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Transboundary Protected Areas for Peace and Co-operation - IUCN

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<strong>Transboundary</strong> <strong>Protected</strong> <strong>Areas</strong> <strong>for</strong> <strong>Peace</strong> <strong>and</strong> <strong>Co</strong>-<strong>operation</strong><br />

b) where local communities <strong>and</strong> indigenous peoples in natural areas are linked across<br />

boundaries by shared ethnic or socio-cultural characteristics, traditions <strong>and</strong><br />

practices;<br />

c) where the management or use of shared natural resources is or may become a locus<br />

of contention;<br />

d) where a boundary dispute involves unresolved claims to l<strong>and</strong> or marine areas; or<br />

e) to rebuild confidence <strong>and</strong> security <strong>for</strong> local communities <strong>and</strong> indigenous peoples<br />

<strong>and</strong> provide a stable foundation <strong>for</strong> conservation <strong>and</strong> sustainable development<br />

after a period of armed conflict.<br />

2. Where a State or other stakeholder wishes to establish or enlarge a protected area<br />

contiguous to a boundary, all parties concerned should co-operate in examining the<br />

possibility of establishing a corresponding protected area or appropriate conservation<br />

measures on the other side of the boundary. Where appropriate, the States concerned<br />

should consider proposing such areas <strong>for</strong> joint designation under relevant multilateral<br />

environmental instruments.<br />

3. The public, including affected local communities <strong>and</strong> indigenous peoples, nongovernmental<br />

organisations, women’s organisations <strong>and</strong> other stakeholders, shall be<br />

consulted as part of a transparent <strong>and</strong> participatory process be<strong>for</strong>e any decision is<br />

taken to establish or enlarge a protected area contiguous to a boundary. Where<br />

practicable, issues related to l<strong>and</strong> tenure <strong>and</strong> rights of access to <strong>and</strong> use of natural<br />

resources in the TBPA shall be taken into consideration during this consultation<br />

process.<br />

4. Where appropriate, States or other stakeholders may call on the good offices of a<br />

neutral third party to facilitate consultation over the establishment of contiguous<br />

protected areas as well as the development of harmonised policies <strong>and</strong> management<br />

plans <strong>for</strong> the area.<br />

12. Legal basis <strong>for</strong> co-operative management of TBPAs<br />

1. States should use their best endeavours to remove legal <strong>and</strong> institutional obstacles to<br />

co-<strong>operation</strong>, harmonise relevant legal measures <strong>and</strong> establish a positive framework<br />

<strong>for</strong> co-operative management of the TBPA concerned.<br />

2. Appropriate frameworks will vary <strong>for</strong> each TBPA. They may be strengthened over<br />

time to reflect changes in circumstances, capacity <strong>and</strong> political <strong>and</strong> public awareness.<br />

The range of options includes:<br />

a) <strong>for</strong>mal agreements between neighbouring States to consult <strong>and</strong> co-operate with<br />

each other, ranging from a bilateral treaty to a joint declaration, memor<strong>and</strong>um of<br />

agreement or letter of intention;<br />

b) delegation by each State of powers to a designated authority to coordinate the<br />

management of the protected area with that of the contiguous protected area, to<br />

implement agreed conservation <strong>and</strong> management objectives <strong>and</strong> to enter into<br />

further agreements <strong>for</strong> this purpose;<br />

c) administrative agreements between counterpart environment, resource management<br />

<strong>and</strong>/or planning agencies, such as memor<strong>and</strong>a of underst<strong>and</strong>ing or co<strong>operation</strong>;<br />

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