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 Publisher of the Year 2021 and CIArb (Kenya) Lifetime Achievement Award 2021*
The 2030 Agenda and the Sustainable Development Goals (SDGs) is a plan of action for people, planet and prosperity. It is meant to eradicate poverty in all its forms and dimensions, including extreme poverty, which is considered to be the greatest global challenge and an indispensable requirement for sustainable development. The 17 Sustainable Development Goals and 169 targets seek to build on the Millennium Development Goals and complete what these did not achieve. They seek to realize the human rights of all and to achieve gender equality and the empowerment of all women and girls. They are integrated and indivisible and balance the three dimensions of sustainable development: the economic, social and environmental.
The SDGs reaffirm the importance of the Universal Declaration of Human Rights, as well as other international instruments relating to human rights and international law. They emphasize the responsibilities of all States, in conformity with the Charter of the United Nations, to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status. The SDGs also seek the empowerment of people who are vulnerable including all children, youth, persons with disabilities (of whom more than 80% live in poverty), people living with HIV/AIDS, older persons, indigenous peoples, refugees and internally displaced persons and migrants. The aim is to take further effective measures and actions, in conformity with international law, to remove obstacles and constraints, strengthen support and meet the special needs of people living in areas affected by complex humanitarian emergencies and in areas affected by terrorism.
The SDGs also seek to commit countries to provide inclusive and equitable quality education at all levels – early childhood, primary, secondary, tertiary, technical and vocational training. All people, irrespective of sex, age, race, ethnicity, and persons with disabilities, migrants, indigenous peoples, children and youth, especially those in vulnerable situations, should have access to lifelong learning opportunities that help them acquire the knowledge and skills needed to exploit opportunities and to participate fully in society. The goal is to also provide children and youth with a nurturing environment for the full realization of their rights and capabilities, helping our countries to reap the demographic dividend including through safe schools and cohesive communities and families.
In order to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all, Goal 4 provides that all countries should ensure that by 2030, they eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations. They are also supposed to build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all. Goal 8 provides that one of the ways of promoting sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all will be to achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value by the year 2030.
Countries are also supposed to ensure that, by 2030, they empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. Goal 11 requires that, by 2030, countries should provide access to safe, affordable, accessible and sustainable transport systems for all, improving road safety, notably by expanding public transport, with special attention to the needs of those in vulnerable situations, women, children, persons with disabilities and older persons. Related to this is also the requirement to provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities.
The SDGs provide good guidelines to countries to promote sustainable development agenda that is sensitive and responsive to the rights and special needs of PWDs and they should therefore be incorporated across all sectors in order to achieve an all-inclusive and meaningful development agenda for all persons in Kenya. While Kenya has shown its willingness to adopt these goals, they should be actively promoted and implemented for the sake of all people including PWDs. PWDs should actively participate in the realization and enjoyment of sustainable development. They should be free from poverty, access justice and also access funding for development as envisaged in the SDGs 2030 Agenda.
*This article is an extract from the Article Securing the Realisation of Environmental and Social Rights for Persons with Disabilities in Kenya, (2018) Journal of Conflict Management and Sustainable Development Volume 2(1), p. 45. 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). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. 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 among the top 5 leading lawyers and dispute resolution experts in Kenya by the Chambers Global Guide 2022.
References
Muigua, K., “Securing the Realisation of Environmental and Social Rights for Persons with Disabilities in Kenya, (2018) Journal of Conflict Management and Sustainable Development Volume 2(1), p. 45.