By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Natural Resources Lawyer and Dispute Resolution Expert in Kenya)*
Energy is increasingly being recognized as an essential human need. The importance of energy cannot be overemphasized. It is vital for economic development and poverty eradication in any given country as the driving force of human development. There is a growing evidence linking access to energy with the attainment of socioeconomic rights such as the right to education, right to food and the right to health. Reliable supply of electricity and adequate lighting can aid learners in their academic activities; further electricity can be utilized for farming activities such as irrigation. Indeed, it has been asserted that energy is “not just another commodity, but the precondition of all commodities, a basic factor equal with air and water.
Access to clean energy has been equated to a ‘golden thread’ which has the ability to stimulate development by connecting the Sustainable Development Goals (SDGs) and unlocking sustainable economic growth. It has been pointed out that no country in the recent past has been able to substantially reduce poverty levels without an increase in energy services. The importance of energy has been given recognition at the global stage with Sustainable Development Goal number 7 being geared towards ensuring access to affordable, reliable, sustainable and modern energy. Energy is described as being central to every major opportunity and challenge that the world faces today as it connects with the other Sustainable Development Goals.
However, despite its importance, access to clean and affordable energy remains a challenge especially in Sub-Saharan Africa. Studies have shown that in these countries, nearly 83% of the population depends on traditional fuels while 74% lack access to electricity thus contributing to energy poverty. Energy poverty in such countries is caused by a number of factors including low levels of electrification due to economic constraints and insufficient institutions. In Kenya, despite attempts by the government to enhance electricity connectivity through measures such as subsidizing the costs, many households especially in rural areas cannot afford the initial connection charges thus have low access. Further, the high costs of modern sources of energy such as Liquefied Petroleum Gas (LPG) also contribute to energy poverty
This is despite the fact that massive investments have been channeled in the energy sector across the globe and particularly in Kenya. It is confounding that despite the efforts made in the energy sector, injustices are still prevalent in areas such as access to energy, energy costs and energy governance. The concept of energy justice is aimed at addressing such injustices. The inequalities witnessed in the energy sector has led to emergence of the concept of energy justice. Energy justice has been defined as a global energy system that fairly disseminates both the benefits and costs of energy services, and one that has representative and impartial energy decision-making.
Energy justice seeks to apply basic principles of justice and fairness to the inequalities witnessed in the availability, affordability, sustainability and due process in the energy sector. Energy justice seeks to influence decision making in the energy sector by incorporating justice and ethical considerations in such decisions; for example, disconnecting electricity for citizens who fail to pay their bills on time could affect their day to day lives yet failing to do so could overburden other paying citizens. In essence, energy justice addresses the justice and ethical dilemma of allocating the benefits of scarce energy resources among citizens and between the present and future generations.
As such, energy justice forms a crucial component of the sustainable development agenda and the principles of intra and inter- generational equity. These principles as enunciated in the Rio Declaration on Environment and Development are aimed at achieving development that equitably meets developmental and environmental needs of both the present and future generations. Through energy justice, affordability, sustainability and availability in the energy sector can be achieved thus promoting human and economic development.
There are three core tenets of energy justice; distributional justice, recognition justice and procedural justice. Distributional justice is aimed at establishing existing injustices in the energy sector and means of resolving them. It assesses issues such as uneven distribution, production and consumption of energy. The location of energy production facilities such as wind power stations, dams and gas power stations could create inequalities in access to energy thus raising justice concerns. Recognition justice is aimed at determining the section of the population ignored or misrepresented in energy access in order to cure such ills. Procedural justice is aimed at streamlining the decision making processes in the energy sector by engaging all stakeholder to ensure inclusivity non-discrimination. This is achieved through measures such as public participation and Environmental Impact Assessment (EIA) in relation to energy projects. It has the ability to foster acceptance and ownership of such projects whilst promoting environmental conservation and sustainable development.
The aim of energy justice is to apply these three tenets in the energy policy and systems so as to enhance availability, affordability, sustainability and due process in the energy sector. The concept of energy justice is paramount in defining its energy future. This is especially critical for countries grappling with the challenge of how to enable a ‘just transition’ to lower carbon economy that simultaneously delivers energy poverty reduction and climate change resilience. While the importance of energy as a human need necessary for fostering human development is not in doubt, the inequalities are still witnessed in the energy sector globally in aspects such as energy access, energy costs and energy decision making, hence the need for energy justice.
Energy Justice has emerged as a global concept aimed at dealing with such inequalities witnessed in the energy sector. It is aimed at promoting distributional, recognition and procedural justice in the energy sector by ensuring equality, fairness, transparency, accountability, participation and energy security. For countries in the developing world to attain its development agenda, energy justice is of utmost importance due to the clear link between energy and development. There is no question that energy justice as an ideal is attainable. However, there is need for concerted effort by all stakeholders to move forward together towards energy justice in the quest for sustainable development.
*This is article is an extract from an article by Dr. Kariuki Muigua, PhD, Muigua, K., Towards Energy Justice in Kenya, Available at: http://kmco.co.ke/wp-content/uploads/2020/02/Towards-Energy-Justice-in-Kenya-00000005.pdf. Dr. Kariuki Muigua is Kenya’s foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Africa Trustee of the Chartered Institute of Arbitrators and the Managing Partner of Kariuki Muigua & Co. Advocates. Dr. Muigua is recognized as one of the leading lawyers and dispute resolution experts by the Chambers Global Guide 2021 and nominated as ADR Practitioner of the Year (Nairobi Legal Awards) 2021.
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