Achieving participatory governance for adaptation

The Binational Commission for the Sixaola River Basin (CBCRS) needed to diversify participation in the basin’s governance. Although it brought together actors from different sectors and levels of government (national and municipal), some actors were still missing (such as the Municipality of Bocas del Toro, Panama, which joined in 2016). The CBCRS management was not yet consolidated, because of its complex composition and that it had neither a binational territorial planning tool with which to articulate efforts on both sides of the border, nor its own budget. Through an extensive participatory process, the CBCRS drafted a Strategic Plan for Transboundary Territorial Development (2017-2021) and expanded its project portfolio. Encouraging participation in this process, and in bi-national activities, has created conditions for civil society and municipalities to take an active role in the implementation of the plan and adaptation actions. Providing a space particularly for women, youth and indigenous people, usually marginalized of decision making. CBCRS plan also urged greater equality in the access to and use of natural resources on which local communities depend, thus favouring those groups most vulnerable to climate change and creating a sense of ownership.

  • Communities are willing to participate in dialogue, learning, search for solutions and joint actions. Most stakeholders in the basin are concerned and affected by climate change excessive rainfall that causes flooding.
  • In order to achieve a broad participation, the integrating role of the CBCRS as a binational governance and dialogue platform, and of the (Talamanca-Caribe Biological COrridor Assotiation) ACBTC as a local development association, was indispensable.
  • In governance for adaptation, effective participation can enrich planning and decision-making processes, leading to results that are accepted by all parties involved
  • Coordination between projects, and initiatives such as the Central American Strategy for Rural Territorial Development (ECADERT) that provided funding for the first project awarded to the CBCRS, contribute to the up-scaling and sustainability of the actions.
  • Social participation and strengthening of organizational capacity, through the identification of spokespersons and leaders (amongst youth, women and men) is an important factor for the consolidation of these processes and, with it, governance structures.
  • Encouraging public participation increases dialogue and the assessment and incorporation of knowledge (technical and traditional), as well as the inclusion of lessons learned from each sector.
  • Future efforts should consider how to strengthen the incorporation of the agri-business sector (e.g. banana or cacao) into the governance for adaptation agenda.
Achieving multidimensional governance for adaptation

The Binational Commission of the Sixaola River Basin (CBCRS) functioned as a multidimensional (multisectoral and multilevel) governance platform for the basin. The CBCRS brings together representatives from different levels of government and sectors (including indigenous peoples and the local private sector of both countries) but needed to attain more effective vertical and horizontal integration. The preparation of the Strategic Plan for Transboundary Territorial Development (2017-2021) had the effect of fostering inter-institutional and inter-sectoral coordination and cooperation, forging dialogues on national frameworks and local needs, and promoting EbA.

 

At the local level Eba measures such as agricultural diversification with integral farms and reforestation actions were implemented. The aim was beyond individual impacts, to scale up lessons to the basin scale, such as: 

  • the CBCRS´s project portfolio
  • the coordination of binational activities, such as Agrobiodiversity Fairs.
  • the Biological Corridor Association of producers, which facilitated the  exchange of experiences and peer-to-peer contacts (producers, municipalities)
  • The prior existence of the CBCRS (since 2009), covered under the Cooperation Agreement for Border Development between Costa Rica and Panama, was a key enabling factor, since the purpose of this binational structure (achieving greater transboundary coordination and leadership for good governance and the integral development of the basin) was fully consistent with the objective of improving adaptation capacities to climate change impacts in the basin.
  • Multidimensional governance is a central part of adaptive capacity. It is based on vertical integration of different stakeholders (local, subnational, national, regional), through the creation and/or strengthening of institutions where entities of multiple levels participate. It is combined with horizontal integration of sectoral authorities (public, private, civil society) in order to reduce isolated approaches in management and decision making, and allow mutual benefits and synergies between sectors and their adaptation needs to be identified.
  • In adaptation, inclusion of municipalities is vital, since they have a mandate in territorial management, but also responsibilities in the implementation of national adaptation policies and programs (e.g. NDCs, NAPs).
  • Peer exchanges (such as meetings between local governments) are an effective mean to awaken interest in the "natural solutions" offered by ecosystems.
  • The articulation of project efforts across a territory is fundamental (e.g. between AVE and BRIDGE in Sixaola) in order to achieve greater impact through a coordinated work agenda.
Revitalizing governance for adaptation

To be effective, governance for adaptation must be multidimensional and participatory, which entails involving farmers, municipalities, ministries and other public institutions in the area, community leaders, public health units and educators, in water management and adaptation processes. In the Sumpul River, this was achieved particularly through "action learning" processes and the revitalization of the Binational Community Committee of the Sub-basin. The work and local legitimacy of the Binational Committee was enriched by the inclusion of community bodies that for years were disjointed and lacked participation, such as the Water Committees, which are important entities in each community. New management instruments were also generated, leadership and the active participation of youth and women was promoted within the Binational Committee, and training and exchange of experiences were carried out for collective learning. Other contributions to governance came from producers who implemented EbA measures on their farms (and are now spokespersons for the benefits derived from such measures) and from municipalities (La Palma and San Ignacio) that integrated the EbA approach into their policies through the formulation of Local Adaptation Plans.

