ENVIRONMENTAL RIGHTS IN ETHIOPIA: SHIFTING FROM THEORY TO PRACTICAL REALIZATION

Desalegn Amsalu*

ABSTRACT

Influenced by developments in the international environmental rights law, most African countries now incorporate in their Constitutions or other major legal documents environmental rights for their citizens. The 1995 Federal Constitution of Ethiopia, its environmental policy, and all subsequent legislation also incorporate environmental rights that are in the major international environmental law conventions. These rights include the right to a clean and healthy environment, the right to access justice, as well as the right to information and public participation. However, the environmental rights that are included in the country’s Constitution, policies and laws are simply rhetorical. For example, in Addis Ababa, the country’s capital, residents suffer from such horrendous odour oozing out of the putrefaction of the environment. Consequently, children and even adults are affected by various diseases such as respiratory and skin infections. Some residents even abandon their homes, not being able to resist the pollution of their environment. The government’s lack of human resource capacity and appropriate technology to promote a healthy and safe environment; its preference of economic growth over environmental protection; environmental corruption; and poor responsiveness of the public, the policy makers, the executive, as well as the judicial organs such as the police and the court to environmental rights, are among the major causes of poor implementation. The article examines how environmental rights could be given due attention as an extension of basic human rights and as a tool for sustainable economic development.

Keywords: Environmental rights, theory, practice, factors for poor enforcement, Ethiopia.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.4

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* Desalegn Amsalu LLB (Hons), MA, and PhD (Addis Ababa University), currently legal researcher at Addis Ababa University, Ethiopia. Email: desalegn.amsalu@aau.edu.et. This work is done based on funding from Addis Ababa University under a thematic research award from 2014-2016. Any opinion, finding and conclusion or recommendation expressed in this article is that of the author only

SUSTAINABLE DEVELOPMENT LAWS IN ETHIOPIA: OPPORTUNITIES AND CHALLENGES OF THEIR IMPLEMENTATION

Teferi Bekele Ayana* and Wekgari Dulume Sima**

ABSTRACT

Despite the recognition of sustainable development in different legal documents and laws in Ethiopia, implementation in its fullest sense remains a key challenge. This article examines the place of sustainable development under the Federal Democratic Republic of Ethiopia (FDRE) Constitution and other national environmental laws. It discusses the challenges of promoting sustainable development in Ethiopia by reviewing the existing and relevant literature and assessing legal documents and commitments made by the country. The article recommends the working together of government as well as environmental and investment institutions to make coordinated and coherent efforts to advancing effective implementation of sustainable development and the realization of SDGs in Ethiopia.

Keywords: Sustainable Development, Constitution, Environmental Laws, Challenges

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.3

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* LL.B, LL.M, Editor-in-Chief of Oromia Law Journal, and Senior Legal Researcher at Oromia Justice Sector Professionals Training and Legal Research Institute. Email: bekele.teferi@yahoo.com

** LL.B, LL.M Candidate, Senior Legal Researcher at Oromia Justice Sector Professionals Training and Legal Research Institute. Email: wekgaridulume@yahoo.com.

TURNING FISH SOUP BACK INTO FISH: THE WICKED PROBLEM OF AFRICAN COMMUNITY LAND RIGHTS

Robert Home* and Faith Kabata**

ABSTRACT Africa’s postcolonial disputes over community land rights are a “wicked” problem, not evil, but resistant to resolution. This article investigates three such disputes in Kenya (Endorois, Ogiek and Nubian community) where the African Commission and Court of Human and Peoples’ Rights have determined in the communities’ favour but the implementation is not progressing, both because of opposition by the state and the complex and long-standing nature of the cases. The legal history of colonial trust lands and recent community land legislation is discussed, the three key cases are summarized, and issues of indigenous people’s status, admissibility and respondent government discussed in relation to the UN Declarations on Rights of Indigenous Peoples (1987), Right to Development (1986), and Land Issues (2009). Practical and political aspects of implementing the determinations are examined, and recommendations proposed.

