Planning phase | PANORAMA

Legal recognition of nature’s inherent rights through Earth Law

The Sustainability Rights Ordinance is based on the concept that nature has inherent rights, just as humans enjoy inherent human rights. The rights of nature movement is growing worldwide. For example, in 2017, four rivers earned recognition of their legal personhood (in New Zealand, India, and Colombia).

The conditions are (1) local advocates supportive of the rights of nature, (2) lawmakers or judges willing to consider rights of nature as an alternative to the current legal paradigm under which nature is property, and (3) professional legal support from experienced rights of nature campaigners (e.g., Earth Law Center).

Having an inside champion is essential to the success of rights of nature laws. In our case, a member of the Santa Monica Environmental Task Force (a quasi-governmental body led by citizens) was extremely supportive, which helped us earn an audience with the City of Santa Monica. Additionally, careful legal analysis and drafting is necessary to create a legally-defensible rights of nature law. One aspect that could work better is a specific timeline for full implementation of a rights of nature law as well as specific funding mechanism, as this is necessary to ensure the rights of nature are actually enforced on the ground.

Lionfish control in areas inaccessible to fishers

Where commercial lionfish harvesting is not practical or permitted (such as in protected areas), or if the current fishing pressure is not sufficient to suppress lionfish populations below site-specific management targets, a combination of alternative removal methods can be used to reduce lionfish populations, including:

culling by SCUBA, either by protected area managers or dive operators
lionfish culling competitions (also known as derbies or tournaments)
deep-water traps, whilst still at the design stage, have the potential to be used as a tool within a package of lionfish management actions

Multiple stakeholders may need to conduct one or more of these activities at a given site to achieve a desired level of lionfish suppression.

Lionfish management targets must already be known so that ineffectively controlled sites can be identified
A lionfish task force must be active so that sites are prioritised for management based on best available knowledge
Culling by SCUBA requires an active and informed diving industry, as well as capacity for adequate management and enforcement of regulations (e.g. to prevent divers from targeting other species while carrying out lionfish culls)

Given the widespread nature of the lionfish invasion and limited resources, it is unlikely that lionfish populations can be controlled in all areas of conservation importance. Therefore, sites for management should be prioritised via a a lionfish taskforce, in consultation with communities and stakeholders.
Culling can cause reef damage if not properly managed: inexperienced divers may damage corals with spears, or special permission for lionfish culling can make enforcement of otherwise prohibited activities difficult (e.g. spearfishing within protected areas). These challenges must be addressed before implementing any programme.
Lionfish tournaments do not provide regular enough removals to sustain lionfish population suppression if not coupled with additional strategies. They do however provide an excellent opportunity for awareness raising.
Risk of traps causing physical damage to reefs or catching by-catch must be eliminated before traps are introduced.

Familiarizing farmers with spelt as bird-friendly and economically viable crop

More farmers need to know about Spelt and its usefulness in food production. Through outreach and demonstartion it can be a viable option for other agricultural producers to adopt into their rotations, which will diversify their farm income.

Production cost/income of spelt, when compared to the production cost/income of wheat and soy was found to be a much better option for producers to diversify their crops, because of spelt's use in the current consumer market. Spelt has a current market established as both an animal feed and grain for human consumption.

Unlike hay or grass biofuels, spelt is planted with conventional farm equipment so costs pertaining to obtaining specialized planting or harvesting equipment (like that for warm seasongrass) are not applicable. Therefore farmers were more apt to try it.

Planning phase

Implementation

National

Design and Impacts Study

RSPB

The design and impacts study look at the feasibility of the project in terms of potential impact, design of intervention and potential results.

Potential Impact: flooding of the site under various tidal conditions was modelled, and showed that the project would have a negligible effect on the tidal regime and coastal processes of Nigg Bay and the Cromarty Firth.

Design: different engineering options were considered - a single breach, two breaches, completely removing the sea wall or not doing anything. Hydraulic modelling informed the decision that two 20m breaches, lining up with the relic drainage channels, was the preferred design. It also specified some further engineering work.

Potential Results: the likely zonation of saltmarsh communities within the coastal realignment site was modelled, using the elevations of the site. This showed that there was sufficient topographical variation for a full zonation of saltmarsh communities to be restored without further engineering works.

A full environmental impact assessment was not required by authorities, so a design and impacts study was commissioned instead.

The design and impacts study provided useful information for the design of the coastal realignment intervention and contributed to the success of the scheme.

Planning phase

Inception phase

Local

Balancing trade-offs between different priorities

The interdisciplinary working group “Isar-Plan” was initiated in 1995, with membership from the Munich City and the State Office of Water Management Munich and the “Isar-Allianz”. The group examined the flooding situation, the need for recreational areas at the riverside and the area’s biodiversity. The study included a comprehensive atlas of fauna and flora, existing public uses and spatial qualities, which later were merged into a conflict and value analysis of all aspects in relation to one another. Based on these findings, development goals were defined. Flood defense measures were chosen that mostly maintained the existing undergrowth on the dykes to conserve ecosystems and have areas for recreation. A sufficient runoff capacity was generated by broadening the main channel bed which simultaneously enables near-natural and flat river bank stabilization.

