفائدة بين تطوير, [بستورليست] و [هونتر-غثرينغ] جماعات. هذا يصحّ لأنّ "الرمز من تطور اقتصادي [أفريكن] في العشرون سنون من 1960 إلى 1980 يكون بغرابة غامضة. هذا يتلقّى [ا غود دل] أن يتمّ مع الحجم وتنوع من القارّ" 4. "أثناء الخمسينات وستينات كان عدّة نظريات, يعرف كتجديد نظريات, بارزة في يأثر تطوّريّة يفكّر. انتقدت هذا نظريات كان بثقل في ال 1970 و 1980, غير أنّ هم يبدوون أن يكون رجوعيّة ويتلقّى [ر-مرجد] في [غيسس] جديدة في الدفع أخيرة [نيو-ليبرل]. اليوم, يروّج حكومات ووكالات دوليّة تطوير إستراتيجيات يؤسّس على حرّة - تسوّقت مبدأ وعلى عقلانية اقتصاديّة في جهودهم نحو يبقي نموّ اقتصاديّ وتصنيع. [ستت-سبونسرد] الحادث ربّما يتتبّع إلى التزويد من تجديد سياسات في اثنان تطوير مشاريع: [دفلوبمنت بروغرم] لجماعات هامشيّة والثورة خضراء" 5. قد قاد هذا إلى نزاع الفائدة بين الحديثة والتقليديّة. هذا نزاع يستطيع كنت أسّست في شكل الترقية من وجود حضريّة, تربية حديثة, نساء إصدارات وأرض تول نظامات.
يتّجه هذا بحث يتناقش إصدارات أنّ قد جعل ال يستهدف جماعات [إي.]. [مسي] [إين برتيكلر] أن يقاوم تغير. [إين ث لت] سبعينات, كان هناك [كنن] مناقشة, أيّ يستطيع كنت ارتبطت مع الحالة من [مسي] حاليّا. كان المناقشة "… حوالي ما إذا تطوير [كبيتليستيك] يمكن في المحيط من العالم رأسمالية نظامة. مهما, "تصوّر [روستوو] تطوير على طول تسلسل من تغير تاريخيّة على أيّ كلّ مجتمعة يستطيع كنت حدّدت" 7. "ل [روستوو], كلّ تطوير مجتمعات اضطرّ مررت من خلال خمسة مراحل تقليديّة, [بر] [تك وفّ], إقلاع, الإدارة وحدة دفع إلى نضج وكتلة إستهلاكات مجتمعة" 8. يعكس إلى [كنن] مناقشة, يعتمد [مسي] يتلقّى يكون في الأغلب على راحة طعام عندما حالة جفاف مناديل خارجا أكثر من مواشهم. يطوّر [مسي] يتلقّى أيضا أبدا طرق جديدة من يلتقي التحديات يسبّب بالنكبات طبيعيّة. هذا لأنّ, التغير عاملة يتلقّى لم يتضمّن الجماعة في تخطيط, يطبّق ويقرّر على ال [كورس وف كأيشن].
"أخرى [مودرنيسأيشن] يشاهد [ثيوريست] ببساطة العملية التجديد كالتحويل من مجتمعة تقليديّة داخل مجتمعة حديثة دائما يمثّل بأمم غربيّة" 9. "خلال العقد متأخّرة, قد أخذ كثير حكومات [أفريكن] بعيد المدى إصلاح إجراءات أن يروّج نموّ اقتصاديّ سريعة وقوّيت خطواتهم مع الاقتصاد شاملة. يساعد ب ال [إينترنأيشنل فيننسل ينستيتثأيشن] بما في ذلك ال [أفريكن] [دفلوبمنت بنك] ([أدب]) مجموعة, قد طبّق الأغلبية عظيمة [أفريكن كونتري] مختلفة إنشائيّة تعديل وسياسة إصلاح برنامج" 10. مثل الأمم [أفريكن], كثير [بستورليست] يبدأ جماعات يتلقّى الآن أن يميل [أن هند] خارجا من الحكومة وال [دفلوبمنت بروغرمّ]. قد خسر جماعات رزق اتّجاه من خلال الإرباك يقدر بالجديدة حكومة سياسات لتغير. "يستنطق ناقدات ومتطرفات العلاقات من تباين شاملة وثقافيّة سيطرة يتضمّن في الفكرة التطوير بنفسي. يكرّس وكالات لتطوير دوليّة هم سياسة عمليات إلى باستمرار ينقّح و [رفرم] تطوير [س س تو] [شور وب] شرعيتهم في سريعة يغيّر بيئة سياسيّة" 11. تطوير يضع وكالات مثل قسم من تطوير دوليّة ([دفيد]) [ا لوت] الطاقة أن يجد جديدة بؤرة وشرعية سياسيّة في الهدف دوليّة من يقلب فقر, مشاركة ومشاركة [أس ولّ س] مواطنة حقوق وديموقراطيّة. [بوليسي دفلوبمنت] لبئر يدار تطوير شاملة عاملة أساسيّة الآن" 12.

1.1 مشكلة بيان.
· يتلقّى حقوق الإنسان وتطوير أقلّ يقنع معنى لتغير بالهدف مجتمعات [أفريكن] مثل [هونتر-غثررس] و [بستورليستس] بدليّة. بخلاف ممارسات ثقافيّة, [مسي] منظرة هذا إصدارات كخدعة أن ينتشل أرض ورأس حربة خسارة من ممارسات ثقافيّة, أيّ [ب سي تو ب] عكسيّا بتطوير عاملات.
· آخر مشكلة الافتقار من جماعة تورط في [دسسون-مكينغ], تزويد وتخطيط مشاريع مثل إعادة استقرار, [فورمل دوكأيشن] ونساء إصدارات أنّ يتضمّن تفويض سلطة. قد قاد هذا إلى اعتماد وتخلف.
· يسيطر تطوير لا يلائم نماذج البدويّ وصياد يجمع مجتمعات في هم سائدة تطوير جداول, [دفلوبمنت بوليسي] ويفكّر. بعض من الأسباب ل هذا لأنّ, "اللغة من تطوير بلاغة وكتابة يغيّر سريعا. يتخلّف الحقيقة من تطوير ممارسة خلف اللغة" 13. لا يؤيّد سياسات الأساليب الحياة من [مسي].

