The role of law in supporting and strengthening other effective area-based conservation measures to improve in-situ conservation in Papua New Guinea

Nolan, Mikal

The role of law in supporting and strengthening other effective area-based conservation measures to improve in-situ conservation in Papua New Guinea

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

This thesis explores how the law can support and strengthen Other Effective Conservation Measures (OECMs) as a tool to improve in-situ biodiversity conservation in Papua New Guinea. The research is undertaken through two methodological components. Part I reflects on what is the role of law in supporting and strengthening OECMs. This examines the evolution of conservation thinking that has led to the inclusion of OECMs within the modern international conservation discourse. Having outlined the broad context, the thesis proposes a theoretical legal framework for recognising OECMs, structured on the IUCN guidance for recognising and reporting OECMs. Part II narrows to examine the application of the theoretical context to a domestic model. The dominance of customary land tenure and legal pluralism in Papua New Guinea provides an interesting study to develop a deeper understanding of the role of law in supporting and strengthening OECMs for improved area-based conservation. To establish the legal foundation, the thesis provides a broad overview of Papua New Guinea's policies and laws with potential relevance to OECMs. This then underpins a critical review of the policy and laws against the theoretical legal framework developed for OECMs in Part I. Finally, the thesis reflects upon the domestic opportunities and reforms required to strengthen and support the recognition, regulation, and reporting of OECMs within Papua New Guinea. OECMs could afford a mechanism to expand the discourse of what is desirable and acceptable as defined by national protected area legislation without necessitating the adoption of new provisions through the inclusive recognition of laws that may exist within the multiple legal systems of a state. Within the context of Papua New Guinea, it is argued not to present OECMs as a new mechanism but rather to afford recognition to existing area-based conservation measures found within sub-national legislation and customary laws as given effect by the Constitution and Organic Law on Provincial Governments and Local-level Governments. A new Protected Areas Act has enacted changes that could risk overstating the protected area coverage as not all recognised areas will meet the IUCN definition of a protected area. To promote clarity and consistency, it will be critical for the law to explicitly identify the context and parameters that will differentiate OECMs from protected areas within the domestic context. Although the central message of the KunmingMontreal Global Biodiversity Framework has been to conserve at least 30% of terrestrial, inland water, coastal, and marine areas by 2030, coverage alone does not translate into effective biodiversity conservation. States will need to address the target's qualitative elements, such as being effectively managed, ecologically representative, well-connected, and equitably governed. While most states globally have established laws for protected areas, and perhaps OECMs, many are laced with weaknesses and gaps that hinder the realisation of equitable and effective governance and management regimes. The IUCN's recent guidance on OECM encourages the review of existing policies, laws, and regulations with potential relevance to OECMs, yet explicit considerations of the role of law are under-explored. Despite a growing body of literature and research relevant to OECMs, few studies directly engage with the Papua New Guinea and broader Pacific context. This thesis seeks to advance the legal recognition, regulation, and reporting of OECMs to more equitably acknowledge conservation efforts by a range of actors and stakeholders.