Upload
garry-stone
View
220
Download
1
Tags:
Embed Size (px)
Citation preview
Building Capacity on Protected Areas Law & Governance
Governance Principles & Approaches
Module 2
Building Capacity on Protected Areas Law & Governance
Governance Principles & Approaches
An understanding of PA Governance is growing.
Law is of key relevance to PA Governance.
PA Governance is concerned with authority.
Authority is often founded in law.
Overview of the Seminar
Understanding “Governance”
Relevant International Laws/Policies
Legal Aspects Influencing PA Governance
PA Governance Types
Law & Voluntary PA Governance Types
Objectives
Introduce the origins, form and nature of the concept of “governance” and “PA governance”.
Provide an overview of the contextual and site-specific legal aspects that influence/impact on PA governance.
Explain the IUCN PA Governance Types.
Describe legal tools for recognising/promoting the inclusion of voluntary PA governance types in formal PA systems.
Explain the international and regional instruments and policies of relevance to governance and PA governance.
Outcomes
Understanding of the origins, form and nature of the concept of “governance” and “PA governance”.
Clarity on the contextual and site-specific legal aspects that influence/impact on PA governance.
Knowledge of the IUCN PA Governance Types.
Understanding of legal tools for recognising/promoting theinclusion of voluntary PA governance types in formal PA systems.
Awareness of international and regional instruments and policies of relevance to “governance” and “PA governance”.
Overview of the Seminar
Understanding “Governance”
Relevant International Laws/Policies
Legal Aspects Influencing PA Governance
PA Governance Types
Law & Voluntary PA Governance Types
Understanding Governance …
“Governance”?
Two Different Dimensions
Quality of Governance
Who Makes Decisions
Good Governance Types of Governance
‘The interactions among structures, processesand traditions that determine how power and responsibilities are
exercised, how decisions are taken and how citizens or 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
‘The interactions among structures, processesand 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.’
“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 …
types of decisions
Establishing the PA Determining the Objectives, Goals and Management Objectives Appointing the Management Authority for the PA Establishing a Zoning System for the Area Formulating/Sanctioning the Management Plan and Rules Determining Access, Use and Developments Rights in the PA Determining Financing Arrangements for the PA Establishing how to Monitor, Evaluate and Adjust Management
Arrangements Establishing how the Rule of Law and International Commitments
are Respected and Enforced in and around the PA.
Understanding PA Governance …
types of decisions
what the law does
who is empowered to make/take the decision
what is the decision-making process
what is the outcome/status of the decision
what types of decisions can be made/taken
how is decision-maker held accountable
Understanding PA Governance …
key actors
Government Actors PA managers Local elected/appointed authorities National/sub-national authorities CBD national focal points Legislators Law enforcement agencies Judiciary Other sectoral govt authorities
Natural resources agencies Development agencies
Formally recognised traditional leadership structures
Non-Government Actors Landowners/rights holders Local land/resource managers Resident indigenous peoples and
local communities Displaced/migrant communities NGOs/CBOs Research, education & training
institutions Faith organisations Commercial entities with business
interests Tourism & development Resource extraction
Understanding PA Governance …
key actors
what the law does
allows for participation of diverse actors
identifies relevant actors
sets out actors’ rights & responsilibilities
prescribes actors’ powers and functions
provides accountability mechanisms
Understanding PA Governance …
instruments/tools
International law, conventions, standards & best practice National laws, policies, strategies, regulations, agreements & plans Formal management plans and regulations Customary rules, practices & plans Technical and other forms of advice Financial/social incentives and disincentives Financial investments Investments of time/labour Provision of information/resources/salaries and/or support Education, research and/or training initiatives Monitoring, reporting, compliance and/or enforcement initiatives
Understanding PA Governance …
instruments/tools
what the law does
sets criteria for the use of the tools
creates the tools
determines how the tools should be used
prescribes who can use the tools
Understanding PA Governance …
power/authority
Planning powers Regulatory powers Revenue-generating powers Fundraising powers Spending powers Hiring powers Convening powers Power to enter into agreements Monitoring powers Compliance powers Enforcement powers
Understanding PA Governance …
power/authorityresp
on
sibilities
what the law does
identifies who can exercise power
source of powers
prescribes how power should be exercised
provides for sharing of power
outlines consequences of non-compliance
Understanding PA Governance …
levels of decision-making
multilateral/regional
bilateral
sub-national
national
global
PA system
PA sub-units
PA
Understanding PA Governance …
levels of decision-making
sets out which level should make decision
provides for cooperation between levels
enables allocation of decision-making across levels
what the law does
prescribes procedures for resolving disputes
Understanding PA Governance …
key actors
instruments
levels of decision-making
powers/authority
type of decisions
five key influential factors w
hat th
e law d
oes
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
Understanding PA Governance
Quality of Governance
“Good Governance”?