  • The prior existence (since 2012) of the Binational Committee is a key enabling factor, as it was not necessary to start from scratch, an existing structure could instead be strengthened through restructuring, after a diagnosis of its operations and key actors/leaderships.
  • In order for the Water Committees to contribute to a shared management model with a basin-wide vision in the Binational Committee, they must first improve their own organizational and management capacities, to then be better able to advocate for and represent their communities.
  • Having biophysical studies and specific technical information on water resources and EbA facilitated the processes of raising awareness, motivating participation, adopting agreements and implementing targeted actions, which in turn helped to avoid the dispersion of resources.
  • Increasing the effectiveness and sustainability of governance processes entails constant efforts over many years, which often exceed the duration of cooperation projects. Therefore, it is convenient to seek to, on the one hand, maximize synergies between projects and, on the other hand, maintain a presence and accompaniment in the territory through successive projects.
Achieving flexible governance for adaptation

Adaptation to climate change is immersed in a series of uncertainties regarding future climate impacts and development trajectories. Therefore, adaptation must proceed under a flexible “learning by doing" approach, integrating flexibility into legal and policy frameworks, and into sequential and iterative decisions that generate short-term strategies in view of the long-term uncertainties. In Goascorán, the lack of regulatory and policy frameworks for the management of shared basins limits the capacity to jointly respond to climate change - and therefore to be flexible and learn. This limitation was remedied by integrating adaptation into various management instruments at the micro-watershed, municipal and national level, and in transboundary agendas between local actors. The effectiveness of these (and other new) frameworks should be evaluated in interim periods, to allow for revisions and adjustments as knowledge about climate change increases; the same is true for EbA measures in the short term. The information that underpins these iterative processes must integrate Western science with local knowledge. In this way, it is possible to be flexible and identify new adaptation options and criteria for its evaluation.

  • A key aspect of governance for adaptation is the institutional and policy frameworks that back or facilitate it, and that confer it flexibility or not. In this sense, it was possible to take advantage of the window of opportunity offered by the updating of the Municipal Environmental Plans (El Salvador) and Municipal Development Plans (Honduras), the preparation of the National Adaptation Plan of Honduras, and the use of the legal figure of “Technical Tables” in El Salvador; all of which consecrate the value of governance for adaptation.
  • It is important to monitor and evaluate any improvements achieved through EbA, in order to use on-the-ground evidence to inform and substantiate changes to legal, policy and management frameworks, and in this way apply a flexible approach to adaptation governance.
Achieving participatory governance for adaptation

The participation of all basin stakeholders has been at the core of the conformation and training of new governance structures for the Lituy (Honduras) and Honduritas (El Salvador) microbasins. The integration of grassroots (community-based) organizations, such as water boards, producer associations, women's or youth groups, Community Development Associations and educational centers, has been important. Locally, the leadership shown by teachers, women and community authorities contributed significantly to social mobilization and the adoption and scaling-up of EbA measures, making these actors an essential part of the "learning by doing" processes of communities. The result is self-motivated communities that participate and take on responsibilities. At the basin level, the Goascorán River Basin Council on the Honduran side was expanded, while in El Salvador, the most appropriate figure to accommodate the broad membership required was the Environmental Technical Table, which is why two Tables (for the northern and southern areas of La Union) were created and strengthened. Many of the members have become advocates for the work of the Tables with the aim to have these structures recognized by local authorities and legalized in the medium term.

