The presentation highlights the concept of Sustainable Development contemporary issues in environmental policy in the global and Kenya context (strategies, opportunities and implementation).

1. CENTRE FOR ADVANCED STUDIES
IN ENVIRONMENTAL LAW AND
POLICY
CONTEMPORARY ISSUES IN
ENVIRONMENTAL POLICY
CONCEPT OF SUSTAINABLE DEVELOPMENT
BY:
PETER NAIBEI
REG. NO. Z50/89424/2016
GRADUATE PHYSICAL PLANNER

2. INTRODUCTION:
The world is faced with challenges in all three
dimensions of SD—economic, social and environmental.
The world as a whole still faces a number of persistent
sustainable development problems, including Rapid
urbanization, poverty and hunger, the loss of biodiversity
and climate change.
More than 1 billion people are still living in extreme
poverty, and income inequality within and among many
countries.
The Global Challenges are transnational in nature and
trans institutional in solution.
These threats to the Earth System have led the science
community and policy makers to work more closely to
meet the challenge in a sustainable and collaborative
manner.

3. WHAT? WHERE? WHY? BY WHOM? FOR WHOM?

4. HISTORICAL EVOLUTION OF SD CONCEPT
 SD has its roots in ideas about sustainable forest management which were
developed in Europe-1960s.
 Publication of Rachel Carson's Silent Spring in 1962.
 1968; Intergovernmental conference for rational use and conservation of the
biosphere
 1969 NEPA formed – EPA established.
 1970 - 71 Natural Resources Defense Council formed, earth day, Greenpeace
established, IIED
 1972 Club of Rome report published “Limits to Growth”
 1972 Stockholm, landmark event landmark on SD ,United Nations
Conference on Human Environment
 1972 Oil Crisis :
 1980 World Conservation strategy released (IUCN)-Towards Sustainable
development (Poverty, population pressure, inequity, trade)
 Global 2000 commissioned.
 1983 World Commission on Environment and Development formed-Gro
Harlem Brundtland (chair).
 1984 World watch publishes the first State of the World Report

5. CONTD…
 1985 Villach Austria, climate change predicted.
 1986 IUCN Conference on Environment and Development.
 1987 Our Common Future
 1992, -The Earth Summit- UN Conference on Environment and
Development (Rio 1992,178 nations,2400 NGO´s, 17000
participants)
 1993 First meeting of the CSD
 1995 World Summit for Social development
 1996 The Summit of the Americas on SD
 1997 UN GA review of the Earth Summit progress
 2000 UN Millennium Summit – declaration of the Millennium
Goals
 2001 EU sustainable development strategy
 2002 Rio plus 10 – Johannesburg
 2015, the UNGA formally adopted the "universal, integrated and
transformative" 2030 Agenda for SD, a set of 17 (SDGs).

6. WHAT IS SD?
 “Development that meets the needs of the present
without compromising the ability of future generations
to meet their own needs" Brundtland Commission
“Our common future” 1987.
 SD -approach that will permit continuing improvements
in the quality of life with a lower intensity of resource
use, thereby leaving behind for future generations an
undiminished or even enhanced stock of natural
resources and other assets.
 SD ties together concern for the carrying capacity of
natural systems with the social challenges facing
humanity.
Improvement of
lifestyles and
well-being
Preserving
natural
resources and
ecosystems
SD

7. HUMAN SOCIETY ECOSYSTEMS NEXUS

8. PILLARS OF SUSTAINABLE DEVELOPMENT…
These pillars are Interdependent and mutually reinforcing.
(The United Nations, 2005 World Summit)

9. "Eradicating poverty is the greatest global
challenge facing the world today and an
indispensable requirement for sustainable
development “. Rio + 20
We recognize that poverty eradication, changing
unsustainable and promoting sustainable patterns
of consumption and production, and protecting and
managing the natural resource base of
economic and social development are the
overarching objectives of and essential
requirements for sustainable development.
GLOBAL SD CHALLENGES POST 2015

