By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*
In order to implement a circular economy, there is need for governments to develop and implement policies on circular economy while also aligning circular economy principles with national climate goals. Such policies should focus on key areas of circular economy such as minimizing single-use plastics and the promotion of environmentally friendly products and on mainstreaming energy efficiency, clean energy and e-mobility in multiple sectors. Governments also have role in implementing circular economy through designing new financing instruments, such as green bonds and blended financing, to raise funds to achieve widespread transformational change towards green economies.
In addition, it has been pointed out that by ensuring circular economy approaches are embedded into national climate goals such as Nationally Determined Contributions (NDCs), countries can accelerate the transition to a low-carbon economies, protect the natural environment, and create green, decent, and dignified jobs as well. Circular economy can aid countries in meeting their climate targets by cutting greenhouse gas emissions associated with industry, agriculture, and land use that the energy transition cannot address due to its potential to eliminate waste and pollution therefore reducing greenhouse gas emissions across value chains, circulate products and materials therefore retaining their embodied energy, and regenerate nature thus sequestering carbon in soil and products.
It is therefore pertinent for governments to implement policies on circular economy and align circular economy approaches with national climate goals. There is also need to enhance financing for businesses, startups, organizations and individuals undertaking initiatives to implement circular economy. One of the key challenges facing the implementation of circular economy especially in developing countries has been identified to be inadequate financing for businesses especially MSMEs to transition to circular economy.
Access to finance in developing countries remains a barrier, especially for small businesses in the circular economy and for businesses in general, in part due to unfavourable factors such as high interest rates. It is therefore important for developing countries including those in Africa to enable access to finance in order to unlock circular economy through initiatives such as grant financing, lowering risks, removing policy barriers in order to foster investments, and investing in circular infrastructure.
Enhancing access to finance and investments in circular businesses can enable an inclusive development approach that creates opportunities for marginalised people including the youth and women. It is also imperative for countries to strengthen their laws and policies on waste management in support of waste prevention and circular economy. It has been argued that countries need to modernize their laws and policies on waste management on an ongoing basis to make them fit for the circular economy and the digital age.
Countries should therefore improve their legislation on towards circularity. It is also imperative for organizations and businesses to integrate sustainability criteria into business strategies by improving their corporate governance framework and enhance disclosure of environmental data in order to effectively implement circular economy.
There is also need for developed countries to support developing countries in areas such technology development and transfer in order to accelerate the adoption of clean and green technologies necessary to implement circular economy. Developing countries often face barriers in embracing technology and innovation necessary to implement circular economy in areas such as renewable energy, sustainable agriculture, waste management, and recycling. It has correctly been argued that technology in its advanced stages along with technological capabilities are key factors in the successful implementation of circular economy principles at different levels and in different areas.
Technology development and transfer is envisioned under the Paris Agreement which urges countries to promote and facilitate enhanced action on technology development and transfer in order to support the implementation of the Agreement. It is therefore important for countries to cooperate in technology development and transfer in order to implement circular economy while also achieving climate targets envisioned under the Paris Agreement.
Finally, it is necessary to enhance public awareness on circular economy. It has been pointed out that the public can play an important role in implementing circular economy by demanding environmentally friendly products and services and actively minimizing waste by embracing practices such as reducing, reusing and recycling of materials. Countries should therefore enhance public awareness by facilitating investments in education, providing information and active public participation to increase environmental awareness and the benefits of circular economy.
It has been suggested that improving community awareness about environmental protection and resource conservation, and environmental certification of products can accelerate the transition to circular economy. Public awareness can encourage the public to embrace the principles of circular economy including reducing, reusing and recycling of materials. In addition to public awareness, countries should also embrace public participation in implementing circular economy. It has been argued that many reviews of the various circular economy-related policies show that the huge public support for policies such those relating to the ban on the use, manufacture, and importation of single-use plastic bags in Kenya demonstrates the importance of public participation in the enforcement of public policies that support circular economy principles.
Public participation is a key principle of environmental governance that has been recognized in various countries including Kenya. The Constitution of Kenya enshrines public participation as one of the national values and principles of governance. The Constitution also obligates the state to encourage public participation in the management, protection and conservation of the environment. Countries should therefore embrace public participation in order to effectively implement circular economy for sustainability.
References
Africa Circular Business Alliance., ‘Circular Economy Implementation Strategies for Sustainable Transportation.’ Available at https://www.linkedin.com/pulse/circulareconomy-implementation-strategies/ (Accessed on 01/12/2023).
Africa Circular Economy Network., Available at https://www.acen.africa/ (Accessed on 01/12/2023).
Africa Development Bank Group., ‘The African Circular Economy Alliance (ACEA).’ Available at https://www.afdb.org/en/topics-andsectors/topics/circular-economy/african-circular-economy-alliance-acea (Accessed on 01/12/2023).
African Development Bank Group., ‘African Development Bank Group Launches Dedicated Trust Fund for Circular Economy.’ Available at https://www.afdb.org/en/news-and-events/press-releases/african-developmentbank-group-launches-dedicated-trust-fund-circular-economy-51948 (Accessed on 01/12/2023).
East African Community., ‘Regional Bioeconomy Strategy 2021/22-2031/32.’ Available at https://www.eac.int/press-releases/2515-eac-unveils-regionalbioeconomy-strategy-2021-22-2031-32 (Accessed on 01/12/2023).
