Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas

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dc.contributor.advisorPaterson, Alexanderen_ZA
dc.contributor.authorBirgen, Rose Jeptooen_ZA
dc.date.accessioned2015-11-21T09:36:22Z
dc.date.available2015-11-21T09:36:22Z
dc.date.issued2015en_ZA
dc.description.abstractThe goals of conserving nature have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include indigenous and local communities' territories, and although indigenous rights have been strengthened through international policies and laws, conflicts over land entitlement are still common. A couple of notable events internationally in the context of Human Rights and nature conservation discourses have marked a significant shift in the attitudes and approaches to the role of indigenous people and local communities in natural resource governance. Contemporary approaches enable them to define themselves and to own and manage land and natural resources. Domestic policy makers are faced with the challenge of creating national laws and policies to implement this contemporary approach. This thesis looks at the concept of ICCAs as a tool for facilitating participation of indigenous and local communities in natural resource management. It begins with an analysis of the form, nature, origins and value of ICCA's- and specifically key legal elements which should ideally be included in a legal framework to give domestic effect to them. This analysis indicates that in order to recognise and protect the indigenous people and local communities and for ICCAs to be a success, their land tenures and resource rights have to be legally secured, they have to be deliberately involved in management of natural resources and they have to enjoy the benefits that arise as a result of their input and use their traditional knowledge to protect and conserve natural resources. The dissertation then turns to consider whether these elements are present in Kenya's legal framework. 2010 is used as a benchmark because of the significant reform introduced giving an edge in the way indigenous people and local communities and their contribution to natural resource management were recognised.en_ZA
dc.identifier.apacitationBirgen, R. J. (2015). <i>Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/15170en_ZA
dc.identifier.chicagocitationBirgen, Rose Jeptoo. <i>"Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2015. http://hdl.handle.net/11427/15170en_ZA
dc.identifier.citationBirgen, R. 2015. Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Birgen, Rose Jeptoo AB - The goals of conserving nature have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include indigenous and local communities' territories, and although indigenous rights have been strengthened through international policies and laws, conflicts over land entitlement are still common. A couple of notable events internationally in the context of Human Rights and nature conservation discourses have marked a significant shift in the attitudes and approaches to the role of indigenous people and local communities in natural resource governance. Contemporary approaches enable them to define themselves and to own and manage land and natural resources. Domestic policy makers are faced with the challenge of creating national laws and policies to implement this contemporary approach. This thesis looks at the concept of ICCAs as a tool for facilitating participation of indigenous and local communities in natural resource management. It begins with an analysis of the form, nature, origins and value of ICCA's- and specifically key legal elements which should ideally be included in a legal framework to give domestic effect to them. This analysis indicates that in order to recognise and protect the indigenous people and local communities and for ICCAs to be a success, their land tenures and resource rights have to be legally secured, they have to be deliberately involved in management of natural resources and they have to enjoy the benefits that arise as a result of their input and use their traditional knowledge to protect and conserve natural resources. The dissertation then turns to consider whether these elements are present in Kenya's legal framework. 2010 is used as a benchmark because of the significant reform introduced giving an edge in the way indigenous people and local communities and their contribution to natural resource management were recognised. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas TI - Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas UR - http://hdl.handle.net/11427/15170 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/15170
dc.identifier.vancouvercitationBirgen RJ. Facilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areas. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15170en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Marine and Environmental Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherMarine and Environmental Lawen_ZA
dc.titleFacilitating participation in natural resource governance in Kenya: a critical review of the extent to which Kenya’s contemporary legal framework enables indigenous community conserved areasen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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