Sustainable tourism development in Transfrontier Conservation Areas (TFCAs): A legal perspective presented at Conservation Science in Mozambique National Workshop April 2014 Amanda T Mugadza Doctor of Laws (LLD) Candidate

Research Question What is the potential role of the law in the realisation of sustainable tourism development (STD) in transfrontier conservation areas (TFCAs)?

GLTFCA – Case Study

Problem Statement TFCAs have been endorsed and established in the SADC region as an important mechanism for biodiversity conservation, economic development, poverty alleviation and regional integration. Tourism identified as key driver of the objectives of TFCA However tourism may result in pressure on domestic resources, the environment, a preservation of culture. Therefore sustainable tourism development (STD) should be employed in the TFCA initiatives TFCAs have been endorsed and established in the SADC region as an important mechanism for biodiversity conservation, economic development, poverty alleviation and regional integration. Tourism identified as key driver of the objectives of TFCA However tourism may result in pressure on domestic resources, the environment, a preservation of culture. Therefore sustainable tourism development (STD) should be employed in the TFCA initiatives

Sustainable tourism development (STD) STD is defined as : Any form of development, provision of amenities or tourists activity that –emphasises respect for and long-term preservation of natural, cultural and social resources and –makes a positive and equitable contribution to the economic development –and fulfilment of people living, working or staying in these areas (European Charter for Sustainable Tourism in Protected Areas 2010). STD is defined as : Any form of development, provision of amenities or tourists activity that –emphasises respect for and long-term preservation of natural, cultural and social resources and –makes a positive and equitable contribution to the economic development –and fulfilment of people living, working or staying in these areas (European Charter for Sustainable Tourism in Protected Areas 2010).

STD: Principles Underlying principles based on 3 pillars of sustainable development –Environmental sustainability –Economic sustainability –Social sustainability Underlying principles based on 3 pillars of sustainable development –Environmental sustainability –Economic sustainability –Social sustainability

assumption TFCAs programmes should adopt STD which if applied effectively should link conservation, tourism (economic development), and local community development (economic & social development).

proposition Adoption of STD in TFCAs therefore is through legal mechanisms i.e. the law. 1.At the moment there seems to be gaps in the law at regional (AU), sub regional (SADC) and national level (Mozambique, South Africa and Zimbabwe) in establishing the link between conservation, tourism and local community development. 2.This is illustrated by the apparent lack of cohesion between conservation efforts (PA & TFCA policy), tourism developments (establishments etc), and community development (livelihoods etc) 3.For law to effectively provide for this link it is necessary to understand its role in STD Adoption of STD in TFCAs therefore is through legal mechanisms i.e. the law. 1.At the moment there seems to be gaps in the law at regional (AU), sub regional (SADC) and national level (Mozambique, South Africa and Zimbabwe) in establishing the link between conservation, tourism and local community development. 2.This is illustrated by the apparent lack of cohesion between conservation efforts (PA & TFCA policy), tourism developments (establishments etc), and community development (livelihoods etc) 3.For law to effectively provide for this link it is necessary to understand its role in STD

Methodology This study examines the potential role of the law in achieving STD in TFCAs. This requires the analysis of the law as: –Regulator – institutions, principles, standards etc –Enabler – permits, licenses, agreements etc –Inhibitor – negative and positive incentives, penalties etc. This study examines the potential role of the law in achieving STD in TFCAs. This requires the analysis of the law as: –Regulator – institutions, principles, standards etc –Enabler – permits, licenses, agreements etc –Inhibitor – negative and positive incentives, penalties etc.

Methodology This analysis will be informed by the identification of STD tourism indicators that are relevant to TFCAs. These indicators will be classified under the 3 underlying principles of STD (economic, environmental and social sustainability) Using these indicators the current laws at AU, SADC and domestic level (Mozambique, South Africa, Zimbabwe) will be analysed. This analysis will be informed by the identification of STD tourism indicators that are relevant to TFCAs. These indicators will be classified under the 3 underlying principles of STD (economic, environmental and social sustainability) Using these indicators the current laws at AU, SADC and domestic level (Mozambique, South Africa, Zimbabwe) will be analysed.