1.2 أهداف من هذا دراسة.
[ا]) أن يوصل تحليل شاملة من التطوير حالة من [مسي] من كينيا مع بعض مرجع من حالة دراسات في أخرى بدويّ [بستورليست] مجتمعات, صياد [غثرر] وإنجازات التطوير منذ الستينات في هذا جماعات.
[ب]) أن بانتقاد حلّلت الحالة من [مسي] من كينيا على حقوق الإنسان إصدارات والعوائق أنّ يمنع تغير في جنس إصدارات, أسلوب الحياة وممارسات ثقافيّة. .
[ك]) أن ب قام تحليل معمّقة من حالة دراسات ال [دفلوبمنت بروغرمّ] أن يعيّن ممارسات جيّدة مع إحساس أن يتفادى حقوق الإنسان انتهاكات [أس ولّ س] يجعل توثيق من يتوفّر معطيات على حقوق الإنسان إصدارات وتطوير.
[د]) أن يعيّن خطوات أنّ يستطيع ساعدت يغرّب وحكومة عاملات أن يستعمل [مسي] معرفة شعبيّة أن يحقّق هم تطوير وحقوق الإنسان تأييد مشاريع.

1.3 أدب مراجعات
هذا أدب مراجعات بؤرة على نقاشات مختلفة على المنطقة من حقوق الإنسان وتطوير بشكل خاصّ يواجه [بستورليست] جماعات وخصوصا [مسي] من كينيا. قدّمت تطوير كان إلى [إست فريك] بالقوى مستعمرة. استلم جماعات مختلفة تطوير في طرق مختلفة. أخرى تلقّى جماعات مواقف سلبيّة [دبندينغ ون] كيف هم لاحظوا هو وعلى كيف المنافذ قدّموا الممارسة. يستعمل هذا دراسة المراجعات أن يحضر حوالي الثغور أنّ قد قاد إلى المشاكل مختلفة أنّ قد واجه المجال من تطوير وحقوق الإنسان بين [مسي]. هو أيضا سيتّجه يركّز بعض من الأسباب بارزة للمواقف نحو هذا إصدارات من تطوير وحقوق الإنسان. حالة سيراجع دراسات من أخرى أجزاء من العالم أيضا كنت.
[بودلي], جون [ه.], "علم ومشاكل معاصرة إنسانيّة", 2001.
[فوكسنغ] هذا كتاب على إصدارات معاصرة يأثر عالم ثقافات ويساعد القارئة أن يفهم [هيس/هر] موقعة على المقياس شاملة. يقود مشاكل حاليّة ثقافيّة إلى نزاع الفوائد إلى إمّا جماعة. هذا ثقافات يستطيع كنت أظهرت كمقياس صغيرة, مقياس كبيرة أنّ يكون سياسيّة ومقياس شاملة بخصوص إعلان. يقود هذا أنواع الثقافات أن يتعارض بما أنّ جماعات وأخرى أمر اجتماعيّة يحاولون أن يبحث لبقاء.
[ج.بودلي] يجادل, "[إين دّيأيشن تو] يؤسّس تكييف ناجحة إلى البيئة طبيعيّة, كلّ مجتمعة إنسانيّة ينبغي أبقيت مستوى مؤكّدة أدنى من داخليّة أمر وأمن أن يبقى. الاجتماعيّة أمر غيّر مشكلة ثانية مع الظهور أخيرة من على نحو شامل ينظّم ثقافة لأنّ المقياس من نخبة قوة أصبح بعيد [غرت ثن] أيّ حضارة قديمة" 14. النخبة عرضت ثقافة أكثر ب [فورمل دوكأيشن] وجيّدا نظّمت. أخرى لا يشارك جماعات عرقيّة [أبرت فروم] [مسي] مثلا [مسي] ثقافة. منفذة إلى معلومة حديثة لذلك تحدي كبيرة إلى [مسي].

[بودلي], جون. [ه], "ضحايا التقدم", 1999.
في هذا كتاب, يحدّ [ج.بودلي] بعض من الأسباب لما جماعات مؤكّدة يبقون ثقافتهم. يحدثهم بيئة وأخرى [نتثرل رسورس] من يكيّف سريعة تطوير حركة لتغيرات جديدة. في علاقات إلى هذا دراسة, يقاوم [مسي] يتلقّى أيضا يكون تغير واجبة إلى نتيجات أنّ قد واجههم خلال تغير. يشجّع أساليب جديدة [ليفليهوودس] يقدّم إلى هم كثير فقر. "عزّزت الخسارة من حكم ذاتيّ اقتصاديّة بغزوة سياسيّة لأنّ مجموعة محلّية ينبغي أبقيت تحكم على مورداتهم [إين وردر تو] بقيت [سلف-سوفّيسنت]" 15. تاريخيّا, ليس [بيوبلس] محلّية يتلقّى ضحايا سلبيّة توسع بثقافات ضخمة. كان ال [رسنت دفلوبمنت] واعد أكثر الظهور من ال [4بيوبلس] محلّية' [سلف-دترمينأيشن] حركة أثناء السبعينات" 16. تلاقى [مسي] من كينيا مهما هذا حركة في التسعينات, بما أنّ الدراسة سيبدي فيما بعد.

[برزينجر], [مثيس], "[موكوكودو] [مسي]: [إثنوبوتنيكل] يحبّ فحص", [1995.ث] [مسي] أيّ أخرى. [بستورليست] يعتمد مجتمعة في الدّرجة الأولى على مرعى وماء للبقاء من مواشهم, أيّ يكون العمود فقريّ من رزقهم. يستعمل [مسي] أيضا معامل لطعام. غير أنّ, عنيت أكثر من المعامل لمواش. "فقط لا يوضع أقليات صغيرة من هذا معامل إلى أيّ إستعمال" 17. واجبة إلى القحولة من البيئة حيث [مسي] حيّة, هم يضطرّ تحرّكت [إين وردر تو] أبقيت مواشهم. استعملت معامل أيضا لمنزل أبنية [سلكتيفلي]. "يتطلّب البناء المنازل معرفة خاصّة حول النوعيات من أنواع مختلفة من خشب ومتانتهم بما أنّ هم سوفت دمت [فور ا لونغ تيم]" 18. تطوير سوفت لذلك اعتبرت المعرفة شعبيّة من [مسي] إن نتيجات قابل للمحافظة يكون اتّجهت.

