By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), Winner of Kenya’s ADR Practitioner of the Year 2021, ADR Publication of the Year 2021 and CIArb (Kenya) Lifetime Achievement Award 2021*

The dependence of men and women on their natural environments means that when biological resources are depleted they can end up being vulnerable in different ways. However, women are often more vulnerable than men partly because women’s roles can often be “invisible” compared to that of men and so policies, programmes and related initiatives may not fully take into account the differences in how women and men use and contribute to biological resources. Thus makes it necessary for specific actions to be taken to create an enabling environment for biodiversity benefits and improved well-being to be enjoyed by all people, women and men, boys and girls.

In particular, there is need for mainstreaming of gender consideration into all national and local biodiversity policies, programmes, budgeting and monitoring mechanisms and awareness-raising and capacity building for conservation interventions to inform men and women, including indigenous, local and rural women of their roles, rights and benefits in relation to the intervention, In addition, it is necessary to develop and provide training and capacity building on gender issues and mainstreaming in the context of biodiversity conservation and sustainable use, to policy-makers and those involved in planning and undertaking biodiversity-related projects and programmes. Further, evidence-based policies should be facilitated by developing gender-sensitive monitoring and reporting frameworks and promoting gender analysis, including in the National Reports of Parties to the CBD. More financial resources should also be committed and expertise strengthened in advancing the collection and use of data disaggregated by sex, age, ethnicity, disability and other relevant factors, to inform the development and implementation of gender-responsive biodiversity policies and programmes.

There is also need to identify opportunities to access climate finance to address relevant gender objectives, and ensure new and innovative biodiversity-related financing mechanisms include avenues for access by marginalized and small-scale actors, particularly women and women’s organizations. It is also critical to identify synergies and reinforce efforts to implement the gender-specific targets and/or mandates of the sustainable development goals and the Rio Conventions, including through collaboration with organizations leading the work on these initiatives, and the identification of approaches to mainstream biodiversity and apply common indicators for monitoring and assessing progress and gaps. Some commentators have also suggested that in order to advance gender equality and women’s empowerment in the implementation of the post-2020 global biodiversity framework, there is need to ensure: equal opportunities for leadership, decision-making and effective engagement at all levels of decision-making in matters related to the three objectives of the Convention; equal access, ownership and control over biological resources; and equal access to benefits from biodiversity conservation and sustainable use, and from the utilization of genetic resources.

Gender roles affect economic, political, social and ecological opportunities and constraints faced by both men and women. Therefore, recognizing women’s roles as primary land and resource managers is central to the success of biodiversity policy. Because of the inherent connectedness between poverty, biodiversity use, and gender and the mutually self-reinforcing nature of these links, addressing rural poverty and environmental degradation requires a holistic, multidisciplinary approach and an understanding of gender in order to achieve successful sustained results. There is need for governments to establish policies to incorporate gender and other special perspectives into all policies, laws, procedures, programmes and practices relating to ecosystem services, and to identify gaps in the protection of persons and groups of concern, in line with Aichi Biodiversity Target 14 which requires States to ensure that ‘by 2020, ecosystems that provide essential services, including services related to water, and contribute to health, livelihoods and well-being, are restored and safeguarded, taking into account the needs of women, indigenous and local communities, and the poor and vulnerable.

The need for equal and active participation of women in sustainable use and conservation of biodiversity is pegged on the fact that they play critical roles as primary land managers and resource users, and they face disproportionate impacts both from biodiversity loss and gender-blind conservation measures. Governments should thus continually towards promoting equity and equality in biodiversity conservation efforts. Indeed, it has been observed that ensuring that women and men are equally engaged in biodiversity decision-making is not just a matter of equality, it is critical for ensuring biodiversity conservation and sustainable use efforts are successful over the long term. In any case, it is no longer a secret that the recognition, reinforcement, and improvement of both men and women’s position, knowledge, and capabilities with respect to the sustainable management of biological diversity are key factors in the success of the conservation and use of natural resources, as well as in the empowerment of women.