11. SYMPTOMS OF CRISIS
Some examples of the impact of climate
change on earth

12. CORE DRIVERS OF UN-SUSTAINABILE DEV’T
 Consumption
 Use of resources beyond the reasonable limits set by
nature
 Production
 Gross inefficiencies in production.
 Distribution
 Rising inequalities, the food, fuel and financial crises
 Inequitable distribution e.g. distribution of global
income between rich and poor
Firstly, there is a view that poverty alleviation is a more
serious problem than environmental protection.
Secondly, there is the view that poverty is a cause not just
a symptom of environmental degradation: poor people are
forced to degrade their environment because they have no
other means to survive.
Old and new approaches to
human use of the atmosphere

13. PRINCIPLES OF SD
Equity Principle (inter and Intra -generational
equity)
Precautionary Principle
Polluter-Pays Principle
Principle of public participation
Principle of International Co-operation
Principle of good environmental management
Principle of Subsidiarity

14. GLOBAL/UNIVERSAL SD PRINCIPLES
Protect the environment and at the same time fulfill economic and
social objectives
 P1: Human beings are at the centre of concerns for SD.
 P3: The right to development must be fulfilled so as to equitably meet
developmental and environmental needs of present and future
generations.
 P4: In order to achieve sustainable development, environmental
protection shall constitute an integral part of the development process
and cannot be considered in isolation from it.
 P5: All States and all people shall cooperate in the essential task of
eradicating poverty as an indispensable requirement for sustainable
development, in order to decrease the disparities in standards of
living and better meet the needs of the majority of the people of the
world.
 P27: States and people shall cooperate in good faith and in a spirit of
partnership in the fulfilment of the principles embodied in this
Declaration and in the further development of international law in
the field of sustainable development.
http://www.unep.org/documents.multilingual/default.asp?documentid=7
8&articleid=1163

15. STRATEGIES TOWARDS GLOBAL SD
 The two basic strategies are mitigation and adaptation.
• Mitigation - buys time, but mitigation alone may lead to
prolonging the agony.
• Adaptation - adaptation to new ways of life that are
healthy for both humans and the human habitat.
 Political Commitment
• the Stockholm Deceleration of the UN Conference on the
Human Environment adopted at Stockholm on 16 June
1972.
• The Rio Declaration on Environment and Development,
Agenda 21.
• 1992 Earth Summit in Rio de Janeiro
• 2030 Agenda for Sustainable Development, 2015 SDG (17
goals) and 169 targets.

16. SUSTAINABLE DEVELOPMENT GOALS 2030

17. GLOBAL ENVIRONMENTAL GOVERNANCE (GEG)
MEAs : treaties, conventions, protocols, and other binding instruments
related to the environment.
Article 2 (sub article 5 and 6) of the CoK of 2010
 Atmosphere.
 Freshwater resources.
 Hazardous substances.
 Marine environment – global conventions.
 Marine environment – regional conventions.
 Marine living resources.
 Nature conservation and terrestrial living resources.
 Noise pollution.
 Nuclear safety.
https://en.wikipedia.org/wiki/List_of_international_environmental_agre
ements

18. INTERNATIONAL LAWS FOR SD (KENYA)
 Agreements- 42
 Amendments-12
 Annexes- 7
 Charters-13
 Conventions -315
 Covenants-5
 Declarations-9
 Protocols 78
 Treaties- 12
 http://kenyalaw.org/treaties/treaties/types/Protocols

19. CONVENTIONS
 Kyoto Protocol is an international treaty which extends the 1992
UNFCCC-reduce greenhouse gas/CO2.
 Aarhus Convention on Access to Information, Public Participation in
Decision-1998
 Agreement on the Conservation of African-Eurasian Migratory Water
birds
 Cartagena Protocol on Biosafety
 Convention on the International Trade in Endangered Species of Wild
Flora and Fauna (CITES)-1973
 Convention on the Conservation of Migratory Species of Wild
Animals, (CMS), Bonn, 1979.
 Convention to Combat Desertification (CCD), Paris, 1994.
 Framework Convention on Climate Change (UNFCCC), New York,
1992.
 Ramsar Convention on Wetlands of International Importance,
especially as Waterfowl Habitat, Ramsar, 1971.
 United Nations Framework Convention on Climate Change.
 Vienna Convention for the Protection of the Ozone Layer, Vienna,
1985,