[جلّيس] [ننسي] و [سن] [سوثي], "إستراتيجيات جديدة لتطوير, جماعة حوار ل يلتقي الألفية تطوير أهداف", 2005. [بوت فورورد] هذا كتاب الإصدارات أنّ قد قاد إلى النموذج تغير في تطوير. بدأت كثير [دفلوبمنت بروغرم] يتلقّى يكون في جماعات مثل [مسي] في كثير أجزاء مختلفة كينيا حيث هذا الناس يعيشون. مهما, قد [فيلد] أكثر من التطوير مشاريع. يحاول حكومات وتطوير شريكات أن يبلغ تطوير قابل للمحافظة من خلال تورط ووجّهت مشاركة بجماعات. بين الإصدارات لنجاح تورط في [بوليسي دفلوبمنت]. [جلّيس] يجادل, "الجماعة استعمل عموم الخبرة هامّة وقدرة من متنوّعة, ينمو حركة ال [غرسّرووت] ومحلّية جماعة تمثيل ضمن سياسة دوليّة يعالج" 19. قد ساعد هذا أن يربّي الجماعات حول حقوق الإنسانهم خصوصا على أرض ونساء إصدارات.
[هودغسن], [دوروثي] [ل.], "مرّة يبسل محاربات, جنس, عرقية, والسياسة ثقافيّة

من [مسي] تطوير", 2001. جنس إصدارات أخرى عاملات صعبة أنّ يأثر نجاح التطوير في [بستورليست] مجتمعات. بين [مسي], نطقت سيطرة ذكريّة جيّدا. مهما, قد أوجد تأييد لنساء تفويض سلطة وحقوق الإنسان أفكار مختلفة في الجماعة. بين [مسي] من تنزانيا, أسّس [دوروثي] [هودغسن] خارجا أنّ "هذا قصة حول ينافس رؤيات التطوير يركّز التمركز الجنس إلى هذا فروق ومناقشات والإمكانيات ل صالح يتباين يطلبون" 20. "غير أنّ… مثل كثير تطوير نوادر, يقنع هو عنصر حاسمة من القصة - التاريخ طويلة من تطوير تدخلات بين [مسي]" 21. كثير [مسي] يبدأ نساء يتلقّى الآن صغيرة الإعتماد على النفس مجموعة. هذا مجموعة يستطيع ساعدت في يحضر نساء تفويض سلطة وقدرة بناية من برامجهم.

[مدسن], أندرو, "[هدزب] من تنزانيا; أرض وحقوق الإنسان ل [هونتر-غثرر] جماعة", 2000. كثير تطوير يجادل عاملات وحكومات أنّ [بستورليست] وصياد [غثرر] يدمّر العلم بيئة واجبة إلى إمّا صيد أو ساق. يفسّر هذا كتاب أنّ ال [هونتر-غثررس] يحمون البيئة. بالمثل, يستعمل [مسي] ال [نتثرل رسورس] في ميزان أن يسمح تجديد من التنوع [بيو]. "مثل كثير بدويّ و [بيوبلس] بدويّ [سمي], [هدزب] إذن بعض تأثير صدمة مرئيّة على بيئتهم" 22. "الحقيقة أنّ يترك هم إشارات صغيرة مرئيّة من احتلالهم وإستعمال الأرض الأرض واحدة من الأسباب لما جماعات مجاورة يعتبرون أرضهم بما أنّ مفتوحة أو أراضي غيرمستعمل" 23. رأيت [مسيلند] أيضا كأراضي غيرمستعمل في كينيا. أخرى حالة دراسات عبر [إست فريك] يستطيع ساعدت أن يفسّر الغرض من هذا دراسة.

[لس], [كلين], "الإرتفاع وسقوط من تطوير نظرية", 1996.
[ك.لس] يجادل أنّ اعتنق [أفريكن كونتري] خصوصا كينيا ال [كبيتليست كنومي] وتبنّى الاعتماد نظرية ل [دفلوبمنت بروغرم] هم. اعتماد اقترح نظرية "أنّ هناك كان ثلاثة عوائق مغلوبة على ما يبدو إلى التطوير كينيا تحت رأسماليّة: (1) البنية من الاقتصاد مستعمرة, أيّ ظهر [أونكندوسف] إلى الإستعمال فعّالة من موردات وطنيّة غير أنّ أيّ كان استلمت كثيرا [إينتكت] بالنظامة قادمة مستقلّة" 24. [مسي] أرض ارتبطت إصدارات ومقاومة إلى تغير مع التطوير نظرية يتبنّى بكينيا مستقلّة.

[مترن], إيف, "الهنديّة يوقظ في [لتين مريك]", 1980. [أبرت فروم] كينيا و [إست فريك] تأثيرات الاستعمار جدّا مماثلة. هم يستطيع ساعدت هذا دراسة أن يكون يمكن أن يرتبط التأثيرات الاستعمار في جماعات أهليّ طبيعيّ. وفقا ل [مترن] إيف, "إن نحن ندرس التاريخ من بلدنا استعمار, نحن يستطيع فهمت على نحو أفضل الطبيعة من المستوطنات" 25. استعمر الالبريطانيوّن كينيا. الدراسة من كينيا مستعمرة يستطيع أعطيت تبصرات على التاريخ من [مسي] تطوير أثناء هذا فترة وتأثير صدمته على الجماعة رزق.

[أجندو], [ه.و.وكوث], "مستأجرات من التاج; تطور من زراعيّة قانون ومؤسسات في كينيا", 1991. حقوق الإنسان بدأ أسواء بين [مسي] من كينيا بعد ال 1904 1911 إتفاقات بين [مسي] ومستعمرة بريطانيّة. "بالإتفاق أولى, [مسي], يتصرّف من خلال رؤوسهم رتيبة, زعما يوافق من هم خاصّة إرادة حرّة أنّ كان هو في [ولّ ينترست] هم أن يزيل الناسهم, أسراب وقطائع داخل تحفظات محدّدة بعيدا من أيّ أرض فتحت إلى استقرار أوروبيّة, وإلى حركة إلى [ليكيبيا]" 26. "خسر تقريبا 11,200 [مسي] وعلى اثنان مليون مخزون أرضهم إلى 48 [إيوروبن] يتبع هذا معاهدة" 27. [فلت] التأثيرات من الانكليزيّ [مسي] معاهدات من 1904 و1911 بعد ب هذا جماعة اليوم. صحب كثير مشاكل مع أرض يتكوّن من هذا معاهدات.

