1. Building Capacity on Protected Areas Law & Governance
Module 12
Exercise 2
TBPA Negotiations
Picture: Zebras and Wildebeest in Ngorongoro Crater, Tanzania, taken 18 August 2006 / Wikimedia Commons / CC-BY-2.0.
Regulation, EIA, C&E & Financing

2. Background Purpose Structure
Provide Learners with an opportunity to apply their knowledge in a practical situation using role-play.
Enhance understanding of the array of challenges and legal issues in negotiating a TBPA agreement.
Build awareness and understanding of the types of issues that require consideration in establishing a cooperative and harmonious framework for the management of a TBPA and how obstacles in this regard might be overcome.
Structure
Introduction to Exercise (10 minutes)
Prepare Negotiation Strategy (50 minutes)
Simulated Negotiation (50 minutes)
NGO Critique (10 minutes)
NOTES FOR EDUCATOR
Briefly explain the Purpose of the Exercise.
Briefly explain the Structure of the Exercise.

3. The Case Study NOTES FOR EDUCATOR
Introduce the Case Study to the Learners and divide participants into groups.
Explain that each group has been provided with its own instructions.
Indicate to the Learners that they have been given draft text and an assignment to address several specified issues in negotiations.

4. The Task
Complete negotiations concerning the draft text that is provided
Prepare to address designated issues
Management principles and administration
Institutions and Governance
Access, use and benefit sharing
Compliance and Enforcement
Preparation should involve
Consideration of legal requirements
Developing a negotiation strategy
Selecting a lead and assistant negotiator
NOTES FOR EDUCATOR
Indicate to Learners that in their groups they must specifically:
Read through the Case Study again.
Read carefully through the draft agreement.
Undertake the following tasks:
Analyse objectives respecting designated issues:
Management principles
Institutions and Governance
Access, use and benefit sharing
Compliance and Enforcement.
Take legal requirements carefully into account
Formulate a strategy for negotiations
Designate a lead negotiator and an assistant negotiator

5. Last Few Things Be sensitive to the context of negotiations
Clarify objectives or preferred outcomes
Recognize legal considerations
Contemplate acceptable alternatives
NOTES FOR EDUCATOR
Emphasise that the case study and the fictional draft text have been developed to pick up on issues canvassed in the Seminar Presentation relating to TBPA negotiations.