Institutions, Legislation and

Supporting Global Protocols that Address Atmospheric Conservation

Background
Definition: Atmosphere has been defined as the envelop of gaseous matter
enveloping the world and a key component and system in supporting life on
Earth. This support to life and life systems is through the following atmospheric
components and capabilities;

Through the water cycle (vapor) condensation and eventual precipitation are mad
e possible by atmospheric processes.

In line with the water cycle (hydrological), Atmospheric pollution has in been
blamed for the occurrence of acid rain notably when huge amounts of Carbon
Dioxide gas are emitted into the atmosphere thereby leading to the creation of
weak carbonic acid and eventually acid rain. Sulphur and Nitrogen Oxide emitting
industries have been blamed for the formation of acid rains too, which have
devastating effects on the terrestrial and marine-fresh water life systems.

Atmospheric pollution in some of the worlds industrialized and or heavily

motorized cities such as New Mexico City and Beijing has made them be
characteristic in smog and haze that serve to create visual blights. In severe
cases of atmospheric pollution, the same has been known to induce temperature
invasions that have devastating health repercussions.
The continued emission of green house gases notably Carbon Dioxide, Nitrogen
Oxides; methane etc has led to disruption of natural atmospheric temperature
regulation processes. This has come as a result of the modification of these
processes by the green house gases that tend to trap radiation in the upper
atmospheres (long wave terrestrial radiation from earth to space) thereby
‘locking’ in the heat instead of allowing it to naturally dissipate into space and in
the process leading to increases in temperatures – Global warming. The
continued increase in temperatures across the globe has led to near catastrophic
consequences such as disruption of weather patterns, the frequent disruption of
ocean waters heating systems notably in the equator bound sections of the
Pacific Ocean leading to the occurrence of phenomenons such as El Nino.

The release of Chloro-Fluoro Carbons (Carbons that contain Fluorine and other
members of the Halogen group) generally known as CFC’s, has led to the
destruction of the ozone layer. This has been proved by scientific measurements
of depleted Ozone levels in the upper atmospheres and the detection of an
Ozone layer over Halley’s bay (U.K) in the Southern hemisphere. This has
exposed earth systems to the dangers of the sun’s harmful Ultra-Violet radiations
notably type B radiation. As a result, fears of skin cancers, gene mutations,
destruction of material notably plastics etc are becoming real.

The uniqueness of atmosphere based pollution is that it transcends international

borders in that pollution from the developed world will have global wide
repercussions even to the non-pollutant nations. The drifting patterns of wind
systems tend to take atmospheric pollution to areas that never created the
pollutant cells in the first place. A good example of this reality is the events
following the Chernobyl nuclear disaster in Ukraine, then Soviet State (USSR),
where radioactive materials were picked in the West.

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As a result of these emerging trends and concern, Environmental conservation
has become a global concern owing to the internationalized context of its
occurrence.

Institutions
In Kenya, the single institution that explicitly deals with atmospheric related
matters from legislation through implementation of international accords,
convections and protocols, is the National Environmental Management Authority
(NEMA). Established under the Environmental Management and Coordination
Act (EMCA 1999), NEMA serves as a watch dog against environmental pollution.
One of the tolls that facilitate this is the Environmental Impact Assessments
(EIA).

At the Governmental level, the Ministry of Environment (MOE) is mandated with

policy formulation as regards Environmental (including Atmospheric)
consciousness. The ministry issues guidelines for the adoption or implementation
of international protocols and accords and mandates NEMA to oversee the
actualization of these. One of the strategies that the Ministry uses is gradual cut-
over strategy, where quota imports of ‘red products’ is allowed at diminishing
scales till they culminate in a total ban.

At the global level, a number of organization deal with atmospheric preservation

though mostly on a sectoral basis. However, the oversight mandate is with the
United Nations Environmental Programme (UNEP) which is the chief global
policy champion on environmental matters including matters pertaining to the
atmosphere.

