1. Building Capacity on Protected Areas Law & Governance
Module 12
Exercise 1
The Governance Challenge in
Trans-Boundary Protected Areas
Photo: Arch near Spitzkoppe, Namibia. Sourced from Shutterstock (Image ID No ) © Kim Visser
TBPAs

2. Background…
Purpose
Help Learners build awareness of the kinds of issues on which trans-boundary coordination and cooperation is required.
Help identify governance challenges that may present themselves in this regard, both from a legal and practical perspective.
Provide Learners with an opportunity to use their knowledge practically.
Participants should build andimprove analytical skills for problem-solving.
NOTES FOR EDUCATOR
Briefly explain the Purpose of the Exercise.

3. Background Structure time is of the essence!
Introduction to Exercise (10 minutes)
Identify issues needing co-ordination (10 minutes)
Manner and timing of co-ordination (10 minutes)
Impediments from conflicting legal requirements (10 minutes)
Overcoming impediments (10 minutes)
Formal or informal responses (30 minutes)
Future steps (10 minutes)
Sharing recommendations (30 minutes)
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.
time is of the essence!

4. The Case Study… NOTES FOR EDUCATOR
Introduce the Case Study to the Learners.

5. The Case Study TBPA Governance Challenges Description of the parties
Description of the area
Common landscape
Divided jurisdiction
Legal status of the adjacent protected areas
Potential for conflict
Indigenous and NGO perspectives
NOTES FOR EDUCATOR
emphasize that the context and the nature of potential conflicts need to be fully appreciated as a foundation for potential resolution.

6. Processes and Institutions Obstacles and Responses
The Task…
Small Group 1
Small Group 2
Analysis of TB
Identify Issues
Processes and Institutions
NOTES FOR EDUCATOR
Indicate to Learners that they have been broken into two (or more) groups to enhance opportunities for participation:
Indicate to Learners that their task is to analyze governance challenges in the context of the existing TBPA arrangements and the matter(s) in contention.
Highlight that the analysis should be broken down into several elements:
Issue(s) requiring co-ordination or collaboration.
Institutions or processes available for response.
Legislative challenges/ obstacles and means to address these.
Formal vs. Informal alternatives .
Next steps.
Obstacles and Responses
Next Steps

7. Last Few Things Remember the legal frameworks Keep the context in mind
Search for solutions
Trans boundary collaboration may enhance protected areas over time
NOTES FOR EDUCATOR
Highlight the following final aspects before the Learners start the Task.
Remember the Legal Frameworks
Where two jurisdictions are involved you must address multiple legislative requirements.
Keep the Context in Mind
The Case Study sets out the relevant context for the analysis.
Keep this context in mind because other settings may require different responses.
Search for Solutions
Formal and informal alternatives may be available.
Each may have advantages and disadvantages.
Protected areas may be strengthened through TBPA arrangements
Mutually acceptable arrangements have the potential to enhance protected areas if you can identify and implement them and sustain them over time.