EFTA01090080.pdf

Environmental governance and climate change in Africa Legal perspectives Rose Mweba. and Louis J Kot. EFTA01090080 EFTA01090081 Contents Preface vii About the Editors xv About the Authors xix Part 1 Climate Change in Africa: General Perspectives Chapter 1 The impact of climate change In East Africa 3 Rose Mwebaza Introduction 4 Background on East Africa 5 Emerging evidence on climate change 7 The impact of climate change in Eastern Africa 10 Conclusion 14 Chapter 2 Gender roles, land degradation and climate change A Ugandan case study 21 Godard Busingye Introduction 22 Conceptual framework 22 Land degradation 30 Linking climate change to land degradation 35 Gender roles, land degradation and climate change 37 Conclusion 39 MONOGRAPH 167 EFTA01090082 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA Part 2 Climate Change Mitigation Chapter 3 Climate change and informal institutions in the Lake Victoria Basin 49 Donald A Mwiturubani Introduction 50 Africa's economies and the impact of climate change 51 Institutional arrangements in natural resources management 52 Policies and legislation in natural resources management 54 The associations of traditional leaders and natural resources management 57 Conclusion 62i Part 3 Climate Change Adaptation Chapter 4 Adaptation policies in Africa Challenges and opportunities in the application of tools and methods on climate change 71 Zerisenay Habtezion Introduction 72 Adaptation mainstreaming 73 Tools and methods 73 The Eritrean situation 74 Challenges and opportunities 77 Conclusion 81 Chapter Policy, legislative and regulatory challenges in promoting renewable energy in Nigeria 93 Muhammed Tawfiq Ladan Introduction 94 The importance of efficient and renewable energy in the Nigerian context 96 Overview of the policy, legislative and regultory measures available to promote energy efficiency and renewable energy in Nigeria 103 Challenges and strategies relating to climate change mitigation, use and regulation of renewable and efficient energy in Nigeria 108 11 INSTITUTE FOR SECURITY STUDIES EFTA01090083  Conclusion 110 Chapter 6 Biofuels in Tanzania Legal challenges and recommendations for change 117 Eliamani Laltaika Introduction 117 Tanzania: Economic geography, climate change and the biofuels industry 119 Effects of biofuels 121 Legal and policy recommendations 124 Conclusion 127 Part 4 The Clean Development Mechanism Chapter 7 Towards sustainable development An African perspective on reforming the Clean Development Mechanism 141 Michaela Lau, Olivia Rumble and Phillipa Niland Introduction 142 The clean development mechanism in a nutshell 144 The application of the clean development mechanism 144 Increasing the scope of the clean development mechanism 145 Correcting distributional imbalances and imblances in project types 149 Reform of the verification and certification criteria 150 Institutional reform 154 Reform of the adaptation fund 156 Conclusion 159 Chapter 8 The clean development mechanism and forestry projects in Cameroon The case of forestry projects in Cameroon 171 Christopher F Tamasang Introduction 171 The clean development mechanism requirements or conditonality 173 Clean development mechanism requirements for forestry projects 173 Trends, challenges and opportunities related to the attainment MONOGRAPH 167 iii EFTA01090084 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA of CDM requirements in african forestry projects 182 Legal responses and progress mechanisms 185 Conclusion 186 Chapter 9 Regulatory mechanisms for implementing renewable energy projects in Uganda 197 Emmanuel Kasimbazi Introduction 198 Potential for rrenewable energy resources in Uganda 198 Implementation of CDM projects in the renewable energy sub-sector 200 The regulatory framework for clean development mechanism under the renewable energy sub-sector 203 Challenges for the implementation of clean development mechanism projects in the renewable energy resources sub-sector 214 Conclusion and recommendations 216 Part S Human Rights Approaches to Climate Change Mitigation and Adaptation Chapter 10 Climate change and the international human rights framework in Africa ..227 Rose Mwebaza Introduction 228 The nexus between climate change and human rights 229 The impact of climate change on human rights in Africa 234 Mitigating and adapting to the impacts of climate change through the international human rights framework 242 Conclusion 253 Chapter 11 Implications of climate change for the right to health in Uganda 263 Ben Kilomba Twinomugisha Introduction 264 Climate change and public health: An overview 265 The interface between environment, human rights, and climate change 267 The normative content of the right to health 271 iv INSTITUTE MR. ECURITY STUDIES EFTA01090085  ROSE MWERAZA AND LOUIS J KOTZE Strategies for addressing the impact of climate change on the right to health 273 Conclusion 276 MONOGRAPH 167 EFTA01090086 EFTA01090087 Preface Africa is one of the most vulnerable continents to climate change and climate variability, a situation aggravated by the interaction of 'multiple stresses, occurring at various levels, and low adaptive capacity ... Africa's major eco- nomic sectors are vulnerable to current climate sensitivity, with huge economic impacts, and this vulnerability is exacerbated