Keywords: Indigenous people’s rights; Endorois; Ogiek; Nubian community; Kibera; land law reform; African Union enforcement.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.2

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* MA PhD MRTPI Emeritus Professor in Land Management, Anglia Ruskin University (UK). Email Robert.home@anglia.ac.uk.

** LL.B, LL.M LL.D Law Lecturer, Kenyatta University School of Law (Kenya) Email: kabata.faith@ku.ac.ke

MANAGING CONTINGENT LIABILITIES ARISING FROM PUBLIC PRIVATE PARTNERSHIP PROJECTS

George Nwangwu*

ABSTRACT

All public infrastructure projects, irrespective of how they are procured, managed and financed, generate future liabilities. This becomes even more apparent under the Public Private Partnership arrangement. A number of these liabilities are subject to a high degree of uncertainty regarding when they will arise and the financial exposure involved when they do, and are therefore said to be contingent. Contingent liabilities have the potential to undermine national macroeconomic policy and cause significant economic harm when they crystalize. This article examines the legal and institutional mechanisms available in Nigeria to manage these liabilities and suggests ways for designing a PPP delivery process with inbuilt mechanisms for identifying, mitigating, tracking, and managing them.

Keywords: Public Private Partnerships, Contingent Liabilities, Risk Mitigation

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.5

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* MBA (Oxford), PhD in Law (University of Hull), Former PPP Adviser, Federal Ministry of Finance, Government of Nigeria. Email: gnwangwu@gmail.com

THE NIGERIAN OIL AND GAS LOCAL CONTENT REGIME AND ITS (NON-)COMPLIANCE WITH THE TRIMS AGREEMENT

Uchenna Jerome Orji *

ABSTRACT

One major milestone for the Nigerian oil and gas industry was the enactment of the Nigerian Oil and Gas Industry Content Development Act in 2010. The Act establishes a comprehensive local content regime that enshrines legal measures which promote the patronage of Nigerian products and services by operators in the Nigerian oil and gas industry. This article examines the provisions of the Act and Nigeria’s obligations under the WTO’s Trade Related Investment Measures (TRIMS) Agreement with a view to determining whether the provisions of the Act are in violation of Nigeria’s obligations under the TRIMS Agreement. It also examines whether any exemptions can justify the derogation of Nigeria’s obligations under the TRIMS Agreement. The article finds that requirements under the Act constitute trade-related “investment measures” within the meaning of the TRIMS Agreement because such requirements are explicitly meant to apply to “all operations or transactions” connected with the oil and gas industry. This article also finds that some provisions of the Act are not in compliance with Nigeria’s obligations under the TRIMS Agreement. In particular, sections 10 (1), 11(1), and 12 of the Act which favour the use of local products and materials for projects in the oil and gas industry contravene Nigeria’s obligations under the TRIMS Agreement. The article further identifies exemptions which can justify Nigeria’s application of oil and gas industry local content measures that derogate obligations under the TRIMS Agreement. In this regard, the article suggests that the exemptions under Article 4 of the TRIMS Agreement, which permit a WTO member whose economy is in the early stages of development and can only support low standards of living to temporarily apply local content measures, can be applied by Nigeria to justify the oil and gas industry local content measures under the Act for the purpose of promoting economic development and improving living standards in the country.

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* LL.B (Hons.), (University of Nigeria); LL.M (University of Ibadan); PhD (Nnamdi Azikiwe University Nigeria) Barrister and Solicitor of the Supreme Court of Nigeria.

ADDRESSING THE ENERGY CONSUMPTION ECONOMIC GROWTH NEXUS: THE NIGERIAN CASE

Omolola Olarinde* and Abraham Adeniran**

ABSTRACT

Energy is critical to the survival and expansion of any economy. In Nigeria, energy consumption has been skewed towards household use, and below thresholds for sector-driven growth. The article updates, in time and methodology, those studies highlighting the significance of energy use for economic growth, using the Bound test and the Auto Regression Distributed Lag (ARDL) to establish the long- and short-run relationships between disaggregated energy consumption and economic growth in Nigeria from 1990 to 2016. The variables considered are real GDP, energy consumption decomposed into electricity and petroleum consumption, labour and capital. The findings show that, in the short and long run, petroleum consumption and labour have a significant positive relationship with GDP. Furthermore, the causality results show that feedback causation between economic growth and energy consumption as well as labour exists, while one-way causation runs from labour to economic growth. The study recommends diversification of the power-generation portfolio in the country, as this will improve energy consumption. Also, full deregulating policies in the energy sector would encourage industrialization and move energy demand towards increasingly productive uses. Finally, a strong institutional framework is needed to ensure energy policies achieve their objectives and targets.

