-Module 12-
TRANS-BOUNDARY PROTECTED AREAS
- SPECIAL CONSIDERATIONS -
EXERCISE 1
TBPA Governance Challenges
OBJECTIVES AND INSTRUCTIONS
· Nature of the Exercise
o Small Group Exercise.
o Case Study.
o Legal Problem Solving; institutional design.
o Small Group Presentation.
· Purpose of the Exercise
o This exercise is intended to provide opportunities to build awareness of the kinds of issues on which trans-boundary coordination and cooperation is required and the governance challenges that may present themselves in this regard, both from a legal and practical perspective.
o The exercise should also provide Learners with an opportunity to practically use their knowledge.
o By engaging in the exercise, participants should build/improve analytical skills for problem-solving.
· Methodology and Procedure
o Divide Learners into small discussion groups of two to four participants.
o Based on Annex A, the Educator will describe a factual scenario centred on an area which straddles two neighbouring states, the parts of the area falling within each country being recognised as a protected area in terms of that country’s protected areas legislation. The case study will highlight considerations affecting the potential for conflict or co-operation between the two neighbouring jurisdictions (10 minutes). Such matters typically include:
§ Ongoing and proposed activities within each of the protected areas, such as commercial activities and tourism.
§ Threats to the protected areas, such as poaching and alien invasive species.
§ Involvement of local communities within each of the protected areas.
o The Educator will also provide the groups with excerpts from the applicable protected areas laws of the two states involved. Annex C includes a summary of selected provisions from the two neighbouring states. As an alternative, the Educator may wish to draw upon existing legislation from jurisdictions that are more immediately relevant to the participants.
o Each group is required to consider, and make recommendations regarding the following (80 minutes total):
§ The specific issues that require coordination and co-operation. (10 minutes)
§ The proposed manner and timing of such cooperation and coordination. (10 minutes)
§ Whether there are any impediments to coordinated action due to conflicting legal requirements in the protected areas laws of the two countries. (10 minutes)
§ How such obstacles could be overcome. (10 minutes)
§ Whether the cooperation and coordination should best take place through informal arrangement or a formal agreement, or a combination, and whether the countries are advised to proceed on a comprehensive basis in which they endeavour to address a full range of issues, or on a sequential basis where only selected issues would be addressed at the initial stage with other matters indefinitely deferred. (30 minutes)
§ Any future steps that might be anticipated. (10 minutes)
o All Learners will then come back together and the Educator will select two groups to present their recommendations (2 x 15 = 30 minutes).
o Other Learners in the group should be encouraged to raise questions or provide input as a means of enhancing overall understanding of the analysis and recommendations being advanced.
o A supplementary or alternative form of the exercise is based on Annex D, a document containing excerpts from the text of an existing MOU between two neighbouring jurisdictions concerning their shared interest in an area described as “The Crown of the Continent.” Using this document as a template or model, participants would be asked to adapt its language to the requirements of the situation described in Annex A.
RESOURCES
· Introductory presentation
· Annex A – Case Study (Narrative and Questions)
· Annex B – Map of the case study
· Annex C – Selected Legislative Provisions
· Annex D – Crown of the Continent MOU [Supplementary or Alternative Exercise]
Annex A – CASE STUDY
THE CONTEXT
For centuries, at least, the great grok has travelled seasonally from its highland range in the mountains of Alpinia to breed in the lush coastal bioregion of neighbouring Belownia.
But according to a scientific study recently completed by a team of Belownia researchers, great grok numbers are in decline. Provisionally, the Belownia team has attributed the fall in the grok population to over-harvesting and harassment of the grok population by Alpinia’s grokee community , an indigenous population for whom the grok has long been a cultural symbol and an important contributor to subsistence.
The grokee people also derive significant income from their highly-esteemed work as guides in a network of Highland Hunting Hotels that have been established within Alpinia’s Recreational Highland Reserve.
Belownia’s approach to protected areas has always been a bit different with a strong conservationist ethic playing an influential role in the formation and management of the Coastal Lowlands Resources Sanctuary.
Representatives of Alpinia have not yet responded formally to the Belownian researchers’ study , but it is widely understood that Alpinia’s advisors will dispute the findings, arguing in the first instance that the total grok inventory was unreliable and secondly that if there really are fewer grok in Belownia these days, the situation can be explained almost entirely by climate change which makes the highlands inhabitable for longer periods of the year, sometimes even including breeding season.