by existing developmental chal- lenges such as endemic poverty, complex governance and institutional dimen- sions; limited access to capital, including markets, infrastructure and technol- ogy; ecosystem degradation; and complex disasters and conflicts. These in turn have contributed to Africa's weak adaptive capacity, increasing the continent's vulnerability to projected climate change.' With these somber words, the Intergovernmental Panel on Climate Change (IPCC) confirmed in 2007 that Africa is one of the continents on earth that is most susceptible to the potentially devastating effects of climate change. In the African context, the ecological impacts resulting from climate change are compounded by, what the IPCC terms, 'multiple stresses. These stresses mani- fest themselves in various forms, including, inter alit': immense socioeconomic challenges such as poverty; lack of basic amenities which negatively affect mate- rial conditions for human welfare; lack of good governance practices; political instability and armed conflicts; displacement of people as a result of human- induced and natural disasters; the prevalence and increase of diseases, par- ticularly HIV/AIDS; wide-spread human rights abuses; developing economies attempting to claim their rightful place in the world economic order; and lack of financial resources. The Fourth Assessment Report of the Intergovernmental Panel on Climate Change (2007) details and further elaborates on all these chal- lenges and paints a particularly gloomy picture for the continent's future and the enormous challenges that lie ahead in progressively and effectively address- ing the challenges. MONOGRAPH 167 vii EFTA01090088 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA It is therefore not surprising that climate change constitutes one of the most topical themes increasingly permeating the current development debate, especially insofar as climate change will require a paradigm shift regarding approaches to sustainable development and the attainment of the Millennium Development Goals in Africa. Sustainable development is a complex phenom- enon. It therefore seems pertinent to engage in vigorous discourse to devise strategies to ameliorate the severe impact of climate change on developing coun- tries and, more specifically, the vulnerable countries situated on the African continent. Effectively tackling climate change requires a multi-disciplinary approach. Law, and more specifically, environmental law, plays an important role in this respect, especially insofar as legal mechanisms are able to shape the behaviour of people with respect to their interaction with the environment. The manner in which law could be used to address the deleterious effects of climate change accordingly provides numerous opportunities to reinvigorate the debate surrounding climate change and its effects on developing coun- tries, particularly, those situated on the African continent. In response to the latter, the Environment Security Programme (ESP) of the Institute for Security Studies (ISS), Nairobi, and the Centre for Advanced Environmental Studies in Environmental Law and Policy (CASELAP) at the University of Nairobi, or- ganised a scientific conference which specifically sought to investigate the chal- lenges of climate change in Africa and to formulate possible legal responses to address some of these challenges. This scientific conference that was held from 23-25 March 2009 at the Silver Springs Hotel in Nairobi, Kenya, coincided with the Third Symposium of the Association of Environmental Law Lecturers from African Universities (ASSELAU). This book contains a selection of papers pre- sented at the scientific conference. The book is divided into five parts. Part 1 contains papers that seek to present a general overview of climate change issues in some African countries. In Chapter 1, Mwebaza investigates the impact of climate change on East Africa. The author notes that East Africa is set to be one of the areas to be worst hit by climate Change in Africa. The worst impacts of climate change in this area are projected to be at principally two levels; the human impact and the environmental or biodiversity impact. The major human impacts of climate change have been observed in the areas of human health, food security and access to water for domestic and industrial use. Environmental and biodiversity impacts, on the other hand, have mainly been felt through a rise in sea level viii INSTITUTE FOR SECURITY STUDIES EFTA01090089  ROSE MWERAZA AND LOUIS J KOTZE along the East African Coast, and loss of biodiversity resulting form extreme weather patterns and changes. The author proposes that, given the observed and projected impacts of climate change in East Africa, governments in the region need to make more concerted efforts to deal with the impacts of climate change. These efforts should include development of appropriate legal and policy regimes at national and regional level and the mainstreaming of climate change issues in all sectors, especially those projected to suffer the greatest impacts of climate change. In Chapter 2, Busingye provides an enlightening perspective on the rela- tionship between gender roles, land degradation and climate change in Uganda. The author contends that this relationship is one of