1. UNIT 6 LEGAL ASPECTS – COMMUNITY MANAGEMENT
Coastal Fisheries Policy and Planning Course, 28/01/08 – 8/02/08, Apia, Samoa
UNIT 6 LEGAL ASPECTS – COMMUNITY MANAGEMENT
Pio E. Manoa
School of Marine Studies
Faculty of Islands & Oceans
University of the South Pacific
Secretariat of the Pacific Community

2. Overview Importance of Community participation
Examples of Existing Initiatives
Legal Aspects supporting Community management
Further consideration of legal aspects

3. Importance of Community participation
Rights and interests over coastal environments
Reliance on marine resources for subsistence, traditional and commercial purposes
Monitoring, control and surveillance
Existing of traditional/customary protocols and rules in most countries

4. Importance of Community participation cont’d
Traditional knowledge
Control over local and adjacent communities
Future aspirations
Long term sustainability interests

5. Examples of existing initiatives
Locally Managed Marine Areas
Marine Protected Areas
Marine Reserves
Community Conservation Areas
Other forms of traditional management
Role in monitoring, control and surveillance

6. Legal Aspects Ownership and/or Rights over Coastal Environments
Does the Community have legal ownership over coastal environments?
What kind of rights and interests does the Community have?
Can/do these rights and interests translate into management powers?

7. Legal Aspects cont’d Community as a Legal Entity
A legal entity is an entity recognised in law
Are resource owners recognised as a legal entity?
If resource owners are not recognised as a legal entity, how can an entity be formed?
Trust; Company; Incorporated Association; Registered Charitable Association; Agreement with government etc.

8. Legal Aspects cont’d Constitutional Recognition
The highest recognition
Examples in Palau, RMI, Samoa, Vanuatu, PNG, FSM, Nauru, Tuvalu, Kiribati, Solomon Islands.
Natural resources of country vested in people and government

9. Legal Aspects cont’d Constitutional Recognition cont’d
But Constitution uses general language
Scope of powers of customary/traditional authorities usually limited
Need to elaborate on community rights and interests in other legislation

10. Legal Aspects cont’d Support in National Legislation
Can clarify rights and interests
Empowers Community to take certain action within legislative limits
May be elaborated in subsidiary legislation (regulations, by-laws)

11. Legal Aspects cont’d Support in National Legislation cont’d
Many examples in region
Samoa:
Village Fono Act 1990
Fisheries Amendment Act 2002
Planning and Urban Management Act 2004

12. Legal Aspects cont’d Subsidiary Legislation
Should detail the rights, interests and powers of Community
Enabled by legislation
Example: Tuvalu: Falekaupule Act 1997 – making of regulations
Example: Samoa: Village Fono Act 1990 – community by-laws

13. Further consideration of Legal Aspects
Constitutional provisions offer highest recognition but needs additional legislative provisions
National legislation offers specific recognition and can be supplemented by subsidiary legislation
Community law-making and enforcement powers confirms Community importance in management

14. Further consideration of Legal Aspects
Community engagement strengthens national management and enforcement capability
Need to consider:
Harmonised or compatible measures
Coordinated implementation
Capacity building strategy
Incentives scheme(?)