Building Capacity on Protected Areas Law & Governance Module 3 Exercise 1 Formulating Protected Areas Principles and Objectives Picture: Rivers at Bering Land Bridge National Preserve, Alaska, taken 21 July 2012/ Wikimedia Commons / CC-BY-2.0 Definitions, Objectives & Institutions

Background Purpose Structure Build awareness of the nature, form, content and role of principles and objectives in a PA law. Promote knowledge of legal mechanisms to achieve the tangible realisation/implementation of these principles and objectives. Improve/build Learners’ legal drafting skills. Structure Introduction to Exercise (10 minutes) Small Group Work (60 minutes) Joint Class Discussion (40 minutes) Consolidation (10 minutes) NOTES FOR EDUCATOR Briefly explain the Purpose of the Exercise. Briefly explain the Structure of the Exercise.

new conservation policy The Context signatory to CBD old PA law law reform process new conservation policy Green Republic drafting new PA law consults you NOTES FOR EDUCATOR Briefly introduce the Context to the Learners. You are a legal consultant based in Green Republic. The country is a signatory to the Convention on Biological Diversity and has vast tracts of land of high conservation value. The Green Republic has very outdated protected areas legislation and one of the consequences is that very few protected areas have been formally proclaimed to conserve the country’s valuable biological resources. The country’s valuable biological resources are accordingly under increasing threat from several sectors including forestry, agriculture and mining. These sectors fall under the authority of different ministerial portfolios, administered by different departments in terms of different laws (namely the Forestry Act, Agriculture Act and Mining Act respectively). These other sectoral laws are not subject to review as they were introduced only a few years ago. A further complicating factor is that many areas of high conservation value which appear suitable for being accorded protected area status are currently inhabited by indigenous communities who are dependant on the natural resources situated in these areas for their survival. The Constitution of the Green Republic recognises the customary tenure rights of these communities. The newly appointed Minister of Conservation has been instructed by the President to oversee the reformation of the country’s protected areas legislation with a view to bringing it in line with international best practice. She initiated this process by commissioning the Department of Conservation to prepare a Conservation Policy. The Conservation Policy identifies a primary and set of secondary objectives for protected areas. It also identifies a set of environmental principles drawn from international Conventions to which Green Republic is a party that should guide all actions and decisions impacting on the country’s biological resources, including those located within protected areas. These objectives and principles are reflected in Annexure B. principle provision draft objective provision

The Task Draft the relevant provision/s Six specific instructions Clear & simple Clarity on nature, scope, purpose and distinction between principles and objectives Clarity on legal status of principles and objectives Distinction between primary/secondary and binding/discretionary principles and objectives Implementation mechanisms Extra-legal effect NOTES FOR EDUCATOR Introduce the Task to be completed by each group. The Department of Conservation is having difficult in preparing the sections of the new law (the Protected Areas Act) incorporating these objectives and principles and the Minister of Conservation approaches you for assistance. She specifically instructs you to draft the sections of the new Protected Areas Act providing for these principles and objectives, and to bear the following six important things in mind when doing so. The law needs to be drafted in a clear and simple manner so as to ensure that it is understandable to all citizens. The law need to clearly indicate what are the nature, purpose and distinction between the objective and principle provisions in the law. The law needs to clearly indicate what is the legal status of the objectives and principles. Given the number of objectives and principles identified in the Conservation Policy, it may be beneficial to draw a distinction in the law between: Primary and secondary objectives/principles. Binding and discretionary objectives/principles. Tangible mechanisms need to be included in the law to ensure their practical realisation/manifestation. Given the potential risks posed by forestry, agriculture and mining in protected areas, it is desirable to have the objectives and principles applying equally to any such activities undertaken within or adjacent to any protected area in the future (ie having extra-legal effect – effect on implementation of other laws).

Last Few Things No One Correct Answer Six Instructions Form vs Substance Presentation Appointment Scribe Spokesperson NOTES FOR EDUCATOR Highlight the following final aspects before the Learners start the Task. No Correct Answer Highlight that there is no one correct answer and that the groups should discuss what they feel is the best/clearest formulation and be able to justify why they believe their formulation of the principle/objective provision/s satisfies the six requirements prescribed by the Minister Six Instructions Highlight that should keep the six instructions in mind at all times. Form vs Substance Emphasise that should focus more on the manner in which they draft the wording (the form) relating to the above six instructions, than on the substantive content of the particular objectives/principles. Presentation Mention that certain of the groups will be selected to present their legal provisions for critique by the Minister and her advisors (ie the Educator and fellow Learners) broader audience. Appointment Highlight that each group should therefore appoint: A lead scribe/draftsperson. A lead spokesperson.