  • Local actors are interested in coordinating actions and improving basin management, which contributes to making governance mechanisms and platforms effective and sustainable.
  • MiAmbiente (Honduras) has the legal obligation to accompany the conformation of Micro-basin Committees across the country, and this must be preceded by a socio-ecological characterization that first allows each micro-basin to be delimited.
  • Having previous experience in carrying out participatory processes is an enabling factor for the successful conduction and conclusion of such processes (e.g. when prioritizing certain interventions).
  • To have strategic alliances with different organizations is key, especially with municipality commonwealths (ASIGOLFO and ASINORLU), in order to promote spaces for dialogue and agreements regarding the waters shared between Honduras and El Salvador.
  • The accompaniment of MARN (El Salvador) is necessary when addressing environmental issues and the adequate management of water resources, especially in a transboundary context. Once the negotiation with local actors had begun for the conformation of the Environmental Technical Tables, the support and participation of MARN’s Eastern Regional Office was important in order for these groups to be valued and regarded as governance platforms for the Honduritas River microbasin, in the absence of a formal institution for watershed management.
Achieving multidimensional governance for adaptation

The work in Goascorán targeted several levels of decision-making to reinforce the basin’s governance through the vertical and horizontal articulation of socio-political platforms; all of this in order to achieve a multidimensional (multilevel and multisectoral) governance model for adaptation. At the community level, EbA measures were implemented in the field to improve food and water security. With municipalities, adaptation to climate change was incorporated into Environmental and Municipal Development Plans. At the micro-basin level, two Micro-basin Committees (one on each side of the border) were created as multi-stakeholder governance platforms, receiving training, preparing internal regulations and plans, and enabling wide-ranging advocacy (e.g. civil society, municipalities and municipal commonwealths). At the basin level, in El Salvador, where several Technical Tables operate, two Environmental Technical Tables were established for the north and south of La Union in order to articulate the basin’s shared management, and linkages were sought with the Goascorán River Basin Council that operates on the Honduran side. At the national level, the recent National Adaptation Plan of Honduras comprises the EbA approach, as does the new Regulation of the Honduran Climate Change Law

  • Honduras has a legal framework (Water Law) that creates the entities of Basin Councils and Micro-basin Committees, unlike El Salvador. With this, the Micro-basin Committee established in El Salvador, although very functional, lacks legal backing, which prevents it from managing projects and administering funds.
  • Significant synergies were achieved with other projects in the Goascorán basin (e.g. BRIDGE and “Nuestra Cuenca Goascorán”), especially in coordinating actions to strengthen basin-wide governance and scaling up the EbA approach.
  • To strengthen governance at multiple levels, it is essential to initiate work with grassroots groups (community level) and with existing local governance platforms, such as, for example, Community Development Associations (El Salvador), to then scale-up to higher levels based on the experience acquired and the results achieved.
  • The project known as BRIDGE left the following lesson learnt, which is also relevant here: "Water diplomacy does not necessarily follow a straight path. Effective strategies need to incorporate multiple dimensions and a phased approach, interconnecting existing structures and those under construction in the basin."
Creation of the Environmental Investment Fund for the Galapagos Marine Reserve

The objective is to establish and capitalize a trust fund, which is anchored to the Sustainable Environmental Investment Fund (FIAS), in order to protect, preserve and conserve the Galapagos Marine Reserve (GMR), ensuring its financial sustainability.

The main long-term milestone to be achieved with this fund is to increase the 40 miles of the GMR. In addition, the fund will be used to develop and implement a plan for the prevention, conservation and preservation of the GMR. To achieve these milestones, three main programs were defined. However, two cross-cutting themes were identified as crucial to achieving good preservation and conservation of the GMR, namely Climate Change and Environmental Communication and Education.

The three programs are:

  • Maintain and strengthen the Monitoring and Surveillance program of the GMR to protect the marine heritage;
  • Guarantee the conservation of the GMR and its ecological integrity, through monitoring and research for the rational use of its environmental goods and services;
  • Contribute to the development and implementation of the Emergency Plan for the GMR.
  • The updating of the value of tourism operation patents;
  • In Ecuador there is a Sustainable Environmental Investment Fund (FIAS) that will allow us to create this GMR fund under its umbrella;
  • The existence of a Galapagos Invasive Species Fund, anchored to the FIAS, is an example of success for the creation of the marine reserve fund, providing confidence for investors.
  • The creation of this type of fund helps to mitigate the instability of financing by the State and external cooperation;
  • In negotiations with external cooperation to seek their willingness to invest in this fund, or help in the search for donors for it, it has been well received in this environment due to the factor of sustainability over time;
  • The State, through its Ministry of Finance, has positively received the GNPD's initiative to implement the fund;
  • One of the main barriers that had to be overcome was political instability. However, as explained in the previous building block, the technical nature of this project outweighed the political.
Reciprocal Conservation easements to assure long term conservation and financing of protected area

The Oasis de la Campana real estate project allocates a sector that is subdivided into properties of 0.5 hectares for real estate purposes and another sector of 1000 hectares to conservation of Mediterranean forest and its biodiversity. Through the legal framework of reciprocal environmental easements between the parcels of the real estate sector and the area destined for conservation and the delivery of these lands to a non-profit Foundation, the legal protection in perpetuity of the 1000 hectares is ensured.

