Building Capacity on Protected Areas Law & Governance Module 5 Exercise 1 The Challenge of Creating and Effective and Equitable Co-Management Regime Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No. 222864682) © Kim Visser Management

Background… Purpose Provide Learners with an opportunity to practically use their knowledge in a role-play situation. Create an understanding of the legal requirements underpinning co-management regimes. Build an appreciation of the many different factors which impact on the conclusion of effective and equitable co-management regimes. Highlight the often-sharp distinction between de jure co-management and de-facto co-management. Increase familiarity with the IUCN Management Categories and Governance Types. NOTES FOR EDUCATOR Briefly explain the Purpose of the Exercise.

Background Structure time is of the essence! Introduction to Exercise (10 minutes) Pre-negotiation Preparation (20 minutes) First Round of Negotiations (40 minutes) Mid-Negotiation Caucus (10 minutes) Second Round of Negotiations (30 minutes) Consolidation (10 minutes) time is of the essence! NOTES FOR EDUCATOR Briefly explain the Structure of the Exercise. Highlight that only 2 hours are available to complete the entire task and time is therefore of the essence. Instruct Learners that they will need to work efficiently during all phases of the negotiation process.

The Case Study… NOTES FOR EDUCATOR Introduce the Case Study to the Learners as it appears in Annexure A.

The Case Study Co-Management Agreement Content Description of the parties Description of the area Name of the protected area Land tenure Legal status of the area Management category Land-use restrictions Management Authority Management Planning and Implementation Access, Use Rights and Benefit Sharing NOTES FOR EDUCATOR Re-emphasis that the above aspects are mandatory content to be included in any Co-Management Agreement concluded under Green Republic’s new Protected Area Act.

Negotiate the Agreement The Task… Protected Areas Authority Ntshona Community Negotiate the Agreement Preparation Round 1 NOTES FOR EDUCATOR Indicate to Learners that they have been broken into two groups: The Protected areas Authority. The Ntshona Community. Indicate to Learners that their task is to negotiate the Co-Management Agreement. Highlight that the negotiation will be broken down into four distinct phases: Pre-Negotiation Preparation - during which each group will prepare for the 1st round of negotiations (20 minutes). Round 1 of Negotiations - the 1st round of negotiations (40 minutes). Mid-Negotiation Caucus - during which the negotiation will be halted and each group will have a brief opportunity to caucus (10 minutes) Round 2 of Negotiations - the 2nd round of negotiations (30 minutes). Caucus Round 2

prepare negotiation strategy appoint chief negotiators The Task… Round 1 Preparations read the case study read your mandate prepare negotiation strategy NOTES FOR EDUCATOR Highlight that each group must complete the following in preparation for the 1st round of negotiations: Read a Case Study again together. Read their Mandate for the 1st round of negotiations careful together Prepare their negotiation strategy for the first round of negotiations. Appoint two chief negotiators to lead their delegation at the 1st round of negotiations. appoint chief negotiators

The Task Mid-Negotiation Caucus read your revised mandate consider state of negotiations prepare negotiation strategy NOTES FOR EDUCATOR Highlight that each group must complete the following in preparation for the 2nd round of negotiations: Read their revised mandate together. Consider the state of the negotiations. Prepare their negotiation strategy for the 2nd round of negotiations. Appoint two different chief negotiators to lead their delegation at the 2nd round of negotiations. appoint different negotiators

Last Few Things Remember the legal framework Keep the context in mind Remain true to your mandate Both parties want to reach an agreement NOTES FOR EDUCATOR Highlight the following final aspects before the Learners start the Task. Remember the Legal Framework Green Republic’s Protected Areas Act sets out the mandatory content to be included in a Co-Management Agreement. You need to ensure that all areas of content are dealt with in the negotiations. Keep the Context in Mind The Case Study sets out the relevant context for the negotiations. Keep this context in mind when preparing for and running the negotiations. Remain True to Your Mandate You have been given a specific mandate. The exercise has been structured around this mandate. While you may want to creatively expand/develop/shift your mandate a little - remain true to its general sense/content. Both Parties Want to Reach Agreement As set out in the Case Study, both parties have an interest in concluding an agreement although they have different perspectives on its terms. Therefore do enter into the negotiations in a constructive attitude.