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Governance

The resources outlined below are designed to assist practitioners in the challenging area of governing protected areas.  This subject area is divided into two parts:

Governance and Legislation Guidance

A combination of global guidance documents for governance and Pacific related papers addressing legislation gaps in certain countries and discussing legal frameworks for community-based management etc

Enforcement and Compliance

Useful guidance papers developed by PIMPAC for conservation officers in the Pacific Islands, as well as some more general papers on enforcement in protected areas.  There is also a resource discussing the use of economic incentives for community-based nature conservation.

Governance

A Guide to Establishing a Program Compliance and Enforcement Plan

A Guide to Establishing a Program Compliance and Enforcement Plan. Pacific Islands Managed and Protected Areas Community (PIMPAC) document: Conservation Enforcement Training

This document is one of a series of practical guides designed to assist marine conservation programs and practitioners in planning, building, and implementing effective conservation compliance and enforcement action.

Although this guide can be completed independently, it is best to work within a team that includes those who are familiar with local customs, rules and regulations, legal contexts, and existing resource management programs in order to ensure that the plan is as realistic and accurate as possible.


A Step‐by‐Step Guide for Developing Effective Standard Operating Procedures for Conservation Enforcement Programs

Pacific Islands Managed and Protected Areas Community (PIMPAC) document: Conservation Enforcement Training

This guide is intended to assist government conservation and resource management agencies identify a process for developing good standard operating procedures (SOPs) within its conservation law enforcement program.

The purpose of the written SOP manual is to clearly document and explain the mission, organization, policies and procedures to all staff, supervisors, and administers.

Policies are broadly stated principles and values intended to guide members in the performance of their duties. Procedures are methods of performing activities to achieve an objective.


Coastal Change in the Pacific islands: Volume two

Community-Based Incentives for Nature Conservation

Emerton, L. 2001.  Community-Based Incentives for Nature Conservation.  IUCN The World Conservation Union, Eastern Africa Regional Office and Economics Unit.

Economic incentives could contribute towards achieving compliance within protected area systems.

This resource kit describes practical steps and methods for identifying and using economic incentives in community-based nature conservation, and illustrate these with case studies from Eastern Africa.

It is targeted primarily at conservation and development managers engaged in the design and implementation of field-level programmes and projects. Case studies include sustainable land use in woodland areas in Kenya and urban wetlands conservation in Uganda.


Could an Ancient Principle of Law Help Protect the Sea?

Creating Legal Space for Community-based Fisheries and Customary Marine Tenure in the Pacific: Issues and Opportunities.

Kuemlangan, B. 2004. Creating Legal Space for Community-based Fisheries and Customary Marine Tenure in the Pacific: Issues and Opportunities. FishCode Review. No. 7 (En). Rome, FAO.

This is a brief study that primarily looks at the legal aspects of Community Based Fishery Management (CBFM) and the role of legislation in enhancing Customary Marine Tenure (CMT). It was prepared on the basis of a literature and legislative review and site visits to the Cook Islands, Fiji, Palau, Papua New Guinea, Solomon Islands and Vanuatu.

This paper is divided in three overall sections:


Enforcement and Coastal Development for Marine Conservation

Corrigan, C. 2007. Enforcement and Coastal Development for Marine Conservation. Innovations in Conservation Series. Parks in Peril Program. Arlington, VA, USA: The Nature Conservancy

Parks in Peril (www.parksinperil.org) is a partnership of organizations across Latin American and the Caribbean working to protect natural resources through organisation.


Fully Protected Marine Reserves: a Guide.

Roberts, C.M. and Hawkins,  J.P. 2000. Fully Protected Marine Reserves: a Guide. WWF Endangered Seas Campaign, Washington D.C.

This guide provides in-depth answers to 27 pertinent questions relating to full protected marine reserves. Question 26 asks the question “how should reserves be enforced?’ In answer to this question, Roberts and Hawkins discuss the importance of including stakeholders in reserve establishment, particularly fishermen.