Legislation
Environmental Management and Coordination Act (EMCA 1999) In Kenya, EMCA
is operational-ized by NEMA and within the context of Atmospheric conservation,

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NEMA does so in the light of local even international conventions of which the
Kenyan government is a signatory to. E.g. the Montreal Protocol that demands
the total phase out of CFC’s by the year 2040. This came in the wake of the
realization that, CFC’s notably those of the halogen family tend to be stable at
the lower atmospheres and thereby manage to rise into the higher atmospheres
where the suns Ultra Violet radiation induces them to break up and thereby
igniting a chain reaction between the highly aggressive CFC’s and the Ozone
leading to destruction of the ozone layer and consequent increased risk of
exposure of the earth systems to the dangerous UV-B.

In the Kenyan context, the role of NEMA as an enforcing agent came into light
with the gazettement of Regulations governing ozone depleting substances in
May 2007, and the government’s intent to reduce import quotas till they
culminate in a total ban in 2009. Under the ozone depleting substances (ODS) all
importers, exporters, transporters and producers of refrigerators in Kenya were to
obtain permits from NEMA.

Through NEMA, Kenya has been domesticating some of the international

treaties, conventions and protocols notably through the Global Environment
Facility (GEF) and UNEP. For instance, it has banned the importation of a
number of persistent organic pollutants (POPs) apart from DDT though it has not
imported it since 1985.

Supporting Global Protocols

1. The Kyoto Protocol

Article 2

1. Each Party included in Annex I, in achieving its quantified emission limitation

and reduction commitments under Article 3, in order to promote sustainable
development, shall:

(a) Implement and/or further elaborate policies and measures in accordance with

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its national circumstances, such as:

(i) Enhancement of energy efficiency in relevant sectors of the national economy;

(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not
controlled by the Montreal Protocol, taking into account its commitments under
relevant international environmental agreements; promotion of sustainable forest
management practices, afforestration and reforestation;

(iii) Promotion of sustainable forms of agriculture in light of climate change

considerations;

(iv) Research on, and promotion, development and increased use of, new and
renewable forms of energy, of carbon dioxide sequestration technologies and of
advanced and innovative environmentally sound technologies;

(v) Progressive reduction or phasing out of market imperfections, fiscal

incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting
sectors that run counter to the objective of the Convention and application of
market instruments;

(vi) Encouragement of appropriate reforms in relevant sectors aimed at

promoting policies and measures which limit or reduce emissions of greenhouse
gases not controlled by the Montreal Protocol;

(vii) Measures to limit and/or reduce emissions of greenhouse gases not

controlled by the Montreal Protocol in the transport sector;

(viii) Limitation and/or reduction of methane emissions through recovery and use
in waste management, as well as in the production, transport and distribution of
energy;

2. The Parties included in Annex I shall pursue limitation or reduction of

emissions of greenhouse gases not controlled by the Montreal Protocol from
aviation and marine bunker fuels, working through the International Civil Aviation
Organization and the International Maritime Organization, respectively.

Article 6

1. For the purpose of meeting its commitments under Article 3, any Party
included in Annex I may transfer to, or acquire from, any other such Party
emission reduction units resulting from projects aimed at reducing anthropogenic
emissions by sources or enhancing anthropogenic removals by sinks of
greenhouse gases in any sector of the economy, provided that:

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(a) Any such project has the approval of the Parties involved;

(b) Any such project provides a reduction in emissions by sources, or an

enhancement of removals by sinks, that is additional to any that would otherwise
occur;

(c) It does not acquire any emission reduction units if it is not in compliance with
its obligations under Articles 5 and 7; and

(d) The acquisition of emission reduction units shall be supplemental to domestic

actions for the purposes of meeting commitments under Article 3.

