A Critical Analysis of the Cooperative Frameworks on Shared Natural Resources in East Africa Community: a Case Study of Lake Victoria

Abstract

Over the past decades, international relations have adversely experienced increase in cooperation among different states in form of agreements and policies. The move towards greater common understanding and cooperation has become a global aspect driven by trade forces, shared natural resources, human rights issues, migration policies and politics, as they open opportunities for cooperation and integration. The goal for cooperation is to create common economic, social, political and cultural space among the participating countries. Cooperation evolves from economic links, historical or cultural ties. Different natural resources exist around the world and have helped to shape the society. In history, man has managed to earn a living through natural resources, thus, it is through the same natural resources which can bring cooperation among states and bring conflict between states, to examine the impact of shared resources as a source of conflict and a hindrance to state cooperation in the EAC To assess the effectiveness of legal and policy frameworks established in the EAC that foster cooperation within the EAC states, and to evaluate the prospects and challenges faced by states in the EAC in management of Lake Victoria as a shared natural resource and provide recommendations on strengthening capacity of the key institutions and frameworks on Lake Victoria as a shared natural resource in the region. The most serious environmental problems in Lake Victoria Basin relate to land use especially agricultural practices; destruction of protected areas in terrestrial and aquatic ecosystems particularly to destruction of forests and depletion of fishery resources respectively; and discharge of municipal and industrial wastes which cause pollution. It has been demonstrated in this paper that without exception, there are legal and institutional arrangements in the books to deal with these problems. In reality, the hopes may remain frail, if the Ministry of Water and Irrigation together with the Authority do not depart from the traditional lethargy of line ministries or agencies to date. That lethargy also characterized the conduct of the office of the attorney general, the supposed defender of the public good, at least as far as environmental matters are concerned. It is therefore curious that the protocol for sustainable development of the Lake Victoria Basin made no provision at all on access to environmental justice. The framework treaty, similarly, makes no such specific provision. Here, the Partner States agree to grant rights of access to the nationals or residents of other partner states to their judicial and administrative machineries to seek remedies for transboundary environmental damage, there is a uniform agreement that deliberate action be taken to develop and harmonize laws in the main problem areas. There are at least two primary aspects to this. On the one hand there is an urgent need to bring the national sectoral statutes in harmony with the framework statute. It was pointed out earlier that where any statute is in conflict with the framework law then the latter prevails. Thirdly, all the instruments call for strengthening of enforcement machineries and procedures, a matter which is grossly wanting in Kenya. We have recognized the overwhelming lethargy in the sectoral agencies as far as enforcement of environmental laws are concerned, all the instruments urge for public participation in development and enforcement of environmental law. As pointed out earlier the Kenyan framework environmental law has abundant and appropriate provisions for public participation and access to environmental justice. The fifth basic matter recognized by the regional instruments is capacity building and awareness creation. Beyond these levels, it is essential to introduce and intensify continuing education in environmental law. Judges, legal practitioners, parliamentarians, policy makers and civil society groups should be targeted.