ABSTRACT
In Southern Africa, a special bond exists between natural resources and the people. More than 50 per cent of Southern African citizens rely on the environment and natural resources to sustain their daily livelihoods. It is therefore crucially important that their rights are recognised in the governance of protected areas. This is especially true when one considers their historical displacement and relocation in favour of the desire to establish and expand existing protected areas.
This chapter aims to distil principles for sustainable transfrontier biodiversity conservation (TBNRM) within transfrontier conservation areas (TFCAs). In so doing, this chapter explores the extent to which access to justice is provided within the context of the transfrontier conservation setting in the SADC region. Access to justice (both legal standing and access to a forum for dispute resolution) is crucially important when rights are infringed upon or when exercising a right. Furthermore, this chapter will demonstrate how the principles of sustainable use, equity and poverty alleviation, common but differentiated responsibilities, precaution, good governance, and integration could significantly contribute to sustainable TBNRM in TFCAs. A key instrument used in the methodology of this chapter is the New Delhi Declaration on the Principles of International Law Related to Sustainable Development, 2002.