Keywords: Energy Consumption, Economic Growth, Industrialization, Error Correction.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.6

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* Lecturer, Department of Economics, Elizade University, Ilara-Mokin, Ondo State & Research Fellow, Institute of Oil Gas, Energy, Environmental and Sustainable Development, Afe Babalola University. Email: omolola.olarinde@elizadeuniversity.edu.ng.

** Associate Research Fellow, Institute of Oil Gas, Energy, Environmental and Sustainable Development, Afe Babalola University

ADVANCING ELECTRONIC VOTING SYSTEMS IN NIGERIA’S ELECTORAL PROCESS: LEGAL CHALLENGES AND FUTURE DIRECTIONS

Obinne Obiefuna-Oguejiofor*

ABSTRACT

This article aims to examine the legal and policy challenges associated with adopting an electronic voting (e-voting) system in Nigeria’s electoral process. Nigeria, Africa’s largest democracy, has for many years been held down by issues of election fraud, thuggery, violence as seen in past manual elections in the country. The article argues that, if properly implemented and financed, e-election offers great promise and potential as the panacea for voter fraud in Nigeria’s electoral system. First, it examines the theoretical, legal and constitutional basis for e-voting. Second, drawing lessons from other jurisdictions, it analyses practical challenges for the implementation and adoption of an e-voting system in Nigeria. These challenges include the possible compromise of e-voting devices, by viruses or other malicious software; manipulation by people with privileged access to the system, either system developers, system administrators or malicious hackers; denial-of-service attacks (attacks that result in the e-voting facility being disabled or otherwise unavailable for voters to use); lack of adequate supervision mechanisms; and the difficulties of proving electronic attacks in courts of law among other things. Many of these problems are beyond the contemplation of and, therefore, are unaddressed by Nigeria’s Electoral Act, making the law currently incapable

OIL PRODUCTION AND HOST COMMUNITY RELATIONS IN NIGERIA: THE LIMITS OF THE UTILITARIAN APPROACH

Lola Ayotunde*

ABSTRACT

While resource extraction generates enormous revenue for resource-rich countries such as Nigeria, it could also engender human rights violations in host communities. This article explores the efficacy of the prevailing utilitarian approach to oil and gas management in Nigeria. The utilitarian calculus is applied to Nigeria’s oil and gas management to demonstrate how the utilitarian theory substantially influences the decisions of the Nigerian government. Although utilitarianism posits that the happiness of the majority is the primary objective of governance, this is arguably not a viable reason to violate the rights of the minority Niger Delta communities for the economic gains of the majority of Nigerians. As an alternative to the ineffective and unsustainable utilitarian resource management approach, this article discusses the importance of the human rights-based approach to resource management.

Keywords: Utilitarianism, Oil and Gas, Niger Delta, Human Rights, Corporate Social Responsibility.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.8

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* PhD student at the College of Law, University of Saskatchewan, Canada. She holds a master’s (LL.M) degree in Sustainable Development Law from the same University and was called to the Nigerian Bar in 2012. The author is a member of the Law and Society Association and student member of the Saskatchewan Law Society

