Building Capacity on Protected Areas Law & Governance Module 2 Exercise 2 Understanding the Stakeholders & Legal Sources of Authority in a Protected Area Photo: Sunset in the desert, Douz, Tunisia. Sourced from Shutterstock (Image ID No. 131151848) © Marques Governance Principles & Approaches

Background Purpose Structure Promote an understanding of the range of potential stakeholders exercising authority within a protected area. Build awareness of the range of legal sources of such authority. Enable Learners to appreciate the role of law in founding and influencing such authority. Foster critical appreciation of the array of internal and external legal factors that influence the form, nature and relationship of stakeholders and authority within a protected area. Structure Introduction to Exercise (20 minutes) Individual Work (50 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.

The Case Study NOTES FOR EDUCATOR Briefly introduce the Case Study to the Learners as follows: The TNTCA traverses the boundaries of two countries - the Nzuri Republic and the Zintle Republic. The Case Study concerns the Two Nations Transfrontier Conservation Area (TNTCA). With the exception of the Eastern border of the TNTCA, which comprises of the Atlantic Ocean, the entire TNTCA is surrounded by privately- and/or communally-owned land. The Muddy River Estuary is a Ramsar Site. The TNTCA is intersected by the Muddy River - which constitutes the border between the Nzuri Republic (to the North) and the Zintle Republic (to the South). The Nzuri Component of the TNTCA Land was officially proclaimed as the Nzara National Park by the Minister of Environmental Affairs in 2005. State-owned land falling under the administration of the Minister of Public Works and his Department of Public Works. They were relocated and granted legal title to previous state-owned land situated just outside the western-borders of the national park – now called the Westyo Community Area. Prior to the establishment of the Nzara National Park, the western area was inhabited by the Westyo community. National Parks Agency (NPA) is the management authority for the Nzara National Park. An agreement concluded in terms of which the Westyo Community guaranteed access to the Nzara National Park to harvest firewood and building materials, most notably natural grasses for thatching. The Westyo community reside in the Westyo Community Area but sustainably manage their use of its natural resources in the interests of preserving them for future generations through their customary norms and practices. At the time the Nzara National Park was established, SandCo was undertaking small-scale sand mining on its eastern coast in terms a twenty-year mining permit and has been granted permission to continue with its mining operations in the Nzara National Park until the expiry of its permit. The Westyo Community Area acts as an important buffer for the Nzara National Park. Zintle Component of the TNTCA Mudland Wilderness Area (MWA) Comprises of state-owned-land. Formally proclaimed PA. Lies just south of the Muddy River. This area effectively constitutes the core area of the broader TNTCA and according to the MWA’s management plan (approved by the Minister in terms of the Protected Areas Act) activities within it are highly restricted. PA managed by the Mudland Wilderness Authority. Mudland Trust Private Nature Reserve (MTPNR) Lies to the west of the MWA. Mudland Trust has concluded a conservation servitude in favour of the Mudland Wilderness Authority, the terms of which are recorded against the title deeds of the property falling within the MTPNR. Privately-owned by the Mudland Trust, an NGO which purchased the land several years ago with a view to conserving it in perpetuity. The fence between the MWA and the MTPNR has been removed and the broader area is managed as an open system by the Mudland Trust Co-Management Authority. In order to finance their contribution towards the costs associated with managing the MTPNR, the Mudland Trust were granted special dispensation by the Minister of Nature to build two exclusive tourist lodges in the MTPNR. The Mudland Trust Co-Management Authority comprises of equal representation from the Mudland Trust and the Mudland Wilderness Authority. These tourist lodges are operated by way of concessions granted to two private companies, namely LuxuryCo and HolidayCo. Several farmers living adjacent to the MTPNR have been granted contracts by LuxuryCo and HolidayCo to provide services and goods to these lodges. Mudland Community Conserved Area (MCCA) Lies to the South of the MWA. The Mudland Community’s land claim was successful and in terms of the land claim settlement agreement, the community were granted title to the land, which they hold in a legally recognised communal property institution. Originally comprising part of the MWA, it was subject to a land claim lodged by the Mudland Community. Area in theory managed by the Mudland Community Co-Management Authority (comprising of equal representation from the community and the Mudland Wilderness Authority) although in reality the community play very little role in the Mudland Community Co-Management Authority owing to limited resources. Mudland Marine Protected Area (MMPA) Management of the MMPA falls to the Department of Fisheries, but this function has been assigned to the MWA by the Department in the interests of ensuring seamless management of the terrestrial and marine protected areas. Formally proclaimed MPA. Lies to the East of the MWA. TNTCA itself Formed in 2001. MOU provides for: Presidents of both nations signed a Memorandum of Understanding (MOU) detailing the future governance arrangements for the TNTCA. The appointment of a Joint Management Committee for the TNTCA (comprising of representatives from each of the institutions referred to above), which is responsible for making decisions about the management of the TNTCA. The appointment of an implementing agent for each component of the TNTCA, which is responsible for coordinating the roll out of the MOU in the two components of the TNTCA. The implementing agents for the Nzuri and Zintle components of the TNTCA are the National Parks Agency and the Mudland Wilderness Authority respectively. Indicate to the Learners that they will be required to answer a series of questions about the Case Study in their group.

The Task … Question 1 Which stakeholders potentially exercise authority in relation to the TNTCA? List all potential stakeholders relevant to the: Nzuri component of the TNTCA Zintle component of the TNTCA TNTCA as a whole In respect of each of these stakeholders, identify the nature of authority exercised by each - what type of authority they exercise in relation to the TNTCA. NOTES FOR EDUCATOR Introduce the first question.

The Task … Question 2 What are the legal sources/basis of such authority? In respect of each of the above stakeholders, identify the legal source/basis of such authority. Hint - possible sources/basis of legal authority: International legal instruments Conservation servitudes Memorandum of Understanding Conservation agreements Constitution Settlement agreements Statutes Leases Assigned/delegated powers Concessions Intergovernmental agreements Permits Commercial contracts Ownership NOTES FOR EDUCATOR Introduce the second question. The Hint is provided to give them a starting point.

The Task Question 3 What broad contextual and site-specific legal factors impact on the source or exercise of authority in TNTCA? Which stakeholders are affected/influenced by these legal factors? Hint Contextual Legal Factors International Context Regional Context Constitutional Context Site-Specific Legal Factors Ownership Management Access/Use/Benefits NOTES FOR EDUCATOR Introduce the third question. The Hint is provided to give them a starting point.