cause-and-effect and that a proper understanding of this relationship would enable the creation of mecha- nisms to address challenges posed by climate change. Busingye suggests this re- lational model shows that gender roles, which are a function of social-cultural, economic and political underpinnings of society, are at the confluence between two other concepts, namely, land degradation and climate change. The author points out in this respect that land degradation is aggravated by unsustainable human activities including over-cultivation, overgrazing and failure to agree on which activity is suitable for which environment by the two genders in a household, namely women and men. Women in particular are disempowered by society's social-cultural constructs and as such cannot meaningfully con- tribute to decisions relating to the sustainable utilisation of family land. Against this broader context, the author suggests that a proper understanding of the linkage between gender roles, land degradation and climate change is useful in addressing social-cultural issues since these are all factors, which may influence the challenges posed by climate change. Part 2 of the monograph focuses on approaches to mitigate the harmful effects of climate change in certain African countries. In Chapter 3, Mwiturubani reflects on the role of informal institutions in enhancing coping mechanisms to deal with the impacts of climate change in the Lake Victoria Basin (LVB). The author states that an IPCC analysis of the impacts of climate change suggests that in sub-Saharan Africa, where the majority of the popula- tion depends on rain-fed agriculture, economic activities are likely to be more vulnerable to climate change. This is so because the coping mechanisms of the indigenous communities in the rural areas are limited due to a lack of appropri- ate technology. A survey ofhouseholds and interviews involving key informants MONOGRAPH 167 Ix EFTA01090090 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA in the LVB, however, illustrates that local people in the LVB, through their informal institutions, have been developing different (informal) strategies to deal with the impacts of climate change. Mwiturubani suggests that these strat- egies are in most instances adaptable to changing ecological conditions and are effective and useful in responding to natural resource constraints caused by climate change. Some of the strategies include: creating and implementing specific rules on access to and utilisation of some specific natural resources such as those in the water catchment areas; creating and implementing rules on the type of crops to be grown; creating and implementing restrictions on the type of harvests to be sold; and disseminating knowledge of weather forecasts informed by indigenous-based tools and indicators to understand the onset and end of rainfall. The author concludes by proposing several recommendations to the governments in the region to formulate policies and enact laws with a view to supporting informal institutions and indigenous-based technologies for sustainable development. Part 3 of the monograph is dedicated to papers focusing on climate change adaptation. In Chapter 4, Habtezion provides a general overview of adaptation policies in Africa, and specifically Eritrea, and also reflects on the challenges and opportunities in the application of tools and methods related to climate change. The author argues that scientific advances in seasonal and multi-decadal pre- dictions in climate variability and change have laid bare the enormity of chal- lenges in adaptation, and have also highlighted some impediments in pushing the United Nations Framework Convention on Climate Change (UNFCCC) process forward. The author points out that currently, a range of tools and methods exist, or are being developed, to facilitate access, understanding and application of climate data, which could be employed by least developed coun- tries (LDCs) in the design of appropriate adaptation policies, strategic pathways and enabling legislation. These tools and methods are essential for making science-based policy decisions on adaptation. The author, however, finds that the complexity and cost associated with such data, tools and methods do not always coincide with the state of human resources and technological capacity of African LDCs and, as such, their effect on the design of adaptation processes is bound to be limited. Habtezion contends that increased efforts need to be made through the UNFCCC process, as well as through possible regional initiatives, to enhance the capacity of African LDCs in the application of available tools and methods related to climate change, also with a view to ensuring that these X INSTITUTE FOR SECURITY STUDIES EFTA01090091  ROSE NEWEBAZA AND LOUIS J KOTZE tools and methods are considered to be an integral part of ongoing discourse on climate change financing, and the transfer and deployment of technology. The author concludes that parallel to such efforts, regulatory measures are needed to ensure harmonisation of environmental/natural resource-related laws and poli- cies and coordination among relevant institutions, with the view to facilitating adaptation mainstreaming into development planning. In Chapter 5, Ladan investigates the