Sustainable tourism development in Transfrontier Conservation

Areas (TFCAs): A legal perspective

presented at Conservation Science in Mozambique National Workshop 21-22 April 2014

Amanda T MugadzaDoctor of Laws (LLD) Candidate

Research Question

What is the potential role of the law in the realisation of

sustainable tourism development (STD) in transfrontier

conservation areas (TFCAs)?

GLTFCA – Case Study

Problem Statement• TFCAs have been endorsed and

established in the SADC region as an important mechanism for biodiversity conservation, economic development, poverty alleviation and regional integration.

• Tourism identified as key driver of the objectives of TFCA

• However tourism may result in pressure on domestic resources, the environment, a preservation of culture.

• Therefore sustainable tourism development (STD) should be employed in the TFCA initiatives

Sustainable tourism development (STD)

STD is defined as :• Any form of development, provision of amenities

or tourists activity that – emphasises respect for and long-term

preservation of natural, cultural and social resources and

– makes a positive and equitable contribution to the economic development

– and fulfilment of people living, working or staying in these areas (European Charter for Sustainable Tourism in Protected Areas 2010).

STD: Principles

• Underlying principles based on 3 pillars of sustainable development– Environmental sustainability– Economic sustainability– Social sustainability

assumption

TFCAs programmes should adopt STD which if applied effectively should link

conservation, tourism (economic development), and local community

development (economic & social development).

proposition

• Adoption of STD in TFCAs therefore is through legal mechanisms i.e. the law.1. At the moment there seems to be gaps in the law

at regional (AU), sub regional (SADC) and national level (Mozambique, South Africa and Zimbabwe) in establishing the link between conservation, tourism and local community development.

2. This is illustrated by the apparent lack of cohesion between conservation efforts (PA & TFCA policy), tourism developments (establishments etc), and community development (livelihoods etc)

3. For law to effectively provide for this link it is necessary to understand its role in STD

Methodology

• This study examines the potential role of the law in achieving STD in TFCAs.

• This requires the analysis of the law as: – Regulator – institutions, principles,

standards etc– Enabler – permits, licenses, agreements

etc– Inhibitor – negative and positive

incentives, penalties etc.

Methodology

• This analysis will be informed by the identification of STD tourism indicators that are relevant to TFCAs.

• These indicators will be classified under the 3 underlying principles of STD (economic, environmental and social sustainability)

• Using these indicators the current laws at AU, SADC and domestic level (Mozambique, South Africa, Zimbabwe) will be analysed.

Case study: Great Limpopo TFCA

• Desktop research – analysis of international, regional and sub-regional treaties, protocols and other multilateral agreements; domestic laws of Mozambique, South Africa and Zimbabwe (comparative study)

• Field trips of GLTFCA – informal interviews (various stakeholders – government agencies, private individuals, community representatives, NGOs) to inform analysis

This workshop in context

• Multidisciplinary approach to STD to inform holistic and integrated approach to law

• Environmental sustainability in the Mozambique component of GLTFCA

• Access to conservation law and policy and underlying principles and research around it.

• Networking

Animal and Human Health for Environment and Development

(AHEAD-GLTFCA)

• Working group established in 2003 during the Durban IUCN World Parks Congress by World Conservation Society (WCS)

• Aiming at providing a facilitating mechanism to support the sustainable implementation of the Great Limpopo TFCA

• Following the One Health and Disaster Risk Reduction approaches to the management of complex socio-environmental systems

Animal and Human Health for Environment and Development

(AHEAD-GLTFCA)

• Constituency:– Funded directly by Uinversity of Pretoria

and SANParks;– Cooperative partners include the NWU

(Law and African Centre for Disaster Studies)

– Working partners are SADC TFCA Programme, IUCN Biopama, USAID RESILIM, RIASCO

– Membership is over 300 people from various regional and global institutions

Animal and Human Health for Environment and Development

(AHEAD-GLTFCA)

• Research: – Support the establishment of regional

network and consortia for TFCA research;

– Define research priorities through fieldwork and engagement with local and national conservation institutions;

– Improve dialogue with funding institutions to support research, including action research

2014 RP-PCP and AHEAD-GLTFCA Conference

Thematic areas: 1. TFCAS as complex socio-ecological systems: drivers for TBNRM2. Agriculture and animal production activities within TFCAs3. Animal and Human Health in the management of TFCAs4. Policy, Law and other legal instruments for the governance of TFCAs5. Human Security in TFCAs: approaches and models

Venue: Hwange National Park, ZimbabweDate: 11-16 May 2014Registation fee: none!

Deadline for full and speed presentations is passed but poster presentations are always

welcome.

Obrigada