Legal Hub

G   WILDLIFE CONSERVATION (ECOTOURISM)  

GA - IDENTIFICATION OF PROTECTED AREAS FOR ECOTOURISM 

Does the law provide for protected areas?  

If so, must the designation of protected areas for ecotourism be made in conformity with a wildlife management plan? 

Does the law limit protection of wildlife to specific areas?  

Does the law provide for categorization of protected areas as the following, in accordance with IUCN categorization of protected areas:  
Ia. strict nature reserve; 
Ib. wilderness areas; 
II. national parks; 
III. natural monuments; 
IV. habitat and species management areas; 
V. protected landscapes; 
VI. protected areas with sustainable use of natural resources? 

Does the law provide for the consultation of IPLCs in order to categorize protected areas? 

If so, does the law provide specifically for women, youth and marginalized/vulnerable groups to participate in the categorization decision? How? 

Does the law consider wildlife and/or protected areas as a natural tourism resource? 

Does the law define what constitutes ecotourism? If so, does the definition link ecotourism with natural tourism resource?  

Does the law clarify the manner in which wildlife may be used in the context of ecotourism? (i.e. conservation/non-consumptive use, or hunting/consumptive use) 

Does the law provide that ecotourism activities must not cause harm or damage to wildlife and/or protected areas? 

Does the law provide for a list of protected areas for ecotourism purposes? 

Does the law provide for a list of protected areas in which ecotourism may not be conducted? 

If the law provides for a list of protected areas for ecotourism, does it reflect applicable international and regional instruments? (i.e. RAMSAR, WHC, etc.) 

If the law provides for a list of protected areas for ecotourism, is the list flexible, to allow it to be easily amended to take account of changes in circumstances? 

If the law provides for a list of protected areas for ecotourism, does the law also provide for multi-stakeholder participation in the listing/delisting of areas for ecotourism?  

If so, does the law provide specifically for women, youth and marginalized/vulnerable groups to participate in the listing/delisting decision? How? 

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to wildlife conservation? 

GB - ECOTOURISM DEVELOPMENT 

Does the law provide for the existence of Ecotourism Specified Businesses (ESB), which promote and/or operate ecotourism related to wildlife and/or protected areas? 

Does the law prescribe specific requirements for establishing ESB activities? 

Does the law regulate the management of ESB activities? 

Does the law require that people performing ESB activities must be members of any specific association? 

Does the law restrict ESB to fenced areas? 

Does the law require a permit to hold an ESB? 

If a permit is required, does the law specify the cost of the permit? 

If a permit is required, does the law prescribe the conditions for the issuance, suspension and termination of ESB permits? 

If a permit is required, does the law require that the permit must specify the activities that the holder is entitled to perform and the conditions under which they may be performed? 

If a permit is required, does the law provide for a collective/community permitting system for running ESBs? 

Does the law provide for compensation to concerned IPLCs for wildlife tourism and conservation initiatives/activities? 

If so, does the the law ensure that both women and men, as well any marginalized/vulnerable groups, are equitably compensated? How?  

If a permit is required, does the law provide for transfer of an ESB permit? 

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to ecotourism development? 

GC - ECOTOURISM LICENSING  

Does the law provide for a specific licensing system to run ESBs? 

If a licence is required, does the law provide for consideration of social and environmental factors when issuing ESB licences? 

If a licence is required, what does the law prescribe as constituting elements for an ESB licence? (i.e. rights and duties) 

If a licence is required, does the law specify rights and duties of ESBs inside and outside ecotourism areas, including with regard to wildlife monitoring? 

If a licence is required, does the law require multi-stakeholder consultations when granting/regulating ESB licences? 

If a licence is required, does the law provide for appropriate forms of appeal for local communities against decisions related to ESB activities? 

If a licence is required, does the law provide for specific conflict resolution mechanisms to address conflicts between ESB and other types of wildlife use by local communities? 

If a licence is required, does the law limit, through licences, the areas where ESB may be performed? 

If a licence is required, does the law limit, through licences, the activities that ESBs may perform? 

If a licence is required, does the law limit, through licences, the period when ESBs may perform activities? 

If a licence is required, does the law prescribe the costs for obtaining the licence?  

If a licence is required, does the law provide for a collective licensing system (i.e. for communities)? 

If a licence is required, does the law establish rules for the issuance, suspension and termination of such licences?  

If a licence is required, does the law provide for the transfer of licences among holders? 

If a licence is required, are the monitoring measures of ESB licence holders established at central or local level? 

If monitoring measures exist, are they science-based? 

If monitoring measures exist, does the law prescribe that they should include the participation of local communities?  

If so, does the law provide for local communities' women and members of marginalized/vulnerable groups to be associated with existing monitoring measures? How? 

If a licence is required, does the law provide for any cost/tax in relation to licences? 

Does the law provide for any form of "authorization" for individuals conducting tourism activities (e.g. photo, filming, viewing, etc.) in ecotourism areas? 

Does the law provide for wildlife welfare within ecotourism areas through licensing? 

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to ecotourism licensing? 

H   INSTITUTIONAL FRAMEWORK RELEVANT TO WILDLIFE CONSERVATION (ECOTOURISM) 

HA - INSTITUTIONAL SET-UP 

Does the law define the powers and responsibilities of each level of authority, including at central and local levels in relation to ecotourism? 

Does the law specify criteria (such as Participation, Accountability, Non-Discrimination, Transparency, Human Dignity, Empowerment, Rule of Law) according to which such powers should be exercised? 

Does the law provide for action taken by public authorities to be open to public scrutiny and assessed against measurable criteria? 

HB - INSTITUTIONAL COOPERATION AND COORDINATION  

Does the law provide for mandatory coordination among authorities involved in decision-making processes? 

Does the law identify the cases and matters for which institutional coordination is mandatory? 

Does the law define procedures and/or mechanisms through which coordination can be achieved? 

Does the law ensure there is no duplication/overlap of institutional coordinating bodies? 

Do coordination mechanisms include subsidiary entities? (i.e. coordination mechanisms at the local level) 

HC - DELEGATION OF POWERS 

Does the law empower the competent authority to delegate functions to other actors? 

Does the law provide for possible delegation of powers to non-governmental stakeholders under the public monitoring system? 

If so, does the law create facilities to enable women, young people or any marginalized/vulnerable group to assume these functions? If so, how? 

If yes, does the law define the following with regard to delegation? 
• Functions that may be delegated; 
• Required controls on or supervision of delegated functions; 
• Procedures for making delegation; 
• Competencies/skills to be held by persons receiving delegation; and 
• Conditions for withdrawal of delegation.