The Place of Human Rights in Environmental and Natural Resources Conflicts Management in Kenya

Abstract

Article 19 of the Constitution of Kenya 2010 provides that Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies. It further states that the purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings. The Constitution also outlines the principles of national security as including the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests. In addition to these, the Constitution provides for and envisages the enjoyment of the right to clean and healthy environment and other environmental rights therein, realisation of sustainable development and outlines national values and principles of governance which are geared towards protection of the human rights of all persons, environmental protection and the creation of a peaceful society. This paper argues that it is possible, in the application of some of the environmental conflict management mechanisms, to achieve undesired results that violate or fail to protect the rights of the target groups in a given conflict. The author offers insight on how the conflicts may be addressed in a way that upholds the various rights of groups in a conflict. The paper argues for adoption of a rights-based approach to environmental protection and conflict management.