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*
Biodiversity conservation is frequently related with a biocentric perspective, in which all life on Earth has intrinsic value. There are both ecocentric and anthropocentric reasons for taking care of wetlands, for purposes of meeting human needs as well as protecting biodiversity resources. This is because wetlands’ ecological services are linked to an anthropocentric viewpoint in which biodiversity has instrumental value since it contributes to services that benefit human well-being. Wetlands are split into two types: coastal/tidal and inland/non-tidal, and both provide essential habitat for a range of aquatic and terrestrial species.
The United Nations Charter for Nature (1982) promotes an ecocentric approach to biodiversity protection, stating that “every form of life is unique, deserving of respect regardless of its value to man….In accordance with national legislation, all persons shall have the opportunity to participate, individually or in groups, in the formulation of decisions directly affecting their environment, and shall have access to measures of redress if their environment has been damaged or degraded.” Nurturing wetlands is a key step towards biodiversity conservation and because ‘where mutually beneficial relationships between biodiversity and ecosystem services exist (win–win), there will be much larger and more powerful sets of potential partners in conservation’. The Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention on Wetlands) acknowledges the fundamental ecological functions of wetlands as regulators of water regimes and as habitats supporting a characteristic flora and fauna, especially waterfowl in its preamble.
There is a crucial link between nurturing wetlands resources and supporting successful biodiversity conservation as a means of guaranteeing the future, both for humans and all other living things that inhabit wetlands. Wetlands play an important role in hydrological and biogeochemical cycles because they provide a wide range of ecosystem goods and services to humans, including the ability to retain water during the dry season and keep the water table high and moderately stable, the ability to regulate a microclimate, and many ecosystem services that are critical to reducing community vulnerability to climate change and extreme weather events in particular. As a result, they serve a key ecological function that is essential for biological survival and human development. They also offer a wide range of leisure activities, including fishing, hunting, photography, and animal observation.
Biodiversity is an important part of the efforts towards achieving Sustainable Development agenda as it is the source of all life and all raw materials required to meet human needs. Any efforts to secure human life for both the present and future generations must, therefore, include conservation of biodiversity as a matter of necessity. Conserving Biodiversity for a Better Future is thus an idea that we must deeply reflect on as a matter of urgency. Apart from the moral and legal grounds for respect for human rights in conservation efforts, it has been opined that practically, conservation will often be more effective if people’s rights are respected and fulfilled: Local people who benefit from conservation and who are better able to meet their needs and achieve their development objectives are more likely to change any behaviour that may damage the environment through overexploitation; local and indigenous people often have knowledge, skills and organisational capacities that are useful and relevant in resource management; people are more likely to follow resource management agreements and rules if they have had input into these agreements.
Participation in decision-making makes it more likely that the agreements will meet their needs and will reflect what is achievable. It is imperative that all stakeholders join hands in conservation of biodiversity. It is also important to point out that in addition to mitigation, biodiversity and ecosystem services play an important role in adapting to the impacts of climate change, and reducing the risk of climate-related and non-climate-related disasters. Unless challenges threatening wetlands and biodiversity resources within these wetlands are addressed, the dream of achieving sustainable development goals will remain a mirage.
Threats to Wetlands Conservation including human development, urbanization, and poor management have all been blamed for the disappearance of wetlands. Due to changes in land-use patterns, such as conversion of wetlands into farmlands, human settlements, urban centers, and infrastructure development, it is estimated that the area of wetlands has decreased by more than half since 1900. These are exacerbated by current challenges to biodiversity protection, such as habitat loss and degradation, climate change, chemical and biochemical pollution, logging and poaching, invasive species, illness, and the loss of plant pollinators, among others. That wetlands in Kenya also suffer from over-exploitation of their natural resources is one major threat. Others are encroachment, habitat degradation and biodiversity loss.
It has been contended that because wetlands produce a wide range of plant, animal, and mineral products that are used and valued by people all over the world, whether in local, rural communities or far-off cities in foreign countries, wetlands have attracted significant portions of human populations who survive by exploiting their resources through various resource utilization activities, often driven by economic and financial considerations. Such reliance on natural resource exploitation for survival always puts the resources in jeopardy, especially if the value of the resources is unknown or undervalued by the stakeholders.
*This article is an extract from the Article: Nurturing our Wetlands for Biodiversity Conservation 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.
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