Legal Hub

A    PRECONDITIONS   

AA - WILDLIFE TENURE  

Is wildlife given an independent legal status? 

If wildlife is not given an independent legal status, under which type of resource is it categorized? 

Is wildlife tenure either/or: 
- res nullius; 
- state property; 
- community held; 
- private property? 

Where wildlife is state property or res nullius, does the law define the rights and obligations of private landowners in respect to wildlife present on their land? If so, what are they? 

Where wildlife is private property, is the landowner legally obliged to ensure sustainable use of wildlife? 

Does the law provide for specific wildlife protection measures in designated areas (e.g. forest concessions, community forests, etc.) outside the protected area system? 

Whether wildlife is state, community or private property, does the law allow for any other tenure rights (e.g. hunting, use, capture, etc.) over it? 

Does the law define/recognize indigenous peoples and local communities (IPLC)? 

Does the law provide for involvement of indigenous peoples and local communities (IPLC) in lawful wildlife use? 

If so, does the law ensure the representation of the different interests and needs of men and women as well as their equal participation?

Does the law provide for community-based wildlife management and/or the sharing of benefits deriving from either consumptive (hunting, fishing) or non-consumptive (ecotourism) wildlife use with IPLC?

If so, what is the benefit sharing mechanism provided by the law? Are procedures in place for the collection and allocation of benefits deriving from wildlife consumptive and non-consumptive use?

If so, does the law specifically provide mechanisms to ensure that both women and men will equitably profit from these benefits/livelihood opportunities?

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

AB - LAND & INLAND WATER USE PLANNING 

Does the National Land Use Plan (NLUP) make reference to wildlife at national and/or sub-national level? 

Does the law require a competent authority to undertake an inventory of wildlife? 

Does the law require a competent authority to prepare a national wildlife management plan? 

If so, does the law require that indigenous peoples and local communities (IPLC) are involved in formulation of the wildlife management plan? 

In case a NLUP exists, are SWM-relevant areas (hunting, fishing and ecotourism areas) delineated in the NLUP and/or in sub-national land use plans? 

Are the criteria for setting up SWM-relevant areas (hunting, fishing and ecotourism areas) in correspondence with Natural Tourism Resources (NTRs) defined in the law? 

What are the criteria for setting up SWM-relevant areas (hunting, fishing and ecotourism areas) defined in the law? 

Does the law provide for the classification/declassification of forest/land/inland water to meet different uses? 

Does the law provide for criteria/procedures to operate classification/declassification of forest/land/inland water? 

Does the law provide for a multi-stakeholder approach in relation to classification/declassification of forest/land/inland water? 

If so, does the law provide for specific mechanisms to ensure that both men and women in local communities participate/take initiative on classification/declassification of forest/land/inland water? 

Does the law provide that, if SWM-relevant areas (hunting, fishing and ecotourism areas) are to be set up on land that is under private ownership, the consent of the owner is required? 

Does the law provide for the creation of any of the SWM-relevant areas (hunting, fishing and ecotourism areas) based on public interest criteria? 

Is compensation due in case of expropriation for public interest for the creation of SWM-relevant areas (hunting, fishing and ecotourism areas)? 

Does the law require that Social and/or Environmental Impact Assessments must be conducted prior to setting up  SWM-relevant areas (hunting, fishing and ecotourism areas)? 

Does the law require that an assessment of the gender-differentiated impacts of SWM-relevant areas (hunting, fishing and ecotourism areas) on access to, use of and control over wildlife resources must be conducted prior to its establishment?  

Does the law provide for a procedure or mechanism to ensure that there are no overlapping/competing claims prior to the allocation of land for SWM-relevant areas (hunting, fishing and ecotourism areas)? 

Does the law provide for the creation of a multi-stakeholder entity that is mandated to set up SWM-relevant areas? If so, what is its composition? 

If so, does the law fix a quota for youth, women or marginalized/vunerable groups from the concerned local communities to be representend in this entity?

Does the law require fencing of SWM-relevant areas (hunting, fishing and ecotourism areas)? 

Which kind of sanctions are imposed in case of offences (criminal, administrative) related to land and inland water use planning? 

AC - LAND & INLAND WATER TENURE 

Does the law provide for SWM-relevant areas (hunting, fishing and ecotourism areas) to be created on private, community and/or state property? 

Does the law allow for any other tenure rights (i.e. leasing, concession, management, etc.) over such property in case an SWM-relevant area (hunting, fishing and ecotourism areas) is state, community or private property? 

Does the law provide for any restrictions to, or prohibition of, private or community initiatives in SWM-relevant areas (hunting, fishing and ecotourism areas), whether they are state, private or community property? 

Does the law require that mapping of SWM-relevant areas (hunting, fishing and ecotourism areas) is done in consultation with other tenure right holders, to take into account traditional uses by IPLCs and impacts on their livelihoods? 

In case of overlap with concession areas, does the law specify the rights and duties of relevant stakeholders as opposed to concession holders? 

Does the law regulate overlap/coexistence of subsistence hunting/fishing areas with any other SWM-relevant areas (hunting, fishing and ecotourism areas)? If so, how? 

In case of overlap with subsistence hunting areas, does the law specify the rights and duties of subsistence hunters as opposed to all other SWM-relevant areas (hunting, fishing and ecotourism areas) stakeholders? 

Does the law provide for management plans for any SWM-relevant areas (hunting, fishing and ecotourism areas), with requirements for their development? 

Does the law provide for simplified management plans for subsistence hunting areas or for community forests incorporating subsistence hunting? 

Does the law require that management plans for SWM-relevant areas (hunting, fishing and ecotourism areas) must be developed and implemented through multi-stakeholders participation? 

if so, does the law require the specific participation of youth, women or any marginalized/vunerable groups from the concerned local communities?  

Does the law include safeguards to avoid infringing on or extinguishing tenure rights of others (in particular affected women, families and IPLCs), including for recognition of such tenure rights in the allocation process of SWM-relevant areas (hunting, fishing and ecotourism areas)? 

Does the law provide for equitable sharing with IPLCs of benefits deriving from subsistence/commercial/sport/research hunting/fishing or ecotourism on lands where IPLCs have tenure rights? 

If so, does the law specifically provide that both women and men will profit equitably from these benefits/livelihood opportunities? How? 

If so, what is the benefit sharing mechanism provided by the law? Are procedures in place for the collection and allocation of benefits deriving from subsistence/commercial/sport/research hunting/fishing or ecotourism? 

Does the law provide for financial and/or other incentives for subsistence/commercial/sport/research hunting/fishing or ecotourism? 

Is there provision for public participation in the establishment, management and disestablishment of SWM-relevant areas (hunting, fishing and ecotourism areas)? 

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

B    INSTITUTIONAL FRAMEWORK RELEVANT TO PRECONDITIONS 

BA - 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 wildlife tenure, land tenure and land & inland water use planning? 

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? 

Does the law provide for special thematic tribunals dealing with wildlife tenure, land tenure and land & inland water use planning? 

BB - 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? If so, what are they? (i.e. coordination mechanisms at a local level) 

BC - 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.