1. Adapting to Climate Change Mumma Analysis of the Legal & Policy Adaptations Necessary for Sustainable Development

2. 1. INTRODUCTION Paper discusses the policy, legal and institutional adaptations necessary for sustainable development. Paper argues that, in an era of climate change arising from GHG induced global warming, the adaptation measures must not just assist poor countries to mitigate the effects of climate change on their countries but, crucially, to avoid a fossil fuel based development paradigm.

3. 2. BACKGROUND The global community is negotiating a post Kyoto Protocol regime to come into effect after 2012. An effective post Kyoto Protocol regime must impose: –a global cap on GHG emissions –A GHG emissions avoidance/reduction obligation on all countries – rich & poor alike –Allocate GHG entitlements to all countries

4. 3. GHG EMISSIONS ALLOCATIONS The parameters for GHG allocations need to take account of a country’s: –Historical and present responsibility for climate change; –Potential for future emissions; –Development needs; and –Efficiency of its energy use.

5. 4. WHAT IT MEANS FOR POOR COUNTRIES In order meaningfully to: –Contribute to the achievement of the ultimate objective of the Climate Change Convention –Take advantage of the opportunities available under the Clean Development Mechanism; & –Enhance their development potential in a world of limited GHG absorption capacity … Poor countries must avoid GHG emissions and use available energy efficiently. Doing so requires legal and policy adaptations.

6. 5. PREVAILING FRAMEWORKS The prevailing development paradigm in many poor countries is based on: –Dependence on fossil fuels & –Inefficient use of energy E.g.: 22% of Kenya’s energy sources is petroleum based but forms the bedrock of energy in the commercial/transport sector. 15% of the domestic households have access to electricity provided by a highly subsidized utility serving high to middle income consumers using energy for consumptive purposes.

7. 6. PREVAILING FRAMEWORKS CONT’D Subsidies are provided to extend the national electricity grid to even isolated communities (expensive, inefficient…) but not to promote alternative energy sources (solar, wind…). 68% of the population depend on biomass (wood fuel) for energy which is limiting, inefficient & wasteful of vegetative cover. Energy efficiency is marginalized, at best.

8. 7. ADAPTATIONS In sum, the prevailing development paradigm for the energy sector is supply side oriented with a heavy dependence on fossil fuel based sources. In era of climate change, with the potential for a global cap on GHG emissions, this development paradigm is unsustainable. Poor countries must adapt to avoid avoidable GHG emissions and to use available energy efficiently.

9. 8. A SUSTAINABLE DEVELOPMENT PARADIGM The policy, legal & institutional adaptations must alter the development paradigm towards sustainability by: –Orienting the transport, commercial & industrial sectors towards alternative - clean - energy sources; –Providing poor households with alternatives to biomass (e.g. small hydro, solar etc); and –Controlling demand overall by promoting energy efficiency.

10. 9. POLICY, LEGAL AND INSTITUTIONAL ADAPTATIONS The policy, legal & institutional adaptations needed to promote the shift to a sustainable development paradigm cut across national economic life & include: –Institutionalizing a GHG emissions avoidance/ reduction perspective in development planning by requiring a GHG emissions impact assessment at the planning/decision making stage to avoid decisions such as the City Council of Nairobi public transport policy.

11. 10. POLICY, LEGAL & INSTITUTIONAL ADAPTATIONS –Expanding access by all to renewable energy sources in place of reliance on biomass; –Promoting the development of smaller utilities using stand alone renewable energy based systems; and –Strengthening frameworks for demand side management by rewarding energy efficiency.