Africa, and how low soil resilience and low adaptive capacity increases the vulnerability of the soil to adverse impacts of climate change. There is need to enhance
application of sustainable soil management in order to restore and sustain the ability
of soil to provide provisioning (e.g. food production), supporting (e.g. biodiversity),
regulating (e.g. carbon capture, climate control), and cultural ecosystem services.
The Revised African Convention provides a wide scope of legal authority and
mechanism to address soil erosion, degradation, pollution, and damage to the
physical, chemical, or biological properties of soil. Its provisions resonate with the
Sustainable Development Goals, including SDGs 2, 6, 13, and 15.
Although African nations approved the Revised African Convention in 2003, the
Algiers Convention remains applicable for all nations that have not ratified to the
2003 Convention. This is based on article 34 of the Revised African Convention
which provides, with respect to its relationship with Algiers Convention, that
“between Parties which are bound by this (Revised African) Convention, only this
Convention shall apply.” The Revised Convention came into operation on 23 July
2016 upon attaining the 15th ratification by Burkina Faso. At the time of writing, the
Convention has 17 Ratifications, which is very low considering 44 out of 54 African
countries have appended signature. Widespread implementation of the valuable
provisions of the Convention will therefore remain low at 17 out of 54 African
countries. In addition, the Revision Convention does not have a direct correlation
with climate change, although climate regulation is a major function of soil, in terms
of sustainable soil management.
Based on the foregoing assessment, it is evident that continental level treaty law
recognizes the important place of sustainable soil governance, but that both the
Algiers and Maputo Conventions face implementation challenges. Thus this pathway will, by itself, not provide the needed window of opportunity for African
nations to prioritize soil governance towards sustainable outcomes where soils
provide balanced ecosystem services. In the next section, the chapter therefore
reviews how the global climate change framework through the Paris Agreement
could be utilized as a window through which African nations could prioritize action
on soils, by integrating this into their national climate change priorities. The focus is
on the role that NDCs can play.
4 Legal Nature of Nationally Determined Contributions
(NDCs) Under Paris Agreement and Utility to Soil
Governance
It is important point out that the Paris Agreement
46 in its provisions for NDCs has
modified the principle of common but differentiated responsibilities (CBDR).
Through article 4 of the Paris Agreement, the CBDR principle have evolved, in
46 United Nations, UNFCCC (2015) Paris Agreement.
22
R. Kibugi
application of sustainable soil management in order to restore and sustain the ability
of soil to provide provisioning (e.g. food production), supporting (e.g. biodiversity),
regulating (e.g. carbon capture, climate control), and cultural ecosystem services.
The Revised African Convention provides a wide scope of legal authority and
mechanism to address soil erosion, degradation, pollution, and damage to the
physical, chemical, or biological properties of soil. Its provisions resonate with the
Sustainable Development Goals, including SDGs 2, 6, 13, and 15.
Although African nations approved the Revised African Convention in 2003, the
Algiers Convention remains applicable for all nations that have not ratified to the
2003 Convention. This is based on article 34 of the Revised African Convention
which provides, with respect to its relationship with Algiers Convention, that
“between Parties which are bound by this (Revised African) Convention, only this
Convention shall apply.” The Revised Convention came into operation on 23 July
2016 upon attaining the 15th ratification by Burkina Faso. At the time of writing, the
Convention has 17 Ratifications, which is very low considering 44 out of 54 African
countries have appended signature. Widespread implementation of the valuable
provisions of the Convention will therefore remain low at 17 out of 54 African
countries. In addition, the Revision Convention does not have a direct correlation
with climate change, although climate regulation is a major function of soil, in terms
of sustainable soil management.
Based on the foregoing assessment, it is evident that continental level treaty law
recognizes the important place of sustainable soil governance, but that both the
Algiers and Maputo Conventions face implementation challenges. Thus this pathway will, by itself, not provide the needed window of opportunity for African
nations to prioritize soil governance towards sustainable outcomes where soils
provide balanced ecosystem services. In the next section, the chapter therefore
reviews how the global climate change framework through the Paris Agreement
could be utilized as a window through which African nations could prioritize action
on soils, by integrating this into their national climate change priorities. The focus is
on the role that NDCs can play.
4 Legal Nature of Nationally Determined Contributions
(NDCs) Under Paris Agreement and Utility to Soil
Governance
It is important point out that the Paris Agreement
46 in its provisions for NDCs has
modified the principle of common but differentiated responsibilities (CBDR).
Through article 4 of the Paris Agreement, the CBDR principle have evolved, in
46 United Nations, UNFCCC (2015) Paris Agreement.
22
R. Kibugi