legitimacy & voice
direction
accountability
fairness & rights
performance
public participation
predictability
transparency
equity
justice
PA Pratitioner Perspective PA Lawyer Perspective
Overview of the Seminar
Understanding “Governance”
Legal Aspects Influencing PA Governance
Legal Aspects & PA Governance
site-specificcontextual
international
regional
constitutional
ownership
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 Seminar
Understanding “Governance”
Relevant International Laws/Policies
Legal Aspects Influencing PA Governance
Relevant Int’al Law & Policy …e
me
rgin
g P
A g
ov
ern
an
ce
dis
co
urs
e 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
Relevant Int’al Law & Policy
other supportive international law
and policy
diverse forms of PA governance
World Heritage Convention
Ramsar Convention
ILO Convention 169
UN Declaration on the Rights of Indigenous Peoples
environment human rights
Overview of the Seminar
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
IUCN Governance Types …
nationalsub-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
gen
eral
issu
es
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
leg
al is
sues
Overview of the Seminar
Understanding “Governance”
Relevant International Laws/Policies
Legal Aspects Influencing PA Governance
PA Governance Types
Law & Voluntary PA Governance Types
Law & Voluntary Governance Types
ICCAsprivate conserved areas
a diversity of forms
a diversity of options
incorporate into formal PA system
recognise outside of the formal PA system
do not incorporate or formally recognise
“Voluntary”
Voluntarily Conserved Areas …
granting them formal recognition
special legal considerations
Voluntary process Formal definitions, objectives and standards Tenure/rights issues Governance types Management categories Institutions Good governance principles
Public participation Accountability Equitable benefit sharing & incentives
Voluntarily Conserved Areas…
special legal tools
special legal considerations
agreements with government
easements/covenants/servitudes
land trusts
formalities
incentives
compensation
content
• Description of parties• Description of land• Objective of agreement• Recordal of Management Category• Obligations and rights of landowner
• Access/use rights• Land-use restrictions
• Obligations and rights of government• Access rights• Management obligations
• Governance arrangements• Governance type• Management activities• Financing and Support
• Compensation• Duration• Termination/Breach
• Key Principles• Types/objective of agreements• Authority to negotiate agreements• Qualification criteria
• ‘conservation value’• ‘protected area’• ‘management objectives’• ‘management category’
• Qualifying parties• Content• Negotiation process• Public participation• Approval process• Registration • Formal designation• Management authority• Monitoring & reporting
dual agreements
incorporation
co-management
Agreements with Government
Voluntarily Conserved Areas…
Easement/Servitude/Covenant
terminology
nature
duration
content
benefits
agreement title deed
fixed perpetual
landowner government
positive negative
Voluntarily Conserved Areas…
Land Trusts
natureform a “land trust”
role of NGOs
raise resourcesdecide on role
roleowner & manager
compliance monitorland acquirer
easement holder
Voluntarily Conserved Areas
Overview of the Seminar
Understanding “Governance”
Relevant International Laws/Policies
Legal Aspects Influencing PA Governance
PA Governance Types
Law & Voluntary PA Governance Types
Objectives
Introduce the origins, form and nature of the concept of “governance” and “PA governance”.
Provide an overview of the contextual and site-specific legal aspects that influence/impact on PA governance.
Explain the IUCN PA Governance Typologies.
Describe legal tools for recognising/promoting the inclusion of voluntary PA governance types in formal PA systems.
Explain the international and regional instruments and policies of relevance to governance and PA governance.
Outcomes
Understanding of the origins, form and nature of the concept of “governance” and “PA governance”.
Clarity on the contextual and site-specific legal factors that influence/impact on PA governance.
Knowledge of the IUCN PA Governance Typologies.
Awareness of international and regional instruments and policies of relevance to governance and PA governance.
Understanding of legal tools for recognising/promoting theinclusion of voluntary PA governance types in formal PA systems.
Details on PA Governance
Core Texts
15 Case Studies 5 Case Studies
Building Capacity on Protected Areas Law & Governance
Module 2
Governance Principles & Approaches
SeminarPresentation
Exercises
knowledge transfer skills development