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 4 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. 5 diversity, and of natural and associated cultural resources, and managed through legal or other effective means 6 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. 7 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 8 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. 9 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. 53

Select target paragraph3