Rethinking Protected Areas Governance Alexander Paterson Institute of

Rethinking Protected Areas Governance Alexander Paterson Institute of Marine and Environmental Law 1 University of Cape Town

‘Governance’ ‘the institutions, processes and traditions which determine how power is exercised, how decisions are taken and how citizens have their say’ exercise of authority ‘the sum of the many ways individuals and institutions, form outcome public and private, manage their common affairs’ good who ‘the exercise of political, economic and administrative authority in the management of a country’s affairs at all levels’ how bad ‘the traditions and institutions by which authority in a country is exercised’ ‘governance is viewed as a sort of magic wand to address a wide variety of challenges’ ‘the action or manner of governing or being governed’ 2

Governance & Protected Areas Dearden + Borrini-Feyerabend 2003 World Parks Congress ‘complex’ ‘no one best way’ ‘nuanced’ ‘governance a key to success’ NEED TO create a common language WCPA develop governance categories link to management categories 3

IUCN Governance Guidelines 2008 Management Categories + understand plan for AIM Governance Categories accurately record 4

local community indigenous peoples for-profit orgs not-for-profit orgs private persons joint management co-management transboundary govt-delegated sub-national Protected Areas Matrix 5

Potential Confusion restricted view of governance management confusing use of terminology ‘collaborative management’ ‘joint management’ ‘co-management’ governance by government private governance overlapping categories shared governance local community governance 6

Illustrating the Potential Confusion Kruger National Park Dwesa-Cwebe Nature Reserve 7

Dwesa-Cwebe Nature Reserve 8

Dwesa-Cwebe… 1975 established 2001 agreement land claim community ownership trust government management 7 x CPA lease contract land hotel trust prov govt agreement planning access use prov govt company management enforcement 9

local community indigenous peoples for-profit orgs not-for-profit orgs private persons joint management co-management transboundary govt-delegated sub-national Applying the PA Matrix 10

Kruger National Park 11

Kruger National Park 1926 established ownership management Govt SANParks Private 12

Kruger National Park Pafuri Area land claim 13

Kruger National Park 1926 RSA established ownership management Govt SANParks Private 1998 community agreement ownership management CPA government SANParks agreement lease planning manage enforce SANParks CO’s profit 14

Greater Limpopo Transfrontier Park 15

Greater Limpopo Transfrontier Park 1926 Zimbabwe established ownership management Govt SANParks ownership Govt RSA Private management Govt Private 2002 1998 community agreement ownership AGREEMENT government management Govt CPA SANParks Govt NGO agreement lease profit planning manage SANParks CO’s enforce ownership management Mozambique 16

local community indigenous peoples for-profit orgs not-for-profit orgs private persons joint management co-management transboundary govt-delegated sub-national Applying the PA Matrix 17

Actual Confusion restricted view of governance confusing use of terminology overlapping categories 18

Towards a New Approach tenure management who single who multiple single multiple government community individual how basis form statute full title statute co-mgt custom partial title custom joint mgt contract transboundary mgt contract 19

The Potential Outcome good governance protected areas governance understanding planning recordal 20