Recognition of indigenous rights in governance of marine protected areas : applying international law and Australian experiences

Donna Craig

Research output: Chapter in Book / Conference PaperChapter

Abstract

Significant issues remain about governance for integrated coastal zone management, ecosystem values and services. Indigenous Peoples' interests have belatedly been addressed through revisions of the IUCN categories, IUCN management guidelines and participatory approaches, collaborative management (co-management), joint management (Craig, 2002) and Indigenous Peoples' Territories and Areas Conserved by Indigenous Peoples and Local Communities (ICCAs) and the incorporation of traditional ecological knowledge into biodiversity and PA management. However, the international and domestic frameworks for MPA governance have failed to systematically address the rapid changes in normative and best practice approaches to recognising Indigenous rights. This has frequently led to a failure to recognise and implement key developments under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), The Convention on Biological Diversity 1992 (CBD) and the Convention Concerning Indigenous and Tribal Peoples in Independent Countries (IL0,169). This chapter will briefly discuss the concepts of governance, focusing on common property resources, applicable to oceans and Indigenous Peoples. This will be followed by an overview of contemporary Indigenous rights and a critique of the IUCN PA governance approach adopted by most countries. The Australian PA category, known as Indigenous Protected Area (IPA) has been applied to Indigenous owned and controlled land (Smyth &Ward, 2008). This has been extended to Aboriginal and Torres Strait Islander 'sea country'. The Dhimmaru IPA will be used as an example of the strengths and weaknesses of the recognition of Indigenous rights in the Australian governance of MPAs.
Original languageEnglish
Title of host publicationInternational Marine Environmental Law and Policy
EditorsDaud Hassan, Md Saiful Karim
Place of PublicationU.K.
PublisherRoutledge
Pages173-190
Number of pages18
ISBN (Electronic)9781315624921
ISBN (Print)9781138651111
Publication statusPublished - 2019

Keywords

  • marine parks and reserves
  • indigenous peoples
  • international law
  • environmental law
  • Australia

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