THE TREASURY SINGLE ACCOUNT AND THE SEARCH FOR EFFECTIVE REVENUE MANAGEMENT IN NIGERIA’S OIL AND GAS SECTOR

Law Amadi* and Peter Chukwuma Obutte**

ABSTRACT

The Treasury Single Account (TSA) policy was designed to block revenue loopholes, promote transparency and accountability, prevent mismanagement of government’s revenue, unify government bank accounts, improve the processing of payments and collections, and reduce borrowing costs. It aims to ensure complete, real-time information on cash resources and improves operational and appropriation’s control. Despite its clear conceptual aims, its practical implementation has been fraught with several legal challenges and questions. This article examines the concept and historical origin of TSA in Nigeria as well as its application in petroleum revenue management with a view of determining its legality and constitutionality. The article further considers whether the application of TSA had occasioned conflict or confusion between the Federation Account and the Consolidated Revenue Fund as provided under the 1999 Constitution of the Federal Republic of Nigeria, as amended in the aftermath of the reform. It argues that TSA is not an account, but a policy nomenclature directed towards the compliance with sections 80 (1) and 162 (1) of the 1999 Constitution as amended. Although it is currently not provided for in any law or the Constitution, the article insists that the constitutionally recognized accounts for the payment of revenue are the Federation Account and the Consolidated Revenue Fund. TSA is a good and effective policy for the management of petroleum revenue. The article recommends a robust legal and institutional reform to secure its legality, continuity and sustainability. It urges the legislature to review some of the laws and amend the Constitution to entrench TSA in the legal regime.

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* LL.B (RSU), BL (Lagos), LL.M (Ibadan), Doctoral candidate, Center for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, Nigeria.

** LL.B (Ibadan), BL, LL.M (Ife), Cert. Antitrust (Fordham), Sp. LL.M, LL.D (Oslo). Ag Head, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan

STAY OF PROCEEDINGS PENDING ARBITRATION: PROTECTING THE INTERESTS OF THIRD-PARTIES TO ARBITRATION IN NIGERIA

Taofeeq N. Alatise*

ABSTRACT

Courts have the power to stay proceedings pending arbitration. In Nigeria, the enabling statute regulating commercial arbitration is the Arbitration and Conciliation Act of 1988. Sections 4 and 5 of the Act contain two similar but conflicting provisions regulating the stay of proceedings. These sections of the law are a product of a common ground found in two different legislative texts. While section 4 leveraged on the provision of Uncitral Model Law on Arbitration, section 5 is influenced by Arbitration Act of 1914. This dichotomy between the histories of the two sections partly accounts for the controversies and difficulties in the interpretation and application by courts and scholars. This article examines the scope of sections 4 and 5 of the Act by identifying the real object of the law and the flaws in its current interpretation. The article considers the American experience, especially, the attitude of courts in granting a stay of proceedings and whether a stay can be granted in a suit against a non-party to the arbitration agreement. Unlike arbitration laws in the United States, one key gap in Nigerian arbitration law is its failure to contemplate stay of proceedings in a suit against a non-party to an arbitration agreement. In addition to identifying the need for urgent legal reforms that accommodate third-party stay pending arbitration, this article recommends that Nigerian courts, like their counterparts in developed jurisdictions, should adopt a more proactive approach by evolving innovative ways in deciding suits involving third parties to arbitration agreement and stay proceedings pending arbitration in appropriate cases to prevent parties from avoiding arbitration by suing a third-party, in line with the global best practices.

Keywords: Arbitration, Stay of Proceedings, Third Party.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.11

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* LL.M (Ilorin) Legal Practitioner based in Ilorin, Kwara State, Nigeria. Email: alatise.taofeeq@yahoo.com

THE LAND USE ACT AND LAND ADMINISTRATION IN 21ST CENTURY NIGERIA: NEED FOR REFORMS

Akintunde Otubu*

ABSTRACT

Land administration is important in the sustainable use and management of land. Despite its importance, however, the administrative structure under the Nigerian Land Use Act is inconsistent and devoid of clarity of functions and purpose. This article examines the administrative structure under the Land Use Act, focusing on its effectiveness in light of the general principles and policy that motivated the promulgation of the Act. Given the observed lacuna and inconsistency in the administration of the Act, the article calls for legislative intervention to review its provisions. It also recommends a uniform right of occupancy regime, single administrative structure for land administration in the country, and a repeal of the governor’s adjudicatory powers in the Act.

