LECTURE TWELVE
Introduction and definition of terms
1.1 Introduction
This lecture provides a discussion on the national and international laws dealing with environmental conservation.
The lecture covers:
Lecture objectives 2. National environmental laws 3. International environmental laws 8. Further activities 9. summary 10. suggestions for further reading.
.jpeg)
1.2 Lecture objectives
By the end of this course the learner should be able to:
Discuss the national and international environmental laws governing environmental conservation.
1.3 e-tivity
protected areas
Numbering, sequencing: 1.3
Title: laws and legislations dealing with environmental conservation
Brief summary of task:
- read the document below at Url
- read the online documents below and open the links provided to watch you tube videos (section 1.13)
Spart or simulator: protected zones
Individual task: using bullet points/paragraphs,
a) discuss the national and international laws dealing with environmental conservation
Interaction begins:
a) post two questions related to laws dealing with conservation in Kenya
b) provide feedback to learners views.
E-moderator interventions:
a) ensure learners are focused on discussions.
b) stimulate further learning.
c) provide feedback on learning progress.
d) Close e-tivity.
Schedule and time: this should take 30 minutes.
1.4 National environmental laws
EMCA 1999- Environmental Management and Coordination Act, 1999 Assented to in1999 and commenced in 2000.
An ACT of Parliament to provide for the establishment of an appropriate legal and institutional framework for the management of the environment and for the matters connected therewith and incidental thereto.
Institutions under EMCA
NEMA: National Environmental Management Authority (NEMA) is to exercise general supervision and co-ordination over all matters relating to the environment and to be the principal instrument of Government in the implementation of all policies relating to the environment/
NATIONAL ENVIRONMENT COUNCIL: responsible for policy formulation directions for the purposes of the Act. The Council also sets national goals and objectives, and determines policies and priorities for the protection of the environment.
PROVINCIAL AND DISTRICT ENVIRONMENT COMMITTEES: Contribute to decentralisation of environmental management and enable participation of local communities.
PUBLIC COMPLAINTS COMMITTEE: provides the administrative mechanism for addressing environmental harm.
NOISE REGULATIONS, 2009
These Regulations prohibit a production of any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment.
WETLAND REGULATIONS, 2009
The regulations empower the District Environment Committee to co-ordinate, monitor and advise on all aspects of wetland resource management within the district.
WATER QUALITY REGULATIONS
This includes the following:
•Protection of sources of water for domestic use;
•Water for industrial use and effluent discharge;
•Water for agricultural use. These Regulations outline:
•Quality standards for sources of domestic water;
•Quality monitoring for sources of domestic water;
•Standards for effluent discharge into the environment;
•Monitoring guide for discharge into the environment;
•Standards for effluent discharge into public sewers.
WASTE MANAGEMENT REGULATIONS
These Regulations apply to all categories of waste . These include:
•Industrial wastes;
•Hazardous and toxic wastes;
•Pesticides and toxic substances;
•Biomedical wastes;
•Radio-active substances. These regulations outline requirements for handling, storing, transporting, and treatment/ disposal of all waste categories. Disposal of waste by NEMA licensed company.
CONTROLLED SUBSTANCES
These are basically ozone depleting gases One needs a license to:
•Produce Controlled Substances.
•Import Controlled Substances. Transport Controlled Substances through Kenya. Export Controlled Substances.
1.5 International environmental laws
Convention on Biological Diversity
The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The convention has three main goals: the conservation of biological diversity (or biodiversity); the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources.
Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development. The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993. It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international treaty governing the movements of living modified organisms (LMOs) resulting from modern biotechnology from one country to another. It was adopted on 29 January 2000 as a supplementary agreement to the CBD and entered into force on 11 September 2003.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another supplementary agreement to the CBD.
It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014.
Convention on International Trade in Endangered Species of Wild Fauna and Flora,
CITES (shorter name for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as the Washington Convention) is a multilateral treaty to protect endangered plants and animals.
It was drafted as a result of a resolution adopted in 1963 at a meeting of members of the International Union for Conservation of Nature (IUCN). The convention was opened for signature in 1973 and CITES entered into force on 1 July 1975.
Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species in the wild, and it accords varying degrees of protection to more than 35,000 species of animals and plants. In order to ensure that the General Agreement on Tariffs and Trade (GATT) was not violated, the Secretariat of GATT was consulted during the drafting process.
CITES is one of the largest and oldest conservation and sustainable use agreements in existence. Participation is voluntary, and countries that have agreed to be bound by the convention are known as Parties.
Although CITES is legally binding on the Parties, it does not take the place of national laws. Rather it provides a framework respected by each Party, which must adopt their own domestic legislation to implement CITES at the national level. Often, domestic legislation is either non-existent (especially in Parties that have not ratified it), or with penalties with the gravity of the crime and insufficient deterrents to wildlife traders.
As of 2002, 50% of Parties lacked one or more of the four major requirements for a Party: designation of Management and Scientific Authorities; laws prohibiting the trade in violation of CITES; penalties for such trade; laws providing for the confiscation of specimens.
Convention on the Conservation of Migratory Species of Wild Animals
The Convention on the Conservation of Migratory Species of Wild Animals, also known as the Convention on Migratory Species (CMS) or the Bonn Convention, is an international agreement that aims to conserve migratory species throughout their ranges. The Agreement was signed under the auspices of the United Nations Environment Programme and is concerned with conservation of wildlife and habitats on a global scale.
Signed in 1979 in Bonn, West Germany, the Convention entered into force in 1983. As of September 2020, there are 131 Member States to the Convention. The depositary is the Government of the Federal Republic of Germany.
The CMS is the only global, and United Nations-based, intergovernmental organization established exclusively for the conservation and management of terrestrial, aquatic and avian migratory species. The CMS, and its daughter Agreements, determine policy and provide further guidance on specific issues through their Strategic Plans, Action Plans, resolutions, decisions and guidelines.
Berne Convention on the Conservation of European Wildlife and Natural Habitats
The Bern Convention on the Conservation of European Wildlife and Natural Habitats, also known as the Bern Convention (or Berne Convention), is a binding international legal instrument in the field of Nature Conservation, it covers the natural heritage in Europe, as well as in some African countries. The Convention was open for signature on 19 September 1979 and came into force on 1 June 1982. It is particularly concerned about protecting natural habitats and endangered species, including migratory species.
The convention has three main aims, which are stated in Article 1: to conserve wild flora and fauna and their natural habitats; to promote cooperation between states; to give particular attention to endangered and vulnerable species including endangered and vulnerable migratory species