An externally-financed team of international observers consisting of scientific specialists, tourism analysts and nature journalists now wants to investigate the grok story systematically and to offer an independent assessment to both governments. This group proposes a thorough two-year inquiry which would supplement scientific findings by recruiting tourists to keep an eye on the groks and to record data. My Grok is already active with sightings.
The protected areas managers of Alpinia’s Recreational Highland Reserve and of Belownia’s Coastal Lowlands Resources Sanctuary need advice as to how they might proceed in responding (if at all) to the suggested research program. They have not had much prior experience on the research front, or in consultations involving matters of joint concern to both protected areas.
In addition, each of the managers has some serious doubts and reservations. As the manager of Belownia’s Coastal Lowlands Resources Sanctuary tells the story, the last time international experts set up operations several people became lost and park rangers were exposed to considerable danger in conducting rescue operations. Alpinia’s manager has a different challenge. The grokee community is deeply offended that anyone would doubt its assessment of the grok population and has already voiced its opposition to any process or inquiry that might involve non-grokee guides and outfitters leading researchers and tourists through the region.
YOUR TASK
For the purpose of this exercise you have been divided into smaller groups for discussion and consultation purposes.
Familiarize yourselves with the case study narrative in Annex A and the accompanying map in Annex B, and review the relevant legislation that has been provided in Annex C.
Then, within the context of the small group, undertake the following tasks:
1. Identify issues that require co-ordination or co-operation between the jurisdictions
2. Consider what institutions or processes you might use to address these issues
3. Consider obstacles or challenges arising from the relevant legislation and suggest ways in which these might be addressed
4. Decide whether you would propose to proceed on the basis of informal arrangements or a formal agreement between the parties.
5. Identify next steps.
You will also wish to designate a spokesperson for the purpose of presenting your advice and recommendations for discussion in the larger group.
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ANNEX C - SELECTED LEGISLATIVE PROVISIONS
Alpinia Legislation
1. Protected Areas Act [Ministry of Natural Resources]
a. Purpose: to promote the enjoyment and sustainable use of natural resources
b. Management Planning: to be carried out by the Ministry of Natural Resources in consultation with business, community and environmental stakeholders
c. Approval of Management Plans: the Minister shall have authority to approve Management Plans which shall be subject to periodic review
d. Superintendents: reserves and other areas designated under this legislation shall be under the operational direction of a Superintendent who shall have responsibility for administrative decisions consistent with the purposes of this legislation and any applicable Management Plan
2. Wildlife Act [Ministry of Natural Resources]
a. Harvest levels for all species of Alpinian wildlife are to be set on an annual basis with due regard to the interests of traditional and commercial users
3. International Relations and Trade Act [Ministry of International Relations]
a. International Agreements: The Minister is authorized to conduct international discussions and negotiations with a view to ensuring peaceful relations and enhancing the interests and well-being of the Alpinian nation.
Belownia Legislation
1. Parks and Conservation Areas Act [Ministry of Environment]
a. Purpose: to ensure the long-term maintenance of the natural environment for the benefit of present and future generations
b. Management Planning: management plans consistent with best conservation practices are to be developed on advice from the National Science Panel on Environment and Resources
c. Administration: Parks Managers are responsible for taking measures to safeguard environmental conditions in and around protected areas and for this purpose may, in their discretion, enter into contracts or agreements with any body, group or organization.
2. Endangered Species Act [Ministry of Environment]
a. Prohibition: provides prohibition against taking, threatening or interfering with any species ordinarily resident in Belownia whose population has been determined to be severely vulnerable.
3. Foreign Affairs Act: [Ministry of Foreign Affairs]
a. Purpose: to promote the best interests of Belownia on the international level with particular reference to economic, social and environmental matters
b. Ministerial Authority: the Minister of Foreign Affairs shall have full power and authority to enter into administer agreements consistent with the purpose of this act subject to the concurrence of the Belownian Council for International Relations and the approval of the President
ANNEX D - CROWN OF THE CONTINENT MOU (Montana-Alberta) [Alternative Exercise]
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