Strengthening Conservation Through Participation: Procedural Environmental Rights of Local Communities in Transboundary Protected Areas

Procedural environmental rights can be applied across state borders by way of the non-discrimination principle. This ‘transboundary’ or ‘extraterritorial’ dimension is first explored in the framework of regional organisations, such as the European Union and the Southern African Development Community (SADC), that can facilitate the emergence of higher participatory standards and, based on those standards, foster legislative harmonisation among the member states. The regional framework influences the dynamics of interstate cooperation in all fields, including for the conservation of shared natural resources. In the context of cross-border conservation initiatives, like transboundary protected areas (TBPAs), the extraterritorial application of procedural environmental rights can strengthen public participation of local communities. These communities are entitled to procedural environmental rights as ‘public concerned’ towards all partner countries since the creation of a TBPA can impinge on their survival and livelihoods. Indeed, local communities have a primary role in the sustainable management of natural resources, and their participation is crucial for the longterm success of cross-border conservation. Transfrontier Conservation Areas (TFCAs) have been established to frame cross-border conservation efforts in the SADC region; therefore, the Kavango Zambezi Transfrontier Conservation Area is used to exemplify the extraterritorial dimension of procedural environmental rights of local communities in the context of TBPAs.