Hydrological modelling helps to determine what is needed and what is possible for restoring the river and a suitable flow. Furthermore, while most of the river in that area had been canalized, a part near the city had maintained its character so it could serve as a model function of the river. Finally, good cooperation between stakeholders for balancing priorities between flood protection, nature and recreation was essential.

The design of rough ramps enhances natural development of the river regime. With their pools, stone rock steps and the downstream gravel banks and gravel stone islands have an important ecological function and contribute towards the overall morphological development of the river bed. They also provide an attractive site for recreation. Dynamically developing banks are a special feature of the natural river, changing and retreating during high water levels and flood runoff. However, to prevent future erosion, rear-defense protection measures were implemented for safety reasons. In the inner city, the Isar Plan had to deal with several restrictions for the river development due to the existing infrastructure, and deal with the controversial public discussions over two competing restoration designs (see above). A clever compromise between the two designs was reached with reinforcements built below ground and covered with vegetation to provide a naturalized appearance.

Partnerships and public engagement

The project was headed by the State Office of Water Management Munich (Wasserwirtschaftsamt) and includes representatives from the Department of Public Construction (Baureferat), the Department of Urban Planning and Building Regulation (Referat für Stadtplanung und Bauordnung) and the Department of Health and Environment (Referat für Gesundheit und Umwelt). It also partnered with “Isar-Allianz” (an alliance of NGOs). Public participation was ensured through multiple mediums to encourage awareness and participation. Participation was especially encouraged during the landscape design competition for the 1.6 Km urban stretch, which allowed a voice given to the population for the design of the area as well as raising awareness of the issues of renaturalisation and flood protection.

Diverse mediums were used to engage stakeholders, such as an internet platform, info-brochures, excursions, workshops, TV and press, round tables, info-points, and a service telephone.

The level of cooperation achieved between all stakeholders involved within the Isar-Plan was excellent and one key success factor for the project. Indeed, stakeholder dialogue and involvement was challenging at times with controversial discussions, and a public quarrel involving strong campaigns. Conflict came about after two nearly opposing designs were awarded 1st and 2nd prize. The main issues in this case is the fact that there are constraints within a crowded urban sector in terms of what is necessary for flood control. A full EbA Solution, i.e. total renaturalisation, was unlikely to afford enough flood protection in this particular 1.6Km compared to the rest of the 8km. This was taken into account by the 1st design, whereas the 2nd promoted more naturalization. The public was split in two behind the two schemes. A clever compromise between the two designs was reached, showing how good mediation and cooperation is necessary.

Strengthening local capacities and knowledge

Conexión de tuberías como parte de la solución híbrida de manejo del agua – Miraflores, Perú

I. Rivera

The main goal of the capacity building and local knowledge component was to provide technical knowledge for managing and conserving water, natural pastures, and livestock. Our focus was on informing community members and park rangers through evaluation workshops and training sessions on topics such as pasture fencing, water management and water distribution. A 3-D model of the Miraflores community was developed in a participatory way to facilitate planning for managing pastures and water in the communal territory. Information was gathered during participatory rural appraisals. These appraisals include specific studies focused on water, pastures, archeology, social organization, agricultural and livestock productivity.

Use of communication tools to increase local awareness and understanding of the project
Local, traditional knowledge and dialogue with outside experts: local participation and positive interactions between locals and external experts have led to effective communications between them
Participatory approach and participatory action-research methodology
Local researchers served as a bridge between the project and the whole community

It is essential that the field team be trained in applying the participatory approach, using participatory tools and facilitating collective learning.
Diversifying work with local partners - combining workshops with other methods, practical tools and field work ("learning by doing").
Develop activities that involve women, youth and other groups within the community.
Maintain a high level of presence in the field and share the day-to-day work with the community.
Provide more practical training during fieldwork.
Communication strategies helped disseminate the project’s ongoing achievements and progress. These updates were well received and had good impact. Examples are the participatory videos and the "Night of Art” theater.

Stakeholder engagement and capacity development “on the run”

Workshop with different departments of the municipal government of Duque de Caxias

GIZ

Participatory identification of climate change impacts

GIZ

A shared understanding, engagement and commitment of key stakeholders and the availability of capacities and resources are key. Right from the start, climate change and the ecosystem services proved to be excellent topics to bring together expert opinions and different perspectives from stakeholders, enabling them to work together on common challenges.

An inter-secretarial workshop brought together representatives from different departments of the municipal government of Duque de Caxias. This (first) opportunity to exchange on these issues helped them to discuss the importance of considering climate change related risks in their municipal planning instruments. The participatory identification of climate change impacts fostered a common understanding of climate change as a crosscutting issue affecting all municipal sectors. The mix of inputs, discussions as well as working on the concrete case strengthened the spirit of cooperation and the search of synergies in preparing for (ecosystem-based) adaptation to climate change in the region of Duque de Caxias.

