PART II / CHAPTER 5
BIO-CULTURAL COMMUNITY PROTOCOLS AND PROTECTED AREAS
To achieve this, the Parties agreed in 2004 on a PoWPA that
sustainable use) and their TK (relevant for benefit sharing)
features goals and activities that specifically relate to the rights
– supports and promotes the others.
of ILCs, especially through Element 2, which is premised on
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governance, participation, equity, and benefit-sharing. In turn,
1.2 Governance of Protected Areas
the CBD Programme of Work on the Implementation of Article
The International Union for the Conservation of Nature (IUCN)
8(j) on traditional knowledge includes a component that
defines a protected area as “an area of land and/or sea especially
specifically refers to the management of protected
dedicated to the protection and maintenance of biological
areas by ILCs.
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diversity, and of natural and associated cultural resources,
and managed through legal or other effective means
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The three goals of the CBD (conservation, sustainable use
[emphasis added]” This definition reflects an evolving view
and fair and equitable sharing of benefits) and the resulting
of conservation that can accommodate the social, economic
commitments are designed to be interrelated and mutually
and cultural interests, and values, rights and responsibilities
supportive. Thus, the provisions of the CBD have to be read
of people living in and around protected areas. The revised
and interpreted in a holistic and integrative manner.
IUCN Guidelines for Applying Protected Area Management
Commitments to promote the sustainable use of biological
Categories further recognize that protected areas can be
resources should, for instance, have direct bearing on the
governed not only by state agencies, but also by a range of
choice of strategies for the management of protected areas.
other actors, including ILCs. The IUCN distinguishes four broad
Similarly, the obligation to support ILCs and protect TK applies
protected area governance types according to who holds
to communities in and around protected areas, which in turn
decision-making and management authority and responsibility:
entails an obligation to take into account the rights of ILCs to
governance by government; shared governance; private
their resources and TK in the elaboration of protected area
governance; and governance by ILCs.
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policies. The provisions of the CBD on Access and Benefit
Sharing (ABS), including those related to traditional knowledge
PoWPA invites parties to recognize and promote a broad
associated with genetic resources, are of equal importance
set of protected area governance types related to their
for their application to a range of activities that could take
potential for achieving biodiversity conservation goals in
place within or in the vicinity of protected areas.
accordance with the Convention, which may include areas
conserved by indigenous and local communities and private
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This point is affirmed when we look at the CBD’s provisions
nature reserves. This was reiterated at the 9th Conference
from a community perspective. The Makuya community,
of Parties to the CBD (Bonn, May 2008), at which parties adopted
for example, is situated on the northwest perimeter of the
Decision IX/18 on protected areas with a recommendation to:
Kruger National Park in northeast South Africa. The Makuya
• improve and, where necessary, diversify and strengthen
live outside the park, but engage with the Kruger National
protected area governance types, leading to or in
Park officials in a quid pro quo relationship in which community
accordance with appropriate national legislation including
members receive saplings and plants for a medicinal plants
recognizing and taking into account, where appropriate,
conservation area in return for community-based action
indigenous, local and other community-based
against poaching. They also own the Makuya Nature Reserve,
organizations; and
a community-run ICCA, and are also holders of a wealth of TK
• recognize the contribution of, where appropriate,
relevant for the conservation of biological diversity, about
co-managed protected areas, private protected areas
which they been approached by researchers. The Makuya,
and indigenous and local community conserved areas
therefore, engage with all three elements of the CBD
within the national protected area system through
simultaneously, and each aspect – the Kruger park (protected
acknowledgement in national legislation or other
area), the Makuya Nature Reserve (conservation and
effective means.
4.
5.
6.
7.
8.
9.
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See Decision VII/28.
See Decision VI/10.
IUCN (1994). Guidelines for Protected Areas Management Categories. IUCN, Cambridge, UK and Gland, Switzerland.
Dudley, Nigel, editor. 2008. Guidelines for Applying Protected Area Management Categories. Gland, Switzerland, IUCN.
See, Conference of the Parties, Decision VII/28, full text of the decision is available at http://www.cbd.int/decision/cop/?id=7765.
See, Conference of the Parties, Decision IX/18, full text of the decision is available at http://www.cbd.int/decision/cop/?id=11661.
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