Ellen MacArthur Foundation.,’ What is a Circular Economy?.’ Available at https://www.ellenmacarthurfoundation.org/topics/circular-economyintroduction/overview#:~:text =The%20circular%20economy%20is%20a,remanufact ure%2C%20recycling%2C%20and%20composting (Accessed on 30/11/2023).
Ellen McArthur Foundation., ‘Completing the Picture: How the Circular Economy Tackles Climate Change.’ Available at https://www.ellenmacarthurfoundation.org/completing-the-picture (Accessed on 30/11/2023).
Ellen McArthur Foundation., ‘Plastics and the Circular Economy -Deep Dive.’ Available at https://www.ellenmacarthurfoundation.org/plastics-and-the-circulareconomy-deepdive#:~:text=The%20vision%20for%20a%20circular%20economy%20for%20plastic% 20has%20six,need%20for%20single%2Duse%20packaging (Accessed on 01/11/2023).
European Commission., ‘A new Circular Economy Action Plan For a Cleaner and More Competitive Europe.’ Available at https://eurlex.europa.eu/resource.html?uri=cellar:9903b325-6388-11ea-b735- 01aa75ed71a1.0017.02/DOC_1&format=PDF (Accessed on 01/12/2023).
European Parliament., ‘Circular Economy: Definition, Importance and Benefits.’ Available at https://www.europarl.europa.eu/news/en/headlines/economy/20151201STO0560 3/circular-economy-definition-importance-andbenefits#:~:text=The%20circular%20economy%20is%20a,cycle%20of%20 products%2 0is%20extended (Accessed on 30/11/2023).
Fwangkwal. B., Luotonen. E., & Jarvinen. L., ‘Africa’s Circular Economy Needs Support from Policymakers.’ Available at https://www.sitra.fi/en/articles/africas-circulareconomy-needs-support-from-policymakers/ (Accessed on 30/11/2023).
Gendre. I., ‘Circular Economy: Definition and Principles.’ Available at https://greenly.earth/en-us/blog/company-guide/circular-economy-definition-and-principles (Accessed on 30/11/2023).
Greenovations-Africa., Available at https://vc4a.com/greenovationsafrica/greenovations-africa-2023/ (Accessed on 01/12/2023).
Heshmati. A., ‘A Review of the Circular Economy and its Implementation.’ Available at https://docs.iza.org/dp9611.pdf (Accessed on 01/12/2023).
Lewis. I., ‘AfDB’s Donor-Funded Facility Supports Africa’s Circular Economy.’ Available at https://impact-investor.com/afdbs-donor-funded-facility-supportsafricas-circular-economy/ (Accessed on 30/11/2023).
Muriithi. J., & Ngare. I., ‘Transitioning Circular Economy from Policy to Practice in Kenya.’ Available at https://www.frontiersin.org/articles/10.3389/frsus.2023.1190470/full#:~:text=Kenya%20has %20been%20working%20toward,new%20avenues%20for%20financial%20growth (Accessed on 30/11/2023).
Mwita. M., ‘East Africa Mulls Shifting from Linear to Circular Economy.’ Available at https://theexchange.africa/investing/africas-development/east-africa-mulls-shifting-fromlinear-to-circular-economy/ (Accessed on 01/12/2023).
Nairobi Garage., ‘Mr Green Africa // Kenyan Recycling Startup Secures Round of Funding.’ Available at https://nairobigarage.com/mr-green-africa-secures-round-offunding/ (Accessed on 01/12/2023).
Norouzi. M., ‘Circular Economy in the Building and Construction Sector: A Scientific Evolution Analysis.’ Journal of Building Engineering, Volume 44, 2021.
Packaging Europe., ‘Afri-Plastics Challenge Provides Funding for African Recycling Businesses, New Bioplastics, Waste Conversion Processes, and more.’ Available at https://packagingeurope.com/news/afri-plastics-challenge-provides-funding-forafrican-recycling-businesses-new-bioplastics-waste-conversion-processes-andmore/9548.article#:~:text=Afri%2 DPlastics%20Challenge%20provides%20funding,a nd%20more%20%7C%20Article%20%7C%20 Packaging%20Europe (Accessed on 01/12/2023).
The 10 Principles of a Circular Economy., Available at https://www.lombardodier.com/contents/corporate-news/responsiblecapital/2020/september/the-10-steps-to-a-circular-econo.html (Accessed on 30/11/2023).
United Nations Development Programme., ‘Circular Economy.’ Available at https://climatepromise.undp.org/what-we-do/areas-of-work/circular-economy (Accessed on 30/11/2023).
United Nations Development Programme., ‘Goal 12: Responsible Consumption and Production.’ Available at https://www.undp.org/sustainable-developmentgoals/responsible-consumption-and-production (Accessed on 30/11/2023).
United Nations Development Programme., ‘What is Circular Economy and Why Does it Matter?.’ Available at https://climatepromise.undp.org/news-andstories/what-is-circular-economy-and-how-it-helps-fight-climate-change (Accessed on 30/11/2023).
United Nations Development Programme., ‘Why the Green, Circular Economy is Key to Beating the Triple Planetary Crisis.’ Available at https://www.undp.org/blog/whygreen-circular-economy-key-beating-triple-planetary-crisis (Accessed on 30/11/2023).
Vandycke. N et al., ‘Defining the Role of Transport in the Circular Economy.’ Available at https://blogs.worldbank.org/transport/defining-role-transportcircular-economy (Accessed on 01/12/2023).