myriad legislative and regulatory challenges faced in promot- ing efficient and renewable energy with respect to climate change mitigation in Nigeria. The author contends that while much has been written about the science, technology and policies for promoting energy efficiency and renewable energy, little has been written on the legislative and regulatory options that are necessary to implement these technologies and policies. He proposes that by promoting clean and efficient energy use at the legislative and regulatory levels, governments will be able to ensure that all stakeholders have the opportunity and incentives to adopt new practices that will help to mitigate climate change and reduce pollution while keeping on the path of economic and social devel- opment. Ladan supports his arguments by: emphasising the importance of ef- ficient and renewable energy to produce electricity for the mitigation of climate change; providing an overview of the policy, legislative and regulatory measures available to promote energy efficiency and renewable energy; and highlighting the challenges and strategies to overcome the barriers to the effective use and regulation of renewable energy in Nigeria. In Chapter 6, Laltaika specifically focuses on the use of biofuels in the Tanzanian context and, for this purpose, discusses various legal challenges and recommendations for change in this respect. By surveying evidence of climate change, rising prices of fossil fuels and the ever-increasing demand for energy, the author underscores the importance of investing in alternative fuels in Tanzania and also discusses the effects of agrofuels on biodiversity conservation, food security and land tenure. Laltaika argues that precautionary measures should be adopted and implemented to ensure that this propelling industry does not cause more harm than good to the environment. Part 4 of the monograph focuses on the Clean Development Mechanism (CDM) in the African context. It contains three chapters dealing specifically with this issue. Chapter 7 provides an African perspective on reforming the CDM. Lau, Rumble and Niland eloquently argue that the idea behind the CDM is that developing nations will benefit from sustainable development in the MONOGRAPH 167 xi EFTA01090092 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA form of 'climate-friendly' projects that reduce emissions of greenhouse gases (GHGs) while developed nations receive Certified Emissions Reduction (CERs) credits that may be used for compliance purposes. However, since its inception, a number of problems have arisen with this mechanism. The authors proceed to analyse the problems inherent in the formulation and implementation of the current CDM from an African perspective, and in doing so, consider an array of possible solutions to these shortcomings with a view to informing the possible reform of the CDM in the Copenhagen Protocol, which will replace the Kyoto Protocol at the end of the first commitment period in 2012. The authors also include in their discussion an analysis of options for scaling up the CDM to promote more active participation of African nations in the post- 2012 climate regime. In Chapter 8, Tamasang investigates the CDM and its potential for climate change mitigation in Africa by specifically focusing on forestry projects in Cameroon. For this purpose, the author turns his atten- tion to the issue of conditionality by drawing from the provisions of the Kyoto Protocol and certain decisions of the Conference of the Parties to the Protocol. The issue of conditionality is also examined within the context of African forest projects in general and Cameroon forest projects in particular. The author concludes that there are a number of legal concerns under the Kyoto Protocol which require review if the objectives of the CDM are to be achieved. He further proposes that a more viable option for an effective climate change governance mechanism would consist of efforts to complement project devel- opment with litigation. In Chapter 9, Kasimbazi provides a critical review of regulatory mechanisms for implementing renewable energy CDM projects in Uganda. In doing so, the author assesses the various challenges and opportuni- ties associated with the current Ugandan regulatory framework and he argues that the success of CDM projects in the renewable energy sub-sector largely depends on the existence of an adequate regulatory framework. An examina- tion of Uganda's policy and legal framework reveals that, generally considered, it is adequate to implement renewable energy CDM projects. The author, however, finds that there are other non-legal limitations that curb the effective operation of the regulatory framework and that, if these limitations are not ad- dressed, the regulatory framework and several CDM projects are likely to fail. Kasimbazi concludes by providing several recommendations directed to the appropriate authorities, which may assist in overcoming current deficiencies in this respect. xii INSTITUTE FOR SECURITY STUDIES EFTA01090093  ROSE MWERAZA AND LOUIS J KOTZE Parts of the monograph is devoted to the issue of human rights approaches to climate change mitigation and adaptation. In Chapter 10, Mwebaza points out that while there is a vibrant global discourse on climate change and the