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)*
Indigenous peoples’ traditional ecological knowledge, traditional systems of control, use and management of lands and resources, and traditional institutions for self-governance contribute substantially to conservation of biodiversity. For example, trees which were traditionally regarded as housing spirits or sacred were not be felled without performing rituals, thus achieving a protective effect on conservation of trees such as the mugumo tree among the Gikuyu community of Kenya; animals in a particular habitat may be regarded as sacred and are therefore protected from hunting; sacred groves or forests are pieces of land set aside for spiritual purposes, as shrines thus protected from encroachment; and indigenous plants are used in preventing and curing diseases in plants, animals and humans thus guaranteeing their protection and conservation.
Indeed, it has been pointed out that throughout Africa, the regular use of different but interrelated forms of indigenous and traditional ecological knowledge in conservation of biodiversity is significant. These include taboos and totems, customs and rituals, rules and regulations, metaphors and proverbs, traditional protected areas (social institutions), local knowledge of plants, animals and landscapes, and resource management systems. These forms of indigenous knowledge play a significant role in biodiversity conservation and protection of indigenous communities from the impacts of climate change.
Indigenous people in Africa therefore serve as stewards of biodiversity-rich areas. Their knowledge of sustainable resource management is invaluable for preserving ecosystems and combating habitat loss. Indigenous knowledge has also enabled African communities to embrace climate resilient agricultural practices. It has been pointed out that traditional agricultural practices like agro forestry, intercropping, crop rotation, cover cropping, traditional organic composting and integrated crop-animal farming are practiced throughout Africa and have the potential for enhancing crop productivity and mitigating the impacts of climate change.
Indigenous people in Africa practise mixed farming where organic manure in the form of plant remains, cow dung and urine, and chicken droppings is applied to gardens to improve soil fertility as they are good sources of organic fertilizer which tends to promote organic farming; and the use of nitrogen fixing pulses in mixed cropping, growing of plants of different patterns, maturity and duration which assists significantly in stabilizing soil fertility and prevention of soil erosion. It has been pointed out that such practices are an effective way to biologically manage pests and diseases.
In addition, they also conserve biodiversity of animal and biannual crops and plants while reducing labour costs. Further, trees are planted in gardens to provide shade for the plants, to act as wind breaks, and also to demarcate people’s farmlands and homes. Indigenous communities in Africa have also developed sophisticated water management systems, from rainwater harvesting to aquifer management among others. As a result, harnessing such indigenous knowledge would help in achieving food security throughout Africa, conserving water, mitigating climate change and ensuring biodiversity conservation.
It has also been pointed out that throughout the continent, the integration of communitybased forecasting and scientific forecasting has been successfully demonstrated to provide early warning weather and climate information for local communities in Malawi, Kenya, Ghana, Ethiopia, Uganda, South Africa, Swaziland and Tanzania among other countries. In addition, it has been noted that for early warning systems, farmers have developed special techniques for gathering, predicting, and interpreting certain indicators to anticipate the weather or seasonal climatic conditions for farm decisionmaking. This is as a result of the long-term experiences of indigenous communities in Africa through the interaction with their immediate environment has enabled them to identify certain indigenous ecological indicators that are explored to predict the weather and seasonal climate. Indigenous communities in Africa have therefore developed the ability to read natural signs and predict weather patterns.
Integrating this knowledge into climate forecasting systems can enhance preparedness for extreme weather events. From the foregoing, it is evident that harnessing indigenous knowledge can enhance climate action in Africa. However, it has been noted that indigenous knowledge is often marginalized or dismissed by mainstream scientific and governmental institutions. In addition, it has been asserted that indigenous communities in Africa often face threats to their lands and traditional territories, undermining their ability to practice sustainable resource management.
It has also been pointed out that climate change brings additional vulnerabilities to indigenous peoples, which add to existing challenges, including political and economic marginalization, land and resource encroachments, human rights violations and discrimination. The potential threat of climate change to their very existence, combined with various legal and institutional barriers that affect their ability to cope with and adapt to climate change, makes climate change an issue of human rights and inequality to indigenous peoples and not merely an environmental issue. It is therefore vital to harness indigenous knowledge in order to enhance climate action in Africa and foster the human rights of indigenous people.
*This is an extract from the Article: Harnessing Indigenous Knowledge for Climate Action in Africa, Available at: https://kmco.co.ke/wp-content/uploads/2024/02/Managing -Disputes-in-Carbon-Markets.pdf (26th February 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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