The International Center for Environmental, Social and Policy Studies (ICESPS) was established in 1996 as a Non –Partisan and Non- Profit Non Governmental Organization addressing Environmental, Social and Sustainable Development issues. ICESPS has overtime established various departments addressing diverse issues on the above areas. In it’s commitment to the environmental management and sustainable development, the organization has been in the process of establishing the Legal Free Aid Programme which is now fully established with the primary focus of provision of legal aid, environmental monitoring, education, advocacy and research.

Proposal Background

Environmental rights and protection thereto are some of the areas that are not well addressed locally and even internationally. Africa is coupled with civil strives and economic hardships which tends to put the governments and the inhabitants not to look at environmental concerns as of any priority due to quest for survival. This has not only led to depletion of natural resources but also severe degradation of the environment through especially human activities on it.
As much as many NGOs have tried to fight for environmental protection, it appears that unlike human rights advocacy whereby legal actions have been successfully undertaken, environmental rights have long been ignored. We have not had a serious NGO that is focusing on assisting the poor and the affected to institute free legal actions against those involved in environmental degradation.
ICESPS Legal Aid Programme has come up with the department to address the issues so that the disadvantaged and the affected may realize their environmental rights through free legal representation.

Problem Statement

Communities and large number of people are frequently denied access to justice in the survival and management of their environment. The cost of legal and judicial services is high, a situation which is worsened by the high incidences of poverty, lack of awareness of their environmental rights and corruption practices.

Critical Problems include:-

• Deforestation due to open-up of farming and construction space.
• Destruction of water catchment areas.
• Poorly planned urban construction and general infrastructure.
• Poor dumping systems and general waste management systems.
• Water pollution and poor sanitation.
• Air pollution.
• Expansion of urban slums.
• Land degradation and contamination.
• Desertification.
• Political interference/corruption
• Inexperienced local authorities.

ICESPS Legal Aid Programme Mission

ICESPS realizes that people depend on their environment for survival and for development and unless critical issues affecting their environment negatively are positively addressed, degradation effects will lead to overall poverty and underdevelopment. This will subject majority to poor conditions of living worse than experienced now. The Kenya Government Economic Recovery for Wealth and Employment Creation (ERWEC) articulates the need to maintain the environment and utilize the natural resources sustainably for achieving economic development goals:

Main Objectives

ICESPS with other stakeholders wishes to establish a free legal aid programme which will access the poor with the expertise and resources to institute legal actions aimed at protecting their interests and the environment.

Other Objectives

• To improve the legal status of the environment.
• To enhance public awareness of environmental issues.
• To increase access to justice for the poor and the disadvantaged.
• To enhance commitment to influence legislation that protects the environment.
• To enhance institutional capacity to monitor government compliance with International Conventions and Treaties and other environmental protection instruments.
• To strengthen efforts to increase participation of people in entrenching legal order that promotes environmental protection.
• To demonstrate how policy advocacy and grassroots sensitization, enhance people’s ability to protect their environment.

ICESPS Legal Aid Programmes

The programmes include among others the following:-

• To offer quality legal services to the disadvantaged groups within the critical ecosystems.
• Create awareness of legal environmental rights and how to claim them.
• Research, monitor and report on environmental degradation issues.
• Lobby and advocate for reforms of laws and policies that lead to environmental degradation.
• Undertake transformative public interest litigation whose impact can lead to amendments of weak environmental protection laws.

Projected Outcomes

It is expected that during the implementation process there shall be:-

• Overall improvement in environmental protection.
• The affected people and communities shall realise their rights on their environment and lead to mutual co-existence without the environmental conflicts that arise.
• Climate changes will be minimal as the ecosystem shall be maintained/balanced.
• Land degradation shall have been controlled due to preservation of forests, stoppage of contaminating the soils.
• Marine environment protected due to limited land based activities.
• International Treaties and Conventions legally interpreted and well implemented for the protection of the environment.
• Existing Rules and Regulations shall be strengthened to ensure that they are enforced to the letter.
• Urban development shall be done according to the plans.
• There will be in waste management systems that are environmental friendly.

Duration

This will be a continuous exercise due persistent environmental problems. We have rampant violation of established Rules and Regulations aimed at protecting the environment.

Requirements

The organization currently has a number of experienced lawyers in environmental law supported by a number of volunteers, paralegals and other policy analysts.
ICESPS Legal Aid Programme may require both cash and in kind in form of a small grant for effectively handling the various issues critical to the environment that are arising hence the basis of this proposal this proposal.

Conclusion

Environmental protection is the effort of all for all and by all. This is the only way we shall protect the planet earth and beyond. Action need to be taken now and not only rhetoric words.