On the other hand, this same legal framework ensures that the common expenses of the owners of the real estate subdivision finance not only the maintenance of their common areas but also the maintenance activities of the wilderness area to be conserved. This includes protection and restoration activities such as: construction and maintenance of perimeter fences to prevent the entry of livestock, personnel for horseback monitoring to control fencing deterioration, poaching and fire prevention; restoration activities with planting of native plant species and scientific studies with universities. And maintenance of trails, signage and infrastructure as viewpoints and a refuge.

The legal framework in the country that allows the implementation of reciprocal easements for environmental purposes.

The legislation of the countries of Latin America to be derived from the Roman Code usually include this legal framework. On the other hand alglosaxon laws also have similar systems or through the Royal Right of conservation. In this way it has a wide application in different countries.

Many times there are very old legal frameworks such as easements that for lack of imagination have not been applied and that can be very useful for the conservation of biodiversity and protected areas in perpetuity.

In this way, reciprocal environmental easements also ensure perpetuity protection and the financing of the maintenance costs of the wilderness area to be conserved, which is one of the most critical financing in a protected area. Many times protected areas are created or land is purchased for this purpose, but then there is not the necessary financing to ensure their protection permanently. This is a good example of how to do it and that has been operating for more than 20 years in Oasis de la Campana.

On the other hand, allocating the conserved lands to a non-profit Foundation ensures a correct administration.

The owners of the subdivision earn by protecting their lands and by preserving 1000 hectares, they ensure the protection of the landscape and have environmental services that contribute to the whole community.

Real Estate Project with environmental objectives

A real estate project is created that not only includes subdivisions for housing. It is intended that the location of the project is in an area that helps the conservation of biodiversity, for example, the presence of endemic species or conservation problems, or ecosystems that are hotspots. The most important sector for biodiversity is dedicated to conservation and this is incorporated as an ecological Reserve for the project without the existence of subdivisions for housing. On the other hand, the section that is destined to the subdivision for dwellings also establishes environmental restrictions of constructibility (eg no fences that avoid transit of fauna) and behavior (eg, not hunting). It also promotes the protection and restoration of fauna and flora in subdivisions for housing and in the sector destined to reserve.

This is how a real estate project is offered with a plus that helps conservation.

Mainly have a Real State company with interest in conservation and who see that you can also have an economic activity conserving. On the other hand buyers who have an interest in conservation or who see the dvantage of buying in a place where the conservation of biodiversity and landscape is assured in the long term.

Local community that values the conservation initiative and that the land is not used for other intensive productive purposes.

That it is possible to develop a real estate project that helps conservation and that is economically profitable. That there are people interested in buying in this type of projects with a natural environment and a conservation mission. Which is an instrument that can be used for conservation in land of high commercial value where it competes with other economic activities that do not preserve biodibversity. That is a type of project that also gives work to the local community.

But still it is needed a lot of education because many times just out of ignorance the Realtors feel that an important area for biodiversity within their property is more a problem than an opportunity. Also the people who buy sometimes do not understand the importance of the biodiversity that surrounds them since they come from more urban sectors. And also because they are inciativas with private origins cause distrust in that in fact you want to make conservation, so it is important to have available regulatory legal frameworks.

Respond to imminent territorial threats

Intervene to stop imminent industrial extraction threats, including existing and proposed oil and mining concessions, and territorial rights rollbacks, via both legal and policy arenas and an international markets campaign.

 

Given immediate threats from the current round of oil and mining leases, we will continue to scale up existing work to address urgent threats while developing this longer-term strategy.

- Support local, national and international strategies to halt the expansion of extractive industries and challenge the present model of development.

- Continue to support national and international legal proceedings (UN, OAS’ Inter-American Human Rights Court) to hold governments and the oil/mining industries accountable for violating territorial rights and environmental laws.

Our work in Ecuador has been instrumental in the ability of indigenous communities throughout the Amazon region to effectively defend their rights, as evidenced by historic legal cases, and illegal acts including:

  • The 2011 ruling against Chevron Texaco that awarded $9.5 billion in reparations for the cleanup of 18 billion gallons of oil contamination in the rainforest
  • A victory in the Inter-American Court of Human Rights that ruled that the State of Ecuador was responsible for violating the rights of the indigenous Kichwa people of Sarayaku by initiating oil development in their territory without first executing free, prior, and informed consultation with the community.
  • The Condor-Mirador Mine Case that affects 25,000 acres in biodiverse tropical forest of the Condor Highland that included indigenous territory
  • Failure of Ecuador’s government to obtain free, prior and informed consultation from indigenous communities prior to the XI Oil Round auctioning off ten million acres that encompass indigenous territory in the south-central region of the Amazon