Building Capacity on Protected Areas Law & Governance Governance Principles & Approaches Module 2

Building Capacity on Protected Areas Law & Governance Governance Principles & Approaches An understanding of PA Governance is growing. Law is of key relevance to PA Governance. PA Governance is concerned with authority. Authority is often founded in law.

Overview of the Seminar Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Law & Voluntary PA Governance Types

Objectives Introduce the origins, form and nature of the concept of “governance” and “PA governance”. Provide an overview of the contextual and site-specific legal aspects that influence/impact on PA governance. Explain the IUCN PA Governance Types. Describe legal tools for recognising/promoting the inclusion of voluntary PA governance types in formal PA systems. Explain the international and regional instruments and policies of relevance to governance and PA governance.

Outcomes Understanding of the origins, form and nature of the concept of “governance” and “PA governance”. Clarity on the contextual and site-specific legal aspects that influence/impact on PA governance. Knowledge of the IUCN PA Governance Types. Understanding of legal tools for recognising/promoting the inclusion of voluntary PA governance types in formal PA systems. Awareness of international and regional instruments and policies of relevance to “governance” and “PA governance”.

Overview of the Seminar Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Law & Voluntary PA Governance Types

Understanding Governance … “Governance”? Two Different Dimensions Quality of Governance Who Makes Decisions Good Governance Types of Governance

‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say.’ “Governance”? rich & multifactetedcomplex authority/power who makes decisions how decisions madewho is accountable how authority shared Understanding Governance

‘The interactions among structures, processes and traditions that determine how power and responsibilities are exercised, how decisions are taken and how citizens or other stakeholders have their say in a protected area.’ “Protected Areas Governance”? authority/power who makes decisions how decisions madewho is accountable how authority shared de iure/in lawde facto/in practice Understanding PA Governance …

five key influential factors key actors instruments/tools levels of decision-making powers/authority governmentalnon-governmental type of decisions Understanding PA Governance …

types of decisions  Establishing the PA  Determining the Objectives, Goals and Management Objectives  Appointing the Management Authority for the PA  Establishing a Zoning System for the Area  Formulating/Sanctioning the Management Plan and Rules  Determining Access, Use and Developments Rights in the PA  Determining Financing Arrangements for the PA  Establishing how to Monitor, Evaluate and Adjust Management Arrangements  Establishing how the Rule of Law and International Commitments are Respected and Enforced in and around the PA. Understanding PA Governance …

types of decisions what the law does who is empowered to make/take the decision what is the decision-making process what is the outcome/status of the decision what types of decisions can be made/taken how is decision-maker held accountable Understanding PA Governance …

key actors  Government Actors  PA managers  Local elected/appointed authorities  National/sub-national authorities  CBD national focal points  Legislators  Law enforcement agencies  Judiciary  Other sectoral govt authorities  Natural resources agencies  Development agencies  Formally recognised traditional leadership structures  Non-Government Actors  Landowners/rights holders  Local land/resource managers  Resident indigenous peoples and local communities  Displaced/migrant communities  NGOs/CBOs  Research, education & training institutions  Faith organisations  Commercial entities with business interests  Tourism & development  Resource extraction Understanding PA Governance …

key actors what the law does allows for participation of diverse actors identifies relevant actors sets out actors’ rights & responsilibilities prescribes actors’ powers and functions provides accountability mechanisms Understanding PA Governance …

instruments/tools  International law, conventions, standards & best practice  National laws, policies, strategies, regulations, agreements & plans  Formal management plans and regulations  Customary rules, practices & plans  Technical and other forms of advice  Financial/social incentives and disincentives  Financial investments  Investments of time/labour  Provision of information/resources/salaries and/or support  Education, research and/or training initiatives  Monitoring, reporting, compliance and/or enforcement initiatives Understanding PA Governance …

instruments/tools what the law does sets criteria for the use of the tools creates the tools determines how the tools should be used prescribes who can use the tools Understanding PA Governance …

