Flexible Legal Setting for Park Management

Ueno Park is flexibly managed to meet its historical background and current needs. To cover part of the expenses to manage urban parks, TMG allowed some private entities to run their businesses such as a restaurant and make a profit inside the park. While the Urban Park Act of 1956 prohibits any kind of private business activities in urban parks to avoid uncontrolled development, the government identified restaurants and small shops as part of the park facility that can be built, operated, and managed by private operators to meet public interest under government controls and allowed them to continue their commercial activities. This actions by TMG follows the Urban Park Act that allowed local governments to grant third party use or occupation of property, and construction and management of facilities. Consequently, several restaurants and small shops exist as park facilities in Ueno Park.

  • Proper balance of Government supervision and flexibility to enable private sector involvement

In principle, public park management is not for profit-seeking activities, and uncontrolled private business practices may distort the original purpose of the public parks and exacerbate social inequity in urban contexts. The case of Ueno Park shows us that urban parks as public goods/services should be managed under government supervision in a proper manner but there also needs to be flexible and adaptive management in consideration of economic, social and cultural aspects of individual parks. Overly-strict operational regulations would diminish the diversity, attractiveness, and competitiveness of urban parks and limit the positive influence of park services on local communities and economies.

Creating conducive policies and laws

A system of decentral supervision and control through local forest authorities and enforcement patrols in the villages has been set up. Awareness raising against illegal practices was strengthened. Public controls of transport routes to consumption hotspots and markets ensure that charcoalers, transporters and retailers are motivated to use sustainably sourced wood.

 

The strategic orientation on green charcoal value chains has been laid down in a Regional Modernisation Strategy (Vision 2020) for the DIANA region. The strategy was the outcome of a negotiation process with main actors of civil society. Key elements include improved forest management, reforestation & introduction of efficient technologies and the development of local wood energy markets.

 

Proposals for regulatory measures were made to curb unregulated and widespread production of wood energy in remaining natural forests. An environmental coordination platform (OSC-E/DIANA) reuniting all relevant actors of the civil society of the DIANA region has been created. The members of the platform gather regularly to discuss the progress of the modernisation process and to negotiate how to overcome upcoming barriers.

  • Awareness of policy makers to foster wood as a renewable source of energy
  • Good governance and tenure security, esp. self-determined allocation of wastelands to households committed to their reclamation and sustainable use
  • Multi-stakeholder coordination (regional biomass energy exchange platform - PREEB) to promote coordinate the implementation of the regional woodfuel strategy
  • Enhanced law enforcement and transparency enhancing market competitiveness of sustainable charcoal
  • Formulation of a regional woodfuel strategy has to be based on a consensual vision, high-level commitment and ownership, and sound baseline information. The strategy must combine the modernisation of “upstream” and “downstream” aspects of the value chain
  • Value chain development must be backed up with policy support and business development
  • Value chain development needs to be incentivised through fiscal exemptions during the start-up phase; at later stages, parties to the value chain will be able to contribute funds to their respective municipalities
Land tenure security for tree planters

A village based participatory approval process allocates individual reforestation sites to households, along with defined use-rights & obligations using the following steps:

  1. Application to local forest authorities by smallholders through voluntary user groups
  2. Consultation on village level to exclude disputed land upfront & for taking unanimous decision on the future reforestation sites allocation. Results: minutes & sketch plan
  3. Verification by communal decision makers & endorsement by a communal decree
  4. Assigning land to the village afforestation body based on a specification document
  5. Mapping of individual wood lots; plot owners receive individual map with GPS coordinates signed by the mayor of the community
  6. Registration of sites by the land office; official verification of the reforestation site based on sketch plan, the communal decree and the enrolment into the local tenure plan.

Forest authorities register the transfer of use rights for an indefinite period, including equal access and benefit sharing for the participants. Smallholder households involved in the afforestation scheme own ~3 ha. This enables them to produce about 2.6 t charcoal per year for 27 years without further investment.