Article 12

1. A clean development mechanism is hereby defined.

2. The purpose of the clean development mechanism shall be to assist Parties

not included in Annex I in achieving sustainable development and in contributing
to the ultimate objective of the Convention, and to assist Parties included in
Annex I in achieving compliance with their quantified emission limitation and
reduction commitments under Article 3.

3. Under the clean development mechanism:

(a) Parties not included in Annex I will benefit from project activities resulting in
certified emission reductions; and

(b) Parties included in Annex I may use the certified emission reductions accruing
from such project activities to contribute to compliance with part of their
quantified emission limitation and reduction commitments under Article 3, as
determined by the Conference of the Parties serving as the meeting of the
Parties to this Protocol.

4. The clean development mechanism shall be subject to the authority and

guidance of the Conference of the Parties serving as the meeting of the Parties
to this Protocol and be supervised by an executive board of the clean
development mechanism.

5. Emission reductions resulting from each project activity shall be certified by

operational entities to be designated by the Conference of the Parties serving as
the meeting of the Parties to this Protocol, on the basis of:

(a) Voluntary participation approved by each Party involved;

(b) Real, measurable, and long-term benefits related to the mitigation of climate
change; and

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(c) Reductions in emissions that are additional to any that would occur in the
absence of the certified project activity.

6. The clean development mechanism shall assist in arranging funding of

certified project activities as necessary.

7. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, at its first session, elaborate modalities and procedures with the
objective of ensuring transparency, efficiency and accountability through
independent auditing and verification of project activities.

8. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall ensure that a share of the proceeds from certified project activities
is used to cover administrative expenses as well as to assist developing country
Parties that are particularly vulnerable to the adverse effects of climate change to
meet the costs of adaptation.

9. Participation under the clean development mechanism, including in activities

mentioned in paragraph 3(a) above and in the acquisition of certified emission
reductions, may involve private and/or public entities, and is to be subject to
whatever guidance may be provided by the executive board of the clean
development mechanism.

10. Certified emission reductions obtained during the period from the year 2000
up to the beginning of the first commitment period can be used to assist in
achieving compliance in the first commitment period.

Under the Clean Development Mechanism (CDM), CDM projects in the

developing world can reduce carbon emissions and result in certificates that
companies in the developed world can buy to offset their omissions, in the
carbon market. As a requirement though, CDM projects have to be publicized on
the internet for comment. This is so that, the locals and the civil society can
express any reservations or draw attention to any untapped potentials.

Annex (Affected sectors)

Greenhouse gases
Carbon dioxide (CO2), Methane (CH4), Nitrous oxide (N2O), Hydrofluorocarbons
(HFCs), Perfluorocarbons (PFCs), Sulphur hexafluoride (SF6)

Sectors/source categories
Energy, Fuel combustion, Energy industries, Manufacturing industries and
construction, Transport

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Other sectors
Fugitive emissions from fuels, Solid fuels, Oil and natural gas, Industrial
processes, Mineral products, Chemical industry, Metal production
Production of halocarbons and sulphur hexafluoride
Consumption of halocarbons and sulphur hexafluoride
Agriculture: Enteric fermentation, Manure management, Rice cultivation,
Agricultural soils, prescribed burning of savannas, Field burning of agricultural
residues
Waste: Solid waste disposal on land, Wastewater handling, Waste incineration

2) The Montreal Protocol on Substances that Deplete the Ozone Layer,

adopted in Montreal on 16 September 1987. The Montreal Protocol has
191 signatories and seeks to phase ourt CFC’s by the year 2040. Protocol
demands the phasing out of Chloro-Floro Carbons (CFC’s) which are
listed under the Ozone Depleting Substances (ODS’s)

3) The Treaty On The Non-Proliferation

Of Nuclear Weapons
The importance of this treaty comes in the overall need to contain nuclear
development only to nations that have the capacity to deal with eventualities and
technological externalities. Memories of the Chernobyl disaster in Ukraine and
the resultant radioactive cloud are activated in the light of the Atmospheric
conservation. International Atomic Energy Agency in accordance with the Statute
of the International Atomic Energy Agency and the Agency’s safeguards system,
for the exclusive purpose of verification of the fulfillment of its obligations
assumed under this Treaty with a view to preventing diversion of nuclear energy
from peaceful uses to nuclear weapons or other nuclear explosive devices.