Case study: Great Limpopo TFCA Desktop research – analysis of international, regional and sub-regional treaties, protocols and other multilateral agreements; domestic laws of Mozambique, South Africa and Zimbabwe (comparative study) Field trips of GLTFCA – informal interviews (various stakeholders – government agencies, private individuals, community representatives, NGOs) to inform analysis Desktop research – analysis of international, regional and sub-regional treaties, protocols and other multilateral agreements; domestic laws of Mozambique, South Africa and Zimbabwe (comparative study) Field trips of GLTFCA – informal interviews (various stakeholders – government agencies, private individuals, community representatives, NGOs) to inform analysis

This workshop in context Multidisciplinary approach to STD to inform holistic and integrated approach to law Environmental sustainability in the Mozambique component of GLTFCA Access to conservation law and policy and underlying principles and research around it. Networking Multidisciplinary approach to STD to inform holistic and integrated approach to law Environmental sustainability in the Mozambique component of GLTFCA Access to conservation law and policy and underlying principles and research around it. Networking

Animal and Human Health for Environment and Development (AHEAD-GLTFCA) Working group established in 2003 during the Durban IUCN World Parks Congress by World Conservation Society (WCS) Aiming at providing a facilitating mechanism to support the sustainable implementation of the Great Limpopo TFCA Following the One Health and Disaster Risk Reduction approaches to the management of complex socio-environmental systems Working group established in 2003 during the Durban IUCN World Parks Congress by World Conservation Society (WCS) Aiming at providing a facilitating mechanism to support the sustainable implementation of the Great Limpopo TFCA Following the One Health and Disaster Risk Reduction approaches to the management of complex socio-environmental systems

Animal and Human Health for Environment and Development (AHEAD-GLTFCA) Constituency: –Funded directly by Uinversity of Pretoria and SANParks; –Cooperative partners include the NWU (Law and African Centre for Disaster Studies) –Working partners are SADC TFCA Programme, IUCN Biopama, USAID RESILIM, RIASCO –Membership is over 300 people from various regional and global institutions Constituency: –Funded directly by Uinversity of Pretoria and SANParks; –Cooperative partners include the NWU (Law and African Centre for Disaster Studies) –Working partners are SADC TFCA Programme, IUCN Biopama, USAID RESILIM, RIASCO –Membership is over 300 people from various regional and global institutions

Animal and Human Health for Environment and Development (AHEAD-GLTFCA) Research: –Support the establishment of regional network and consortia for TFCA research; –Define research priorities through fieldwork and engagement with local and national conservation institutions; –Improve dialogue with funding institutions to support research, including action research Research: –Support the establishment of regional network and consortia for TFCA research; –Define research priorities through fieldwork and engagement with local and national conservation institutions; –Improve dialogue with funding institutions to support research, including action research

2014 RP-PCP and AHEAD-GLTFCA Conference Thematic areas: 1. TFCAS as complex socio-ecological systems: drivers for TBNRM 2. Agriculture and animal production activities within TFCAs 3. Animal and Human Health in the management of TFCAs 4. Policy, Law and other legal instruments for the governance of TFCAs 5. Human Security in TFCAs: approaches and models Venue: Hwange National Park, Zimbabwe Date: May 2014 Registation fee: none! Deadline for full and speed presentations is passed but poster presentations are always welcome. Thematic areas: 1. TFCAS as complex socio-ecological systems: drivers for TBNRM 2. Agriculture and animal production activities within TFCAs 3. Animal and Human Health in the management of TFCAs 4. Policy, Law and other legal instruments for the governance of TFCAs 5. Human Security in TFCAs: approaches and models Venue: Hwange National Park, Zimbabwe Date: May 2014 Registation fee: none! Deadline for full and speed presentations is passed but poster presentations are always welcome.