Extracts from statements

OTHER INTERNATIONAL DEVELOPMENTS

World National Parks Congress The Third World National Parks Congress met in Bali, Indonesia, from 11 to 23 October 1982 with the major objective of defining the role of national parks and other protected areas in the process of social and economic development. Based on the philosophy of the World Conservation Strategy.* this approach sought ways and means for protected areas to contribute to development by helping to maintain genetic diversity, conserve ecological processes and life support systems. and ensure that any use of renewable resources is sustainable. The Bali Declaration (see page 62) provides the broad policy framework to guide future action to these ends and informs the general public of IUCN's air,as. (In drafting the Declaration. note was taken of the WCS and the Charter for Nature.**) The major point: when designed and managed appropriately, protected areas can bring major sustainable benefits to society, playing a central role in the social and economic development or rural environments and contributing to the economic well-being of urban centres and the quality of life of their inhabitants. Participants included scientists. planners, managers and supporters of protected areas from 68 countries. The Congress showed that as options are decreased for choosing how the natural environment will be conserved, the sctenttfic i'oundation of conservation has become much more sophisticated. Island biogeographic theory, centres of endemism, minimum critical size, optimal design of reserves, population genetics, population dynamics, "the • *. See Enviromnental Policy and Law, Vol. 6 (1980). 2. pages 77 & 102. ** See Environmental Policy and Law, Vol. 10 (1983), 1 page 30 and this issue page 44.

new economics", and other advances relevant to conservation have allowed those charged with the task of planning and establishing protected areas to determine much more precisely the requirements of design and managemerit. A major problem which must be addressed is that most protected areas were selected Ibr objectives other than those for which they are now managed, or were established before the scientific tools now at hand became available. A first priority in this regard is to ensure that, to the extent possible, existing protected areas are capable of sustaining living resources; where the existing areas fall short of this basic objective, planners and managers must take the appropriate steps while options remain open. Congress considered principles and policies to guide the establishment and management of national parks and other types of protected areas in the light of the broad principles governing the interrelationships among population, resources, environment, and development formulated by the series of inter-governmental conferences that began at Stockholm in 1972. To establish priorities for the coming critical years, the Congress pre-

pared a series of 20 Recommendations (see page 63); in addition, working groups fi'om each of the world's eight biogeographic reahns presented reports on priorities for their realm and many of tile case studies and other presentations provided examples which should be emulated. Based on this material, the major points of an Action Plan were' presented to the closing session of the Congress. Further work on the plan, intended to carry it to the project level, was done at the IUCN Secretariat. The Bali Action Plan (see page 69), is the result. The Action Plan has ten Objectives. Under each objective is a series of Activities, and under each activity is a series of Priority Projects (not reprinted in the journal for reasons of space); the lists of projects are far from exhaustive, but they indicate the sorts of projects that will be necessary for the activity to be carried out. Each project has an approximate budget, the optimal timing is proposed and the primary executive responsibility for the project is suggested. UNEP, UNESCO, FAO and WWF all contributed to the substance of the Congress and their further (promised) cooperation in implementing the Action Plan is essential for its success. [ ]

Extracts from Statements The Vice-President of Indonesia It is for the first time that such a congress is being held in the Third World and, as such, it represents an important milestone. As we all know, the two previous Congresses were held in the developed world. The first was held in the United

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States as was greatly appropriate because American naturalists and environmentalists do indeed deserve the greatest of credits for having pioneered and initiated the establishment of national parks. American scientists must also be credited for having amassed and developed the great body of knowledge

