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Gender Perspectives in Biodiversity Conservation

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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.

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Why is THE LAWYER AFRICA Listing Top Law Firms and Top Lawyers?

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The Litigation Hall of Fame | Kenya in 2023 (The Most Distinguished 50 Litigation Lawyers in Kenya).

We live in the age of information overload where too much information (TMI) is increasingly making it difficult to find actionable legal data about a good law firm or lawyer. At the same time, legal services are increasingly going digital and finding your next lawyer is a now a matter of a few clicks. Many existing, new and potential clients are interested to know more about the lawyer handling or likely to handle their next case or transaction as every HR Manager seeks to know how their In-house Lawyer or next hire compares to peers.

The biggest dilemma especially for commercial consumers of legal services  is where to begin the journey in finding the law firm or the lawyer to meet their immediate legal need created by their new venture,  business, transaction or dispute. In-house counsel are also called upon to justify opting for one lawyer or law firm or over the other.  Hence, the rise in the popularity of international law directories rankings as an attempt to fill the yawning gap by listing a few dozen lawyers and law firms in esoteric categories that often don’t align with the legal needs of the domestic legal market.

But ranking two dozen elite lawyers or big law firms in a big jurisdiction like Kenya there are over 20,000 lawyers is merely a drop in the ocean. The result is the same candidates are listed year after year and an In-house Legal Team looking to infuse new blood in their external counsel panel is left very little discretion. At best, International legal ranking only succeed to tilt the scales in favour of few big firms and their lawyers and to aid the choice of International Legal buyers who are constrained for time in picking their External Counsel in jurisdictions where they cannot find referrals.

The questions that beg are: What about the other top law firms and lawyers who are equally good if not better but don’t have the time to fill the technical paperwork that comes with International Legal Directories rankings? What about Domestic Legal Buyers who simply want to justify why they prefer a lawyer or law firm not listed in the International Directory? Can increasing the number of listed lawyers or law firms from less 0.1% of the profession (as captured by International Law Directories) to at least 1% of the profession or higher for those specializing in the practice area help in enhancing access to justice in Africa? Can ranking law firms by number of fee earners help in the quest for a more accurate bird’s eye view of a country’s legal landscape?

At THE LAWYER AFRICA, we have set out to list Top Law Firms and Top Lawyers in the various practice areas in a way that democratizes law rankings and listings and brings this essential value add within reach of most lawyers and every law firms doing top legal work. We don’t promise to list all the top lawyers or law firms, but we commit to make sure every lawyer or law firm we list is at the top of the game in the listed practice area. We aim to help both little known and already known law firms and lawyers doing top legal work in their area of specialization get discovered by discerning clients and possibly get more opportunities to do great work.

THE LAWYER AFRICA is looking to list up to Top 200 Law Firms in every African Jurisdiction based on their reputation and number of fee earners headcount with a goal of listing at least Africa’s Top 1,000 Law Firms which are leaders in their respective countries. We also seek to list up to Top 1,000 Lawyers in every country in Africa in at least five main practice areas, namely, Litigation, Commercial Law, Property law, In-house and Private Sector or more.

THE LAWYER AFRICA categorizes law firms in large jurisdictions as Top 5, Top 10, Top 20, Top 50 and Top 100 (and allow tying where number of counsel is equal). The Top Lawyers are listed in three categories, namely, Hall of Fame (the Distinguished Top 50 or 75 Practitioners in a Practice Area), Top 100 (the Leading Top 100 Practitioners in a Practice Area) and Up-and-Coming (the promising Top 50 or 75 Practitioners in a Practice Area).  The placing of a listings depends on a number of key factors including the number of key matters or transactions handled, years in practice and experience, size of team working under a counsel, reputation and opinion of peers (where available) as established by THE LAWYER AFRICA.

THE LAWYER AFRICA prefers to list a counsel in only one listing, as far as possible. The Team tries (as far as possible) not to contact listed law firms or lawyers before the listing is finalized in the first. However, a listed law firm or lawyer may be contacted at the pre-launch stage of a list for purposes of selling merchandise relating to the launch but such engagement will not affect the listing. In case of future listings, it is expected that interested lawyers or law firms who feel they were previously left out of the list may to provide information for consideration to determine if they qualify for the next listing but that will not guarantee any listing.

