The latest issue of the Journal of Conflict Management and Sustainable Development, Volume 8 No. 2, sustains the tradition of excellence in research, publishing and scholarship that has seen the Journal continue to grow as a key academic resource in the fields of Conflict Management, Sustainable Development and related fields of knowledge. This is the second issue of the Journal in the year 2022 and a demonstration of the commitment of the Journal Editors led by phenomenal Environmental Law Scholar, leading Dispute Resolution and Conflict Management Practitioner and renown Sustainable Development Expert Dr. Kariuki Muigua, PhD towards spearheading scholarly discourse on the themes of Conflict Management and Sustainable Development.
The journal continues its focus on emerging and pertinent areas and challenges in the fields of Conflict Management and Sustainable Development and where necessary proposes necessary legal, institutional and policy reforms towards addressing these issues. The Journal is now one of the most cited and authoritative publications in the fields of Conflict Management and Sustainable Development. The first article by Dr. Kariuki Muigua on “Fulfilling the Right to Water as a Socio-economic Right for the People of Kenya,” underscores that water is a basic human right both under international and national laws. In fact, the right to water is considered as part of the socioeconomic rights. In this article, he critically discusses the challenges that have hindered the realization of this right in Kenya and offers some recommendations on how the same can be overcome as part of realization of the constitutionally guaranteed socioeconomic rights in Kenya.
In the article, “Unequal Pay for Education of Equal Value: A Subtle Discrimination Against Non-SADC International Undergraduate Students,” Johana Kambo Gathongo* fundamental legal analogies from the above a South Africa Constitutional Court judgement as well as employment law ‘equal pay for work of equal value’ to show that there is conspicuous disparities in the payment of fee across all universities in the South Africa. He uses data from randomly selected universities to highlight the practice and disparity in terms of the payment of the ‘international levy’. As the Constitutional Court held in LarbiOdam case, “Non-citizens are a group lacking in political power and as such vulnerable to having their interests overlooked and their rights to equal concern and respect violated. As a result, they should be protected in terms of the equality clause.” The article proposes remedial and other less severe, non-discriminatory practices through which universities may adopt to generate funds.
Decarbonisation as a climate mitigation strategy is gaining much traction lately due to the heightening climate variabilities and risks. Noting that over 70 percent of forest loss in Sub-Saharan Africa (SSA) is linked to agricultural expansion, Caroline Jepchumba Kibii examines the two sectors jointly because an activity in one sector implicates the other. In the article, “Decarbonising Africa’s Agriculture and Forestry: Synergies and Trade-offs for Sub-Saharan Africa,” she argues that while the journey towards decarbonising Africa’s agriculture and forestry faces several challenges; it also presents opportunities to exploit natural resources and conserve and develop green projects that promote sustainable development. The paper analyses the greenhouse gas emission sources in the agriculture and forestry sectors while interrogating some of the challenges barring their decarbonisation and considers potential tradeoffs in SSA.
Prof. Adesina Temitayo Bello in the article “Neg- Med Model; A Special Tool for Resolving Boko Haram Insurgency in Nigeria” examines the incessant evolution of the dreaded Boko Haram sect, its activities, and the techniques used by the Nigerian government to totally annihilate this canker worm. He reveals that the approaches adopted by Government to tackle this issue have brought little or no success because crucial elements like conflict resolution have not been given optimum attention. The article recommends that the government of Nigeria should, in the quest to mitigate and finally resolve the Boko Haram insurgency, initiate a conflict resolution mechanism other than the use of the military which signifies the application of force against the sect. It recommends the use of Negotiation and Mediation in resolving the crisis.
In the article “Corruption and Sustainable Development: Tracing the Root Causes and Radical Proposals for Way Forward,” Henry K. Murigi attempts to illustrate how the state of nature that was advanced by Thomas Hobbes presents itself in modern day corruption. In particular, the paper explores whether the idea of the state of nature can be located in the modern-day corruption by first deliberating on the context of Thomas Hobbes then consider the modern-day corruption. Thereafter, the paper shows the overlaps between state of nature and corruption. The paper then focuses on a conceptualization of the most notorious words of Thomas Hobbes which have generated numerous literary debates and thinking.
Dr. Kariuki Muigua in “Utilising Science and Technology for Environmental Management in Kenya,” advocates for the use of science and technology for environmental management in Kenya. He critically discusses environmental management tools in Kenya which include the law, ethics, Environmental Impact Assessment, market forces and institutions such as national courts and tribunals and the public while pointing out their shortcomings. The paper argues that environmental management tools in Kenya have not been fully effective in environmental protection and conservation as evidenced by several environmental concerns such as pollution and degradation. He presents a case for the enhancement of science and technology as an environmental management tool in Kenya in order to effectively achieve the right to a clean and healthy environment and promote sustainable development.
Oseko Louis D. Obure in “Realising Sustainable Use of Biomass Energy in Kenya: Appraising the Regulatory and Institutional Framework” notes that increasingly the world has been shifting toward cleaner and sustainable energy to ensure sustainable development in the energy industry. He argues that this calls on every country to ensure affordable, secure, and clean energy for its citizens. However, with increase in fuel prices by the introduction of the value-added tax of 8% on petroleum products, he anticipates that the cost of living and price of alternative sources of energy will equally soar. He proposes in mitigation taking measures to ensure safe and sustainable use of biomass is important. In turn, he calls for efficient regulatory and institutional framework over biomass upon appraising Kenya’s regulatory and institutional framework over biomass and proffer recommendations for the better and sustainable use of biomass.
In “Uti Possidetis, Self-determination and Conflicts in the Horn of Africa: The Case of Eritrea’s Secession from and Border Conflict with Ethiopia,” Berita Mutinda Musau examines the relationship between the principle of ut possidetis and the right to self-determination within the African context. It looks at the interplay between the two in enhancing conflict and challenging peace and stability in Africa particularly in the Horn of Africa. The study uses Ethiopia and Eritrea as a case study to establish the interplay between self-determination and uti possidetis in informing Eritrea’s secession from Ethiopia and the subsequent bloody border conflict between the two countries. The study concludes that demarcation of borders in peacetime coupled with good, representative and inclusive governments would go a long way in addressing the challenges that uti possidetis and self-determination pose to peace and security not only in the Horn of Africa but also in the whole of Africa.
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