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most developing countries are vastly different from those obtained in the West when national parks were first established and when land was still in abundance. At that time in the past there were no stringent calculations of eeononlic benefits to be gained from the establishment of national parks. nor were there many questions about economic profits foregone because a piece of land had been turned into a national park or a nature reserve. Not" was there much pressure of a vast population encroaching upon a park's territory. The many problems that are faced today can be attributed to three basic Flora Brasiliensis (18th cent.). On the left,, a large Ficus with buttress-roots. On the issues: right, trees have been chopped down, presumably for the purpose of slash-and-burn - poverty. agriculture (note the hut and the small human figures in the top right-hand corner). - an ever increasing need Ibr land, Courtow: Natura, The Netherlands - the processes of development. Actually these three basic issues relevant to the establishment, mainte- parks and their attendant problems. cannot be differentiated or separated nance and management of national Also, the motives Ibr establishing na- from one another. All three are closely parks over more than fifty years. This tional parks in the past differ greatly interconnected and interwoven and all knowledge and these concepts are now from today's motives. In the past a three, separately or jointly, are also prime motive was the desire to pre- interconnected to the environment. widely shared throughout the world. Because we are poor, we must Although national parks have been serve natural beauty, the desire to established in various countries leave nature undisturbed in its pristine proceed with development but our rate throughout the world, it was only in beauty. This motive still exists today of development is hampered by the the last ten years or so that such parks but there are additional and perhaps very poverty we wish to overcome. have become widespread throughout more important reasons for establish- Poverty and development require land and this in turn leads to pressures upon the Third World. In those last ten years ing national parks, namely: the realization of their intrinsic val- environment. All this is further agmore national parks have been established in the Third World than anyue and potential to sustain the devel- gravated by a rapidly growing popuwhere else. opment processes in which Third lation. World countries have entered. Our economists can tell you the This signifies that on the part of the developing countries there is a deep a sense of responsibility towards our extent of our poverty and the magniand growing commitment to and an future and out natural heritage. tude of the basic needs that have to be More' than that, other than the fulfilled. Our planners can tell you awareness of the environment and the responsibility to preserve for the world feeling that it is imperative to do so, 1 how much land and what rate of what is deemed to be the common cannot spell out to you in precise detail productivity we need. You and other global natural heritage. all the reasons and calculations why environmental .,xperts can give us the In the process the focus of atten- we decided to establish national parks. environmental ct~.:~iderations. tion towards national parks has also At the same time 1 am deeply 1 would like to ta!.'ge you, however, gradually shifted towards the Third aware of the problems ahead of us, to consider the basic issues of poverty, World and holding this present mee- should we wish to intensify our efforts land hunger, development and the ting here in Bali underscores that shift. conserving nature or even when we environment from a plain human vanIn a manner of speaking, with regard merely wish to stand still and defend tage points as well. I would urge you to the issue of national parks, the the parks thatwe already have. These to consider the misery of poverty, center of gravity is now here in the problems have arisen partly as a conse- what it does to a person, to his third world. This then is the deeper quence of the conditions of today and expectations of tomorrow and to his significance of our meeting here to- partly because of our perception of an dignity as a human being. day. increased global significance of the We must also consider the proSuch a shift must necessarily be natural heritage that we wish to pro- blems of a Government in the face of accompanied by a shift in and a change tect. poverty; for instance, the problem of of our perceptions regarding national The conditions in Indonesia and in how to provide land and a living to -

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44 millions of people today. These problems won't wait for five or ten years. In the face of poverty and hunger how does a Government allocate land: how n]uch land for the hungry of today and how much land lbr genetic resources to be preserved for tomorrow. What value should be placed on genetic resources for tomorrow in comparison to the value of exploiling natural resources Ibr the alleviation of poverty today'? Today we are able to comprehensively answer such economic questions and other similar questions related to the environment. That is why we are turning to experts from within as well as from outside our country to help us Ibrmulate the wisest possible policies in the utilization and management of our natural resources. We are determined to push forward with development but we are equally determined that such development should not be destructive to the environment and that both development and environment in the end sustain one another. To do so we need help; we need ideas, concepts, knowledge, technical and management skills, all kinds of capabilities, funds and materials. These will also better enable us to acquit ourselves of our responsibility conserving the world's natural heritage found within the boundaries of our nation. I am convinced that Indonesia as well as the other developing nations, have provided ample evidence of their good faith in assuming their proper share of responsibility over the world's natural resources. While I cannot speak for all developing countries, 1 know that the ASEAN countries have translated their good intentions into actual action and actual monetary contributions in such joint efforts as the common seas program. []

Lee Talbot (Director General IUCN) Human beings, in their quest for economic development and improvement of the quality of life, must come to terms-with the reality of resource limitation and the carrying capacity of

ecosystems, and must take account of the needs of future generations. This is the central message of modern conservation - as expressed in the World Conservation Strategy. As such, conservation is basic to human welfare, and indeed, to human survival. But it has not always been recognized as such. Throughout subsequent history there have been increasing examples of efforts, by governments, rulers, or individual landowners, to protect certain areas whose values were recognized. These efforts took modern form in 1872 with the initiation of the modern national park concept in America (with the establishment of Yellowstone National Park), and cohesion was provided to the scattered subsequent efforts through the First and Second World Conferences on National Parks. The three specific objectives of conservation as presented in the Strategy are to maintain essential ecological processes and life support systems; to ensure that any utilization of species and ecosystems is sustainable; and to preserve genetic diversity. The definition and objec:i'ves of the Strategy are now widely accepted, as is its central thesis: the interdependence of conservation and sustainable development. The challenge, however, is to develop the tools - the policies and the methodologies to apply them - to implement the strategy. And this is where this Congress is expected to play a vital role. Parks and protected areas play an obvious and central role in implementation of the strategy, in terms of achievement of its 3 principle objectives. They play a key role in maintenance of many ecological processes and life support systems. For example, the role of protected forests in maintenance of water cycles is obvious and well known. Protected areas are essential for the maintenance of genetic diversity. Nowhere is this better illustrated than in the tr6pical forests of our host country Indonesia. And protected areas also contribute to assuring that utilization of species and habitats is sustainable, for example, by providing benchmark areas against which