  • Availability of barren land not suitable for other land uses
  • Involvement of the municipalities (municipal decree for the allocation of land for reforestation and decentralised land management)
  • Legal framework, in particular the 2005 land reform allowing land certification through the municipalities
  • Awarding individual long-term land-use rights marks a new and unprecedented level of tenure security, motivation and ownership
  • The number of bush fires in the afforestation zones decreased as forest owners have an interest in protecting their property
  • Incomes increased by ~40% compared to average income in rural areas. For the landless third of rural farming households the increase is significantly higher.
  • User groups are self-governed and operate self-reliantly, with training and organisational support (charters, administration, formation of committees, databases) provided by the project, NGOs and other local partners
  • Direct monetary support is not being provided
  • Land use planning helped to analyse, valuate and prioritise multiple land interests. It was the basis for a consultation process to exclude disputed land upfront, and enabled a consensus-based decision on site allocation and size
Long-term Commitments and Partnerships

The long-term plan of OMY is embodied not merely by one private developer but jointly initiated by a group of public-private stakeholders across the local business districts. Indeed, the Council for Area Development and Management of OMY, being comprised of 68 landowners, 12 observers, and 8 special members in 2016, established the Advisory Committee on OMY Area Development in 1996 together with the Tokyo Metropolitan Government, Chiyoda Ward, and East Japan Railway Company. As the first area management initiative in the country, the Committee regularly updates the guidelines for redevelopment activities since 1998. These guidelines set out 8 development goals, key functions of zones, axes, and hubs, district design standards, and local operation rules for coordinating cityscape, networking public open spaces, and transferring FARs. Furthermore, the committee has introduced a variety of area management and place-making initiatives such as free loop bus service, car-free public spaces, establishment of a district-level association, and various city events.

  • Council for Area Development and Management of OMY (comprised of 68 landowners, 12 observers, and 8 special members)
  • Coordination across the local govenrment, the ward government, and the railway company
  • Legalization of the Area Management Initiative

Large-scale redevelopment projects generally require the complex and painstaking coordination of property rights among various stakeholders. The long-term commitment of major developers and the establishment of horizontal partnerships are essential for intergenerational redevelopments and sustainable area management. Many details of urban design, operation, and place-making efforts must be initiated and guided in local specific ways.

Market Incentives for Social Capital Improvements

Accompanied by private redevelopment projects, the national government decided to restore the old redbrick building of Tokyo Station, initially built in 1912 and damaged by firebombing during World War II. While the symbolic building restoration was expected to have broader social and cultural benefits for the neighboring business districts, its project cost was estimated around JPY50 billion. In order to meet both social and commercial objectives, the site of Tokyo Station was extensively designated as a zone for the special FAR exemption and allowed to transfer the unused FARs from the historic redbrick building to the neighboring lots for new commercial tower developments. The station building restoration, partially financed by the FAR transfer revenues, was successfully completed in 2013 by a railway company, which also developed two 205-meter tall skyscrapers among the towers with extra FARs, and reinvested the increase in land value of the densified grade-A office buildings to cover the railway finance. To improve the district further, the current provision of a multimodal transportation square for regular bus and taxi services plans is to be completed by East Japan Railway Company in partnership with the Tokyo Metropolitan Government in 2017.

  • Legislative and institutional requirements met to apply bonus FAR schemes
  • Finance mechanism to cover a vast amount of capital improvement cost through land value capture

  • Sound approach for land and property value assessment

Private redevelopment projects could meet both commercial and social objectives if market incentives are properly given for public capital improvements. In particular, the exemption and transfers of extra FARs should be designed not merely to increase short-term business profitability but rather to raise public funds for life cycle asset management.  

Going the extra mile

Once the creative process has started, ideas have turned into plans, and there are high expectations about what can be achieved, the Association faced the dilemma of fast profiting, by catching all product available (altought at lower price per unit), or long term profiting, establishing a catch-limit in order to ensure the availability of high quality product (better valued, and allowing black shell population to meet its life cycle).
Since the second alternative seemed more rational for members, the had to design the tool to manage the catch limit. The solution was to set the catch-size 2 millimeters above the legal limit to catch, and to adopt some several regulations into their rules of procedure. That is, to pass from some crazy ideas to a disciplinated implementation with strong sanctions ( monetary and suspension of the fishing rights of the members) aprooved by the total of the members.

Strong comunity and associative principles allowed to adopt mature decisions, even those perceived as too restrictive.

 

The certainty that in order to achieve a better future, changes in their way of living must be done.

To be confident into their propositions, and to not be afraid of the uncertainty of their decissions.

Disciplined implementation is a key factor.

Rotate the responsibility of administrative management allows most of them to understand the importance of control role and to respect eachother, reducing unrest potential.

Creative participation

Despite self-clousures are well known measures in order to preserve a biological resource, it has never been applied by the Association or the black shell resource in the area. Creative sessions have allowed members to propose ideas (self-clousures) to the plenary, and the creative participation on analyzing and discussing its benefits and consequences have helped to develop complementary measures (like zonification and a fattening area), obtaining a more robust and fruitful plan.