serious threats it poses to both the environment and humanity, there is little in this discourse focusing on how climate change will adversely affect fundamen- tal human rights of present and future generations. She finds that there is even less discourse on how the fundamental rights of the most vulnerable people of Africa will be affected by climate change, and that little or no attention is af- forded to the need to integrate human rights into the climate change mitigation and adaptation policies and strategies being implemented in various African countries. Mwebaza concludes that, for African countries to effectively respond to the challenges of climate change and its impact on the fundamental rights of people, these countries must integrate basic human rights standards and norms as contained in the international human rights framework into their mitigation and adaptation policies and strategies. She further contends that until and unless fundamental human rights are integrated into Africa's efforts to mitigate and/ or adapt to climate change, any efforts undertaken to respond to the impacts of climate change will only result in minor successes. Twinomugisha discusses the implications of climate change for the right to health in Uganda in Chapter II. The author points out that climate change may adversely affect access to ad- equate housing, clean and safe water, sanitation, and adequate nutrition, all of which have implications for the right to health. Yet, as Twinomugisha indicates, Uganda is obliged by its constitution and various human rights instruments to progressively realise the right to health of its people. Pursuant to its constitu- tional and international obligations, Uganda has, in partnership with the inter- national community, undertaken measures to enhance public health. However, the gains made in the area of public health may be undermined by the negative impacts of climate change. The author succinctly argues in this respect that the fulfillment of human rights, such as the right to health, can significantly con- tribute to efforts aimed at addressing the consequences of climate change. He concludes that for Uganda to fulfill its obligation to realise the right to health, it must devise and implement legislative and policy strategies to prevent the deleterious consequences of climate change on human health. This book does not attempt to provide profound solutions to all the chal- lenges posed by climate change in Africa. Rather, it aims to contribute to the ongoing discussion by investigating certain aspects of climate change and the MONOGRAPH 167 Lai EFTA01090094 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA manner in which these manifest themselves in a selection of African countries. It also acknowledges the dearth of literature dealing specifically with climate change and its effects on the African continent. It is therefore hoped that the collection of insights presented in this book would contribute to and further encourage debate surrounding what is perhaps currently one of the most press- ing issues in modern day society. Rose Mwebaza and Louis J Kotth The Editors-in-Chief xiv INSTITUTE FOR SECURITY STUDIES EFTA01090095 About the Editors EDITORS-IN-CHIEF ■ Dr Louis J Kotze is professor of law at the Faculty of Law, North West University, South Africa, where he teaches environmental law at pre- and post-graduate level. He is the co-coordinator of the LLM Programme in Environmental Law and Governance at the Faculty of Law. His research focuses, among others, on environmental governance and European, inter- national and domestic environmental law. He has published extensively on these themes, and has co-authored and co-edited various national and inter- national environmental law textbooks, the most recent publications being: L J Kotze and A R Paterson AR The Role of the Judiciary in Environmental Governance: Comparative Perspectives (Kluwer Law International, 2009), and A R Paterson and L J Kota' (eds) Environmental Compliance and Enforcement in South Africa: Legal Perspectives (Juta, 2009). He serves on the executive editorial boards of various international and national environ- mental law journals. He is a member of, among others, the South African Environmental Law Association, the IUCN Academy of Environmental Law, the IUCN Commission on Environmental Law, the Global Ecological Integrity Group, the International Network for Environmental Compliance and Enforcement, and the IUCN Commission on Environmental Law Specialist Group on Environmental Governance. He is also a member of the Association of Environmental Law Lecturers from African Universities (ASSELLAU), and co-chair of the Association's Editorial Board. ■ Dr Rose Mwebaza is a Senior Legal Advisor on Environmental Security at the Institute for Security Studies in Nairobi, Kenya. She is a former Carl Duisberg Research Fellow at the IUCN Centre for Environmental Law in MONOGRAPH 167 XV EFTA01090096 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA Bonn Germany and a former Lecturer and Deputy Dean at the Faculty of Law Makerere University, Kampala, Uganda. Her research interests include environmental governance, environmental security, natural resources man- agement, trade and environment; climate change, gender and rights based approaches