[بوسي], [دورلّ] [أ.]. وغراهام [دوتفيلد], "إلى ما بعد [إينتلّكتثل بروبرتي]; [ريغتس] نحو موردة تقليديّة في الناس محلّية وجماعات محلّية", 1996.
[إينتلّكتثل بروبرتي] قد أصبح حقوق إصدار في السنون أخيرة. [بوت فورورد] المؤلفة إصدارات يرفع ب [بيوبلس] محلّية الذي يكون يجادل أنّ باحثات يدرسون [إينتلّكتثل بروبرتي] هم ويستعمل هو أن يستفيد أخرى دون مباشرة يعطيهم إلى الخلف بعض من الفوائد. "معرفة وموردات تقليديّة مركزية إلى الصيانة الهوية ل [بيوبلس] محلّية. ضبطت لذلك, على أطروحة موردات يكونون من اهتمام مركزية في كفاحهم ل [سلف-دترمينأيشن]" 28. قد ظهر العبارة [ترّ] أن يعيّن ال كثير حزمات الحقوق أنّ يستطيع كنت استعملت لحماية, تعويض, و [كمّسرفأيشن]" 29. في كينيا, يستعمل كثير أعمال سياحيّة [ا لوت] من [مسي] مواد مثل صور, قماش, وعمل فنّيّ أن يجذب السائحات. In some way, this is intellectual property violation, as the Maasai don’t get any benefits from these businesses.

Riley, Mary, "Indigenous Intellectual Property Rights, Legal Obstacles and innovative Solutions",2004. This book talks about the importance of language for community’s development socially and economically. It is an attribute of human development, which is also learned. “Language is also intimately related to culture. Cultural concepts are expressed in and through language. Language reflects history, the contacts among cultures, the development of institutions, the creations of artists, the political and religious hegemonies”30. If native language is used to educate children, it can facilitate the development changes that the government intends to introduce in Maasai communities.


Chabal, Patrick, “The Quest for Good Governance and Development in Africa, is NEPAD the Answers?” , July 2002. NEPAD’S (New Partnership for African Development) doctrines argue that development can only be achieved in Africa through democracy and good governance. The writer sees it differently by arguing that, “past events shape the present and future”31. Development can occur if the past is studied and learned from.

Gow, David D, “Anthropology and Development, Evil Twin or Moral Narrative”, Winter 2002. This article argues that the anthropologist can become a good partner in development by “bringing about the moral value to the agenda”32 … in particular areas of rural, indigenous peoples, and other marginalized peoples.

Muchliniski, Peter. T., “Human Rights and Multinationals, is there a Problem?”, January 2001.The article deals with Multinational enterprises and seeks to bring to the attention of the international community the fact that “Multinational enterprises also violate human rights”33 especially rights of their employees, and sometimes communities they work at.

Jenkins, Rhys, “Globalization, Production, Employment and Poverty, Debates and Evidence”, January 2004. Globalization is the most controversial development theory of the times. The writer argues that, “prices are developed at the international level where many affected people have no say and can never reach to make better policies that will favour their interests”34. The Maasai have no reach to the policy makers except through members of parliament who make the laws. However, their representatives are few compared to a majority in the house who develop laws that are geared towards the national interests.

Pisanie, Jadu “Competition Verses Co-operation, the Cases of SADC’S Regional Development Corridors”, 2 March 2002. The article talks about the origin of the corridors that were developed due to Apartheid. They are now used as development strategies in the South Africa Development Community (SADC). “This now involve more than one country, and are extended to address effects of globalization and competition in the market economy”35 in that region of Africa.

Sardan, J. P. Oliverde, “A Rural Economy of Corruption in Africa”, March 1999. The article shows “how corruption has been deeply rooted in the African states and how it has become institutionalized making development of economic policies difficult”36. Corruption has not spared Maasai communities here in Kenya. Some group ranches such as Loodariak and Mosiro were subdivided into private ranches without the knowledge of the group members. Many government officials acquire land in the group ranches .

1.4 Justification
This study will show that the development programs implemented among the Maasai have not addressed the barriers towards Human Rights advocacy and promotion in relation with success for development. The Maasai and other pastoralist communities are not resistant to change; however the implementation strategies limit them from a direct participation as well as direct involvement by the communities. They are therefore seen as traditional conservatives
1.5 Hypotheses
1. Expatriate personnel from international organizations, with support from host governments have less knowledge of Norms and values of Maasai communities. Implementation of development programmes in this society leads to conflict, which arises, between Culture, Development and Human Rights issues.
2. Development agencies and governments create underdevelopment by misguiding these communities.
3. Development Agencies and the government are not sensitive to the culture and mode of life of Nomadic and Pastoralist Communities. In this case, the Maasai.

1.6 Limitations to this Study
During field visits to the specific projects, there is likelihood for Maasai men to be uncooperative in case of interviews due to Gender inequality in the community. There may also be lack of proper documentation at the implemented projects because of the violation of Human Rights during the programmes in these communities.

