Domestication And Application Of Biodiversity Related Multilateral Environmental Agreements

240 Pages·2016·4.51 MB·English

DOMESTICATION AND APPLICATION OF BIODIVERSITY RELATED MULTILATERAL
ENVIRONMENTAL AGREEMENTS (MEAs) IN KENYA

BY
PARITA SURESHCHANDRA SHAH
C80/94708/2014

A THESIS SUBMITTED IN FULFILMENT OF THE REQUIREMENTS OF DOCTOR OF PHILOSOPHY
DEGREE IN BIOGEOGRAPHY, DEPARTMENT OF GEOGRAPHY AND ENVIRONMENTAL STUDIES,
UNIVERSITY OF NAIROBI

2016
DECLARATION
This thesis is my original work and has never been presented for examination or degree award in any other
University.

STUDENT:

Parita Shah
C80/94708/2014

This thesis has been presented for examination for the Doctor of Philosophy Degree in Geography
(Biogeography) with our approval as University supervisors.

SUPERVISORS:

Dr. F. Mwaura Dr. T. Thenya
Senior Lecturer Lecturer
Department of Geography & Department of Geography &
Environmental Studies, Environmental Studies,
University of Nairobi University of Nairobi

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DEDICATION
To my late father, Suresh Karamshi Shah who was always supportive of me to rise to greater heights in all
endeavours and to our late family friend, Peter Njenga, who always supported the family morally and
spiritually.