to environmental governance. She is a member of the IUCN Academy of Environmental Lawyers. CO-EDITORS ■ Dr Kwadwo Appiagyei•Atua is Senior Lecturer at the Faculty of Law, University of Ghana, Legon, Accra. He teaches Public International Law, International Environmental Law and International Human Rights Law. His areas of interest and specialisation are in the relationship between human rights, environmental law and development as well as post•conflict and tran- sitional justice issues. Dr Appiagyei•Atua has done consultancy work in the above areas with organisations such as International Centre for Transitional Justice (ICTJ), New York, NY, USA and the Africa Governance Monitoring and Advocacy Project, London, UK as Lead Researcher the publication on AfriMAP - Justice Sector and the Rule of Law). Kwadwo is a member of the Ghana Bar Association; the Association of Environmental Law Lecturers from African Universities (ASSELLAU) and member of the Association's Editorial Board; as well as being an Associate Editor of the University of Ghana Law Journal.. ■ Dr Twinomugisha Ben Kiromba is an Associate Professor and the Dean of Law at Makerere University, Kampala, Uganda. He has taught, researched and published in the areas of environmental law, gender, health and human rights. He is also an advocate of Courts of Judicature in Uganda, practicing with Twinomugisha Shokoro and Company Advocates. ■ Ms Odile Lim Tung teaches environmental law at the University of Mauritius and is the current leader for the theme 'Comparison of laws and policies on energy: Reunion Island and Mauritius' for the 'Maurice Ile Durable' project. Her research interests are in environmental law and medical law. She is a member of the University of Mauritius 'Multidisciplinary Centre of Excellence: Environment, Water and Energy' as well as a member of the XVi INSTITUTE FOR SECURITY STUDIES EFTA01090097  ROSE ?AWE BAZA AND LOUIS J KOTZE National Invasive Alien Species Committee which was set up to draw a national action plan against invasive alien species in Mauritius. Over the past three years, she has also been a member of the Mauritian Law Reform Commission. She is one of the co•editors of the Association's Editorial Board and a member of the Association of Environmental Law Lecturers from African Universities (ASSELLAU). MONOGRAPH 167 xvii EFTA01090098 About the Authors ■ Zerisenay Habtezion LLB, (University of Asmara) LLM (UCLA). 'The author is presently a visiting research fellow at the W E B Du Bois Institute for African and African American Research, Harvard University. He is a member of the IUCN Commission of Environmental Law and, presently a member ofthe executive council of the Association of African Environmental Law Lecturers from African Universities (ASSELLAU). ■ Dr Donald Anthony Mwiturubani is a senior researcher in the Environmental Security Programme at the Nairobi office. He holds a BA degree in land use planning and environmental studies, an MA in geography and environmental studies, MRes (Master of Research) and PhD (Water Resources Management). Dr Mwiturubani has over ten years research experience in water resources management with gender perspec- tives; corruption and governance; youth and HIV/AIDS; traditional (in- digenous) knowledge systems; tourism management; and environmental crimes management. He has over eight years teaching experience at the University level where taught courses on hydrometeorology, water re- sources management, tourism management and research methods at the Univeristy of Dar es Salaam. ■ Dr Emmanuel Kasimbazi is the Head of Department; Public and Comparative Law at the Faculty of Law, Makerere University, Kampala, Uganda. He has a PhD Degree in International Water Law from the University of KwaZulu•Natal, Durban, South Africa. He is a member of the IUCN Commission on Environmental law. He has consulted for many international and national agencies including the World Bank, African Development Bank, United Nations Environmental Programme (UNEP), xviii INSTITUTE FOR SECURITY STUDIES EFTA01090099  ROSE ?AWE BAZA AND LOUIS J KOTZE United Nations Office for Project Services (UNOPS), Nile Basin Initiative, European Union, United Nations Development Programme (UNDP), Food and Agricultural Organisation (FAO), Germany Technical Cooperation (GTZ), United States Agency for International Development (USAID) Norwegian Agency for Development Cooperation (NORAD) and Danish International Development Agency (DANIDA). ■ Dr Muhammed Tawfiq Ladan LLB (1986), LLM (1990) and PhD (1997)) is a Professor of Law with specialisation in comparative jurisprudence, human rights, and environmental laws at the Department of Public Law of the Faculty of Law, A hmadu Bello University, Zaria, Kaduna State, Nigeria. Professor Ladan is a member of the World Jurist Association, Washington DC, USA; IUCN Academy of Environmental Law; Association of African Environmental Law Scholars; a Hubert Humphrey Fellow, USA; member, Nigerian Society of International Law, and Member IUCN Commission on Environmental Law. ■ Dr Christopher Funiwe Tamasag holds a PhD in Environmental Law from the University of Yaounde II•Cameroon where is also a senior lecturer in law in the Faculty of Laws and Political Science. He is member of the Association of Environmental Law Lecturers from