Governance of Protected Areas: From Understanding to Action.

Borrini-Feyerabend, G., Dudley, N. Jaeger, T., Lassen, B., Pathak Broome, N., Phillips, A. and Sandwith, T. 2013. Governance of Protected Areas: From Understanding to Action. Best Practice Protected Area Guidelines Series No. 20, Gland, Switzerland.


Governing MPAs – Getting the Balance Right

Jones, P.J.S, Qiu W., and De Santo E.M. 2011. Governing MPAs – Getting the Balance Right. Technical Report, United Nations Environment Programme (UNEP)

This report presents work that was initiated at an international workshop supported by UNEP bringing together 20 marine protected area (MPA) case studies from different regions. These were subjected to detailed analysis employing a governance analysis framework developed by Dr. Peter Jones.


Guidelines for Protected Area Legislation

Lausche, B. 2011. Guidelines for Protected Area Legislation. IUCN, Gland, Switzerland. 


Guidelines for Protected Area Legislation

Barbara., L. 2011. Guidelines for Protected Area Legislation. IUCN, Gland, Switzerland.

Chapter 10 of these extensive guidelines covers the topic of Enforcement and Compliance. The chapter reviews basic considerations important to include in protected areas legislation for compliance with and enforcement of regulated activities. It begins by providing context on the various tools available to promote compliance with protected areas legislation and the relationship of compliance to enforcement.

It then reviews the range of functions of authorized officers, from enforcement to outreach and education, and considerations associated with offences and penalties of a criminal and civil nature.


Guide to Writing and Filing Incident Reports and Citations for Conservation Officers

Guide to Writing and Filing Incident Reports and Citations for Conservation Officers. Pacific Islands Managed and Protected Areas Community (PIMPAC) document: Conservation Enforcement Training

This guide is designed to teach conservation officers how to correctly write and file incident reports and citations. It is based on information presented at the MPA Enforcement Capacity Building Workshop in Palau in March 2011. It describes the five parts of an incident report and has a useful example of an incident report form.


Legal Mechanisms for the Establishment and Management of Terrestrial Protected Areas in Fiji

Clarke, P. Gillespie, C.T.  2009. Legal Mechanisms for the Establishment and Management of Terrestrial Protected Areas in Fiji.  IUCN. Suva, Fiji.

This briefing paper provides an overview of the existing legal mechanisms for establishment and management of terrestrial protected areas in Fiji, with an emphasis on community‐based approaches to conservation. Both the international policy context and a review of the relevant national policies are described along with a summary of all national legislation that has the potential to deliver site-based conservation benefits. This is in light of the fact that Fiji does not have a dedicated protected area legislation.


Marine Protected Areas Policy and Legislation Gap Analysis: Fiji Islands.

Techera, E.J. and Troniak, S. 2009.  Marine Protected Areas Policy and Legislation Gap Analysis: Fiji Islands. IUCN Regional Office for Oceania, Suva, Fiji.

This paper assesses the legislation and current relevant policies in the Fijian Islands. The ‘gaps’ identified include areas where legislation and policy are missing and identify the areas where there is a difference between the written law and policy and what is being applied in practice by local people. It demonstrates that although centralised law and policy is evident, the theory and practice do not match.


Model Law for Protection of Traditional Ecological Knowledge

Model Law for Protection of Traditional Ecological Knowledge.  Unknown Source.  Available Through GRAIN Website.

GRAIN is a small international non-profit organisation that works to support small farmers and social movements in their struggles for community-controlled and biodiversity-based food systems. This model law which is uploaded through their website can be used by lawyers or managers who wish to create a law for the protection of traditional ecological knowledge (TEK).

This act is designed to prevent un-authorised use of TEK, innovations, and practices and to ensure equitable sharing of benefits derived from the use of such knowledge, innovations and practices.