1.7 Research methodology
· Carry out intensive research on Human Rights abuses among the Maasai. Research on successes and failures of Development projects in the Maasai community of Kenya. Use books, articles found in different journals by documenting, collating and critically analyzing information gathered on similar programmes here in Kenya, other pastoralist communities and reviewing case studies across other parts of the world.
· Use both primary as well as secondary methods of research finding by interviewing Maasai men and women. Some of the questions to be used in this study include; Why do the Maasai resist change introduced to them by government representatives and development Agencies?
What is the role of Women, the Youth and community Elders in implementing and in deciding the priorities for development needs?
At what level does the development agents involve the community leadership structures in their planning and decision making? This information will be used in the critical analysis of the situation of the Development and Human Rights in Maasai land. It will as well be used for making recommendations that will help in one way or another to give solutions to the problems.
· Making visits to specific projects in this community to make a personal observation. This will also help the study to identify the opportunities that are used by successful Non Governmental Organizations working in Maasai communities.
1.8 Theoretical framework:
This study is based on the dependency theory. The study shows that Kenya like any other African country, had to have a base for its development during the period of independence. There was therefore a Kenyan debate which development was based after Kenya became independent from British Rule. The debate featured on the policies and the procedures the government will follow in order to introduce the capitalist system of development to its citizens. However, “development as a concept emerged after the second World War, although development policies and practices have a much longer history”37. “Dependency theory inverted many of the assumptions of modernization theory”38. Capitalist Development offered nothing to the periphery; the solution lay in reducing links to the metropoles and bringing about autocratic national economic growth”39.“In strictly economic terms, development has traditionally meant the capacity of a national economy whose initial bid economic condition has been more or less state for a long time to generate and sustain annual increase in its Gross National Production”40. “Development came to be redefined in terms of the reduction or elimination of poverty, inequality growing and unemployment within the context of growing economy”41. “One could argue that the concept of development emerged from the ruins of the war torn Europe as the guiding principle”42. “In sub- Saharan Africa, dependency theory was broadly accepted by many foreign Africanists and many, perhaps most African social scientists, not to mention educated people in general and especially the youth”43.
As for Africa, theories of development, modernization, human rights, Marxism theories of structuralism, entered in different dimensions. The reason for this is that, Africa was faced by many problems beginning from slave trade, colonialism and a search by the west for free or cheap raw materials. There were also many different ethnic communities that lived in the expansive African continent. Some of these groups lived in the deserts, forests, plains, riverbanks, and coastal areas, all influenced by their mode of existence. The most notable ways of life during the pre colonial, at the colonial and postcolonial periods include: -
a) Hunter-gatherers who are believed to have been the earliest inhabitants of the continent. “Among those who suffer from the most severe types of discrimination in Africa are the former hunters –gatherers in countries such as Ethiopia, Kenya, and Zaire”44.
b) Nomadic pastoralists are another group of people who mainly live in the arid areas of Sub Saharan African mainly in the plains of the savannah grasslands. This group comprise of the Maasai. In Kenya, “Kajiado is second in importance to Narok district as the ethnic homeland of the Maasai”45. Other communities include the Cultivators and fishermen.
This meant that all these communities have their specific interests and different thinking when it came to adapting foreign ideologies. “The most important shortcoming of dependency theory is that it implies that there is an alternative, and preferable, kind of development of which the dependent economies are capable, but which their dependency prevents them from achieving”46. “The core meaning of dependent development or underdevelopment is that the economies of one group of countries are conditioned by the development and expansion of others in such a way that the development of the former is blocked”47. This study will therefore specifically deal with Maasai pastoralist and their response to development. However, other pastoralists and hunter-gathers are still found in Africa practicing a slightly changed mode of existence. The slight change is caused by their skeptical approach to new ideas introduced to them by governments and international organizations that pose as development agents. On the other hand development requires political representation. Some of these indigenous communities “… have no political representation. Because politics to a large extent determines the economic situation in most developing nations, the weak political situation reflects an equally poor overall socio-economic situation”48.

2. Chapter Two
2.0 The Maasai of Kenya and Foreign Development Theories.
2.1 Introduction.
Structuralism of development was one theory that was introduced by the west to influence the African states when they attained independence. It was aimed at using the governments to influence their citizens. The African state became an agent or instrument of the west for those countries that took the line of capitalism. To make it effectively adopted, the west made sure that the only way was to put it into the education curriculum. “This was introduced into African studies through Nicos Poulantzas’s work on the theory of the state and the development of the concepts of modes of production and articulation”1. But all the same, modes of existence did not arise because people wanted to live the way they are but through experience, they are able to make changes and adapt new ways gradually. Experience and availability of subsistence resources influenced their way of life through generations of trial and error.
For Maasai, they choose to keep cattle because the plains and savannah grasses favored cattle. They also learned through many generations that transhumance allowed for vegetation regeneration and growth. Their movement was also based on season and a planned system and route to pasture, water and other natural resources that affected the existence of their livestock. Growing crops may result to famine due to lack of enough rains. This may be one among other reasons, such as beliefs that prohibit them from other practices. Some Pastoralists such as the Arusha Maasai, who live in the highlands of Tanzania, settled and practiced a mixed economic system of cattle keeping and growing crops. They may have therefore been influenced by the availability of rain in Arusha due to its proximity to Mt. Kilimanjaro“... Structuralism produces a determinism that dismisses rather than explains historical diversity. Articulation directed attention to extraction of Africa labour power and commodities. It became incomplete and misleading as it only serves the needs of the metropolitan capital”2. Western societies introduced change into Africa. Communities that have adapted these changes more effectively include those that received formal education. This created the African elite society. Those communities that have resisted change are finding themselves in a cultural dilemma. This process therefore becomes an understanding of the destruction forms of uneven capitalist development in colonial Africa as argued by Bruce Barman 1990.
After independence, the leaders who succeeded the colonial white regimes took in wholesome the ideas of their former masters. Some thought development is having good schools, good roads, more money and other luxuries such as many expensive vehicles. Social-political influence by the theoretical thinking was not considered. This was a creation of African elite communities that sought for white color jobs, modern business promotion as well as taking over and controlling political leadership. Theoretical thinking therefore lacks originality in Africa unlike in countries such as Japan and China, which only borrowed from the west and supplemented more with their native theoretical approach. African traditional educators may have a theoretical thinking of their own, but if they had one, the modern theorists have overtaken the African traditional theorists making contribution into this field very minimal. Africans themselves have also not appreciated their folk knowledge, which they may have developed to supplement what they receive from foreign ideological thinking.