THE LAWYER AFRICA undertakes not to charge for listing any lawyer or law firm. However, upon publication of a listing, as part of recovering the sunk costs we incur in the research and publication of the listings, we shall charge a token for printing and shipping of Quality A3 Certificate for listed Law Firms and/or A4 Certificate for listed Lawyers who wish to have or display the branded souvenirs or to use our proprietary digital materials in their business  branding. We may also charge listed and unlisted law firms and lawyers an affordable fee for limited banner advertising or publishing of enhanced profiles next to the listings.

For any question or feedback on any list or listing, feel free to contact THE LAWYER AFRICA PUBLISHER at info[at]thelawyer[dot]africa.

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The Roles of the Three Parts of the Permanent Court of Arbitration

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H.E. Amb. Marcin Czepelak, the Fourteenth Secretary-General of the Permanent Court of Arbitration (PCA)

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Brief History of the Permanent Court of Arbitration (PCA)

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By Dr. Kariuki Muigua, PhD, C.Arb, Current Member of Permanent Court of Arbitration (PCA) Representing the Republic of Kenya.

The Permanent Court of Arbitration (PCA) is a 124 Years Old Intergovernmental Organization currently with 122 contracting states. It was established at the turn of 20th Century during the first Hague Peace Conference held between 18th May and 29th July 1899. The conference was an initiative of then Russian Czar Nicholas II to discuss peace and disarmament and specifically with the object of “seeking the most effective means of ensuring to all peoples the benefits of a real and lasting peace, and, above all, of limiting the progressive development of existing armaments.” The culmination of the conference was the adoption of a Convention on the Pacific Settlement of International Disputes, which dealt not only with arbitration but also with other methods of pacific settlement, such as good offices and mediation.

The aim of the conference was to “strengthen systems of international dispute resolution” especially international arbitration which in the last century had proven effective for the purpose with number of successful international arbitrations being concluded among Nations. The Alabama arbitration of 1871-1872 between the United Kingdom (UK) and the United States (US) under the Treaty of Washington of 1871 culminating in the arbitral tribunal’s award that the UK pay the US compensation for breach of neutrality during American Civil War which it did had demonstrated the effectiveness of arbitration in settling of international disputes and piqued interest of many practitioners in it as a mode of dispute resolution during the latter years of the nineteenth century.

The Institut de Droit International adopted a code of procedure for arbitration in 1875 to answer the need for a general law of arbitration governing for countries and parties wishing to have recourse to international arbitration. The growth of arbitration as a mode of international dispute resolution formed the background of the 1899 conference and informed its most enduring achievement, namely, the establishment of the PCA as the first global mechanism for the settlement of disputes between states. Article 16 of the 1899 Convention recognized that “in questions of a legal nature, and especially in the interpretation or application of International Conventions” arbitration is the “most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to settle.”

In turn, the 1899 Convention provided for the creation of permanent machinery to enable the setting up of arbitral tribunals as necessary and to facilitate their work under the auspices of the institution it named as the Permanent Court of Arbitration (PCA). In particular, Article 20 of the 1899 Convention stated that “[w]ith the object of facilitating an immediate recourse to arbitration for international differences which it has not been possible to settle by diplomacy, the signatory Powers undertake to organize a Permanent Court of Arbitration, accessible at all times and operating, unless otherwise stipulated by the parties, in accordance with the rules of procedure inserted in the present Convention.” In effect, the Convention set up a permanent system of international arbitration and institutionalized the law and practice of arbitration in a definite and acceptable way.

As a result, the Permanent Court of Arbitration (PCA) was established in 1900 and began operating in 1902. The PCA as established consisted of a panel of jurists designated by each country acceding to the Convention with each country being entitled to designate up to four from among whom the members of each arbitral tribunal might be chosen. In addition, the Convention created a permanent Bureau, located in The Hague, with functions similar to those of a court registry or secretariat. The 1899 Convention also laid down a set of rules of procedure to govern the conduct of arbitrations under the PCA framework.

The second Hague Peace Conference in 1907 saw a revision of the 1899 Convention and improvement of the rules governing arbitral proceedings. Today, the PCA has developed into a modern, multi-faceted arbitral institution perfectly situated to meet the evolving dispute resolution needs of the international community. The Permanent Court of Arbitration has also diversified its service offering alongside those contemplated by the Conventions. For instance, today the International Bureau of the Permanent Court of Arbitration serves as a registry in important international arbitrations. In 1993, the Permanent Court of Arbitration adopted new “Optional Rules for Arbitrating Disputes between Two Parties of Which Only One Is a State” and, in 2001, “Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment”.

Reference

PCA Website: https://pca-cpa.org/en/about/introduction/history/ (accessed on 25th May 2023).

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