Empowering the Stewards of Protected Areas

Workshop

Members of the Cook Islands Koutu Nui (traditional leaders) attended a 3 day capacity building session which began on 27 June 2005. Local experts, including WWF's Mona Matepi, gave talks on strengthening environmental legislation. In the sessions, leaders were encouraged to enforce the raui system through customary law.

"Giving legal recognition to the raui system will ensure that the MPA's (marine protected areas) declared under customary practices will have the protection of, firstly Customary Law and secondly, the law of the land," Mona said.

For better enforcement of poaching laws
Currently the raui (traditional practices) is fraught with problems of enforcement where poachers often come from other villages. With legislation, she says, "A customary Tribunal would preside over cases of breach of customary practices such as the raui and so anyone caught poaching would appear before the Tribunal where their case is tried and penalties imposed. Should a person decide not to abide by the ruling of the Tribunal, he can appeal to the House of Ariki/High Chiefs who will only review the case on customary law principles; or he can take it to the Criminal Court for judgement or be referred back to the Tribunal."

Lively discussions followed the presentations and Chiefs asked for time to consult with their communities on the idea of legislating customary law. There has been much resistance in the past by communities and their leaders to the legislating of practices like the raui, where formalised law may interfere with traditional practices. However, these sessions have indicated a shift in thinking. Through the empowerment of the Koutu Nui to be effective in their roles as stewards of protected areas, more legislation may be in place by year end.