2.2 Development and Modernization among Maasai and Hunter Gathering societies
Failure by development agencies to influence much of these societies can be traced back to the colonial period when these groups were forced out of their prime lands and confined into reserves, which they were never used to. “Under the Crown Land ordinance 1902, 6000 square miles of land was alienated up to 1915”3. The Maasai for example used to roam about in a specific area of land, which was not prone to diseases and drought. The forced movement by the white settlers of the Maasai from Laikipia to the southern plateaus and west of Nairobi brought about resentment and mistrust by the Maasai of the government and its new ideologies aimed at changing their attitude. They see the new thinking as a plot for dominance and exploitation. “Many would sympathize with the frustrated ambivalence of one elderly Maasai man…who said, I don’t want our culture to be changed, because if we change our culture we will all be stupid”4. Maasai therefore offered a passive resistance. Today’s passive resistance can be seen from the introduction of sedentary lifestyle where the Maasai have been allocated group ranches. The Maasai were later forced to subdivide their land to bring about private ranching. This, the government argues, is a way to bring about development and food security to the affected people. The hunters gathering societies found themselves in a dilemma because they used to hunt in areas of Maasai pasture without any conflict. The Maasai never ate nor hunted wild game meat. There was no conflict of interest between the two communities as the Maasai were only interested in livestock and pasture while the Ogiek needed game meat and honey. They could collect it in Maasai owned land and withdraw to their forest after their gathering. When the land became group ranches, and later private ranches, Maasai found themselves conflicting in search of pasture and water. The Ogiek moved into reserved government forests and sometimes invaded game reserves where it was said to be illegal hunting by the Kenya Wildlife Service (KWS) and other environmentalists. In the recent past, the Ogiek ethnic group “…representatives filed a case in the High Court claiming that the law had been contravened since the eviction of about 5000 members of their community from Tinet forest”5. The forced eviction created both economic and social problems among the Ogiek, land became scarce because the society was never exposed to modern settled livelihood. Development in Kenya can be related with underdevelopment issues. Underdevelopment was an invention of the colonial system, which led to taxation, forced labour, and land acquisition. It made people to become poorer and dependent. Kaarshom Preben argues that ‘Colonial masters “… destroyed or set into motion the process of destruction of the pre-capitalist mode of production and laid the material basis for the emergence of modern societies integrated into world capitalism”6.
Among the Maasai of Kenya privatization of land is a foreign ideology associated with globalization theories of privatization and structural adjustment. The Kenyan government decided to make the Maasai to settle down. This approach was not attractive to the Maasai because the people offered a passive resistance, which has brought a lot of underdevelopment among them and an increase in poverty. The government has followed what the colonial government earlier did. It has denied the pastoralist’s community a chance to contribute in the new way of life settling the Maasai by incorporating traditional folk knowledge with modern systems of production. This should have been done through involvement and letting the Maasai decide for the method of permanent settlement. The reasons why pastoralists move from one place to another in search of water, grass, salts is to save cattle form starvation but also to allow the environment regain its bio-diversity and allow grass rejuvenation. The colonial and postcolonial governments as well as development agencies have failed by not involving the communities. Kaarsholm Preben continues to argue that both development and modernization theories as well as Marxist theories see development as “…based on economic growth as sequence of transformations which takes off at an identifiable point in time as irreversible process that explodes an earlier state of cultural inertia, irrationality and simple reproduction to replace it with a modern complexity of profit and participation oriented institutions”7. Wealth of a Maasai is calculated by how many cows and wives each man has. “Both men and women garnered more or less prestige according to their homestead’s wealth in stock, number of children, overall reputation for successful management of their domestic affairs”8. Monetary terms lacked sense among the Maasai. Monetary investment in livestock is important for poverty eradication and saving livestock from deaths but this should have been a gradual process aimed at educating them on the importance of money for profit making. This shows that social issues are related with economic development among the Maasai.
On the other hand, the Ogiek only get subsistence in terms of food by collecting honey from wild bees and hunting wild animals. They also search for utensils in terms of horns and skin clothing. Agencies and governments have been judging these groups of people in terms of backwardness. But it is important to consider “whether it is sufficient to measure the degree of backwardness or advancement of different groups of people merely in terms of distribution of economic activities. The different roles they play in economic life might not in the long run offer a more significant clue in the future potential development of each group”9. This is how Kant Rajani understands modernization theory. This may lead and had already led to stereotyping and lack of involvement as the government and expatriates try to think for the people instead of thinking with them. The study of historical influence in mode of life as well as state of underdevelopment of particular societies is very important to identify the reasons as to why the society is at the state it is in currently. For Kant Rajani, “it is generally held that economic development occurs in a succession of capitalist stages and that today’s underdeveloped countries are still in a stage sometimes depicted as original state of history through which the now developed countries passed along time”10. Development was there and continues to be widely perceived as synonymous with western style Modernization. Development can be said to be relative because, modern science cannot understand the use of some indigenous tree products in form of medicines and food. This can only happen if the modern scientists work very closely with local societies to be told what type of local indigenous tree is used for what purpose. For this reason, due to the collaboration, the scientist will therefore advance his research due to the help he/she got from the local people. Without the help of the local people, it would have taken the scientists several tests and many years before the discovery is made. This is development because the local people are much ahead in the use of natural resources and environments that surround them.
a) “Underdevelopment within this worldview is thus the widespread poverty that characterizes the economies of the South. Hence the development process is perceived as one of catching up with industrialized economies of the North”11. Eade Reborah argues that people are only seen as developed if they think like the West. People can however supplement ideas from the West with their own ideas and enrich their culture and way of life. Likewise, development of pastoralists and hunter gathering societies is seen as a way of catching up with the rest of Kenyans. However this study indicates that participation should be made a factor in helping the communities to catch up. Though there are existing group ranching as well as private ranches, the government and development agencies must address the issue of pastoralists to avoid famine and droughts that have become a threat to the entire pastoralist world. This can be done hand in hand with addressing hunter-gathering society’s land problems in Kenya. This will be effective because the globalization theory that is being promoted has trickled down to affect even the least popular citizens of every state in the world. It affects all fields of economy including subsistence, political situations and culture.
Multinational institutions are among the promoters of globalization and they seek to establish new and world scale monopolies even in areas of cultural as well as ecotourism that could have been aimed at benefiting the local communities. Avoiding its effects is very difficult as it brings about universal issues and problems equaling the entire human race. On the Human Rights theory, Eade Roborah says that women for example are brought to the limelight of globalization with and are “…regarded a flexible, mobile, cheap resource increasingly pulled into production lines that stretch form the smallest agriculturalist producers to the largest of world factories all producing for a global market”12. It is therefore necessary for the government and the development agents to consider the fact that economic growth is both a concern for the rich and the poor. The poor would want to sustain and maintain their subsistence economy so as to meet the needs of their families. “One way to serve these objectives is to enable local people to identify, express and achieve more of their own priorities”13.
Development theory and its practice is in constant change due to introduction of new ideas such as better planning, better coordination, accountability, transparency, human rights and good governance. However problems arise and this is why it is always in a flux because “…those who work in the paradigm of things tend to be high status uppers while those who work in the paradigm of people tend to be low status lowers”14. “Many of the errors of development have followed from trying to apply blue print approaches which work with controllable and predicable things to process with uncontrollable and unpredictable people”15.

