1. Support the spread of “good practice” in generating, managing, analysing and communicating spatial information Legal and Political Frameworks By: Michael McCall and Janik Granados Unit: M05U02

2. Content Introduction International conventions and policies Policy instruments Land and resource rights and entitlements Status of indigenous and local people Recognition of community-based mapping Examples of community-based mapping

3. Introduction This Unit focuses on “external”, macro- scale factors which affect the initiation, implementation and follow-up of processes involving participatory mapping.

4. International conventions and policies International conventions might affect national legislation. Local communities may be able to call upon them. International frameworks and commitments are significant for a number of reasons.

5. International conventions and policies Examples: –UN conventions on indigenous peoples and intellectual property rights, including indigenous knowledge –policies of bilateral and multilateral donors, which may be significant in a specific country

6. International conventions and policies International legislation that supports participatory mapping may address: –respect for communal property; –respect for political rights of indigenous, underprivileged and marginalised people; –international intercommunity networking for support; –opportunities to appeal to external international authorities.

7. Policy instruments Policy instruments are the economic, social or political mechanisms used to influence a target group.

8. Policy instruments Policies refer to “why” questions. Policy instruments refer to “what” questions. Implementation of policy instruments refers to “how” questions.

9. Policy instruments Four key characteristics influence policy instruments: –key actors –goals and purposes of key actors –information –power

10. Policy instruments Communicative instruments educate people. Incentive instruments persuade people. Regulatory instruments control people.

11. Land and resources rights and entitlements A common purpose of PGIS is to map land and resource claims. Control over land and resources has many functions: –access –withdrawal –management –exclusion –alienation

12. Land and resources rights and entitlements A key factor is land and resource tenure policy and legislation: –private property –communal property –state property –open access

13. Customary land tenure system e.g. Aboriginal Australia Market-oriented land tenure e.g. Australian cadastral system Spiritual physical connection to landLand as a marketable commodity Communal ownership; stewardshipExclusive ownership; registered land Land transferred through inheritanceTransfer of land by sale, lease, inheritance Evidence of tenure via song, dance, stories, pictures, ceremonies Written records by Certificate of Title; long-term storage in databases Boundaries are “limits of influence” topography, sacred spaces Boundaries are geodetic, demarcated by monuments; state regulation Overlapping rights and responsibilities; negotiated with neighbouring peoples Rights on neighbouring lands restricted and controlled by the state Soft boundaries; temporary/seasonally flexible boundaries Hard boundaries; mostly fixed boundaries Rich meanings – holistic GIS cannot handle; maybe PGIS can Precise meanings GIS handles cadastral systems well Land tenure: communal vs. private property

14. Land and resources rights and entitlements Participatory mapping is the mapping of activities by local people. The people’s relationship to land and land resources is a key factor.

15. Land and resources rights and entitlements Are the land and resource titles of the country supported by legislation and the courts? Are they backed up by law enforcement agencies?

16. Status of indigenous and local people Local and indigenous communities often make claims by customary rather than by modern law. A significant enabling or disabling factor is the legal status of the indigenous people and other local communities. Are they recognised as a distinct community?

17. Recognition of community- based mapping Outside authorities and decision makers must recognise the validity and legitimacy of maps made by local people. Maps made by communities can include abstract conceptualisations.

18. Recognition of community- based mapping Authorities should accept visible spatial information (e.g. names, toponyms, boundaries, area and management systems). Authorities should accept alternatives to standard surveying.

19. Examples of community-based mapping Examples illustrate the benefits of transitioning from sketch mapping to adopting GIS in order to practise PGIS. GIS provides the accuracy required for court procedures. –“The government won't recognise anyone without a map …” –“A map is likely to enhance a court’s understanding…”