Assisting Communities Assess the Impacts of LAPSSET

The Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor Project, touted as the “first single gigantic, integrated, transformative and game-changer infrastructure project” the Government of Kenya has embarked upon is said to lead to an increase in the GDP by 3%. Whilst such growth has the potential of being extremely beneficial to the country there has been little discussion of the costs born by its citizens, in particular the communities around the infrastructure and extractive sites. 

In the ecological rich and culturally diverse Lamu archipelago, the site of the mega port, the hunter-gatherer, farming and fishing communities of the area are now witnessing the projects first stage of construction and questioning the benefits and costs of such a project.  In collaboration with its partner, Save Lamu, Natural Justice is working with an international natural resource economist to assist the communities in Lamu determine the potential costs of the port on their health, social and cultural well-being.

On the 11^thto 16^th October 2014, Members of Natural Justice Kenya and Natural Resource Economics travelled to Lamu to meet with various stakeholders, including Save Lamu, fishermen, business people and County Government representatives. The assessment will result in a report to be used by Save Lamu and members of the community in their discussions with Government to ensure a port that is beneficial to the community and environmentally sound.

Natural Justice presents on the Kenya Mining Bill 2013

From December 5-6th Natural Justice attended the Annual General Meeting of the Kenya Oil and Gas Working Group (KOGWG). KOGWG is a platform for stakeholder, Civil Society and community engagement on governance, sustainability and development issues in the oil and gas sector in Kenya. 

The first day was a policy review meeting to discuss the Mining Bill 2013 and Petroleum Act. To set up these discussions, presentations on the experiences of other countries in the region were given. Mohammed Athman from Save Lamu presented on his recent experiences in South Africa at the Natural Justice and Namati Land Symposium. Mohammed shared case studies of other communities across Africa who are struggling with similar issues, especially, how to put the law in people's hands. 

In the afternoon, Maya Sikand from Natural Justice gave a presentation on the current Kenyan Mining Bill. The presentation focused on human rights and environmental issues within the Bill, including consent, compensation, benefit-sharing and Environmental Impact Assessments. Notes from the group discussion on the Bill will be submitted as input from the Working Group.

Save Lamu Calls Upon NEMA to Refuse Issuance of ESIA License for Lamu Port

Save Lamu has called upon the National Management Environmental Authority (NEMA) to refuse the issuance of an Environmental and Social Impact Assessment (ESIA) License for a proposed Lamu Port, which environmentalists say will destroy delicate marine life and choke coral reefs and mangroves. A report by Reuters states that the Kenyan government is spear heading a $25.5 billion project to link landlocked South Sudan and Ethiopia to the Indian Ocean port of Lamu by constructing a major highway, a railway and an oil pipeline, which would take many years. The Kenyan government recently awarded a Chinese firm the first tender for the Lamu Port Project. Save Lamu has criticized the report published by the ESIA, citing lack of proper methodology, poor consultation, and inadequate mitigation plans. Researches acknowledged that the study was carried out in haste, overlooking numerous steps. Among many other concerns, marine surveys were not undertaken due the Ministry of Transport’s financial constraints.

Lamu Island falls within a UNESCO World Heritage Site. Its ecosystem has worldwide recognition as one of the richest along the coastline of East Africa. Its preservation and protection is a point of national significance, as well as an international concern. Other concerns, besides inadequate research, listed in Save Lamu’s petition to NEMA include inadequate assessment of project alternatives and a lack of comprehensive public consultation which is required under the Kenyan Constitution. Save Lamu’s petition to NEMA is available here.

Call for Comments on Lamu Port EIA by 16 April

The Business and Human Rights Resource Centre produces "On the Horizon", a practical bulletin on what is ahead in the field of business and human rights, five times a year. In the April 2013 issue, Save Lamu and Natural Justice made a contribution on the port element of the Lamu Port-South Sudan-Ethiopia Transport and Economic Development Corridor.

It reads: "Save Lamu would like to announce that on 19 March, the National Environmental Management Authority (NEMA) of Kenya called on members of the public to comment on the "Environmental and social impact assessment study report for construction of the first three berths of the proposed Lamu port and associated infrastructure" (EIA). Save Lamu urges human rights and environmental law practitioners and EIA experts around the world to read and comment on the EIA with respect to the proposed construction of the first three berths of the Lamu Port and transport corridor in Lamu District. Deleterious impacts on water quality, fisheries, mangroves, coral reefs, archaeological, historical and cultural sites, land ownership, induced risks (such as health and safety, influx of disease) are set out in the EIA. Construction has already commenced.

The environmental and social impact assessment is located here and comments can be directed to NEMA until 16 April. They should be sent to the Director General of NEMA at dgnema (at) nema.go.ke, and copied to Edward Menza, NEMA-Lamu at menzae (at) yahoo.com, and the Chair of the Public Complaints Committee at pcc.environment (at) gmail.com."