Yala Swamp allocation evokes activists rage against NLC

A local NGO, Nature Keny has expressed its rage after learning that the NLC  allocated 6,763.74 ha(16,713.57 acres) of Yala Swamp to Lake Agro Limited.

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The NGO said National Land Commission's move goes against the rights and wishes of Yala Swamp communities, disregards biodiversity conservation efforts and is retrogressive to the fight against climate change.

“The NLC is acting against the government's climate change agenda. Yala Swamp provides invaluable environmental services for people and biodiversity, like filtration and storage of water and carbon sequestration," Dr Paul Matiku, executive director, Nature Kenya said.

"How can Kenya claim to be a leader in addressing climate change while it destroys its natural capital?” 

Currently, world leaders are converging in Sharm el-Sheikh, Egypt, for the United Nations' annual climate summit - COP27.

At the talks, Kenya's presumed reputation as a regional and global champion for climate change is reaffirmed by its top-level delegation to the meeting, which includes President William Ruto.

Matiku said it is against such a backdrop that NLC's announcement appears "misplaced and ill-advised."

"The devastating effects of climate change are currently being felt far and wide, with catastrophic consequences. Wetlands, like forests, play a crucial role in mitigating these adverse effects," he said.

Wetlands regulate, capture and store carbon. They also provide ecosystem services essential to helping communities adapt to climate change.

Matiku said the conservation of Yala Swamp offers a sustainable path to attain the country's Nationally Determined Contributions (NDCs).

NDCs embody efforts by each country to reduce national emissions and adapt to the impacts of climate change.

The Paris Agreement requires each party to prepare, communicate and maintain successive NDCs that it intends to achieve.

Parties shall pursue domestic mitigation measures, with the aim of achieving the objectives of such contributions.

The NDC also commits to enhancing resilience in all sectors of the economy.

Matiku said Yala Swamp is home to thousands of mammal, bird and fish species, some of which are found nowhere else in the world.

He said NLC's approval of Lake Agro's allocation of Yala Swamp for sugarcane cultivation poses a threat to the wetland's unique biodiversity.

Habitat loss, degradation and pollution are inevitable, he said.

Matiku said the people of Yala rely on the wetland for their livelihoods as the Swamp provides food, water, pasture, fuelwood and other goods and services to 250,000 people.

"Conversion of the swamp to a sugarcane plantation puts livelihoods at risk, compromises subsistence food production and subjects local communities to abject poverty," Matiku said.

Through their representatives, the communities have publicly expressed their disapproval of the allocation on numerous occasions.

Matiku said NLC's refusal to listen to pleas from the people of Yala Swamp exemplifies a blatant disrespect of community land rights as enshrined in the Constitution of Kenya 2010.

"We urge the Ruto-led administration to rescind NLC's decision. Yala Swamp is a precious natural asset. As such, this wetland should be sustainably managed and utilised for the prosperity of communities and biodiversity, not to serve the interests of self-centred entities," he said.

Nature Kenya said the new government must show tangible action and commitment to tackling climate change by halting the arbitrary allocation of our country's vital habitats.

The controversy surrounding the Swamp has put NLC at odds with conservationists.

In September this year, the Commission was forced to dispatch its technical team to the Swamp amid controversy over the allocation.

Twenty-five African conservation organisations have rejected any move to allocate the controversial parcel.

The BirdLife International partner organisations faulted the allocation of 16713.57 acres of Yala Swamp to a private agricultural company by the NLC, saying the parcel forms part of a key biodiversity area and a source of livelihood for the community.

BirdLife is the largest global partnership of nature conservation organisations with partners in 115 countries, 26 of these in Africa and is committed to protecting biodiversity and supporting governments to achieve sustainable development.

The organisations said in the letter to the government that they support development that is preceded by a critical assessment of ecological, social, health and economic impacts and is environmentally sustainable.

“In the Yala case, however, there seems to be a lapse in interrogating the impacts on people and biodiversity," BirdLife said. 

"We believe that Yala Swamp will offer more long-term benefits in its current state, through the provision of ecosystem services and livelihood benefits, than if it is converted to farmland.” 

The protest letter has been copied to NLC chairperson Gershom Otachi, former Lands Cabinet Secretary Farida Karoney, former Environment CS Keriako Tobiko and Siaya Governor James Orengo.

The organisations include the Conservation Society of Sierra Leone, Association Les Amis des Oiseaux, BirdLife-Zimbabwe, Nature Uganda, Ghana Wildlife Society, BirdLife-South Africa, Naturama (Burkina Faso) and Nigeria Conservation Foundation.

Wildlife and Environmental Society of Malawi, Guinee Ecologie, Nature Communautes Development, Mauritian Wildlife Foundation and Ethiopian Wildlife and Natural History Society have also objected to the allocation.

Others are Nature Tanzania, SOS-Forets, ABN (Burundi), Grepom (Maroc), Asity (Madagascar), Society for the Conservation of Nature of Liberia, Biospera (Cabo Verde), Nature Conservation Egypt, Nature Mauritanie, Nature Seychelles and BirdLife-Botswana.

(Edited by Tabnacha O)