LEGAL-ASPECTS-–-COMMUNITY-MANAGEMENT法律方面的–社区管理课件.ppt
UNIT 6LEGAL ASPECTS COMMUNITY MANAGEMENT,Pio E. ManoaSchool of Marine StudiesFaculty of Islands & OceansUniversity of the South Pacific,Coastal Fisheries Policy and Planning Course, 28/01/08 8/02/08, Apia, Samoa,Secretariat of the Pacific Community,UNIT 6LEGAL ASPECTS COMMUNI,Overview,Importance of Community participationExamples of Existing InitiativesLegal Aspects supporting Community managementFurther consideration of legal aspects,OverviewImportance of Communit,Importance of Community participation,Rights and interests over coastal environmentsReliance on marine resources for subsistence, traditional and commercial purposesMonitoring, control and surveillanceExisting of traditional/customary protocols and rules in most countries,Importance of Community partic,Importance of Community participation contd,Traditional knowledgeControl over local and adjacent communitiesFuture aspirationsLong term sustainability interests,Importance of Community partic,Examples of existing initiatives,Locally Managed Marine AreasMarine Protected AreasMarine ReservesCommunity Conservation AreasOther forms of traditional managementRole in monitoring, control and surveillance,Examples of existing initiativ,Legal Aspects,Ownership and/or Rights over Coastal EnvironmentsDoes 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?,Legal AspectsOwnership and/or,Legal Aspects contd,Community as a Legal EntityA legal entity is an entity recognised in lawAre 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.,Legal Aspects contdCommunity,Legal Aspects contd,Constitutional RecognitionThe highest recognitionExamples in Palau, RMI, Samoa, Vanuatu, PNG, FSM, Nauru, Tuvalu, Kiribati, Solomon Islands.Natural resources of country vested in people and government,Legal Aspects contdConstituti,Legal Aspects contd,Constitutional Recognition contdBut Constitution uses general languageScope of powers of customary/traditional authorities usually limited Need to elaborate on community rights and interests in other legislation,Legal Aspects contdConstituti,Legal Aspects contd,Support in National LegislationCan clarify rights and interestsEmpowers Community to take certain action within legislative limitsMay be elaborated in subsidiary legislation (regulations, by-laws),Legal Aspects contdSupport in,Legal Aspects contd,Support in National Legislation contdMany examples in regionSamoa:Village Fono Act 1990Fisheries Amendment Act 2002Planning and Urban Management Act 2004,Legal Aspects contdSupport in,Legal Aspects contd,Subsidiary LegislationShould detail the rights, interests and powers of Community Enabled by legislationExample: Tuvalu: Falekaupule Act 1997 making of regulationsExample: Samoa: Village Fono Act 1990 community by-laws,Legal Aspects contdSubsidiary,Further consideration of Legal Aspects,Constitutional provisions offer highest recognition but needs additional legislative provisionsNational legislation offers specific recognition and can be supplemented by subsidiary legislationCommunity law-making and enforcement powers confirms Community importance in management,Further consideration of Legal,Further consideration of Legal Aspects,Community engagement strengthens national management and enforcement capabilityNeed to consider:Harmonised or compatible measuresCoordinated implementationCapacity building strategyIncentives scheme(?),Further consideration of Legal,