20. INSTITUTIONS THAT AFFECT GEG/SG
 UNEP (1972) -principal stated mandate is to coordinate
environmental programs within the UN and be a catalyst for
new initiatives.
 Commission on Sustainable Development (CSD) (1992) - to
coordinate between the three pillars of sustainable development.
 UNDP (1965)-implementing the MDGs.
 World Meteorological Organization (WMO) deals with
atmosphere and climate.
 FAO – global agriculture, forests and fisheries
 International Atomic Energy Agency (IAEA) – nuclear safety
and radioac8ve waste.
 International development banks have a large and increasing
impact on GEG through their projects and environmental
strategies.

21. NATIONAL POLICY AND IMPLEMENTATION
 Since 1963, Kenya has pursued development that has focused
on eradicating hunger, illiteracy and diseases.
1. Sessional paper No. 1 of 1965
2. The Poverty Reduction Strategy Paper (PRSP) in 1999
3. The Economic Recovery Strategy for Wealth and
Employment Creation (ERS).
4. Kenya’s development blueprint Vision 2030.
Paradigm shift
 The CoK, 2010 (sustainability-article 69, environmental
rights-article 42 , Public participation –Inclusivity, good
governance )
 Environmental policy for specific natural resources (e.g.
forestry, land, fisheries, wildlife, etc.) and climate change.

22. CORE DRIVERS AND LIMITATIONS TOWARDS SD
Kenya is still faced with diverse and complex challenges and has
been struggling to achieve the sustainability:
 Poverty-ranked 6th among top 10 countries in Sub-Saharan Africa
 Weak Environmental Governance:
 Loss of Biodiversity
 Pollution (water, land, air, solid and liquid wastes)
 Land Degradation and Desertification
 Water Management
 Climate Change
 Energy
 Security And Disaster Management
 Major Infrastructure Developments: e.g. SGR,LAPSSET,

23. POPULATION GROWTH
The population is
growing at a time when
the country is
experiencing climate
change effects such as
erratic rainfall, food
insecurity and flooding.
Addressing population
growth and climate
change together should
be a top priority if
Kenya is to achieve
sustainable
development.

25. CONTD…
 Lack of a comprehensive land use policy in Kenya.
 Multi policies and legislative statutes relating to land use and the
environment that are: not integrated, highly sectoral and often
conflicting, outdated and to a greater extent have not been enforced
due to conflicting sectoral interests.
 Anthropogenic pollution –land degradation; Biomass harvest, solid
and liquid waste etc.
 Weak environmental governance-Many sectoral policies and laws are
not harmonized with each other and with the CoK,2010, weak
enforcement of laws and weak implementation of policies.
 Valuation of environmental and natural resources- hardly reflected
in pricing of marketed goods and services.
 Desertification (ASAL areas)- expanding agriculture, charcoal
burning, human settlements, land degradation, deforestation and
overgrazing.
 Diminishing Agricultural Lands exacerbated with increasing
population and urban migration causes threat to food security.

26. CONTD…
 Human wildlife conflicts as human population increases,
development expands, the global climate change and other human
and environmental factors put people and wildlife in greater direct
competition for a shrinking resource base.
 Inadequate capacity on emergency preparedness and disaster
management- droughts, floods, landslides and epidemic outbreaks
as well as those propelled by climatic change phenomena, pose
extremely high and increasing disaster risks to the Kenyan
society.
 Destruction of Water Towers and Other Water Catchments
 Weak enforcement of environmental compliance attributed to
inadequate technical capacities, monitoring infrastructure and
inadequate trained staff in enforcement institutions.
 Sustainable financing mechanism and capacity.