2.3 The United Nations and Human Rights
A right is something which is good or morally in order. This is the reason why Human Rights activists introduced this theory among the pastoralist and hunter gathering societies. The United Nations adopted the “Universal Declaration of Human Rights, U.N.G.A. Res 217 A (111), UN Doc.A/810 at 71 (1948) adopted by the UN General Assembly on December 10, 1948”16. “Article 1: All human beings are equal in dignity and rights; Article22; Right to social security and the realization in accordance with the organization and resources of each State, of the individual’s economic, social and cultural rights indispensable for his/her dignity and freedom to development of personality”17.
Hunter-gatherers and pastoralist groups have certain traditions seen by other parts of the globe as morally bad or unjustified. However this brings about conflict of interest between its opponents and the recipients such as nomadic pastoralists who consider women to be of lower status and equal to the children. Female Genital Mutilation is another issue that has brought about a lot of conflict and skepticism towards development projects that are headed by lead agencies and government officials. According to Lisa Anbrey “modernization theory of the 1950s and 1960s stressed tension and conflict between tradition and modernity and assumes that societies would choose modernity and thus pass from the former to the latter”18.
Women are the most effected by tradition and modernization. Through observation this research has identified that many Maasai traditional thinkers argue that culture is superior to the individual because, for the Maasai, it is the way of the first man or woman. Change must therefore be internalized within a period of time through trial and error approaches in search of its effects. If a new tradition is introduced and it has negative effects, then the community will not adapt the new traits. Women have the greatest challenge because to “… modernization theory measures the extent of modernity or backwardness of a society based on variables that are by their nature biased towards men”19. On the other hand, women are also marginalized in education by tradition and modernity. In the traditional society of the Maasai, boys are sent to school in larger numbers than girls. Modernization also tends to discriminate women. “Then marginalization of women and development scholarship on women is direct consequence of male bias in development theory. Male bias continues to exist at the theoretical level and spills over unto the formulation and implementation of development policies and practices”20.

Advocacy for human rights is a recent ideology in Africa. Organizations are in pains trying to define what human right is. Based on the many different cultures found in the continent, it has been a difficult task to do advocacy and identify human rights abuses. Good examples of such organizations include indigenous people’s organizations that try to define the rights of native people in Africa. It has become so difficult to know who an indigenous person is in Africa. All communities claim to be and are indigenous. The human rights advocacy in Africa is therefore tied up with development goals where “people are less likely to contribute to the common good in an atmosphere of personal and familiar insecurity that includes danger to safety and property as well as unpredictable and prejudicial outcomes to their hopes and plans”21. “A human right is a safeguarded prerogative granted because a person is alive. It is a claim to something that can be exercised, justified without interference from others”22. Communities that are advocating for their Human Rights are therefore basing their arguments on cultural as well as land rights issues.
Economic, social and cultural rights are less clear, less easily agreed. Many advocates of human rights in Africa perceive them for the people. Most of the people especially in the issue of Female Genital Mutilation are sometimes led by a demand from the women themselves that they want to undergo the operation so that they can become “women”. In the African communities a girl must be initiated through Genital cutting. “Human rights that are western in origin and are constructive have only limited application in a culturally plural world. Hence, proponents of universal rights advocacy are insidious and pervasive western ethnocentrism”23. On the other hand, “the struggle to promote human rights is more likely to be won if it is fought in the ways that speak to local cultural traditions”24. Jack Donnelly says that, Hobbes believes that “… even the weakest has strength to kill the strongest, either by secret machination or by confederacy with others”25.
“Critical theory focuses on emancipation and what it can potentially contribute in the future that is a forum in which attempts can be made to bridge the gap between the productivity and communicative paradigms”26. Human rights and development advocacy can only effectively succeed in Africa if the theories are systematically introduced into cultures of the different communities so that these communities can internalize them and adapt them as part of their culture. As for the nomadic pastoralists, prestige is part of economic development. It is therefore necessary to sell Marxist capitalist ideas to them in an effort to make them internalize and adapt them as part of culture. The millennium development goals introduced by the United Nations can only succeed if they become part and parcel of culture. The people will only see them as forced foreign ideologies that need to be disregarded if they are not included in their cultural thinking and practise.

2.4 Challenges faced by Maasai Women in development and Human Rights.
The Maasai are a semi-nomadic pastoralist community who herd livestock particularly cows, goats, sheep and donkeys as beasts of burden. “The most picturesque people in East Africa are those of a tribe which has changed little of its ways since the advent of the white man the Masai”27. Gender roles are still well pronounced among the Maasai where men herd livestock and women build houses, cook food and collect household items such as cooking wood and water. Development programmes that are advocating for women rights have infringed into the socio economic welfare of the Maasai women. This study shows that, women empowerment and advocacy for anti Female Genital Mutilation (FGM) campaigns have brought about conflict of interest among women as well as men in the community. This study shows that, to become a woman in Maasai means undergoing initiation in form of Female Genital Mutilation. This gives the girl pride and a social status in the society.
According to the critics of Maasai culture, the Maasai people are still practicing an ancient culture and they “…represent embarrassing reminders of a lifestyle now despised and denigrated”28. Some customs are still very dominant among them such as Female cutting, child naming and the warriorhood rites. Marriage is one of the most respected and admired stage of life. Both boys and girls admire to get a wife or husband. This usually commences through passing a lot of life stages in the community known as ‘rites of passage. The rites of passages become more exciting for both sexes during circumcision. Maasai, girls undergo this rite of passage at the age of between twelve and fourteen years of age. Female Genital Mutilation is therefore a prerequisite for getting a husband or a wife in the Maasai community.

