1、UNIT 6LEGAL ASPECTS COMMUNITY MANAGEMENTPio E.ManoaSchool of Marine StudiesFaculty of Islands&OceansUniversity of the South PacificCoastal Fisheries Policy and Planning Course,28/01/08 8/02/08,Apia,SamoaSecretariat of the Pacific CommunityOverview Importance of Community participation Examples of Ex
2、isting Initiatives Legal Aspects supporting Community management Further consideration of legal aspectsImportance of Community participation Rights and interests over coastal environments Reliance on marine resources for subsistence,traditional and commercial purposes Monitoring,control and surveill
3、ance Existing of traditional/customary protocols and rules in most countriesImportance of Community participation contd Traditional knowledge Control over local and adjacent communities Future aspirations Long term sustainability interestsExamples of existing initiatives Locally Managed Marine Areas
4、 Marine Protected Areas Marine Reserves Community Conservation Areas Other forms of traditional management Role in monitoring,control and surveillanceLegal Aspects Ownership and/or Rights over Coastal Environments Does the Community have legal ownership over coastal environments?What kind of rights
5、and interests does the Community have?Can/do these rights and interests translate into management powers?Legal Aspects contd 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 ent
6、ity,how can an entity be formed?Trust;Company;Incorporated Association;Registered Charitable Association;Agreement with government etc.Legal Aspects contd Constitutional Recognition The highest recognition Examples in Palau,RMI,Samoa,Vanuatu,PNG,FSM,Nauru,Tuvalu,Kiribati,Solomon Islands.Natural reso
7、urces of country vested in people and governmentLegal Aspects contd Constitutional Recognition contd But Constitution uses general language Scope of powers of customary/traditional authorities usually limited Need to elaborate on community rights and interests in other legislationLegal Aspects contd
8、 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 contd Support in National Legislation contd Many examples in region Samoa:Village Fono A
9、ct 1990 Fisheries Amendment Act 2002 Planning and Urban Management Act 2004Legal Aspects contd 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 commun
10、ity by-lawsFurther 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 managementFurther 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(?)
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