Trust environment for working sessions allow to talk in an open and confident way, and allow creativity outcrops.

Do not throw away ideas. Allow the discussion of all of them, enabling open participation.

Cooperative networking

Association Las Huacas has developed a Cooperative networking with different allies from private and public sectors. Partnership agreement with GEOGES C.Ltda. (environmental consultancy agency), wich has been interested into cooperate with ancient populations in order to preserve the culture and traditions, as well as to recover the optimal conditions for mangrove development and conservation.
The agreement brings to the association the technical capabilities of the Agency, in order to get the assistance to design- implement- and follow up of the management plan. The agreement has also served as a framework for cooperation at different levels – community, asociation – in order to enforce the organizational aspects of both institutions, as well as to propose and to develop alternative initiatives of production or self-employment, and the critical analysis of thrird parties cooperation initiatives.

To find the right partner, relative objectives and vision (apply to bothsides).

Total commitment to cooperation, with full involvement of the members into the planned activities.

Long-term follow-up, in order to create and to register data that will allow future decission making.

 

 

 

Active participation in identifiying issues and planning process will allow better understanding of the issues and more realistic paths to deal with it.

Try and failure process is also necessary in order to understand different dynamics working at the time, and to develop successful next steps.

Importance of conservation

Scientists, who have been monitoring the area before it was closed, estimate a 500% increase in biomass within the area since the closure. The area, previously covered with sea urchins, is now a thriving biodiversity hotspot with the balance restored. The elders report new species in the MPA that have not been seen in living memory. The coral, previously destroyed by human feet, has recovered quickly and the lagoon area is now known as one of the best snorkelling destinations on the Kenyan coast. Local and international students come and learn in our living marine classroom. Turtles feed on the seagrass beds undisturbed, and the number of nests has increased significantly. The area has returned from being a marine desert to a marine paradise and a critical model globally that shows how a poor community can help conserve nature and benefit from it too. Bigger and better catches outside the MPA has ensured support for the permanent closure.

 

The MPA could not have gone a head without the belief and forsight of the fisherfolk in the area and the acceptance to beleive that positive change was possible even in difficult circumstances. Local knowledge from the elders ensured a suitable site for the closure was chosen. Scientific research also supported the choice as having the most potential for long term improvement. Regular updates on improvements within the MPA has helped sure up the belief that it is successful as a breeding area.

That nature is resilient and can recover amazingly quickly if left alone to do so. Identifying needs and fostering willingness to embrace change can improve livelihoods. The importance of undertaking an environmental impact assessment on the area, underpinned by research and local knowledge, before the project started has been a critical factor towards the success of the MPA. Constant awareness and updates of the improvement in the MPA need to be communicated back to the community. Analysing the information can be used to put into perspective in the socio-economic impact. The importance of communication of our progress back to the community has been something we have had to improve. When the community understands and sees the benefits from change they are, understandably, more willing to accept it.

Vulnerability Analysis

Assessing vulnerability is a crucial step in order to identify the risks and come up with appropriate solution.  Siargao’s revised Siargao Island Protected Landscape and Seascape Plan takes into consideration the geologic hazards, climate change related hazards as well as the hazards brought about by illegal fishing, unregulated cutting of mangroves and other destructive practices. The farming and fishing communities of Siargao Island are highly dependent on available natural resources and coastal villages in particular are exposed to climate related hazards. There is therefore a pressing need for Siargao to develop a comprehensive understanding of the impacts of climate change, both on the environment and on its socio-economic development, as well as measures to manage these impacts. 

 

Understanding the risks  and vulnerabilities is also necessary in identifying the organizations and people who have the technical skills and capability to assist in the identification of adaptation strategies.  Sentro Para sa Ikauunlad ng Katutubong Agham at Teknolohiya (SIKAT), for example, was identified because of their significant experience in community-based coastal resource management and in community-based disaster risk management. 

  • Availability of Siargao Island Protected Landscape and Seascape Plan which takes into consideration the geologic hazards, climate change related hazards as well as the hazards brought about by illegal fishing, unregulated cutting of mangroves and other destructive practices.
  • Participatory Hazard Assessments, Capacity and Vulnerability Assessments, and Climate Change Adaptation planning conducted in coastal communities.

Coastal communities should be involved in vulnerability assessment taking into consideration the differentiated impacts of hazards to men and women fishers.