Protected Areas, Law & Governance Alexander Paterson Alexander.Paterson@uct.ac.za
Before we begin …
Complexity in 60 Minutes!
Some Context IUCN ELC PA Law Programme Phase 1 Phase 2 2013 2011 2013-2015 Legal Guidance Capacity Building
An Advert www.protectedareaslaw.org 12 modules
Course Structure Module 1 Intro to the Course & Key Concepts Module 2 Governance Principles & Approaches Module 3 Definitions, Principles, Objectives & Institutions Module 4 Planning, Types & Declaration Module 5 Management Module 6 Compliance, Enforcement, Regulation & Financing
Course Structure … Module 7 International & Regional Law Connectivity Conservation - Introduction Module 8 Connectivity Conservation - Legal Issues & Tools Module 9 Module 10 Marine PAs - Special Features & International Law Marine PAs - Special Legal Considerations Module 11 Transboundary PAs - Special Legal Considerations Module 12
Module Structure seminar presentation practical exercises interactive facilitated knowledge transfer skills development
Module Resources £ Module Outline £ Seminar Presentation £ Scene Setting Presentation £ Presenters Notes £ Reflective Exercises £ Exercise Outline Legal drafting £ Nature & Purpose £ Structure Role plays £ Resources Discussion forums £ Exercise Resources £ Presentation Case studies £ Case Studies (Narratives/Maps) £ Templates (Blank and Complete) Interview/documentary £ Media Resources Info graphic
End of the Advert www.protectedareaslaw.org 12 modules
Lets begin!
Protected Areas, Law & Governance PAs are a central component of any NBSAP. Governance is recognized as central to PAs. An understanding of PA Governance is growing. PA Governance is concerned with authority. Authority is often founded in law. Law is of key relevance to PA Governance. Understanding PAs, Law and Governance are of key relevance to NBSAP.
Overview of the Webinar Understanding “Governance” Legal Aspects Influencing PA Governance Relevant International Laws/Policies PA Governance Types Link With Other PA Law Elements
Understanding Governance “Governance”? ‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say.’ rich & multifacteted complex authority/power who makes decisions how authority shared how decisions made who is accountable
Understanding Governance … “Governance”? Two Different Dimensions Quality of Who Makes Governance Decisions Good Governance Types of Governance
Understanding Governance … Quality of Who Makes Governance Decisions Types of Governance Good Governance public participation centralised transparency shared predictability decentralised equity justice
Understanding Governance … VS Governance Management who decides about what is done what is to be done in pursuit of given objectives and how these decisions are taken
Understanding PA Governance “Protected Areas Governance”? ‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say in a protected area.’ de iure/in law de facto/in practice authority/power who makes decisions how authority shared how decisions made who is accountable
Understanding PA Governance … five key influential factors type of decisions key actors governmental non-governmental instruments/tools powers/authority levels of decision-making
Understanding PA Governance … five key influential factors type of decisions what the law does key actors instruments/tools powers/authority levels of decision-making
Understanding PA Governance … four general lessons £ PA governance is the result of processes of developing and exercising authority over time. £ Understanding PA governance involves clarifying where rights, responsibilities and accountabilities lie. £ A dynamic and mutually supportive balance among multiple actors and institutions should be sought through powers and instruments exercised at different levels. £ Governance systems should be dependable but also adaptable, capable of responding to the ever-changing needs of in-situ conservation.
Understanding PA Governance … a continuum of options state-owned shared indigenous & local state-controlled private
Overview of the Webinar Understanding “Governance” Legal Aspects Influencing PA Governance
Legal Aspects & PA Governance contextual site-specific international ownership regional management constitutional access/use/benefits
Legal Aspects & PA Governance … contextual legal aspects £ International Context £ Instruments (conventions, protocols, guidelines & decisions) £ Institutions £ Regional Context £ Instruments (agreements) £ Institutions £ Constitutional Issues £ Substantive Rights (enviro rights, property rights, customary rights) £ Procedural Rights (just administrative action, access to information, locus standi) £ Legislative and Administrative Competence (making laws, administering laws, cooperative governance)
Legal Aspects & PA Governance … site specific legal factors land tenure management access/use/benefits who who who single multiple single multiple single multiple government government government community community community individual individual individual how how how basis form basis form basis form statute full title statute co-mgt statute lease custom partial title custom joint mgt custom permit contract contract contract concession t-bound mgt joint venture
Overview of the Webinar Understanding “Governance” Legal Aspects Influencing PA Governance Relevant International Laws/Policies
Relevant Int’al Law & Policy 2003 IUCN World Parks Congress developing PA governance discourse 2004 IUCN Guidelines on Indigenous & Local Communities & PAs CBD COP 7 PoWPA 2008 IUCN World Conservation Congress IUCN Guidelines for Applying PA Management Categories CBD COP 9 2010 CBD COP 10 Aichi Targets 2011 IUCN Guidelines for PA Legislation 2012 IUCN World Conservation Congress CBD COP 11 2013 IUCN Governance of PA Guidelines 2014 IUCN World Parks Congress CBD COP 12 2016 IUCN World Conservation Congress CBD COP 13
Relevant Int’al Law & Policy … diverse forms of PA governance other supportive international law and policy environment human rights World Heritage Convention ILO Convention 169 UN Declaration on the Rights Ramsar Convention of Indigenous Peoples
Overview of the Webinar Understanding “Governance” Legal Aspects Influencing PA Governance Relevant International Laws/Policies PA Governance Types
Categories of Protected Areas 2008 2013 Management Categories Governance Types Governance Types
IUCN Governance Types national sub-national govt-delegated transboundary collaborative joint individuals corporations NGOs indigenous peoples local communities
IUCN Governance Types … basis = type of authority/responsibility general issues form of governance not necessarily related to ownership determination may be complex may be multiple governance types within one PA legal mechanisms vs categories governance type ≠ governance quality
Governance by Government £ Nature & Form £ Classic approach £ State-owned/controlled £ Formally recognised PAs £ Nature of Sub-Categories £ Federal/National Ministry/Agency in charge £ Sub-National Ministry/Agency in charge £ Government-delegated management £ Special Legal Considerations £ Generally formally legally recognised in PA law £ PA law regulates £ Declaration £ Management regime £ Institutional arrangements £ Regulation of activities and development £ Compliance and enforcement
Shared Governance £ Nature & Form £ Sharing of authority across several actors £ Sharing processes can be formal & informal £ Ranges from joint decision-making to consultation £ Nature of Sub-Categories £ Transboundary governance £ Collaborative governance £ Joint governance £ Special Legal Considerations £ Form of “sharing” £ Sharing mechanisms £ Institutions £ Decision-making procedures £ Capacity/Support £ Flexibility
Private Governance £ Nature & Form £ Voluntary conservation initiatives £ Privately owned/controlled £ May be recognised as part of formal PA system £ Nature of Sub-Categories £ Individuals £ Corporations £ Non-government organisations £ Special Legal Considerations £ Legal recognition £ Definition £ Forms £ Securing land £ Management authority and accountability £ Incentives
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