power/authority  Planning powers  Regulatory powers  Revenue-generating powers  Fundraising powers  Spending powers  Hiring powers  Convening powers  Power to enter into agreements  Monitoring powers  Compliance powers  Enforcement powers Understanding PA Governance …

power/authority responsibilities what the law does identifies who can exercise power source of powers prescribes how power should be exercised provides for sharing of power outlines consequences of non-compliance Understanding PA Governance …

levels of decision-making multilateral/regional bilateral sub-national national global PA system PA sub-units PA Understanding PA Governance …

levels of decision-making sets out which level should make decision provides for cooperation between levels enables allocation of decision-making across levels what the law does prescribes procedures for resolving disputes Understanding PA Governance …

key actors instruments levels of decision-making powers/authority type of decisions five key influential factors what the law does Understanding PA Governance …

four general lessons  PA governance is the result of processes of developing and exercising authority over time.  Understanding PA governance involves clarifying where rights, responsibilities and accountabilities lie  A dynamic and mutually supportive balance among multiple actors and institutions should be sought through powers and instruments exercised at different levels  Governance systems should be dependable but also adaptable, capable of responding to the ever-changing needs of in-situ conservation. Understanding PA Governance …

a continuum of options state-owned state-controlled shared private indigenous & local Understanding PA Governance

Quality of Governance “Good Governance”? legitimacy & voice direction accountability fairness & rights performance public participation predictability transparency equity justice PA Pratitioner PerspectivePA Lawyer Perspective

Overview of the Seminar Understanding “Governance” Legal Aspects Influencing PA Governance

Legal Aspects & PA Governance site-specificcontextual international regional constitutional ownership management access/use/benefits

Legal Aspects & PA Governance  International Context  Instruments (conventions, protocols, guidelines & decisions)  Institutions  Regional Context  Instruments (agreements)  Institutions  Constitutional Issues  Substantive Rights (enviro rights, property rights, customary rights)  Procedural Rights (just administrative action, access to information, locus standi)  Legislative and Administrative Competence (making laws, administering laws, cooperative governance) contextual legal aspects

Legal Aspects & PA Governance site specific legal factors land tenuremanagement single form government individual community full title partial title basis statute contract multiple custom who how single government individual community basis statute contract multiple custom who how form co-mgt t-bound mgt joint mgt access/use/benefits single government individual community basis statute contract multiple custom who how form lease concession permit joint venture

Overview of the Seminar Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance

Relevant Int’al Law & Policy … emerging PA governance discourse IUCN World Parks Congress CBD COP 9 CBD COP IUCN World Conservation Congress 2013 IUCN Governance of PA Guidelines IUCN World Conservation Congress IUCN Guidelines on Indigenous & Local Communities & PAs 2011 IUCN Guidelines for PA Legislation IUCN Guidelines for Applying PA Management Categories CBD COP 7PoWPA Aichi Targets CBD COP IUCN World Parks Congress

Relevant Int’al Law & Policy other supportive international law and policy diverse forms of PA governance World Heritage Convention Ramsar Convention ILO Convention 169 UN Declaration on the Rights of Indigenous Peoples environmenthuman rights

Overview of the Seminar Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types

2013 Management Categories Governance Types Categories of Protected Areas Governance Types

IUCN Governance Types … national sub-national govt-delegated transboundary collaborative joint individuals corporations NGOs indigenous peoples local communities

IUCN Governance Types basis = type of authority/responsibility may be multiple governance types within one PA governance type ≠ governance quality form of governance not necessarily related to ownership legal mechanisms vs categories determination may be complex general issues

Governance by Government  Nature & Form  Classic approach  State-owned/controlled  Formally recognised PAs  Nature of Sub-Categories  Federal/National Ministry/Agency in charge  Sub-National Ministry/Agency in charge  Government-delegated management  Special Legal Considerations  Generally formally legally recognised in PA law  PA law regulates  Declaration  Management regime  Institutional arrangements  Regulation of activities and development  Compliance and enforcement