Protected Area Governance and Management

Protected Area Governance and Management

Editors: Graeme L. Worboys, Michael Lockwood, Ashish Kothari, Sue Feary and Ian Pulsford


Protected Areas Law Capacity Development

Protected Areas Law Capacity Development

Strong and well-implemented legal frameworks are critical to creating and maintaining effective and sustainable protected areas, which provide fundamental infrastructure for conservation of biological diversity and ecosystem services.


Sasakawa Peace Foundation

Sasakawa Peace Foundation

Toward New Ocean Governance
We make necessary proposals for ocean governance and promote implementation to protect this common heritage of mankind. With international cooperation and coordination, we promote research and studies aiming for comprehensive ocean management and sustainable development. As an organization of a country surrounded by the sea, we pursue a model of a new ocean State that maintains a balance between development and utilization of marine resources and environmental protection. We make efforts to enhance cooperation with the international community, especially with Asian and Pacific countries, to establish the ocean governance of the future.


The state of technology transfer obligations in global environmental governance and law: biodiversity conservation and sustainable use

Governance And Legislation Guidance

A Global Register of Competences for Protected Area Practitioners

A Global Register of Competences for Protected Area Practitioners

As the global coverage of protected areas approaches 20% of the land surface and 10% of the sea surface, more and more individuals, agencies and communities are responsible for safeguarding the planet’s natural and associated cultural heritage. Managing protected areas is becoming more demanding and more diverse. Today’s managers, staff and stewards are expected to:


A regulation-based classification system for Marine Protected Areas (MPAs)

A regulation-based classification system for Marine Protected Areas (MPAs)

Conservation standards: From rights to responsibilities

Conservation standards: From rights to responsibilities

Although conservation interventions aim to protect biological and cultural diversity, they can affect communities in a number of ways. The vast body of international law, norms and standards protecting human rights offers little rights-based, practical guidance for conservation initiatives. Focusing on indigenous peoples, this paper aims to provide a set of draft conservation standards that outline:

• how indigenous peoples’ rights are enshrined in international law

• how conservation interventions can infringe these rights


Could an Ancient Principle of Law Help Protect the Sea?

Creating Legal Space for Community-based Fisheries and Customary Marine Tenure in the Pacific: Issues and Opportunities.

Kuemlangan, B. 2004. Creating Legal Space for Community-based Fisheries and Customary Marine Tenure in the Pacific: Issues and Opportunities. FishCode Review. No. 7 (En). Rome, FAO.

This is a brief study that primarily looks at the legal aspects of Community Based Fishery Management (CBFM) and the role of legislation in enhancing Customary Marine Tenure (CMT). It was prepared on the basis of a literature and legislative review and site visits to the Cook Islands, Fiji, Palau, Papua New Guinea, Solomon Islands and Vanuatu.

This paper is divided in three overall sections:


Enhancing Pacific Ocean Governance

Evolution of International Governance of Biodiversity

From livelihoods to equity for better protected area conservation

Governance of Protected Areas: From Understanding to Action.

Borrini-Feyerabend, G., Dudley, N. Jaeger, T., Lassen, B., Pathak Broome, N., Phillips, A. and Sandwith, T. 2013. Governance of Protected Areas: From Understanding to Action. Best Practice Protected Area Guidelines Series No. 20, Gland, Switzerland.


Governing MPAs – Getting the Balance Right

Jones, P.J.S, Qiu W., and De Santo E.M. 2011. Governing MPAs – Getting the Balance Right. Technical Report, United Nations Environment Programme (UNEP)

This report presents work that was initiated at an international workshop supported by UNEP bringing together 20 marine protected area (MPA) case studies from different regions. These were subjected to detailed analysis employing a governance analysis framework developed by Dr. Peter Jones.


Guidelines for Protected Area Legislation

Lausche, B. 2011. Guidelines for Protected Area Legislation. IUCN, Gland, Switzerland. 


IUCN Pacific Centre for Environmental Governance

IUCN Pacific Centre for Environmental Governance

PCEG, which is based out of IUCN’s Suva office, will provide world-class environmental governance support for Pacific Island decision makers and to existing IUCN programs. It will also contribute to the discussion and debate on pressing issues within and around the conservation sector. 