2.5 Female circumcision
“Female Circumcision/Female Genital Mutilation (FC/FGM) is the collective name given to several different traditional practices that involve the cutting of female genitals. The procedure is commonly performed on girls anywhere between the ages of four and twelve years of age as a rite of passage to womanhood. However, in some cultures, it is practiced as early as a few days after birth and as late as just prior to marriage or after the first pregnancy”29.
“In many communities, circumcision is performed as a rite of passage from childhood to adulthood, during which time the girl is equipped with skills for handling marriage, husband and children”30. Nasieku Tarayia terms the Maasai woman the one who “… holds the key to the social fabric. She is the glue that holds Maasai society together, the source and the means for enhanced social ties”31. This glue climaxes at circumcision when the girl leaves childhood and becomes a woman responsible for social affairs of the family and community. The social culture of the Maasai is the backbone for community survival. It is the one that holds customary laws. Women are therefore the teachers of customary law at the basic level, which is the foundation for Maasai life. Nasieku Tarayia argues further that schooling begins with the naming ceremony. “…The social curriculum starts with communication learning to speak effectively. The ability to reach out orally to different ages and genders in society is a highly valued accomplishment. This translates into skills for a good mother, a good wife, and perhaps even social elite”32. There are various social stages that are marked by ceremonial fanfare. However, the most important rite of all is that of transition which happens at adolescence. For girls, circumcision marks this. “…As a customary practice, it is as important to the initiates as it is to their families and the society at large. It marks a rite to maturity. The girl is promoted into the league of the honourables”33.
The female circumcision is not a Maasai activity. It is practiced in other parts of the world. “The practice of female circumcision dates back to antiquity, and although various theories have been advanced, its origins are obscure. Excision practices can be assumed to date back thousands of years, conceivably to the early beginnings of mankind”34. This study aims at referring to other areas in Africa as case studies to analise and show that Female Genital Mutilation is practiced as well in other parts of the continent and in other parts of the world. It is not unique to the Maasai people but it is a human cultural practice. To stop the practice may need a review of other ethnic societies that used to practice it and has since then stopped. “The practice of female circumcision is found across Africa in a broad triangular east- west band that stretches from Egypt in the northeast and Tanzania in the southeast to Senegal in the west”35. Excision and Infibulations are by no means unique to Africa, and have at some time in history been practiced or are still being practiced in many other parts of the world “… Female clitoral excision was practiced fairly extensively in the English-speaking world during the 19th Century”36. Hanny supports her arguments by arguing that Haas 1985 said that, “that from Germany, I have received the report that there still are similar cases among German Nationals”37.
In Chad, a community known as Peul practice female circumcision. “According to the habits and customs of this indigenous people, girls from a very young age get up early before the other members of their family to share the household tasks with their mother. They have to milk the animals… This they must do everyday until the head of the family decides it is time for them to marry. It forms part of woman Education”38. “For the Maasai, the practice is still venerated with pride by Maasai girls and women, educated and uneducated alike”39. This is a time when a woman is known to have become complete in social life. The last stage for her will be when she dies and her female children share her ornaments. “In the Kenyan society, Maasai women are known to be well mannered due to the form of education and training, which they have been exposed to. The Maasai girl has proven qualities as lasting partners for marriage and it is indeed the desire and dream of many men in Kenya knowledgeable of Maasai culture and traditions to have the hand of Maasai girl in marriage. Their character is seen as consistent, responsible, loving, and firm but humble”40. The psycho – socio status of the girl is radically transformed after initiation rituals. “Her physical and psychological behaviour must change and must be seen to have changed to reflect her new status. Her communication skills become those of a person with a wide view of life in the community and at home”41.

2.6 International Projects on Women Circumcision
Protest against female cutting started to emerge in Africa even during the colonial times. Many feminist organizations emerged in the 1960s and the 1970s. Research on the issue also took place in many parts of the world particularly in Africa. It became an international concern. In Kenya, there are various women organizations as well as feminist institutions advocating for the abolition of female circumcision. Some of these groups include also, certain government ministries in particular the Ministry of Health. Among such institutions include the National Focal Point (NFP). This“…. is a collaborative and coordination center for anti- (FGM) efforts, sources, activities and Programmes in Kenya”42. The purposes of its guidelines “…are therefore meant to provide for the functions and operations of (NFP) with the aim of strengthening its role to afford a facility for effective anti- (FGM) campaign in Kenya by individuals, organizations and Programmes. One of its objectives is to link local, regional, and international organizations looking in the area of (FGM) to facilitate networking between member organizations, donors, the government of Kenya, and other interested parties at local, regional and international levels”43.
It is therefore important to understand that donors are involved in the campaign against female cutting. To me, this tells me that a lot of factors are involved here. Though there are issues of human rights promotion for the women cause, employment is also sought by both local as well as international individuals. Non-Governmental Organizations are also known to be equal employers. Many International Agencies also, have their own interests. They have to use avenues such as women cutting in order to come in with their agenda. In this case, many more organizations are involved in the campaign. Others found in Kenya to name but just a few are Equality Now, Federation of Women Lawyers (FIDA) and the Ministry of Health as an arm of the government.
Equality Now is “… an international human rights organization dedicated to the protection and promotion of women’s rights. Issues of concern to equality now include female genital mutilation, rape, and domestic violence, trafficking in girls and women, denial of economic rights”44. Federation of Women Lawyers (FIDA) “…had endeavored to work with others particularly in highlighting the human rights implications of FGM and its negative impact on women’s reproductive health and rights”45. “The MOH/GTZ is a project on initiatives to overcome FGM. The project is based at the division of primary health care, ministry of health and is supported by GTZ. The overall goal of the project is to improve the physical and psychological well being of girls and women”46.
In Kenya, the campaign to stop the practice is very vocal and intensive against circumcision of the girl. However, the practice is still ongoing. The government has not practically put in place policies to eradicate female cutting at the communities that are practicing it. Furthermore as the research has indicated through observation methodologies, government officials from the ethnic groups that perform female cutting do not resist the act. Their children also undergo the operation. “A common explanation for FC/FG is social pressure. In a community where most women are circumcised, family, friends and neighbors create an environment in which the practice of circumcision becomes a component of social conformity”47.
Having little parallel in its ability to arouse an emotional response, the practice of female circumcision has come under increasingly intense international scrutiny from news media, feminist and human rights organizations, health practioners and legislators. “…The current resurgence of indignation was ignited in part by activists at conferences honouring the United Nations decade for women (1975-1985)”48. “... In the past decade, a wide range of women health and human rights activists has adopted the term Female Genital Mutilation because it clearly indicates the harm caused by the practice. The World Health Organization (WHO) also adopted the term Female Genital Mutilation”49. Jane Naitore, in a research found out that some girls complained about the operation of female cutting in the Meru community of Kenya. “These findings where witnesses who have been subjected to the surgery complained, led to a more ignited campaign in Africa. For Naitore, Kanini wondered why a human being should undergo such a horrible operation”50. “A reclassification has taken place, the local has become a global concern. Female circumcision has become Female Genital Mutilation (FGM) and a traditional practice has become a human rights violation. Under the gaze of international attention, the issue of female circumcision has come to constitute a site for a number of emotionally charged debates around cultural relativism, international human rights, racism and western imperialism, modernization, sexuality and patriarchal oppression of women”51. A lot of resistance however exists as to the eradication of Female Genital Mutilation in Africa. The communities involved do not do this through confrontation but through a silent way of resistance while on the other hand, they conti