An assessment of the roles of tenure and inclusion in conflict mediation at Cabo Pulmo National Park, Mexico

Purpose This study aims to unify phenomena in academic and grey literature into a theory of marine spatial disappropriation based on geopolitical relationships. It is argued that conflict over marine space arises as a result of top-down sovereign control of marine resources, and that the recognition of marine tenure and greater inclusivity in marine development* decision-making would lessen conflict between users, such as artisanal fishermen and ecotourism businesses. Design/methodology/approach A preliminary literature review was conducted, followed by a research study at Cabo Pulmo National Park (CPNP) in Baja California Sur, Mexico. Findings The results demonstrate that though CPNP's tenure structure is unique and inclusivity is an element of its management, the degree to which it is practiced is not sufficient to eliminate the chance of eventual disappropriation and ensuing conflict. Practical implications The results of this assessment can be used to strengthen the argument in favour of developing stronger requirements for deliberative democratic decision-making in marine delineation, as well as bolder social performance standards in marine development industries. Originality/value Research on socio-environmental revolutions are not new, but the authors contest that they are not alone a sufficient condition for achieving reduced conflict long-term. Instead, the originality of this research lies in its exploration of the importance of customary and formal tenure over marine resources, and its suggestion that this on the whole reduces conflict between exclusive and competing interests. One popular alternative, as demonstrated in numerous cases around the globe, can often be the marginalization of small-scale ocean users through the forceful appropriation of ocean resources.

Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms

While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land, however, had the same basis as the European colonies in America or Oceania. In this context, the acknowledgement of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens adversely affected the Coastal Sámi Indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on Indigenous participation in marine resource management exist and derive from both Norwegian and international law. However, despite the established legal framework, Coastal Sami participation in marine resource management is often questioned. It has been argued that the most appropriate way to ensure Indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring Indigenous tenure, legal traditions and knowledge, and accommodate them within State law. This project aims, through ethnographic fieldwork and literature analysis, to discuss the current status of Coastal Sámi fisheries in the communities of Troms County, and illustrate local conceptions of marine resource management among the project participants.

Mencegah “Tragedy of The Commons” Di Teluk Sawai dengan Sasi pada Era Otonomi Daerah

Abstrak Sejak era otonomi daerah, setiap daerah memiliki kewenangan untuk mengelola dan memanfaatkan sumber daya di daerahnya, termasuk sumber daya kelautan dan perikanan. Adanya otonomi daerah juga berimplikasi pada peran serta masyarakat lokal sesuai dengan adat istiadat yang berlaku, termasuk hak ulayat laut yang dikelola adat (Customary Marine Tenure / CMT). Praktik-praktik CMT yang ada menunjukkan bahwa CMT dapat memberikan solusi terhadap masalah-masalah perikanan, termasuk mencegah munculnya tragedy of the commons yang mengakibatkan hilangnya spesies ikan. Di Kepulauan Maluku dan Papua, salah satu praktik CMT tersebut adalah hukum adat sasi laut yang berisi peraturan dan larangan dalam memanfaatkan sumber daya laut. Jika ditinjau lebih dalam, sasi laut dapat menjadi salah satu upaya tata kelola kelautan dan perikanan yang berbasis partisipasi masyarakat lokal dan memiliki prinsip berkelanjutan. Selain itu, pelaksanaan sasi laut juga membutuhkan dukungan dari pemerintah pusat dan pemerintah daerah agar keberadaannya dapat membawa manfaat bagi masyarakat, mendukung keberlanjutan sumber daya perikanan dan kelautan, dan menjaga keanekaragaman hayati. Kata kunci: sasi laut, hak ulayat laut, pengelolaan perikanan, pemerintahan daerah Abstract Since the era of regional autonomy, each region has the authority to manage and use the resources in its area, including marine and fisheries resources. The existence of regional autonomy also has implications for the participation of local communities in accordance with prevailing customs, including Customary Marine Tenure (CMT). CMT practices show that CMT can provide solutions to fisheries problems, including preventing the tragedy of the commons that could extinct fish species. In the Maluku Islands and Papua, one of the CMT practices is a customary law called marine sasi which contains rules and prohibitions in utilizing marine resources. Marine sasi is one of the efforts to regulate marine and aquaculture based on the participation of local communities and on the principles of sustainability. In addition, the implementation of marine sasi also requires support from the central government and local governments to be able to provide benefits to the community, support the sustainability of fisheries and marine resources, and support biodiversity. Keywords: marine sasi, Customary Marine Tenure, fisheries management, local governance

The Philippines context for marine tenure and small-scale fisheries

The Philippines has had a long and evolving history in marine tenure and marine resource management. This ranges from traditional tenure rights to some of the first community based fisheries tenure systems in the world to a legal system which supports marine tenure. Secure marine tenure and improved governance are enabling conditions for supporting sustainable small-scale fisheries to meet multiple development objectives. This article provides an overview of the Philippines context for marine tenure and small-scale fisheries. The article discusses both government and non-governmental initiatives on marine tenure. Recommendations are made to strengthen the current legal, policy and practical context of marine tenure in the Philippines in order to support sustainable small-scale fisheries.

Culture, kastom and conservation in Melanesia: what happens when worldviews collide?

Melanesia is one of the most biologically and culturally diverse regions on earth, yet its species and ecosystems are fundamentally threatened by rapidly growing and modernising populations that drive increased demands for natural resource extraction. Despite good intentions, many conservation projects in Melanesia have not succeeded, largely due to a failure on the part of researchers and practitioners to understand underlying differences between western and indigenous worldviews and issues surrounding land and marine tenure arrangements. Learning from these failures is critical in order to improve odds for future project effectiveness and sustainability. Here I present lessons from attempts across Melanesia at establishing protected areas, conservation agreements, ecotourism initiatives and research-action arenas. These showcase challenges and conflicts when worldviews collide and opportunities that arise when mutual expectations are clarified early on during planning processes. Factors that contribute to more successful outcomes include: respecting international protocols for free, prior and informed consent; co-creating research and management agendas with local communities; clearly articulating realistic expected benefits; and establishing locally perceived equitable and transparent benefits sharing mechanisms.