There is a need for efforts towards biodiversity conservation to ensure active and meaningful inclusion of all people, both men and women, as access to these resources affects men and women in different ways. As acknowledged in COP 26, held in Glasgow, Scotland in November 2021, while environmental degradation has serious consequences for all human beings, it affects, in particular, the most vulnerable sectors of society, mainly women, whose health is most fragile during pregnancy and motherhood. Thus, disregarding gender issues in conservation efforts may increase the loss of biodiversity, due to mismanagement and unsustainable use, [and] the loss of important traditional knowledge, skills and experiences. This is why participants at the UN climate change conference COP26 called for greater representation of women’s voices in climate change policies.

In particular, indigenous women, who are seen as conveyors of traditional knowledge to the new generations, have an extremely important role in combating climate change. It has also been observed that disregarding gender can aggravate poverty and inequality. Notably, the Sustainable Development Goals (SDGs), and the goals therein to end hunger and poverty, depend on biodiversity and natural capital. During COP 26, it was observed that persistent discriminatory social and cultural norms, such as unequal access to land, water, and other resources, as well as their lack of participation in decisions regarding planning and management of nature, often lead to ignorance of the tremendous contributions women can make. It is thus the high time that all stakeholders not only acknowledge but also do what is reasonably possible to ensure that the role of both men and women in biodiversity conservation takes a centre stage for the sake of achieving sustainable development agenda.

*This is article is an extract from an article by Dr. Kariuki Muigua, PhD, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Publisher of the Year 2021 and ADR Lifetime Achievement Award 2021 (CIArb Kenya): Muigua, K., Approaches to Biodiversity Conservation: Embracing Global Resource Conservation Best Practices, Available at: Muigua, K., Gender Perspectives in Biodiversity Conservation, Available at: http://journalofcmsd.net/wp-content/uploads/2021/12/Gender-Perspectives-in-Biodiversity-Conservation.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 2022. 

References

Bechtel JD, ‘Gender, Poverty and the Conservation of Biodiversity’ [2010] A review of issues and opportunities. MacArthur Foundation Conservation White Paper Series.

Howard-Borjas P and Cuijpers W, ‘Gender Relations in Local Plant Genetic Resource Management and Conservation’ [2002] Biotechnology, in Encyclopedia of Life Support Systems. EOLSS Publishers, Cambridge.

International Centre of Insect Physiology and Ecology (ICIPE), ‘Gender Research and Mainstreaming,’ available at http://www.icipe.org/research/social-science-andimpact-assessment/gender-research-and-mainstreaming (Accessed on 13 July 2021).

Lau JD, ‘Three Lessons for Gender Equity in Biodiversity Conservation’ (2020) 34 Conservation Biology 1589, 1589.

Mackenzie AFD, ‘Land Tenure and Biodiversity: An Exploration in the Political Ecology of Murang’a District, Kenya’ (2005) 62 Human Organization 255.

National Gender and Equality Commission Act, No. 15 of 2011, Laws of Kenya.

Rocheleau DE, ‘Gender and Biodiversity: A Feminist Political Ecology Perspective’ (1995) 26 IDS bulletin 9, 9.

Secretariat of the Convention on Biological Diversity, Addressing Gender Issues and Actions in Biodiversity Objectives, 2020, at p. 3 < https://www.cbd.int/gender/doc/cbd-towards2020-gender_integration-en.pdf > accessed 21 November 2021.

United Nations Environment Programme, Law and National Biodiversity Strategies and Action Plans, 2018,

UN-Women, “Towards a gender-responsive post-2020 global biodiversity framework: Imperatives and Key Components,” A submission by the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) as an input to the development of the post-2020 global biodiversity framework, 1 May 2019, 8.

UN-Women, “Integrating a gender perspective in the post-2020 global biodiversity framework,” Issues Brief – January 2021.

UNGA, Transforming our world: the 2030 Agenda for Sustainable Development, Resolution adopted by the General Assembly on 25 September 2015 [without reference to a Main Committee (A/70/L.1)].

Verma R, ‘“Without Land You Are Nobody”: Critical Dimensions of Women‟ s Access to Land and Relations in Tenure in East Africa’ [2007] Unpublished IDRC Scoping Study for East Africa on Women’s Access and Rights to Land and Gender Relations in Tenure.