African Universities, the IUCN Academy of Environmental Law, and Network for Environment Education and Sustainability in West and Central Africa. His present research interests include climate change law, sustainable development law, indigenous and customary law, water law, mining law and intellectual property law relating to the environment. ■ Major Godard Busingye is a Senior Legal Advisor in the Ministry of Defense in Uganda and a Lecturer at the Uganda Christian UniversitrMukono specialising in Environmental Law and Policy. Godard is also an Associate Consultant at the Uganda Management Institute (UMI) and External Examiner for the Law Development Centre, Kampala, Uganda. He is an Advocate of the Courts of Judicature in Uganda and Member of the Uganda Law Society and the East African Law Society. He has long standing exile- rience as Legal Consultant in the fields of Environmental Law, Legislative Drafting, Review of Legislation and provision of advice to the government MONOGRAPH 167 xix EFTA01090100 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA and other institutions in the field of Environmental and Natural Resources Law, Human Rights, Taxation and Intellectual Property law. ■ Eliamani Laltaika is a Doctoral Candidate at the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich Germany. He is also a lecturer in Intellectual Property and Environmental Law at the Faculty of Law, Tumaini University-Iringa University College, Tanzania. He holds an LLM Intellectual Property Law from the Munich Intellectual Property Law Centre MIPLC, Munich•Germany; LLM Environmental Law from the University of KwaZulu-Natal, South Africa and Bachelor of Laws LLB-Hons from Tumaini University-Iringa University College-Tanzania. ■ Michaela Lau, Olivia Rumble and Phillipa Niland are LLM (Environmental Law) students at the University of Cape Town. XX INSTITUTE FOR SECURITY STUDIES EFTA01090101  PART I Climate Change in Africa General Perspectives EFTA01090102 EFTA01090103 1 The impact of climate change in eastern Africa ROSE MWEBAZA ABSTRACT East Africa is projected to suffer some of the worst impacts of climate change in Africa. These impacts are projected to be in primarily two areas: the human impacts and the environmental or biodiversity impacts. The major human impacts of climate change have been observed in the areas of human health, food security and access to water for domestic and industrial use. Environmental and biodiversity impacts, on the other hand, have mainly been felt through the sea level rise along the East African Coast, and loss of biodiversity resulting from extreme weather patterns and changes. However, in spite of the projected impacts of climate change in the region, there is nothing or little that has been done by the countries to prepare to respond adequately to the impacts of climate change. This chapter will examine in detail the projected impacts of climate change in East Africa. In particu- lar, the chapter will examine the impact of climate change on human health, food security and access to water. The chapter will also recommend the need for policy action at both local and national level as means of responding to the impacts of climate change. MONOGRAPH 167 3 EFTA01090104 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA INTRODUCTION Climate change has been described as the leading challenge of our time. The UN Secretary-General Mr Ban Ki-moon describes it as 'the most global of problems' facing our times. While speaking at the meeting of the industrial- ised nations of the Group of Eight (G8) gathered at Heiligendamm, Germany, Mr Ban Ki-moon stated that forces must be mustered to fight global warming under a multilateral process within the UN framework. He said that climate change and how we address it will define us, our era and ultimately the global legacy we leave for future generations.' He noted that while wealthy nations possess the resources and know-how to adapt to the effects of climate change, African countries face a bigger chal- lenge in dealing with the effects of climate change. He noted further that an African farmer losing crops or herds to drought and dust storms is infinitely more vulnerable. Large-scale adaptation and its funding to the order of billions of dollars a year to manage climate-change impacts, particularly in the develop- ing world, will be needed. He spoke of a Namibian representative who, at the UN Security Council Meeting in April 2007, stated that climate change is not an academic exercise but a matter of life and death, especially as the Kalahari Desert is expanding, destroying farm land and rendering whole regions in his country uninhabitable.' A French representative at the same meeting described climate change as the number one threat to mankind! Mr Ban Ki-moon is not alone in his call for global action on climate change. Honourable Helen Clark, former prime minister ofNew Zealand, notes that the issues raised by climate change have given a tangible core and renewed sense of urgency to the goal of sustainable development' But climate change is not just about the environment. As Sir Emry Jones Parry notes, climate change is transforming the way we think about security. While this will not be the first time people will have fought over land, water and other resources, the scale