Chapter V: Community-based Integrated Coastal Area Management in Kabupaten Minahasa

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3.2.2.9. Chapter IX: Marine Protected Areas

This Chapter is among the most detailed of the Perda, in large part because the origins of the Perda lay in this Chapter, and the experience of the District rests in this subject. Article 19 authorizes the establishment by villages of MPAs. Article 20 provides for the principles to determine MPAs: they must be integrated, community-based, and based on ecological con- siderations. Existing MPAs are grand-fathered. All MPAs should include restrictions against destructive activities within their boundaries. Article 21 discusses the socialization of MPA development, including outreach regarding the goals and ecological importance of the MPA, and the requirement for public participation. The criteria and process for establishing the MPA is discussed in Article 22, including site selection. The site must maintain good coral reef coverage. The elucidation to this Article states that coral cover should approximate 50 percent of the area of the MPA. The MPA must be in sited in a place that is easy to reach and be monitored by the community. It should also contain important habitats other than coral reefs, such as mangroves, estuaries, and seagrass beds. MPAs that cross village jurisdic- tions must be established jointly by the two villages. The MPA shall be established through village regulation.

3.2.2.10. Traditional Law and Community Rights

Articles 23-25 provide for recognition of traditional rights and laws that have been exercised by certain coastal communities regarding traditional uses of coastal resources, although certain caveats and conditions are imposed. Article 23 provides that the traditional uses, rights and laws be memorialized in writing to the District government and the BPP. Article 24 further provides that the rights will be recognized insofar as they do not destroy coastal resources, and are consistent with the principles of the Perda. Article 24 also provides that local communities have a right to know and agree to activities that are conducted, prior to issuance of any permit by the regional government. Article 25 provides the process for recognition of such rights: the practices must be documented and discussed with the District government and BPP; the government will seek public participation on the decision; the Bupati will issue a formal decision granting recognition.

3.2.2.11. Education and Outreach

Article 26 provides for a basic right for the community to be educated regarding goals and uses of coastal resource management. Articles 27 and 28 identify specific objectives such as raising capacity, raising awareness, and raising level of participation in decisions. Article 29 discusses specific programs that would provide education programs for teachers of pri- mary, secondary and vocational schools, government workers, informal and formal adult education programs for communities. It also provides for media outreach, through newspa- pers, radio, TV and other outlets.

3.2.2.12. Authorities and Responsibilities

Chapter XII Article 31-33 clarifies the authorities and responsibilities within regional coastal management. According to Article 31, the District is responsible for implementing the Perda, including development and implementation of District-wide plans and guidelines. It is also responsible for coordinating among the various institutions. The District is also to identify areas within the its coastal zone warranting special management considerations. It is also to coordinate issues arising between two kecamatan. Authority and responsibility of the kecamatan, pursuant to Article 32, is to coordinate coastal management among villages