LEGISLATIVE AND INSTITUTIONAL FRAMEWORKS OR ARRANGEMENTS

1
LEGISLATIVE AND INSTITUTIONAL FRAMEWORKS OR
ARRANGEMENTS

• PRESENTATION DURING THE THIRD SESSION OF THE
  COMMITTEE FOR THE REVIEW OF THE IMPLEMENTATION OF
  UNITED NATIONS CONVENTION TO COMBAT
  DESERTIFICATION (UNCCD), BONN, GERMANY, 2ND-11TH
  MAY 2005.
• BY
• Mr. S. N. Njoroge
• UNCCD NATIONAL FOCAL POINT
• NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA),
• MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES,
• REPUBLIC OF KENYA.

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LEGISLATIVE FRAMEWORKS

• ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT
  (EMCA), 1999
• GUIDING PRINCIPLES OF SUSTAINABLE DEVELOPMENT
• PUBLIC PARTICIPATION IN DEVELOPMENT OF POLICIES,
  PLANS AND PROCESSES OF ENVIRONMENTAL MANAGEMENT
• COMMUNITY CULTURAL AND SOCIAL PRINCIPLES OF
  NATURAL RESOURCES/ENVIRONMENTAL MANAGEMENT
• INTERNATIONAL COOPERATION IN ENVIRONMENTAL
  RESOURCES MANAGEMENT
• INTERGENERATIONAL AND NTRAGENERATIONAL EQUITY
• POLLUTER-PAYS PRINCIPLE
• PRE-CAUTIONARY PRINCIPLE

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INSTITUTIONAL FRAMEWORKS OR ARRANGEMENTS

• MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES
  (MENR)
• NATIONAL ENVIRONMENT COUNCIL (NEC)
• NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA)
• GOVERNMENT MINISTRIES / DEPARTMENTS, NGOs,
  PRIVATE SECTOR, UNIVERSITIES, RESEARCH
  INSTITUTIONS
• NATIONAL ENVIRONMENT ACTION PLAN COMMITTEE
  (NEAPC) STANDARDS AND REVIEW COMMITTEE (SAREC)
  PUBLIC COMPLAINS COMMITTEE (PCC)
• NATIONAL ENVIRONMNET TRIBUNAL (NET)
• HIGH COURT
• PROVINCIAL ENVIRONMENT COMMITTEES (PECs)
• DISTRICT ENVIRONMENT COMMITTEES (DECs)

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28/04/05 INSTITUTIONAL
FRAMEWORKS OR ARRANGEMENTS
HIGH COURT
MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES
NATIONAL ENVIRONMENT COUNCIL (NEC)
PUBIC COMPLAINS COMMITTEE (PCC)
NATIONAL ENVIRONMENT TRIBUNAL (NET)
BOARD OF MANAGEMENT OF NATIONAL ENVIRONMENT
AUTHORITY
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA)
STANDARDS AND REGULATION REVIEW COMMITTEE (SAREC)
NATIONAL ENVIRONMENT ACTION PLAN COMMITTEE (NEAPC)
PRIVATE SECTOR
NGOs
GOVERNMENT MINISTRIES/ DEPARTMENTS
UNIVERSITIES
RESEARCH INSTITUTIONS
PROVINCIAL ENVIRONMENT COMMITTEES (PECs)
DISTRICT ENVIRONMENT COMMITTEES (DECs)
COMMUNITY AND COMMUNITY BASED ORGANISATIONS
(CBOs)
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SUCCESSES

• ESTABLISHMENT OF INSTITUTIONS UNDER EMCA, 1999
• GAZETTEMENT OF ENVIRONMENTAL REGULATIONS AND
  STANDARDS
• ESTABLISHMENT OF NATIONAL ENVIRONMENT TRUST FUND
  (NETF)
• PREPARATION OF COUNTRY STATE OF ENVIRONMENT (SOE)
  REPORTS FOR YEAR 2003 2004
• ENHANCED COMMUNITY PARTICIPATION IN ENVIRONMNETAL
  MANAGEMENT
• DEVELOPMENT AND PREPARATION OF POLICY PAPERS ON
  ASAL WATER, LAND AND LAND USE
• IMPLEMENTATION OF SOME ACTIVITIES OF NATIONAL
  ACTION PROGRAMME (NAP) TO COMBAT DESERTIFICATION

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STRENGTHS

• HUMAN CAPACITY
• ESTABLISHMNET OF INSTITUTIONS UPTO THE GRASSROOT
  LEVELS
• POLITICAL WILL
• DEVELOPEMNT PARTNERSHIPS AMONG STAKEHOLDERS

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WEAKNESSES

• INADEQUATE MAINSTREAMING OF NAP
• FINANCIAL / RESOURCES CONSTRAINTS
• INADEQUATE ENFORCEMENT OF LAWS ON NATURAL
  RESOURCES MANAGEMENT
• INADEQUATE SYNERGY AMONG MEAs

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CHALLENGES

• RESOURCES MOBILISATION
• INCREASING NATIONAL BUDGETARY ALLOCATION TO
  COMBATING DESERTIFICATION
• IMPROVING MANAGEMENT OF CROSS BORDER NATURAL
  RESOURCES
• INCREASED COMMUNITY INVOLVEMENT IN ENVIRONMENTAL
  MANAGEMENT
• IMPROVING SYNERGY AMONG MEAs

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LESSONS LEARNED

• THERE IS ADDED VALUE IN DEVELOPING AND
  STRENGTHENING OF PARTNERSHIPS AMONG DEVELOPMENT
  PARTNERS, LEAD AGENCIES, COMMUNITY AND OTHER
  STAKEHOLDERS
• LEGISLATION AND ENFORCEMENT OF ENVIRONMNETAL
  MANAGEMENT LAWS IS FOUNDAMENTAL TO COMBATING
  DESERTIFICATION
• THERE IS URGENT NEED TO ENHANCE PUBLIC EDUCATION
  AND AWARENESS CREATION IN ORDER TO PROMOTE
  IMPLEMENTATION OF ACTIVITIES TO COMBAT
  DESERTIFICATION / ENVIRONMENTAL DEGRADATION
• COMMUNITY INVOLVEMENT IN THE IMPLEMENTATION OF
  UNCCD THOUGH A CHALLENGE IS NECESSARY
• CAPACITY BUILDING NECESSARY AT ALL LEVELS IS
  NEEDED FOR EFFECTIVE IMPLEMENTATION OF THE
  CONVENTION

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WAY FORWARD

• THE COUNTRY HAS STARTED MAINSTREAMING OF NAP INTO
  ITS NATIONAL DEVELOPMENT FRAMEWORKS
• RESOURCES MOBILISATION FOR NAP IMPLEMENTATION IS
  BEING UNDERTAKEN
• PROGRAMMES UNDER IMPLEMENTATION TO ENHANCE PUBLIC
  EDUCATION AND AWARENESS CREATION ON ISSUES OF
  COMBATING DESERTIFICATION
• LOCAL COMMUNITY EMPOWERMENT IN PROGRESS THROUGH
  TRAINING AND STRENGTHENING OF INSTITUTIONS AT
  GRASSROOTS LEVELS.
• STRENGTHEN PARTNERSHIPS AMONG STAKEHOLDERS AND
  DEVELOPMENT PARTNERS