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changes in the productivity of adjacent managed areas may be analysed. These are the clear physical contributions of parks and protected areas to the objectives of the Strategy. But we must remember that to be effective in terms of the strategy, the establishment and management of protected areas must be set within the social and economic development of the countries involved. A major problem of the past is that these areas were all too often seen to be in opposition to development, or at best, not to contribute to them. We know they contribute, but how do we get the decision makers to recognize this fact'? And perhaps more basically, do they really contribute effectively? Is our management of parks and protected areas responsive to the needs of development? 1 believe that all too often it is not. One problem we have created for ourseh, es is that we have often sought a uniform approach to establishment of parks and protected areas; but here, as in other aspects of conservation, there is no single solution, no uniform approach that works in all places. True, a strict nature preserve must be strictly protected, but there may be as many types of approaches to that protection as there are nations which establish such reserves. And equally, the needs for different types of protected areas may be as diverse as the nations involved. Different countries have different needs, and different ways of determining and attaining their objectives. If we are to meet this challenge, it will require some basic changes in philosophy, both on the part of some conservationists and of some developers. One such change involves a shift from the approach that a park is being protected against people, to the approach that i t is being protected for people. By this I do not mean that we open the park to logging o r hunting, but that we recognize that by protecting the area we are making a real contribution to human welfare. The physical management of the area may not change, but the political,: financial and general public support will

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change, and the chances that the park will remain park will be greatly improved. In the same way here is need for a similar basic change in the developmerit philosophy which sees a park or protected area as a waste of resources. rather than as a productive allocation of resources for other uses. []

international conventions. Of course, there is no reason yet to declare ourselves satisfied and we still - and will always - have a long way to go to achieve the objectives of conserw~tion. In the particular field of area protection. 1 believe that there are three major tasks which we have, from a legal angle, to pursue in the next decade. The first of these is the developW.E. Bm'henm, (Chairman. IUCN ment of national legislation for the Commission on Enviromnental Polio3". protection of areas which, for given Law and Administrtttion (CEPLA)) particular reasons, are of special sigThere are several other members of nificance. Many countries now have CEPLA here and 1 am sure that they such instruments. They may not only will take an active part in the discus- include specific legislation on parks sions. 1 believe this participation is and reserves; other instruments may be very important since it is my convic- available and equally useful for that tion that one of the major issues to be particular purpose, for example legisfaced in the coming decade is the need lation on planning, zoning, forestry, for more interdisciplinary work. etc. The task ahead of us here is to We have, within IUCN, already promote their systematic development proved this need in practice and tried on the one hand, and their adaptation to reach across disciplines by setting to the state of the art on the other. up interdisciplinary groups, for exam- Again your input is needed here as it is ple the Programme Pl,'mning Advisory your experience and knowledge which Group. A good deal, however, re- determines the :;late of the art. mains to be done. and meetings such A paper before this congress preas this provide a unique opportunity to pared by CEPLA member Barbara identify areas of inter-dependence and Lausche has the very purpose of adintensify the dialogue. dressing the problenls 1 have just The fact that this conference is mentioned. I shall hence not expand entitled 'The Third World Conference upon this. except to say that in spite of on National Parks' leads the provoca- gaps and difficulties, the trend is entive part of myself to remind you that couraging and the direction clear. you are dependent upon us lawyers for The second task that 1 see ahead is legal instruments to establish the pro- the development of international intection for an area; only then can you struments. Again, here, one may constart to fulfill to your task. You may sider the past decade encouraging, as say that this is a typical attitude for a more instruments have been developed lawyer to take, and perhaps it is. But 1 during that period than ever before. On will immediately admit that we depend the other hand, we have to recognize upon you, to an even larger extent: that some are not fully adequate and indeed it is your knowledge and your others are marred by lack of impleexperience which provides the sub- mentation, This and the difficulties stance tO be included in our dry shell. which are met in elaborating and negoWhich area, why and how to protect it tiating international accords must lead are questions for which we need your us to a selective approach in promoting answers in order to be able to devise an further binding regional and global adequate choice of means. conventions in order to avoid unnecesOne may. Consider that the past sary inflation. Thoughts for innovative decade has witnessed considerable de- future action in this field are submitted velopments in the fieldof environmen- to you here in a paper prepared by tal law generally and conservation law another CEPLA-member, Cyrille de as a branch within it. This is valid for Klemm, and I look forward to hearing national legislation as w e l l as for your views on them.