of the conflicts resulting from climate change means that they are likely to dwarf the conflicts of the past.' A report published on the 16 April 2007 by the Military Advisory Board of the United States notes that projected climate change poses a serious threat to America's national security because it will be a multiplier of instability in some of the most volatile regions in the world. However, it is not just America that will suffer these projected changes. Africa is projected to suffer the brunt of climate change because of 4 INSTITUTE FOR SECURITY STUDIES EFTA01090105  ROSE MW BAZA AND LOUIS J KOTZE its limited capacity to adapt. From flooding to disease and famine, migration in areas of high tension to drought and crop failure, from increased competi- tion for food, water and energy in a continent in which resources are already stretched to the limit to economic disruption on an unprecedented scale, Africa is likely to suffer the full force of the projected impacts of climate change and the domino effect of this is bound to be felt by the rest of the world. In recognition of the growing importance of the discourse on climate change, the UN Security Council, in an unprecedented move, recognised climate change as a core security issue on the 17 April 2007. Nevertheless, as Sir Emry Jones Parry notes, climate change and security should not be looked at within the traditional narrow confines of national security. Climate change and human security is about collective security in a fragile and increasingly inter- dependent world and, tragically, it will be the most vulnerable and least able to cope, most of whom are on the African continent, who will be hit first" At the world gathering on climate change in Bali, there was unanimous consensus among the conference of parties delegates that there was need to ur- gently enhance implementation of the UN Framework Convention on Climate Change in order to achieve its ultimate objective in full accordance with its principles and commitments? It is in the context of the recognised importance of climate change at a global level that this paper seeks to present the impact of climate change in East Africa. In order to understand the context within which climate change is hap- pening in East Africa, the paper will commence with an expository background of East Africa. It will review the major geophysical features, its biodiversity and the population that will be affected by the impacts of climate change. It will then proceed to examine the emerging evidence on climate change before pro- ceeding to present the impact of climate change in East Africa. The paper will end with a conclusion based on the emerging evidence on climate change and its impact in East Africa. BACKGROUND ON EAST AFRICA East Africa is traditionally comprised of three countries: Uganda, Kenya and Tanzania. However, the political definition of East Africa now includes Rwanda and Burundi. Geographically, the East African region is described to include the coastal countries of Mozambique, Somalia, the island of Madagascar, the KIOSK/GRAPH 167 5 EFTA01090106 ENVIRONMENTAL GOVERNANCE AND CLIMATE CHANGE IN AFRICA three archipelagoes of Comoros, Mauritius and Seychelles, and the French Territories of La Reunion.' In order to give scope to the presentation, the paper will focus on the impact of climate change on the four East African countries of Uganda, Kenya, Tanzania and Rwanda. The four countries have a combined population of over 107 million people. The population has doubled in the last 25 years and is expected to grow by 63 per cent in the next 25 years to reach 175 million. The population is predomi- nantly young, with over 40 per cent under the age of 15.9 The four countries cover a total land area of 167.45 million hectares, which is 7 per cent of sub-Saharan Africa's land area. Rwanda has the highest share of its land under permanent cultivation, which increased from 48 per cent to 56 per cent between 1992 and 2002. Tanzania has the lowest share of land under cultivation, accounting for just 5 to 6 per cent of its total land area. Uganda's total land under cultivation amounts to 35 to 37 per cent, while Kenya's land area under permanent cultivation is a mere 8 to 9 per cent.'° The amount of land allocated to pasture is highest in Tanzania at 40 per cent, followed by Kenya at 37 per cent and Uganda at 26 per cent. Rwanda has seen its share of land allocated to pastoralism reduced from 26 to 19 per cent between 1992 and 2002." The amount of forested land has declined in the four countries in the last ten years, with Rwanda witnessing a decline from 17 to 12 per cent. Tanzania's decline was from 42 to 41 per cent; Kenya's forest cover has shrunk by 2 per cent, while Uganda's forests have shrunk by 4 per cent. In total, the region lost 2 923 000 hectares of forested land in a period of ten years (1990-2000). This is an area greater than Rwanda's total land area of 2 467 000 hectares!' The region has 192 cubic kilometers of renewable water resources each year. Tanzania enjoys 47 per cent of this resource, Uganda 34 per cent, Kenya 12 per cent and Rwanda 3 per cent. Tanzania accounts for the highest water withdrawal at 49 per cent, followed by Kenya at 40 per cent, with Uganda and Rwanda withdrawing 8 per cent and 3 per cent respectively.