| Criteria for evaluating participation instruments |
Definition |
FEDERAL LAW N° 9,985 2000 |
FEDERAL DECREE N° 4.340 2002 |
NORMATIVE INSTRUCTION N° 02 - ICMBio - 09/18/2007 |
NORMATIVE INSTRUCTION N°11 - ICMBio - 06/08/2010 |
NORMATIVE INSTRUCTION N° 09 - ICMBio - 12/05/2014 |
| Establishes the Brazilian System of Conservation Units and provides for other measures. |
Regulates articles of Law no. 9,985 of July 18, 2000. |
Regulates the guidelines, rules, and procedures for the establishment and operationalization of the Deliberative Council of RESEX and RDS. |
Regulates the guidelines, rules, and procedures for the establishment and operationalization of Consultative Councils in Federal PAs. |
Regulates the guidelines, rules, and procedures for the establishment, implementation, and amendment of the structure of Management Councils of Federal PAs. |
| Representativeness |
Participants must constitute a representative sample of the population affected by PAs. |
The council shall consist of representatives of public bodies, civil-society organizations, and the resident population. |
Details the representation of civil society (scientific community and environmental NGOs, resident population and population of surrounding areas, traditional population, property owners, workers, and private sector); recommends that representation must be equal, considering regional peculiarities. |
Representatives of entities legally constituted by traditional populations of the Unit; representatives of organizations and individuals from traditional populations of the legitimately chosen Unit. The majority of representatives of traditional populations must be ensured. |
Idem Decree no. 4340/2002. Considers parity such as the differentiated representation of several social groups and the need for promoting equitable and qualitative participation of the most vulnerable social groups. |
Reinforces the principle of legitimacy of representations and the equity of conditions for the participation of different sectors of the civil society and the Public Authority. The structure, ownership, substitute positions, parity, and representativeness shall be defined together with the involved sectors, considering the reality of each PA and observing the aspects of Decree no. 4340/2002. Guarantees voting rights to all councilors and majority representation of traditional populations in the case of Deliberative Councils. |
| Independence |
Councils must operate independently of the interests of the environmental body (ICMBio). |
_ |
_ |
Allows for councils to be demanded by traditional populations and ensures participation in all instances, with the exception of the Presidency of the Council, which must be from ICMBio. Prior to the final approval, the Bylaws must be forwarded to the specific board of ICMBio for acknowledgment purposes and, when necessary, recommendations for amendments shall be given, demonstrating dependence on the executive body. |
ICMBio would be in charge of the establishment process as well as of the coordination and presidency. NI enables the creation of thematic groups or chambers for analysis and referral of specificities of the PA. |
ICMBio would be in charge of the establishment process as well as of the coordination and presidency. NI enables the creation of Thematic Chambers and Working Groups (WG) for analysis and referral of specificities of the PAs. Prior to final approval, the Bylaw should also be forwarded to the ICMBio regional office for acknowledgment purposes and, when necessary, recommendations for amendments shall be given. This mechanism should also take place for the entire process of creation and evaluation of action plans of the Councils. |
| Early involvement |
Participants must be involved as soon as possible in the participatory process, before trials and disputes become prominent. |
_ |
Stipulates the formulation of the bylaw, within 90 days, counted from its foundation. |
Indicates the participation of populations since the planning and establishment of Councils, including socio-environmental diagnosis of PAs. |
Indicates the existence of a Working Group for the establishment process of the Consultative Council from the planning stage to its creation but does not emphasize the participation of local populations at this moment. |
Indicates the existence of a WG for the establishment process of the Council from the planning stage to its creation, with representatives of institutions directly involved with PAs and beneficiary populations, when there is any, including the characterization of the territory as one of the activities. |
| |
|
Legal Instruments |
| Criteria for evaluating participation instruments |
Definition |
FEDERAL LAW N° 9,985 2000 |
FEDERAL DECREE N° 4.340 2002 |
NORMATIVE INSTRUCTION N° 02 - ICMBio - 09/18/2007 |
NORMATIVE INSTRUCTION N° 11 - ICMBio - 06/08/2010 |
NORMATIVE INSTRUCTION N° 09 - ICMBio - 12/05/2014 |
| Transparency |
The instrument must ensure transparency, in such a way participant can be clearly aware of the planned and ongoing processes and how decisions are being made. |
_ |
The meeting of the Council of PAs must be public, with a preestablished agenda at the time of the call and held in a place of easy access. |
Guidelines for ensuring information and conditions for the debate and, when relevant, specific advisory services. Administrative proceedings must be opened regarding the progress of the Council in order to ensure its institutional memory. |
Guidelines to ensure transparency and social control in management. The Council must formalize its guidelines through recommendations and motions, which shall be included in the minutes of the corresponding meetings. |
Guidelines to ensure management transparency, adequate for the local reality and participation of different sectors of the society, including the promotion of continued training of the management team and the councilors. Ensures the public character of meetings held by the Councils and disseminates their decisions and statements, through resolutions that shall be included in the minutes. |
| Influence |
Results obtained from participation must have a genuine impact on management. |
_ |
Jurisdiction to propose guidelines and actions to reconcile, integrate, and optimize the relationship with the population surrounding or within the PAs; in addition to monitoring the formulation, implementation, and review of the Management Plan of PAs. |
Jurisdiction to demand and propose public policies that promote the quality of life of traditional populations of PAs; research and technologies aimed at socio-environmental sustainability, integrating technical-scientific knowledge and ethnoknowledge; monitoring the formulation and implementation of the Participatory Management Plan. |
Jurisdiction to demand and propose actions that promote the conservation of natural resources of PAs and socio-environmental sustainability, integrating technical-scientific knowledge and traditional knowledge; environmental education, monitoring, and management of PAs. |
Jurisdiction to monitor the formulation and implementation of the Management Agreement and Participatory Management Plan (for Deliberative Councils); demanding and proposing actions directed at conservation, research, environmental education, protection, control, monitoring, and management, in such a way to promote the conservation of natural resources of PAs, their buffer zones, or influence (for both Councils). |
| Structured Decision-making |
The participation instrument must provide appropriate mechanisms for structuring the decision-making process. |
_ |
The executing body is responsible for supporting the councilors’ participation in the meetings, whenever requested and duly justified. |
The Council must define decision-making mechanisms ensuring the effective participation of traditional populations in the management of PAs and formalizing their deliberations through resolutions signed by the President of the Deliberative Council and supported by minutes. NI provides for the guarantee of the right to vote for all councilors and attaches a bylaw structuring model. |
It is intended to proceed with the guidelines issued by the Council. It provides mechanism for formulating an Action Plan containing the schedule of activities and mechanisms for the annual evaluation of the Council’s activities. It does not detail the structure of decision-making, but only the need for formalizing the Council guidelines through recommendations and motions. |
Guidelines to ensure official response and effective referrals concerning the statements and deliberations of the Councils; for Deliberative Councils, it emphasizes the establishment of decision-making mechanisms that ensure the effective participation of traditional populations in the management of PAs. For the first time, it deems as jurisdiction to monitor and to propose actions for the formulation, implementation, monitoring, evaluation, and review of management instruments of PAs. All members of the Council, including the representative of ICMBio, must effectively participate in discussion processes with voting rights and other forms of statement. |