The final outcome was the creation of an inter-departmental working group on climate change, which seeks for coordination and cooperation in order to enhance adaptation success.

Strong ownership of the process on the part of the municipality.
Awareness of the need to improve the planning procedure and willingness to implement the necessary steps.
Reduction of frontal input during workshops to a minimum, giving to participants as much ownership of the process as possible, and therefore enabling them to discuss and learn “by doing”.

Climate change and the ecosystem services approach proved to be excellent topics to bring together experts and stakeholders with different visions, enabling them to collaborate on common challenges.
Introducing vulnerability to climate change and ecosystem services as crosscutting issues, rather than separate topics, increased the likelihood for them to be considered a topic of high-value.
The combination of workshops with capacity development elements helped to sensitize representatives from different sectors for the need to cooperate and coordinate in order to reduce specific risks.
The joint development of starting points and concrete steps to consider vulnerability to climate change and ecosystem services in planning processes lowers the stress of local planning teams.

Planning phase

Local

Mapping of key ecosystem services

Presentation of results

GIZ

Data collection

GIZ

Mapping of ecosystem services

GIZ

The aim of this step was the mapping and evaluation of ecosystem services (ES) provided by the region’s ecosystems, using the IES approach (Integrating Ecosystem Services into Development Planning).

The first step of the workshop was a participative selection of the most relevant ES, so that they can be considered in spatial planning processes. In a second step, using the Matrix Method, the following activities where undertaken for the mapping of the ES:

Creation of a database (current land-use, present and future conditions of ES), design of interview guidelines.
Mapping of relevant interviewees (specialists, decision makers and community representatives), carrying out of the interviews.
Creation of the ES Maps using GIS/QGIS. The maps show the location and intensity of the ES and the main drivers leading to degradation of ecosystems.

The analysis identified conflicts between zones of the current master plan and some of the landscapes that provide important ES. Additionally, several patches of native vegetation inside urban areas have been identified as suppliers of ES, which provided new information for urban planning. The mapping also generated data with explicit information regarding cultural services for the first time.

Municipal technicians’ recognition of both, the importance of ES for the population’s well-being, and the fundamental significance of the protection of ecosystems for the municipality is key for this step.
Based on this enabling factor, they facilitated as many resources as possible for a smooth implementation of the work. As a result, the ecosystem services mapping played a key role for a solid diagnosis that allows considering ecosystem services in territorial planning.

The ES assessment was an opportunity to: (1) increase public participation in territorial planning; (2) systematize and make use of local knowledge; (3) increase general acceptance of the future zoning proposal; (4) clarify and explicit land use conflicts and uses/dependencies of ecosystems; and (5) add valuable information to the territorial diagnostic in a language that allows for a good understanding of all sectors of the government regarding the importance of each ecosystem.
Including key stakeholders in the mapping is vital, both to increase legitimization of the data and its acceptance and to ensure the stakeholders’ advocacy for the results. Validating each step with stakeholders is crucial both to ensure ownership of the results and to enable them to understand and advocate for the results.
Necessity of carrying out a detailed stakeholder mapping to identify all key stakeholder as well as of spending more time on this preliminary selection and interview process.

Planning phase

Inception phase

Local

Enhancing ecosystem services mapping for policy and decision making

Research: Theoretical and technical foundations

Workshop with colleagues from Colombia

GIZ

Expert workshop on mangrove management

GIZ

Students of the "Pontificia Universidad Católica"

GIZ

The activities that form part of this building block aim to improve knowledge about the mangrove ecosystem, the impacts of climate change and the theoretical and technical basis of mangrove restoration. It aims to articulate the compilation of scientific information with local knowledge, transferring the findings into a practical approach.

As a preliminary step to the implementation of the measure, the preparation of the climate change plan of the Municipal Government of Esmeraldas was supported.
In 2016 a dialogue event was held between experts and technicians from Ecuador and other countries to better understand the impacts of climate change on the mangrove ecosystem and to share experiences and lessons learned on mangrove restoration. This knowledge is used to plan the reproduction of the red mangrove (Rhizophora harrisonii), reforestation in situ and monitoring (see also building block III).
An agreement has been established with the Pontificia Universidad Católica (Esmeraldas office) to monitor the efficiency of the trials and generate research on mangrove ecosystems linked to climate change.

Political and technical interest of the Municipal Government of Esmeraldas in generating the climate change plan.
Predisposition by the academy to collaborate in the implementation of practical research.
Interest of different actors in exchanging experiences and lessons learned in mangrove management.

Research on climate change, in order to be relevant and applicable to solving problems and challenges of conservation and sustainable management of mangroves, must be planned among all the actors in society (MAE and GIZ 2016).
Vulnerability studies should include perceptions of local communities.
The dissemination of information should address all political and decision-making levels, communities, public servants and others, using all possible means (not only digital) in a broad and creative way.
The development of training processes on climate change should be a line of action for the following years (MAE and GIZ 2016).

Planning phase

Local