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Transcript of Equity workshop: Protected areas... equity and equitability - a quick review of CBD decisions on...
Protected areas .... equity and equitabilityA quick review of CBD decisions on protected areas
Trevor SandwithIUCN
March 2015
• 1992 Convention on Biological Diversity• 1995: UNESCO MAB Biosphere Reserve Strategy • 1999, 2002 & 2005: Ramsar Convention
COP7, COP8 and COP9 wise use policy• 2003: Vth IUCN World Parks Congress • 2004: CBD Programme of Work on Protected Areas
(COP 7 Kuala Lumpur, Malaysia) • 2005: First Marine Protected Areas Congress • 2007: United Nations Declaration on the
Rights of Indigenous Peoples • World Conservation Congresses and CBD COPs• 2014 IUCN World Parks Congress
A time line of inclusion of concepts of good governance and equitable practice in international conservation policy:
Preamble:
Recognizing the close and traditional dependence of many indigenous and local communities embodying traditional lifestyles on biological resources, and the desirability of sharing equitably benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components992
Convention on Biological Diversity 1992
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• Recognizing the close and traditional dependence of many indigenous and local communities embodying traditional lifestyles on biological resources, and the desirability of sharing equitably benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components,
CBD Article 8 (j)
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2. Each Contracting Party shall take all practicable measures to promote and advance priority access on a fair and equitable basis by Contracting Parties, especially developing countries, to benefits arising from biotechnologies based upon genetic resources.
CBD Article 19 (2)
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1. Type of governance: 2. Quality of governance:
• legitimacy and voice• direction• performance• accountability• fairness and rights
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Two maindimensions inorder to makegovernance“practical”,easier tocomprehend,assess andevaluate:
The Vth IUCN World Parks Congress 2003Protected area governance diversity and quality
Type A: Governanceby government
Type C: Governanceby private actors
Type B: SharedGovernance
Type D: Governanceby indigenouspeoples and localcommunities
• Striving towards equity (sharing equitably the costs and benefits of establishing and managing protected areas)
• Making sure that public service promotions are merit‐based• Maintaining the rule of law (legal frameworks are fair and
enforced impartially) • Providing timely and competent support
to effective conflict management processes• Ensuring access to justice (legal assistance
and avenues towards impartial judgment are available to all stakeholders in case of conflict)
6. Governance quality: fairness and rights
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Programme of Work on Protected Areas
Goal 2.1: To promote equity and benefit‐sharingTarget: Establish by 2008 mechanisms for the equitable sharing of both costs and benefits arising from the establishment and management of protected areas.
2004 COP 7 Decision VII/28
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2.1.1. Assess the economic and socio‐cultural costs, benefits and impacts arising from the establishment and maintenance of protected areas, particularly for indigenous and local communities, and adjust policies to avoid and mitigate negative impacts, and where appropriate compensate costs and equitably share benefits in accordance with the national legislation.
PoWPA Programme Element 2.1
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3.1.4 Consider governance principles, such as the rule of law, decentralization, participatory decision‐making mechanisms for accountability and equitable dispute resolution institutions and procedures.
PoWPA Programme Element 3Goal 3.1: To provide an enabling policy, institutionaland socio‐economic environment for protected areas
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3.1.9 Identify and foster economic opportunities and markets at local, national and international levels for goods and services produced by protected areas and/or reliant on the ecosystem services that protected areas provide, consistent with protected area objectives and promote the equitable sharing of the benefits.
Programme Element 3 (continued)
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6(e)Further develop and implement measures for the equitable sharing of both costs and benefits arising from the establishment and management of protected areas and make protected areas an important component of local and global sustainable development consistent with national legislations and applicable international obligations;
2008: COP 9 Decision IX/18 Review of the Programme of Work on Protected Areas
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19.Encourages Parties to ensure that conservation and development activities in the context of protected areas contribute to the eradication of poverty and sustainable development and ensure that benefits arising from the establishment and management of protected areas are fairly and equitably shared in accordance with national legislations and circumstances, and do so with the full and effective participation of indigenous and local communities and where applicable taking into account indigenous and local communities’ own management systems and customary use;
2008: COP 9 Decision IX/18 Review of the Programme of Work on Protected Areas
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31.Invites Parties to:(a)Establish clear mechanisms and processes for equitable cost and benefit‐sharing and for full and effective participation of indigenous and local communities, related to protected areas, in accordance with national laws and applicable international obligations;
2010 COP 10 Decision X/18 Strengthening implementation of the Programme of Work on Protected Areas
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Target 11:
By 2020, at least 17 per cent of terrestrial and inland water areas, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area‐based conservation measures, and integrated into the wider landscapes and seascapes.
2010 COP 10 Decision X/2Strategic Plan for Biodiversity 2011‐2020
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Equitable sharing:• of the benefits arising from
the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components
• of costs and benefits arising from: the use of genetic
resources the establishment and
management of protected areas
The use of the concept “equitable”
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of the benefits arising from ecosystem goods and services
Recognition equity (who is a legitimate rights holder or stakeholder)
Distributional equity (for legitimate beneficiaries) in a suite of tangible and intangible benefitsProcedural equity or fairness/justice in the process of arriving at an outcome characterised by equity
Equitable:• Access to the benefits
arising from technologies
• Dispute resolution procedures
• Management
The use of the concept “equitable”
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Procedural fairness or equitability – a characteristic of good governance yielding an equitable outcome
WHAT needs to be shared with WHOM? Substantive distributional equity in relation to equity of recognition
HOW this should be accomplished fairly? Procedural equity