Keywords: Land, Land Administration, Right of Occupancy, Constitution, Reforms

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.5

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* PhD, Senior Lecturer, Department of Private & Property Law, Faculty of Law, University of Lagos, Akoka, Lagos, Nigeria. Email: bullet20042003@yahoo.com. Tel: +2348023253416. The author is grateful to the Trustees of Femi Okunnu Research Grant in Property Law in Nigeria for providing the funds for this research.

MUCH ADO ABOUT FOOD SAFETY REGULATION IN NIGERIA

Jane Ezirigwe*

ABSTRACT

About 1 in 10 people in the world fall sick after eating food contaminated through improper farming, processing, preservation and services. In Nigeria, more than 200,000 persons die of food poison annually, caused by contaminated foods. The cost of illnesses associated with foodborne diseases in Nigeria is estimated at US$ 3.6 billion per annum. Though there is poor data collection on foodborne outbreaks, evidence exists to show that these contribute to ill health and death in the country as well as reduce productivity and economic growth. Studies and existing facts reveal that law makers, enforcement officers, regulators, food handlers and even the consuming public do not take food safety very seriously. This article examines the varied cases of foodborne outbreaks in Nigeria with the aim to assess the role and ambit of food safety regulations in Nigeria. It seeks to determine whether the present regulatory framework permits adequate regulation of the informal sector that serves the majority of the Nigerian consumers. While observing various challenges that may be encountered by the regulators, it offers recommendations on issues that require legislative reforms and pragmatic approaches in tackling the regulatory challenges. It concludes that the intergovernmental and the multi-agency cooperation envisaged by the National Policy on Food Safety and its Implementation Strategy, 2014, will be better achieved if the definition of “food” in the food laws are extended, in line with best practices and current realities, to allow for comprehensive regulation and coordination of the food chain system.

Keywords: Food Safety, Foodborne Illnesses, Food Regulation, Food Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.6 * LLB (Hons.) Abuja, LLM (London), MBA (EBS),

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* LLB (Hons.) Abuja, LLM (London), MBA (EBS), Research Fellow, Nigerian Institute of Advanced Legal Studies. Doctoral Scholar, University of Cape Town, South Africa. email: ezirigwejane@gmail.com

TROPHY HUNTING: TO BAN OR NOT TO BAN? LEGAL PATHWAYS FOR ZIMBABWE IN THE AFTERMATH OF CECIL THE LION

Precious G. Makuyana*

ABSTRACT

This article examines the legal framework and tools for achieving sustainable trophy hunting in Zimbabwe. Trophy hunting is part of wildlife tourism, in which wealthy tourists visit Zimbabwe to hunt for a unique, iconic wildlife with desirable phenotypic characteristics at a very high cost. The trophy hunting system was developed to achieve the tripartite objectives of conserving wildlife; providing local communities with economic opportunities and income; and incentivizing local communities to support environmental conservation initiatives. This article, however, highlights the blurred lines between the purported sustainable trophy hunting and its unsustainable implementation which now resembles “legal poaching.” This dichotomy was heightened by the killing of Cecil the Lion, a tourism icon in Zimbabwe when it was not listed under the quota system for trophy hunting. The wellintentioned legal frameworks on sustainable trophy hunting in Zimbabwe are weakened by broad exceptions that render them toothless to achieve the intended tripartite sustainability objectives. As demonstrated in this article, these tripartite objectives can be fulfilled by effective enforcement mechanisms that do not currently exist. Proposals are recommended to promote these objectives through reformation of the existing legal frameworks. The option to ban trophy hunting is examined through a socioeconomic analysis in Zimbabwe to determine whether it would be possible to support a complete ban. Zimbabwe’s current socioeconomic realities confirm that banning trophy hunting would be unlikely as doing so would devastate the tripartite objectives. Undertaking effective and sustainable policies is the more effective path for Zimbabwe at this time.