Legal Mechanisms for the Establishment and Management of Terrestrial Protected Areas in Fiji

Clarke, P. Gillespie, C.T.  2009. Legal Mechanisms for the Establishment and Management of Terrestrial Protected Areas in Fiji.  IUCN. Suva, Fiji.

This briefing paper provides an overview of the existing legal mechanisms for establishment and management of terrestrial protected areas in Fiji, with an emphasis on community‐based approaches to conservation. Both the international policy context and a review of the relevant national policies are described along with a summary of all national legislation that has the potential to deliver site-based conservation benefits. This is in light of the fact that Fiji does not have a dedicated protected area legislation.


Mapping Governance Gaps on the High Seas

Mapping Governance Gaps on the High Seas

Marine Protected Areas Policy and Legislation Gap Analysis: Fiji Islands.

Techera, E.J. and Troniak, S. 2009.  Marine Protected Areas Policy and Legislation Gap Analysis: Fiji Islands. IUCN Regional Office for Oceania, Suva, Fiji.

This paper assesses the legislation and current relevant policies in the Fijian Islands. The ‘gaps’ identified include areas where legislation and policy are missing and identify the areas where there is a difference between the written law and policy and what is being applied in practice by local people. It demonstrates that although centralised law and policy is evident, the theory and practice do not match.


METT Handbook

METT Handbook: A guide to using the Management Effectiveness Tracking Tool (METT)

Foreward

The METT was developed as part of the WWF-World Bank Forest Alliance programme and the first version was field tested in 2001. Since then it has been adopted and adapted by the Global Environment Facility and many other countries, organisations and projects, as outlined in this publication.


Model Law for Protection of Traditional Ecological Knowledge

Model Law for Protection of Traditional Ecological Knowledge.  Unknown Source.  Available Through GRAIN Website.

GRAIN is a small international non-profit organisation that works to support small farmers and social movements in their struggles for community-controlled and biodiversity-based food systems. This model law which is uploaded through their website can be used by lawyers or managers who wish to create a law for the protection of traditional ecological knowledge (TEK).

This act is designed to prevent un-authorised use of TEK, innovations, and practices and to ensure equitable sharing of benefits derived from the use of such knowledge, innovations and practices.


Multilateral Environmental Agreement Negotiator's Handbook - Pacific Region

Nagoya Protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. 


Panorama: Sharer Your Protected Area Solutions

Perspectives on Marine Protected Areas

Different perspectives to best manage the Pacific Ocean in the interests of all who live there.

Hilborn, R. (2016). Marine biodiversity needs more than protection. Nature, 535(7611), 224-226.
http://www.nature.com/news/policy-marine-biodiversity-needs-more-than-protection-1.20229

Charles et al. (2016). Fishing livelihoods as key to marine protected areas: insights from the World Parks Congress. Aquatic Conservation. 26, S2. 165-184
http://onlinelibrary.wiley.com/doi/10.1002/aqc.2648/full


Protected Areas Law Capacity Development

Protected Areas Law Capacity Development

Strong and well-implemented legal frameworks are critical to creating and maintaining effective and sustainable protected areas, which provide fundamental infrastructure for conservation of biological diversity and ecosystem services.


Sasakawa Peace Foundation

Sasakawa Peace Foundation

Toward New Ocean Governance
We make necessary proposals for ocean governance and promote implementation to protect this common heritage of mankind. With international cooperation and coordination, we promote research and studies aiming for comprehensive ocean management and sustainable development. As an organization of a country surrounded by the sea, we pursue a model of a new ocean State that maintains a balance between development and utilization of marine resources and environmental protection. We make efforts to enhance cooperation with the international community, especially with Asian and Pacific countries, to establish the ocean governance of the future.


Socio-ecological production landscapes and seascapes (SEPLS)

The Legal Aspects of Connectivity Conservation

The state of technology transfer obligations in global environmental governance and law: biodiversity conservation and sustainable use