Protected Areas, Law & Governance Alexander Paterson - - PowerPoint PPT Presentation

Protected Areas, Law & Governance Alexander Paterson

Alexander.Paterson@uct.ac.za

Before we begin…

Complexity in 60 Minutes!

Legal Guidance

2011 2013

Phase 1 Phase 2

2013-2015

Capacity Building

Some Context

IUCN ELC PA Law Programme

An Advert

www.protectedareaslaw.org 12 modules

Course Structure

Intro to the Course & Key Concepts Definitions, Principles, Objectives & Institutions Planning, Types & Declaration Management Governance Principles & Approaches Compliance, Enforcement, Regulation & Financing

Module 1 Module 2 Module 3 Module 4 Module 5 Module 6

Course Structure …

Marine PAs - Special Legal Considerations Transboundary PAs - Special Legal Considerations Connectivity Conservation - Introduction Connectivity Conservation - Legal Issues & Tools Marine PAs - Special Features & International Law

Module 8 Module 9 Module 10 Module 11 Module 12

International & Regional Law

Module 7

Module Structure

interactive knowledge transfer facilitated skills development seminar presentation practical exercises

Module Resources

£ Module Outline £ Seminar Presentation

£ Scene Setting Presentation £ Presenters Notes

£ Reflective Exercises

£ Exercise Outline

£ Nature & Purpose £ Structure £ Resources

£ Exercise Resources

£ Presentation £ Case Studies (Narratives/Maps) £ Templates (Blank and Complete)

£ Media Resources

Case studies Legal drafting Role plays Discussion forums Info graphic Interview/documentary

End of the Advert

www.protectedareaslaw.org 12 modules

Lets begin!

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.

Protected Areas, Law & Governance

Overview of the Webinar

Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Link With Other PA Law Elements

Understanding Governance

‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens

• r other stakeholders have their say.’

“Governance”?

rich & multifacteted complex

authority/power

who makes decisions how decisions made who is accountable how authority shared

Understanding Governance…

“Governance”? Two Different Dimensions Quality of Governance Who Makes Decisions

Good Governance Types of Governance

Understanding Governance…

public participation predictability transparency equity justice

Quality of Governance Who Makes Decisions

Good Governance Types of Governance

centralised decentralised shared

Understanding Governance…

what is done in pursuit of given objectives

Governance Management

VS

who decides about what is to be done how these decisions are taken

and

Understanding PA Governance

‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or

• ther stakeholders have their say in a protected area.’

“Protected Areas Governance”?

authority/power

who makes decisions how decisions made who is accountable how authority shared de iure/in law de facto/in practice

Understanding PA Governance…

five key influential factors

key actors instruments/tools levels of decision-making powers/authority

governmental non-governmental

type of decisions

Understanding PA Governance…

key actors instruments/tools levels of decision-making powers/authority type of decisions

five key influential factors

what the law does

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 state-controlled shared private indigenous & local

Overview of the Webinar

Understanding “Governance” Legal Aspects Influencing PA Governance

Legal Aspects & PA Governance

site-specific contextual

international regional constitutional

• wnership

management access/use/benefits

Legal Aspects & PA Governance…

£ 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)

contextual legal aspects

Legal Aspects & PA Governance…

site specific legal factors

land tenure management

single form

government individual community full title partial title

basis

statute contract

multiple

custom

who how

single

government individual community

basis

statute contract

multiple

custom

who how

form

co-mgt t-bound mgt joint mgt

access/use/benefits

single

government individual community

basis

statute contract

multiple

custom

who how

form

lease concession permit joint venture

Overview of the Webinar

Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance

Relevant Int’al Law & Policy

developing PA governance discourse

2003 2008 2010 2004

IUCN World Parks Congress CBD COP 9 CBD COP 10

2012

IUCN World Conservation Congress

2013

IUCN Governance of PA Guidelines IUCN World Conservation Congress IUCN Guidelines on Indigenous & Local Communities & PAs

2011

IUCN Guidelines for PA Legislation IUCN Guidelines for Applying PA Management Categories CBD COP 7 PoWPA Aichi Targets CBD COP 11

2014

IUCN World Parks Congress

2016

IUCN World Conservation Congress CBD COP 12 CBD COP 13

Relevant Int’al Law & Policy…

• ther supportive

international law and policy diverse forms of PA governance

World Heritage Convention Ramsar Convention ILO Convention 169 UN Declaration on the Rights

• f Indigenous Peoples

environment human rights

Overview of the Webinar

Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types

2013

Management Categories Governance Types

Categories of Protected Areas

Governance Types

2008

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 may be multiple governance types within one PA governance type ≠ governance quality form of governance not necessarily related to ownership legal mechanisms vs categories determination may be complex

general issues

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

Governance by Indigenous Peoples & Local Communities

£ Nature & Form

£ Owned/controlled by indigenous peoples and/or local communities £ May be recognised as part of formal PA system

£ Nature of Sub-Categories

£ Indigenous peoples’ conserved territories and areas £ Community conserved areas and territories

£ Special Legal Considerations

£ Constitutional issues £ Blending customary law and statute £ Communal tenure and rights £ Customary institutions £ Legal recognition, definition, forms, securing land/resource rights, management authority and accountability, access, use and benefits sharing, incentives

ICCAs

IUCN Governance Types

1990 2010

Governance Types & the Law

PA governance types an essential planning tool legal mechanisms faciliate governance types importance of accountability mechanisms law an important role in giving effect to PA governance types role of the law as an enabler provision for flexibility

legal issues

Overview of the Webinar

Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Link with Other PA Law Elements

Link with Other PA Law Elements

Institutions Definitions Principles & Objectives Governance Types Planning Management Categories Establishment Management Amendment Disestablishment Enforcement Regulation of Activities Compliance Financing

key actors instruments/tools levels of decision-making powers/authority type of decisions

factors influencing PA governance

role of the law

Overview of the Webinar

Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Link with Other PA Law Elements

Details on PA Governance

Protected Areas, Law & Governance Alexander Paterson

Alexander.Paterson@uct.ac.za

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