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)*
Realizing Sustainable Development has become a pertinent concern in the wake of global challenges including climate change, poverty, food insecurity and hunger, environmental degradation and inequalities between and among nations. Sustainable Development is defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
Essentially, Sustainable Development seeks to foster intra-generational equity, that is equity among present generations, and intergenerational equity, that is equity between generations. The idea of Sustainable Development encompasses environmental protection, economic development and social concerns.
Achieving Sustainable Development is a fundamental concern in Africa. The continent continues to face numerous challenges such as poverty, hunger, food insecurity, drought, water scarcity, climate change, unemployment and inequalities which threaten the Sustainable Development agenda. However, it has also been observed that the continent is making some progress towards implementing the sustainable development goals. In particular, actualizing the aspirations, goals, and targets of the African Union’s Agenda 2063 is seen as key in accelerating the Sustainable Development agenda in Africa.
Agenda 2063 is founded on the African Union vision of an ‘integrated, prosperous and peaceful Africa, driven by its own citizens and representing a dynamic force in the international arena.’ It sets out the continent’s shared strategic framework for inclusive growth and Sustainable Development that takes into account past achievements, challenges and opportunities at the national, continental and global levels to provide the basis and context in which the continent’s transformation is being designed and implemented.
Agenda 2063 is premised on seven aspirations. These are Aspiration 1: A prosperous Africa based on inclusive growth and sustainable development; Aspiration 2: An integrated continent; politically united and based on the ideals of PanAfricanism and the vision of Africa’s Renaissance; Aspiration 3: An Africa of good governance, democracy, respect for human rights, justice and the rule of law; Aspiration 4: A peaceful and secure Africa; Aspiration 5: An Africa with a strong cultural identity, common heritage, shared values and ethics; Aspiration 6: An Africa, whose development is people-driven, relying on the potential of African people, especially its women and youth, and caring for children; and Aspiration 7: Africa as a strong, united, resilient and influential global player and partner.
The aspirations of Agenda 2063 mainly cover the areas of: social and economic development; integration, democratic governance and peace and security amongst others. Agenda 2063 builds on past achievements and challenges and takes into account the continental and global context and trends in which Africa is realizing its transformation, including: The Pan African vision and project; lessons from global development experiences; learning from past and present African development efforts and challenges and forging an Africancentred approach to transformation; people-centered development, gender equality and youth empowerment and the changing global context.
It has been rightly pointed out that Agenda 2063 is geared towards achieving Sustainable Development in Africa. Agenda 2063 sets out several targets that are vital in realizing the ideal of Sustainable Development in Africa including eradicating poverty; providing opportunities for all Africans to have decent and affordable housing in clean, secure and well planned environments; fostering education and skills revolution and actively promoting science, technology, research and innovation; transforming, growing and industrializing African economies through beneficiation and value addition of natural resources; consolidating the modernisation of African agriculture and agro-businesses; combating climate change and fostering environmental conservation; connecting Africa through world-class infrastructure; fostering gender equality and empowerment of the youths in all sectors; and strengthening domestic resource mobilization.
The aspirations, goals and targets of Agenda 2063 fit well within the United Nations 2030 Agenda for Sustainable Development. It has been pointed out that Agenda 2063 and the 2030 Agenda for Sustainable Development are mutually supportive and coherent. They can unlock virtually all the SDGs in Africa by ending poverty, promoting food security, fostering good health and well-being, promoting quality education, achieving gender equality, ensuring access to clean water and sanitation, enhancing access to affordable and clean energy, promoting decent work and economic growth, fostering industry, innovation and infrastructure, combating climate change, ensuring sound governance of the environment and natural resources and realizing peace, justice and strong institutions in Africa.
The African Union asserts that the SDGs fit neatly into the twenty goals of Agenda 2063. Agenda 2063 is wide in scope, covering social, economic and sustainability considerations in the broader context of political, cultural and other African priorities hence by implementing Agenda 2063, African countries will also be meeting global obligations under the SDGs. Actualizing Agenda 2063 can therefore accelerate Sustainable Development in Africa.
*This is an extract from the Book: Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023.
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