Article III
2. Each State Party to the Treaty undertakes not to provide: (a) source or special
fissionable material, or (b) equipment or material especially designed or prepared
for the processing, use or production of special fissionable material, to any non-
nuclear-weapon State for peaceful purposes, unless the source or special

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fissionable material shall be subject to the safeguards required by this Article.

4) Millennium Development Goals (MDG’s)

Goal number 7: Ensure Environmental Sustainability, and this goal is hinged on
the following targets:-
Target 1: Integrate the principles of sustainable development into country
policies and programmes and reverse the loss of environmental resources.

Target 2: Reduce biodiversity loss, achieving, by 2010, a significant reduction in

the rate of loss.

Target 3: Halve, by 2015, the proportion of the population without sustainable

access to safe drinking water and basic sanitation.

Target 4: By 2020, to have achieved a significant improvement in the lives of at

least 100 million slum dwellers

5) The Rio-Declaration
The United Nations Conference on Environment and Development (UNCED
1992) also refereed to as the Earth Summit, and held in Rio de Janeiro – Brazil,
has a number of sustainable development principles which are popularly refereed
to as Agenda 21 which is essentially a plan for use by governments, individuals,
and local authorities to implement the principles of sustainable development
contained in the Rio-Declaration. The document was adopted by 180 countries,
with the main issues including: _
Integrating trade and environment to make them mutually supportive. (Avoiding
the propulsion of one e.g. trade at the expense of the environment)

Improving the technologies for promoting greater use of environmentally sound

technologies that are resource efficient and generate minimal wastes.

Other Multilateral Environmental Agreements that Kenya has adopted include;

6) The Vienna Convention on the protection of the Ozone layer.

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 • The Stockholm convention on Persistant Organic Pollutants,
ratified by the Kenyan Government on 23rd Dec 2004. Theses POPs
posses toxic substances, resist degradation, bio-accumulate and
traverse international boundaries via air, water and migratory species.
The convention became International Law in May 2004. This
convention is closely tallied up with:-
• The Rotterdam Convention on the prior informed consent procedure
for certain hazardous chemicals and pesticides in international trade.
• The Basel Convention on the control of trans-boundary movement of
hazardous wastes and disposal.
• It re-affirms principle 16 of the Rio-Declaration on Environment and
Development on ‘Polluter pays principle’

7) The Convention on Biological Diversity, which is a product of Agenda

21 and aims to:-
Conserve biological diversity for its intrinsic value, provide for sustainable use of
its components and provide for fair and equitable sharing of the benefits arising
from utilization of these resources. One of these intrinsic values is the playing of
a checks role on run-away carbon Dioxide levels in the atmosphere. Its well know
that wetlands and forest lands hold up huge carbon stocks which would
otherwise be released into the atmosphere with negative reinforcements against
the natural atmospheric warming systems.

The United Nations Framework Convention on Climate Change (1992) which

establishes a framework of general principles and institutions. It recognizes that
the climate system is a shared resource whose stability can be affected by
industrial and green house emissions. The conventions objective is to stabilize
the green house gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system.

References

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 I. The Daily Nation Tuesday February 24th 2009.
II. ICRAF (2007): Transformation Quarterly; transforming lives and
landscapes, Issue number 9 April/June 2007
III. Waswa, F et al (eds) 2007: Environment and sustainable development; A
guide for higher education in Kenya, Vol 2. School of Environmental
Studies and Human Sciences, Kenyatta University.

By Mwalili Samuel Chaku

Email Address: pmsc.marcinko@gmail.com
WebLog Address: http://www.intrinsicmsc.blogspot.com

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