Shared Governance  Nature & Form  Sharing of authority across several actors  Sharing processes can be formal & informal  Ranges from joint decision-making to consultation  Nature of Sub-Categories  Transboundary governance  Collaborative governance  Joint governance  Special Legal Considerations  Form of “sharing”  Sharing mechanisms  Institutions  Decision-making procedures  Capacity/Support  Flexibility

Private Governance  Nature & Form  Voluntary conservation initiatives  Privately owned/controlled  May be recognised as part of formal PA system  Nature of Sub-Categories  Individuals  Corporations  Non-government organisations  Special Legal Considerations  Legal recognition  Definition  Forms  Securing land  Management authority and accountability  Incentives

Governance by Indigenous Peoples & Local Communities  Nature & Form  Owned/controlled by indigenous peoples and/or local communities  May be recognised as part of formal PA system  Nature of Sub-Categories  Indigenous peoples’ conserved territories and areas  Community conserved areas and territories  Special Legal Considerations  Constitutional issues  Blending customary law and statute  Communal tenure and rights  Customary institutions  Legal recognition, definition, forms, securing land/resource rights, management authority and accountability, access, use and benefits sharing, incentives ICCAs

IUCN Governance Types

Governance Types & the Law PA governance types an essential planning tool legal mechanisms faciliate governance types importance of accountability mechanisms law an important role in giving effect to PA governance types role of the law as an enabler provision for flexibility legal issues

Overview of the Seminar Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Law & Voluntary PA Governance Types

Law & Voluntary Governance Types ICCAsprivate conserved areas a diversity of forms a diversity of options incorporate into formal PA system recognise outside of the formal PA system do not incorporate or formally recognise “Voluntary”

Voluntarily Conserved Areas … granting them formal recognition special legal considerations  Voluntary process  Formal definitions, objectives and standards  Tenure/rights issues  Governance types  Management categories  Institutions  Good governance principles  Public participation  Accountability  Equitable benefit sharing & incentives

Voluntarily Conserved Areas… special legal tools special legal considerations agreements with government easements/covenants/servitudes land trusts

formalities incentives compensation content Description of parties Description of land Objective of agreement Recordal of Management Category Obligations and rights of landowner Access/use rights Land-use restrictions Obligations and rights of government Access rights Management obligations Governance arrangements Governance type Management activities Financing and Support Compensation Duration Termination/Breach Key Principles Types/objective of agreements Authority to negotiate agreements Qualification criteria ‘conservation value’ ‘protected area’ ‘management objectives’ ‘management category’ Qualifying parties Content Negotiation process Public participation Approval process Registration Formal designation Management authority Monitoring & reporting dual agreements incorporation co-management Agreements with Government Voluntarily Conserved Areas…

Easement/Servitude/Covenant terminology nature duration content benefits agreement title deed fixed perpetual landowner government positive negative Voluntarily Conserved Areas…

Land Trusts nature form a “land trust” role of NGOs raise resources decide on role role owner & manager compliance monitorland acquirer easement holder Voluntarily Conserved Areas

Overview of the Seminar Understanding “Governance” Relevant International Laws/Policies Legal Aspects Influencing PA Governance PA Governance Types Law & Voluntary PA Governance Types

Objectives Introduce the origins, form and nature of the concept of “governance” and “PA governance”. Provide an overview of the contextual and site-specific legal aspects that influence/impact on PA governance. Explain the IUCN PA Governance Typologies. Describe legal tools for recognising/promoting the inclusion of voluntary PA governance types in formal PA systems. Explain the international and regional instruments and policies of relevance to governance and PA governance.

Outcomes Understanding of the origins, form and nature of the concept of “governance” and “PA governance”. Clarity on the contextual and site-specific legal factors that influence/impact on PA governance. Knowledge of the IUCN PA Governance Typologies. Awareness of international and regional instruments and policies of relevance to governance and PA governance. Understanding of legal tools for recognising/promoting the inclusion of voluntary PA governance types in formal PA systems.

Details on PA Governance

Core Texts 15 Case Studies5 Case Studies

Building Capacity on Protected Areas Law & Governance Module 2 Governance Principles & Approaches Seminar Presentation Exercises knowledge transferskills development