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

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

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

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

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

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?

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.

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

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

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)

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

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

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

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(?)