Keywords: Sustainability, Trophy Hunting, CITES; CAMPFIRE, Zimbabwe

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.7

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* JD Candidate, College of Law, Florida A&M University, United States. Email: precious1.ndebele@famu.edu

TOWARDS AN EFFECTIVE CATTLE GRAZING AND REARING LEGAL FRAMEWORK: AN IMPERATIVE FOR ENVIRONMENTAL PROTECTION

Tolulope Ogboru* and Oluwatoyin Adejonwo-Osho**

ABSTRACT

When scholars write about environmental degradation in their publications, they hardly mention cattle grazing and rearing as one of its causes. Nevertheless, this activity, which has impacted the environment adversely, is a direct cause of land degradation, threatens the resources and ecosystem’s services that biodiversity provides, and is a threat to the Sustainable Development Goals (SDGs), particularly SDG 15. Livestock pastoralism has intensified in Nigeria in recent times, leading to greater environmental concerns and conflicts over access to natural resources. A close scrutiny of Nigeria’s municipal laws shows the absence of any statute that provides for the protection of the environment from this economic activity except the recent anti-open grazing laws enacted by some states. This seems to account for the unsustainable management of cattle grazing lands among other factors. The recent conflicts, killings and destruction of properties between herdsmen and farmers in Nigeria is one of the consequences of ineffective management of access to natural resources (land) and an ineffective regulatory framework for addressing the environmental degradation resulting from unregulated grazing, which are both exacerbated by climate change. An effective cattle grazing legal framework, it is argued, is imperative to complement existing environmental laws in addressing the environmental challenges occasioned by cattle grazing and ongoing tensions.

Key words: Nomadic Pastoralism, Pastoralist, Transhumance, Ranching, Grazing Reserve

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.4

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* PhD, Lecturer, Faculty of Law, University of Jos, Nigeria. Email address: ogboruit@yahoo.com.

** PhD, Lecturer, Faculty of Law, University of Lagos, Nigeria. Email address: oadejonwoosho@yahoo.com.

THE SEARCH FOR SUSTAINABLE EDUCATION IN POST-COLONIAL AFRICAN STATES

Aare Afe Babalola*

INTRODUCTION

The Director of the African Studies Centre and Rhodes Professor of Race Relations, Professor Wale Adebanwi; members of the Senior Leadership Team of Oxford University here present; distinguished faculty, staff and students; ladies and gentlemen. I consider it a great honour to be invited to deliver this lecture at the world’s leading centre for the study of Africa – the Oxford African Studies Centre. All noble and self-respecting Africans, including my humble self, have reasons to be exceedingly proud of the great work that this Centre has championed since its establishment, most especially its vision to consolidate the rich and important relationship between the continent of Africa and the prestigious Oxford University. Oxford University has, over the past century, nurtured some of Africa’s most prominent leaders. As you know, the long list includes John Kufour, former President of Ghana, Pixley Ka Isaka Seme (1881 – June 1951), the intelligent South African who founded the African National Congress in the early 20th century; Bram Fischer, the antiapartheid activist and lawyer who defended Nelson Mandela at his treason trial; and of course Nigeria’s most famous Oxford University graduate, Dim Emeka Odumegwu Ojukwu. It may also interest you to know that on my entourage today is Professor Damilola Olawuyi, an Oxford Doctorate in Law graduate, and a Professor of Law at Afe Babalola University

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.8

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* OFR, CON, SAN, LL.D, FNAILS, FCI.Arb. President Emeritus and Founder, Afe Babalola University, Ado Ekiti. This keynote lecture was delivered on 1 May 2018 at the African Studies Centre, School of Interdisciplinary Area Studies, University of Oxford, United Kingdom.