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ACRONYMS
ACC African Conservation Centre
AMCEN African Ministerial Conference on the Environment
ASALs Arid and Semi Arid Lands
ASFMP Arabuko Sokoke Strategic Forest Management Plan
asl Above sea level
ASN Aviation Safety Network
ASSETS Arabuko Sokoke Schools and Ecotourism Scheme
AWF African Wildlife Foundation
BCC Baringo County Council
BPSP Biodiversity Planning Support Programme
BSP Biodiversity Support Program
CAMPFIRE Communal Area Management Programme for Indigenous Resources
CBD Convention on Biological Diversity
CBOs Community-based Organisations
CCN City County of Nairobi
CFCU Coastal Forest Conservation Unit
CID Criminal Investigation Department
CISDL Centre for International Sustainable Development Law
CITES Convention on International Trade in Endangered Species of Wild Flora and Fauna
CMS Convention on the Conservation of Migratory Species of Wild Animals
CONAGEBIO National Biodiversity Administration Committee
CoP Conference of Parties
CRA Commission on Revenue Collection
DEAT Department of Environmental Affairs and Tourism
DFID Department for International Development
DRC Democratic Republic of Congo
DRSRS Department of Remote Sensing and Resource Surveys
DWAF Department of Water Affairs and Forestry
EAC East African Community
EIA Environmental Impact Assessment
EMCA Environmental Coordination and Management Act
EU European Union
FAO Food and Agriculture Organisation
GBF Global Biodiversity Forum
GCFA Gede Community Forest Association
GEF Global Environment Facility
GoK Government of Kenya
GoR Government of Rwanda
IBA Important Bird Area
ICT Information and Communication Technology
ICZM Integrated Coastal Zone Management
IEA Institute of Economic Affairs
IFAW International Fund for Animal Welfare
IIED International Institute for Environment and Development
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INECE International Network for Environmental Compliance and Enforcement
INTERPOL International Police
IPP Individual Policy Prescriptions
IUCN International Union for Conservation of Nature
JICA Japan International Cooperation Agency
JKIA Jomo Kenyatta International Airport
KAA Kenya Airports Authority
KCC Koibatek County Council
KEFRI Kenya Forest Research Institute
KEPHIS Kenya Plant and Health Inspection Service
KFDA Kenya Fisheries Development Authority
KFS Kenya Forest Service
km Kilometres
KMFRI Kenya Marine and Fisheries Research Institute
KNBS Kenya National Bureau of Statistics
KNEC Kenya National Examinations Council
KPA Kenya Ports Authority
KRA Kenya Revenue Authority
KShs Kenya Shillings
KWCA Kenya Wildlife Conservancies Association
KWS Kenya Wildlife Service
KWSTI Kenya Wildlife Service Training Institute
MA Millennium Ecosystem Assessment
MAB Man and Biosphere
MCS Monitoring Control and Surveillance
MEAs Multilateral Environmental Agreements
MEMR Ministry of Environment and Mineral Resources
MEWNR Ministry of Environment, Water and Natural Resources
MIFOR Ministry of Forestry
MINEPDED Ministry of Environment, Protection of Nature and Sustainable Development
MINITERE Ministry of Lands, Environment, Forestry and Mines
MMNR Maasai Mara National Reserve
MoU Memorandum of Understanding
MPAs Marine Protected Areas
NBSAP National Biodiversity Strategy Action Plan
NCAPD National Coordination Agency for Population and Development
NCC Narok County Council
NEAP National Environmental Action Plan
NEMA National Environment Management Authority
NEMBA National Environmental Management Biodiversity Act
NES National Environment Secretariat
NFA/NAFA National Forest Authority
NGOs Non Governmental Organisations
NMK National Museums of Kenya
OECD Organization for Economic Co-operation and Development
OISI Obligation Integration Susceptibility Index
OPPII Obligation Policy Prescription Integration Index
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PAs Protected Areas
PPISI Policy Prescription Integration Susceptibility Index
Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat
REMA Rwanda Environment Management Authority
RoC Republic of Cameroon
RoG Republic of Ghana
RoM Republic of Mozambique
RoSA Republic of South Africa
RoU Republic of Uganda
SADC Southern African Development Community
SANBI South African National Biodiversity Institute
SANPB South Africa National Parks Board
SoK Survey of Kenya
SPSS Statistical Package for the Social Sciences
TANAPA Tanzania National Parks Authority
TBNRM Transboundary Natural Resource Management
TMCC Trans Mara County Council
UN United Nations
UNCED United Nations Conference on Environment and Development
UNCHE United Nations Conference on Human Environment
UNDP United Nations Development Programme
UNEP United Nations Environment Programme
UNESCO United Nations Educational, Scientific and Cultural Organisation
URT United Republic of Tanzania
US$ American Dollar
USAID United States Agency for International Development
UWA Uganda Wildlife Authority
WCK Wildlife Clubs of Kenya
WCMC World Conservation and Monitoring Commission
WEHAB Water, Environment, Health, Agriculture and Biodiversity
WFC World Future Council
WHC World Heritage Convention
WMA Wildlife Management Areas
WMD Wetlands Management Department
WPC World Parks Congress
WRI World Resource Institute
WSSD World Summit on Sustainable Development
WWF World Wide Fund for Nature
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ABSTRACT
World biodiversity is decreasing at an unprecedented rate. This challenge has raised the need for global
policy intervention in the form of biodiversity related Multilateral Environmental Agreements (MEAs).
Biodiversity MEAs have enabled developing countries to improve environmental governance through the
implementation of national policies. The problem being investigated was that in spite of Kenya being a
signatory to all biodiversity MEAs and having many biodiversity related policies and legislations; its
biodiversity is declining. The aim of the study was 1) to evaluate the domestication and integration in the
national policies of the following five biodiversity MEAs in Kenya (a) Convention on Biological Diversity
(CBD), (b) Convention on International Trade in Endangered Species of Plants and Animals (CITES), (c)
Convention on Conservation of Migratory Species of Wild Animals (CMS), (d) Convention on Wetlands of
International Importance especially as Waterfowl Habitat (Ramsar Convention) and, (e) World Heritage
Convention (WHC); 2) assess capacity of MEA focal institutions; 3) establish the achievements and
challenges in selected MEA study sites including MEA designated and tentatively listed sites and the
country’s points of entry and exit; and 4) assess the level of MEA awareness amongst the local
communities. The general hypothesis used to guide the study objectives was that MEAs were poorly
reflected in national biodiversity policies and poorly implemented at institutional levels, hence the continued
loss of biodiversity in Kenya.