27. STRATEGIES, OPPORTUNITIES AND IMPLEMENTATION
The Kenyan state aims to safeguard sustainable exploitation, utilization,
management and conservation of the environment and natural resources
and ensure equitable sharing of the accruing benefits.
 Constitution of Kenya.
 Devolution
 Vision 2030
 International Relations
 Environmental Policy
 Climate Change (Action Plan and the Act)
 Land Policy
 National Climate Change Response Strategy
 Forest Policy
 Sustainable Mining
 Poverty Alleviation
 Green Economy
 Role of the Private Sector

28. CONTD…
 Decision-Making: Legislation and Regulations (natural Resource aspects e.g.
Agriculture, energy, water, Biodiversity, decentralization of decision making
to the local levels.
 Participation-cooperation, collaboration, synergy, partnerships and
participation (private sector, academia, civil society and government
agencies etc.).
 Integrating environmental concerns in PPPs.
 Mainstreaming of Gender issues.
 Science, Technology and Innovation- Promotion of research( research
centres, universities, business firms and in agriculture.
 Strengthened legal and institutional framework for good governance –
Environment and Land Court, NEMA, Devolution.
 Innovative environmental management tools-SEAs, (EIAs), (EA) and
Payment for Environmental Services (PES).

29. RECOMMENDATIONS
 The right to development must be fulfilled so as to equitably
developmental and environmental needs of present and future
generations.
 Environmental protection to constitute an integral part of the
development process and cannot be considered in isolation from it.
 Eradicating poverty and raising the standards of living for all.
 Partnerships to conserve, protect and restore.
 Reduce and eliminate unsustainable patterns of production and
consumption
 Promote appropriate demographic policies.
 Promoting and strengthening participation of all concerned citizens, at
the relevant level.
 Precautionary approach as cost-effective measures to prevent
environmental degradation.
 Strengthening EWS to combat natural disasters.
 Strengthening justice system and environmental governance.
 Protection of fundamental rights as provided by the CoK, 2010.
 Improving food security and adding value to agriculture
 Provide for a comprehensive programme for desertification control.

30. CONCLUSION
 Sustainable development (SD) is truly the ultimate challenge of
today's world.
 The world as a whole still faces a number of persistent SD problems,
including poverty and hunger, the loss of biodiversity and climate
change.
 SD core approach to development that looks to balance different, and
often competing, needs against an awareness of the environmental,
social and economic limitations we face as a society.
 SD has become part of Kenyan law in a bid to overcome todays SD
challenges.
 Commitment to International Treaties and Conventions.
 Gear towards a sustainable country/world. “Development that meets
the needs of the present without compromising the ability of future
generations to meet their own needs”.
 Achieving SD will require local/national/global actions to deliver on
the legitimate aspiration towards further economic and social
progress, and strengthening environmental protection.

31. REFERENCES
 AFIDEP, (2012). Population, Climate Change, and Sustainable Development in
Kenya. Policy Brief. Population Action International and the African Institute for
Development Policy, Nairobi, Kenya
 Brundtland et al (1987), Our Common Future, World Commission on Environment
and Development (The Brundtland Report), Oxford University Press.
 Government of Kenya (2000): A Summary of the Kenya National Biodiversity
Strategy and Action Plan. Ministry of Environment &Natural Resources. IMP
00015. Nairobi Kenya.
 Government of Kenya (2003): Economic Recovery Strategy for Wealth and
Employment Creation 2003 – 2007. Ministry of Planning and National
Development. Nairobi, Kenya.
 Government of Kenya (2007): Kenya Vision 2030. Ministry of State for Planning,
National Development, & Vision 2030 and Office of the Deputy Prime Minister and
Ministry of Finance. Nairobi, Kenya.
 Government of Kenya (2010): National Climate Change Response Strategy. Ministry
of Environment and Mineral Resources. Nairobi Kenya.
 Government of Kenya (2010): National Climate Change Response Strategy. Ministry
of Environment and Mineral Resources. Nairobi Kenya.
 Government of Kenya (2013): National Environment Policy of 2013. Ministry Of
Environment, Water And Natural Resources. Nairobi Kenya.