UNIT 6 LEGAL ASPECTS – COMMUNITY MANAGEMENT

1. Coastal Fisheries Policy and Planning Course, 28/01/08 – 8/02/08, Apia, Samoa UNIT 6LEGAL ASPECTS – COMMUNITY MANAGEMENT Pio E. Manoa School of Marine Studies Faculty of Islands & Oceans University of the South Pacific Secretariat of the Pacific Community

2. Overview • Importance of Community participation • Examples of Existing Initiatives • Legal Aspects supporting Community management • Further consideration of legal aspects

3. Importance of Community participation • Rights and interests over coastal environments • Reliance on marine resources for subsistence, traditional and commercial purposes • Monitoring, control and surveillance • Existing of traditional/customary protocols and rules in most countries

4. Importance of Community participation cont’d • Traditional knowledge • Control over local and adjacent communities • Future aspirations • Long term sustainability interests

5. Examples of existing initiatives • Locally Managed Marine Areas • Marine Protected Areas • Marine Reserves • Community Conservation Areas • Other forms of traditional management • Role in monitoring, control and surveillance

6. Legal Aspects • Ownership and/or Rights over Coastal Environments • Does the Community have legal ownership over coastal environments? • What kind of rights and interests does the Community have? • Can/do these rights and interests translate into management powers?

7. Legal Aspects cont’d • Community as a Legal Entity • A legal entity is an entity recognised in law • Are resource owners recognised as a legal entity? • If resource owners are not recognised as a legal entity, how can an entity be formed? • Trust; Company; Incorporated Association; Registered Charitable Association; Agreement with government etc.

8. Legal Aspects cont’d • Constitutional Recognition • The highest recognition • Examples in Palau, RMI, Samoa, Vanuatu, PNG, FSM, Nauru, Tuvalu, Kiribati, Solomon Islands. • Natural resources of country vested in people and government

9. Legal Aspects cont’d • Constitutional Recognition cont’d • But Constitution uses general language • Scope of powers of customary/traditional authorities usually limited • Need to elaborate on community rights and interests in other legislation

10. Legal Aspects cont’d • Support in National Legislation • Can clarify rights and interests • Empowers Community to take certain action within legislative limits • May be elaborated in subsidiary legislation (regulations, by-laws)

11. Legal Aspects cont’d • Support in National Legislation cont’d • Many examples in region • Samoa: • Village Fono Act 1990 • Fisheries Amendment Act 2002 • Planning and Urban Management Act 2004

12. Legal Aspects cont’d • Subsidiary Legislation • Should detail the rights, interests and powers of Community • Enabled by legislation • Example: Tuvalu: Falekaupule Act 1997 – making of regulations • Example: Samoa: Village Fono Act 1990 – community by-laws

13. Further consideration of Legal Aspects • Constitutional provisions offer highest recognition but needs additional legislative provisions • National legislation offers specific recognition and can be supplemented by subsidiary legislation • Community law-making and enforcement powers confirms Community importance in management

14. Further consideration of Legal Aspects • Community engagement strengthens national management and enforcement capability • Need to consider: • Harmonised or compatible measures • Coordinated implementation • Capacity building strategy • Incentives scheme(?)