To realize the study objectives, literature review was done on the biodiversity MEA implementation and a
conceptual framework was developed. Field data collection was done using random sampling for
household respondents in the MEA study sites and purposive sampling for institutional focal respondents
and other government officials. A total of 20 institutional and 2,109 household respondents were sampled
from the study sites. The data was subjected to descriptive statistics so as get measures of distribution
tendencies, dispersions, differences and associations and inferential statistics, namely Kruskal-Wallis H-
test to test the hypothesis that MEAs are poorly reflected in national biodiversity policies at institutional
levels; Chi-square to test the hypothesis that there is no difference between the local people’s MEA
awareness with the distance from the conservation and operational areas and Paired t-test to test the
hypothesis that there is no difference in the typology of threats affecting the domestication and application
of various biodiversity MEAs in Kenya.

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Comprehensive policy analysis of domestication and application of global biodiversity MEAs at national
level indicated that the CITES ranked the top with 24.8% integration of global obligations, followed by the
CBD (20.9%), CMS and WHC (19.1% each) while the Ramsar Convention had the lowest integration status
(18.8%). The study established that domestication and implementation of biodiversity MEAs in Kenya is
weak because not all MEA obligations are addressed in the biodiversity policies. Furthermore the study
also found that many biodiversity related policies which are supposed to serve as vehicles for the MEA
domestication and implementation are in the draft form and are yet to be ratified by the national
government.

The study findings further indicated that the Ramsar Convention had the best capacity at 83.3% in terms of
highly educated and long serving staff, funding, vehicles and ICT followed by the CBD (66.7%) and the
CITES, CMS and the WHC having 50% of the needed capacity each. In terms of public awareness,
education was found to play the most important role in creating public awareness of MEAs, with the
Ramsar Convention ranking the top at 97.1%, followed by the CITES at 90.6%, CBD at 87.6%, WHC at
54.2% and CMS ranking the lowest at 0.8%. Similarly the aspect of distance from the MEA sites was also
found to play an important role. The results indicated that as one moves further away from the MEA sites,
the less aware one becomes of the MEAs. In terms of gender, results indicated that males were better
aware of the MEA status than the females. The findings on the level of MEA awareness was better for
shorter duration of residence around the MEA sites as the message of MEAs had been spreading in the
last few years.

On the overall, institutional capacity was found to be generally poor in terms of personnel, vehicles and
funding. Furthermore the institutional capacity responsible for implementing the biodiversity policies was
weak in terms of public involvement in biodiversity conservation. Formal education was found to play a
significant role in the level of MEA awareness by the citizenry. Based on the findings of this study,
recommendations include amendments in the already gazetted policies, adopting draft policies, improving
institutional capacity, involving communities more at grassroot levels and having more environmental
education institutions to cater for environmental awareness around MEA sites.

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ACKNOWLEDGEMENTS
“O God of all Creation” – My deepest gratitude starts with The Almighty who gave me the strength to start
this research and finish it in good time. Without His blessings, this research would not have been
completed.

This research was made possible by the contribution of many individuals and institutions and it may not be
possible to mention each one by name. First and foremost, I would like to express my sincere gratitude to
my supervisors Dr. Francis Mwaura and Dr. Thuita Thenya for their advice, positive criticism and guidance
right from the proposal stage to the completion of the thesis.

Secondly, I acknowledge with appreciation the financial support I got from the Dean’s Committee of the
University of Nairobi and the Oshwal Education and Relief Board (OERB). The research would also not
have been possible without the support and sponsorship of the North-South Programme, through Dr.
Boniface Kiteme, which provided me with the training in research methodology. The Government of Kenya
through the National Commission for Science, Technology and Innovation (NACOSTI) granted a research
permit (Permit No. NCST/RR1/12//1/SS.011/517) for the research work. The Kenya Wildlife Service also
granted permission (Ref. No. KWS/BRM/5001) conduct research in the protected areas.