RECONCILING HUMAN RIGHTS AND THE ENVIRONMENT: A PROPOSAL TO INTEGRATE THE RIGHT TO FOOD WITH SUSTAINABLE DEVELOPMENT IN THE 2030 DEVELOPMENT AGENDA

Ana García Juanatey*

ABSTRACT

This article examines the utility of the human rights-based approach (HRBA) in tackling environmental challenges that face achievement of the right to food in coming decades. So far, such approach has been quite useful in the consideration of equity, discrimination and accountability issues. Nevertheless, the HRBA’s utility to tackle the effects of environmental degradation, natural resources depletion and climate change on food security is not that clear, as human rights law and practice has evolved in parallel with environmental concerns until recently. Therefore, this article poses the following question: is the human rights-based approach to food security sufficient to address the environmental problems and constraints that infringe directly on the right to food implementation? And, how can we integrate the needs of future generations in current human rights-based policies and deal with the tradeoffs between present and future needs? This article examines how last years’ international legal literature has portrayed the linkages between the environment and human rights, principally in relation to the right to food. Moreover, it also intends to explore possible avenues of convergence, pinpointing opportunities to connect the right to food and sustainable development in the context of the 2030 Agenda. In more concrete terms, it suggests that a greater integration between the right to food and a set of principles of sustainable development law may open new avenues for research and advocacy on the right to food.

Keywords: Human Rights, Environment, Right to Food, Human RightsBased Approach, Sustainable Development, Sustainable Development Law

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.2

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* PhD (Universitat Pompeu Fabra), Visiting Professor at Universitat Pompeu Fabra and Research Fellow at Institut Barcelona d’Estudis Internacionals (IBEI). This article is based on the research conducted at the Food and Agricultural Organization (FAO) between January and March 2015. I thank Juan Carlos García Cebolla and the rest of the Right to Food Team for their warm welcome and help during that period. Part of the views reflected in this article are included too in my PhD thesis entitled, “An Integrated Approach of the Right to Food and Food Security in the Framework of Sustainable Development” (Universitat Pompeu Fabra, 2016), supervised by Professor Ángel J. Rodrigo Hernández.

ADDRESSING GENDER GAPS IN AGRICULTURAL PRODUCTIVITY IN AFRICA: COMPARATIVE CASE STUDIES FROM TANZANIA, MALAWI AND UGANDA+

Asa Torkelsson* and Francis Onditi**

ABSTRACT

This article examines why, in most African countries, women farmers achieve lower productivity in agriculture than men. It contributes to this debate by interrogating whether or not addressing gender gaps in agricultural production significantly contributes to socio-economic well-being (resilience) of women as well as the gross domestic product (GDP). The Living Standards Measurement Studies-Integrated Survey for Agriculture projects was adopted to produce estimates for three countries in Sub-Saharan Africa (Malawi, Tanzania and Uganda). The article draws from a research report and collaborative study by UN Women with UNEP and World Bank. The result shows that although female farmers individually manage slightly more than 25 per cent of all plots in Malawi and Uganda and about 20 per cent of all plots in Tanzania, Malawi shows the largest difference in mean productivity where women’s plots are, on average, 28 per cent less productive than men’s while Tanzania and Uganda reported 16 per cent and 13 per cent gender gaps, respectively. This result implies that the importance of other productive resources other than access to land may be key – for instance, the need to tackle constraints related to women’s access to “household male labour” and policies that help women farmers to access labour-saving technologies. Keywords: Land Access, Gender, Agricultural Productivity, Malawi, Tanzania, Uganda.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.3

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* PhD, Country Representative, United Nations Population Fund (UNFPA), in Dhaka, Bangladesh.

** PhD, Senior Lecturer & Head of Department, School of International Relations & Diplomacy, Riara University, Nairobi Kenya. He specializes in African Affairs in International Relations.

+ This article expresses the views of the authors and not the institutions to which they are affiliated. This article draws from a research report and collaborative study by UN Women Eastern and Southern African Office (ESARO) with UNEP and World Bank. The findings and policy options have been published in UN Women, UNEP and World Bank (2015), but this is the first specific focus on access to land and other factors of agricultural production. One of the authors of this article (Dr Asa Torkelsson) was part of the lead team of investigators on the original research report. We have collaborated very closely with UNDP-UNEPPEI and World Bank on this assignment. Authors of this article wish to express special acknowledgements to Moa Westman and David Smith of UNDP-UNEPPEI and Niklas Buehren and Markus Goldstein of the World Bank. We are also indebted to UN Women Country Representatives, Ms. Clara M. Anyangwe (Malawi), and Hodan Addou, Uganda/Tanzania for inputs.