Rethinking Protected Areas Governance Alexander Paterson Institute of Marine and Environmental Law University of Cape Town

‘Governance’ exercise of authority form outcome good who bad how ‘the institutions, processes and traditions which determine how power is exercised, how decisions are taken and how citizens have their say’ exercise of authority ‘the sum of the many ways individuals and institutions, public and private, manage their common affairs’ form outcome good ‘the exercise of political, economic and administrative authority in the management of a country’s affairs at all levels’ who bad how ‘the traditions and institutions by which authority in a country is exercised’ ‘governance is viewed as a sort of magic wand to address a wide variety of challenges’ ‘the action or manner of governing or being governed’

Governance & Protected Areas Dearden Borrini-Feyerabend + 2003 World Parks Congress ‘complex’ ‘nuanced’ ‘no one best way’ ‘governance a key to success’ NEED TO WCPA create a common language develop governance categories link to management categories

IUCN Governance Guidelines 2008 Management Categories + understand Governance Categories AIM plan for accurately record

Protected Areas Matrix private persons not-for-profit orgs for-profit orgs indigenous peoples local community national sub-national govt-delegated transboundary co-management joint management

Potential Confusion restricted view of governance management confusing use of terminology ‘collaborative management’ ‘joint management’ ‘co-management’ governance by government private governance overlapping categories shared governance local community governance

Illustrating the Potential Confusion Kruger National Park Dwesa-Cwebe Nature Reserve

Dwesa-Cwebe Nature Reserve

Dwesa-Cwebe… established land claim agreement ownership management 1975 established 2001 land claim agreement community government ownership management trust prov govt trust 7 x CPA agreement lease contract land hotel planning access use management prov govt company enforcement

Applying the PA Matrix indigenous peoples not-for-profit orgs private persons not-for-profit orgs for-profit orgs indigenous peoples local community national sub-national govt-delegated transboundary co-management joint management

Kruger National Park

Kruger National Park 1926 established ownership management Govt SANParks Private Private

Kruger National Park Pafuri Area land claim

Kruger National Park RSA 1926 1998 established ownership management Govt SANParks Private Private 1998 community agreement government RSA ownership management CPA SANParks CPA agreement planning lease lease manage enforce SANParks CO’s profit

Greater Limpopo Transfrontier Park

Greater Limpopo Transfrontier Park 1926 Zimbabwe established ownership management ownership management Govt SANParks Govt Govt Private Private AGREEMENT 2002 1998 community agreement government RSA ownership management Govt CPA SANParks CPA Govt NGO agreement ownership management lease lease planning profit manage Mozambique enforce SANParks CO’s

Applying the PA Matrix indigenous peoples not-for-profit orgs private persons not-for-profit orgs for-profit orgs indigenous peoples local community national sub-national govt-delegated transboundary co-management joint management

Actual Confusion restricted view of governance confusing use of terminology overlapping categories

Towards a New Approach tenure management who who how how single multiple single multiple government government community community individual individual how how basis form basis form statute full title statute co-mgt custom partial title custom joint mgt contract contract transboundary mgt

protected areas governance The Potential Outcome good governance protected areas governance understanding planning recordal