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The third task is somewhat related to your terms of reference and the whole concept of protected areas. The first World Conference on National Parks • was held in Seattle in 1968. At the time there was an IUCN Commission on National Parks, Since then, not only has the Cmnmission been renamed to include "protected areas" in its title, but the tenn has been accepted as reflecting a more rnodern approach to area conservation. The concept leads me to think that your task is in fact much broader than that which you currently address. Because, after all, what is a protected area? Not long ago 1 was reminded by a colleague from a neighbouring country of mine that all his country's open space "is more or less" protected. Is the fact that a private or public owner may not change the use of his land as he pleases not a protection? Is the prohibition to build in open spaces not a protection? Is a restriction on tile use of natural resources of one's land not a protection? 1 would submit that such restrictions establish protected area status and that there is no difference in nature between this status and that of a park or reserve, but only a difference of degree. 1 will, therefore, also submit that these areas should be and in fact are, your concern. Not only because they may be considered to be also "'protected". This is a matter with which some of you may disagree. 1 am sure, however, that you will not disagree with me on the fact that if insufficient attention is given to these areas, most classical protected areas will become "isolated ecological islands surrounded by completely transformed habitats", as F. Bourlere said exactly ten years ago. It is essential to pay more attention to an arsenal of measures which would establish the principle of area protection evet3'where. Understand me well 1 am not suggesting that the goal of special or reinforced protection is futile, or would become redundant. Not at all; on the contrary, 1 think that it can only take its full significance inthe context of a general protective status.

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13, the most currently used means to implement this concept, many others are also used; laws on building, flood control, monuments and sites, avalanche protection, watershed protection, forestry, to cite a few at random. There are, of course, limits to this notion, and legal systems which recognize it provide for the restrictions in the exercise of property rights. For the public good mus" be counterbalanced by guarantees that these will not be imposed arbitrarily. 1 will also not deny that this concept of "social obligation" of properly, or "property obligations" may fluctuate and vary according to the country concerned, its history, society and values. What matters in nay opinion is, on the one hand. Courtesy: Earil~s-¢an the recognition of the principle and, on the other, its implementation in whatWhat 1 am talking about may be ever legislative terms are appropriate compared to the system of reverse in the country considered. listing in species protection: the princiOwing attention to these general ple should be protection, while excep- controls or, as 1 called it earlier, this tions may be made - limited, regulated principle of protection, is 1 believe the and controlled. most neglected and hence important Am i controversial or unrealistic? task which we presently have ahead of If 1 am, maybe 1 am less so than one us: clearly such controls are already far might think: after all, the idea that advanced in some countries, in an "sovereignty" at international level, embryonic stage in others and totally or "property" at national level, obli- lacking in many. gates one is not new. After all, in how My appeal to you today is theremany countries of the world do we fore to obtain your support, assistance have legal controls, the aims of which and counsel in promoting an all open are area oriented protection, which space protection concept, in which derive from this sense of social obliga- those areas which are now usually tion? Their number is not negligible, referred to as "protected areas" will and t!~e form they take is varied. If be, and remain, the "jewels of the land use planning legislation is certain- earth", fulfilling multiple functions,

as they should and already aim at doing. National conse~ation strategies should go a long way towards achieving such goals. It is essential that such strategies verify not only whether specific area oriented controls are adequate, but also whether general area oriented controls are available. 1 have spoken until now about what I feel is most lacking in my field. I see other problems, of a more limited nature, which we should address also. in order to better adapt legislation to. tbr instance, management problems which you encounter. One of these is culling. Should we not make an effort to adapt everywhere legislation to the fact and necessities of management? ! have witnessed on scvcral occasions the conflicts which an inttexible legislation imposes on managers and their field assistants. You all know cases, I am sure, where this inflexibility results in not only illegal, but also unselective killing. 1 believe that such situations must be avoided and that appropriate procedures with regard to culling decisions, operation and control, would assist in making needed but unpopular measures acceptable. It is, i believe therefore also our role to seek with you to perform. Culling is only an example, which I mention because of vivid experience, but there are no doubt other problems which we should consider together. After all, do we not meet to attempt a solution of one another's problems? []

Ramsar Convention Protocol Adopted The journal has reported earlier on the results of the first meeting of the Parties to the Convention on Wetlands of 4ntemational Importance, especially as :;waterfowl habitat, which was held in~Cagliari (Sardinia, Italy) in 1980 (see Environmental Policy and Law

vol. 7 (1981) 1, page 6). This meeting called for two protocols to the Convention to be prepared r,nd adopted: the From left to right: Francoise Burhennepurpose of the first one would be to Guilmin. Secretary General of the Conference. Michel 8atisse, rel~resenting the add to the Convention an amendment Director-General of UNESCO, Nalni Dhar clause which it lacked, as well as Jayal, India, President of the Conference authentic versions of the Convention and Daniel Navid, IUCN.. Courtesy:UNESCO

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