Special thanks go to all the key informants and respondents around Arabuko Sokoke Forest, Lake Nakuru
National Park, Lake Naivasha, Lake Bogoria National Reserve, Maasai Mara National Reserve, Mt. Kenya
National Park and Reserve, Port of Mombasa, Namanga and the Jomo Kenyatta International Airport. I also
thank all my research assistants especially the data processing support by Tiffany Mwake. My appreciation
also goes to the staff of the Department of Geography and Environmental Studies for their assistance and
inspiration. I would like to thank the Chairman of the Department, Dr. Samuel Owuor, for all the support
rendered to me during the course of my study. I would also like to thank Joseph Kirema posthumously, for
assisting me in cartographic work. Last but not least, I sincerely thank my beloved family, my mother –
Suryakala and brother – Nishil for tolerating my tantrums especially, during the last few months of the
study.

Finally all the errors found in this research are solely my responsibility.
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TABLE OF CONTENTS
DEDICATION ................................................................................................................................................ iii
ACRONYMS ..................................................................................................................................................iv
ABSTRACT .................................................................................................................................................. vii
ACKNOWLEDGEMENTS ..............................................................................................................................ix

CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY ............................................................................................................ 1
1.2 STATEMENT OF THE RESEARCH PROBLEM...................................................................................... 3
1.3 RESEARCH OBJECTIVES ..................................................................................................................... 5
1.4 RESEARCH HYPOTHESES ................................................................................................................... 6
1.5 SIGNIFICANCE AND JUSTIFICATION OF THE STUDY ........................................................................ 6
1.6 SCOPE AND LIMITATIONS .................................................................................................................... 8
1.7 DEFINITIONS OF OPERATIONAL TERMS ............................................................................................ 9

CHAPTER TWO
LITERATURE REVIEW
2.0 INTRODUCTION ................................................................................................................................... 10
2.1 BIODIVERSITY ..................................................................................................................................... 10
2.2 MULTILATERAL ENVIRONMENTAL AGREEMENTS .......................................................................... 11
2.3 BIODIVERSITY MULTILATERAL ENVIRONMENTAL AGREEMENTS ................................................ 11
2.3.1 Ecosystem-based Multilateral Environmental Agreements ......................................................... 12
2.3.2 Species-based Multilateral Environmental Agreements .............................................................. 14
2.4 SUSTAINABLE BIODIVERSITY MANAGEMENT ................................................................................. 14
2.5 GLOBAL OUTLOOK ON FORMULATION AND IMPLEMENTATION OF BIODIVERSITY RELATED
POLICIES, LEGAL FRAMEWORKS AND STRATEGIC PLANS ......................................................... 15
2.5.1 Worldwide scenario .................................................................................................................... 15
2.5.2 Scenario in the African continent ................................................................................................ 16
2.5.3 Scenario in the East African countries ........................................................................................ 19
2.5.4 Kenyan scenario ......................................................................................................................... 25
2.6 RESEARCH GAPS ................................................................................................................................ 31
2.7 THEORETICAL AND CONCEPTUAL FRAMEWORK ........................................................................... 32
2.7.1 Theoretical framework ................................................................................................................ 32
2.7.2 Operational framework ............................................................................................................... 32

CHAPTER THREE
STUDY AREAS
3.0 INTRODUCTION ................................................................................................................................... 34
3.1 STUDY SITES FOR THE CONVENTION ON BIOLOGICAL DIVERSITY ............................................. 35
3.1.1 Arabuko Sokoke Forest .............................................................................................................. 35
3.1.2 Lake Nakuru National Park ......................................................................................................... 37
3.2 STUDY SITES FOR THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
OF WILD FLORA AND FAUNA ........................................................................................................... 40
3.2.1 Namanga .................................................................................................................................... 40
3.2.2 Port of Kilindini ............................................................................................................................ 41
3.2.3 Jomo Kenyatta International Airport ............................................................................................ 43
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