5.2.1 Natural/Spatial Factors

Urban land use and land cover patterns can alter as a result of natural environmental occurrence or disasters such as climate change, flooding, erosion, and wildfires.Footnote ⁸ Extreme weather conditions brought on by climate change, such as heavy and erratic rainfall, flooding, and droughts, influence landscape alterations. This is a major threat for biodiversity and ecosystem functioning.Footnote ⁹ Major land alteration processes in the MENA region include overgrazing, wildfires, landslides, water and wind erosion, salinization, a reduction in soil fertility and organic matter, and salinization that impacts more than 40 percent of the region’s land.Footnote ¹⁰ Only 2.9 percent of the land in the MENA countries is covered by forests and bushes, many of which have been destroyed by wildfires, used as fuel, overgrazed, turned into agriculture, or destroyed by urbanization.Footnote ¹¹

The various ecological components are greatly impacted by the local climatic conditions in the Arab region. The region’s predominantly dry ecosystems are fragile by nature, which have significant effects. According to NASA, the current dry period in the MENA region is the worst it’s been in 900 years.Footnote ¹² Since 1998, the region has seen practically constant drought. These regions are predicted to have the highest population exposure to accelerated desertification, according to the Intergovernmental Panel on Climate Change assessment.Footnote ¹³

Water scarcity and associated unsustainable practices constitute another factor responsible for increased land alterations and biodiversity loss. Prolonged water scarcity plays a prominent role in driving land alteration in the MENA countries.Footnote ¹⁴ The region grapples with chronic water shortages due to factors such as excessive groundwater extraction, inefficient irrigation methods, and shifting precipitation patterns influenced by climate change. These elements contribute to soil salinization and erosion, effectively transforming once fertile land into unproductive terrain.Footnote ¹⁵

Sea level rise also puts low-lying coastal regions in Kuwait, Qatar, Libya, Tunisia, and the United Arab Emirates at risk of flooding, as well as the northern coast of Egypt, such as in Alexandria, Egypt’s second-largest city after Cairo.Footnote ¹⁶ Yemen’s 2008 flood cost the nation US$1.6 billion (6 percent of Yemen’s gross domestic product),Footnote ¹⁷ and the Djibouti flood of 2004 harmed 100,000 people, claimed 230 lives, and caused extensive damage.Footnote ¹⁸ Additionally, according to vulnerability severity levels, the low-vulnerable category is predicted to experience floods much more frequently as a result of climate change, and due to inadequate citywide drainage systems, minimal structural protection, and informal urbanization of watershed areas, floods also frequently damage landcover in the MENA region.Footnote ¹⁹ The necessity for measures to maintain biodiversity and the unfavorable effects of climate change are consistent. Although the causes of these changes are undoubtedly complex, there is some indication that the worst effects could be mitigated if habitat degradation could be stopped, notably in semi-arid grasslands and the rainforests of equatorial regions.

According to the UN State Habitats of the World’s Cities 2008–2009, by 2070 coastal cities such as Alexandria (Egypt), Algiers (Algeria), Casablanca (Morocco), Djibouti (Djibouti), and Tunis (Tunisia) might be badly impacted by increasing sea levels. A few member nations of the medium and highly vulnerable classes, including Saudi Arabia, have acquired foreign arable lands in Africa and elsewhere after realizing the unreliability of water resources in order to produce food grains and satisfy their rapidly expanding population’s rising food demand, further altering the landscape.Footnote ²⁰

5.2.2 Socio-economic Factors

Population growth and rapid urbanization are intrinsic to economic diversification. As cities expand, they often encroach upon natural landscapes. The conversion of rural areas into urban centers, including the development of residential and commercial zones, can significantly alter land use and lead to increased infrastructure needs.Footnote ²¹ Approximately 60 percent of the one billion people who reside in the MENA region’s cities are urban dwellers.Footnote ²² A significant population increase is predicted until the 2060s to 2070s, after which there will be a decline until the year 2100. More than 90 percent of the people in the MENA region are anticipated to live in cities by the end of the century as urbanization is predicted to continue.Footnote ²³

Over the past century, the MENA area has the greatest pace of population growth worldwide.

The MENA region’s economically underdeveloped regions are where urbanization and population increases are occurring at the fastest rates. Fourteen out of twenty MENA countries’ urban environments are under extreme pressure due to the rapid rate of urbanization. Furthermore, according to UN estimates, 430 million people will live in the MENA region by 2020, with 280 million of them predicted to reside in urban areas. Similarly, in seven of the low- and middle-income countries, over 90 percent of the population will live in cities by 2030, resulting in the loss of significant land areas to urbanization and other types of land closing.Footnote ²⁴

Furthermore, MENA countries, traditionally reliant on oil and gas revenues, have recognized the need to reduce their dependence on a single income source. Mega-projects play a pivotal role in this diversification strategy by catalyzing investments across various sectors, including tourism, hospitality, real estate, and transportation. These projects create new economic opportunities, stimulate job growth, and enhance global competitiveness, which are essential for long-term sustainability.Footnote ²⁵ The MENA region has witnessed a significant surge in mega-projects and construction endeavors in recent years. These projects, ranging from massive infrastructure developments to sports stadiums for global events such as the FIFA World Cup, have been strategically employed by MENA countries to diversify their economies. However, this economic diversification through mega-projects often comes at the cost of extensive landscape alterations, which raise concerns about its impact on landscape and biodiversity.Footnote ²⁶ The boom in mega-projects has led to extensive landscape alterations across the MENA region. Vast tracts of land are repurposed to accommodate these projects, resulting in substantial changes to natural environments with profound environmental consequences.

Greater demand for an affluent consumer-oriented lifestyle, partly as a result of rising income levels in the region, is another factor. This frequently denotes luxurious residences near reliable, convenient transportation in masterplanned neighborhoods, which raises the demand for urban land and housing.Footnote ²⁷ Economic downturns and the unemployment rate are additional factors impacting urban growth that may cause a loss of people in an urban core or deteriorating suburbs, which would result in urban degradation.Footnote ²⁸ As a result, economic downturns can significantly influence how landscapes are altered, thereby impacting biodiversity.

In pursuit of agricultural diversification, some MENA countries have sought to expand their agricultural sectors. This expansion often involves converting natural landscapes, such as deserts or semi-arid regions, into arable land. Intensive irrigation and farming practices can lead to soil degradation and alterations in the natural topography.Footnote ²⁹ Resettlement is another issue that has resulted in the vast alterations in landscape, such as the relocation of populations to new locations due to the movement of people from rural areas to cities, as well as from other countries.Footnote ³⁰ This population increase has resulted in the conversion of grazing and woodland areas to agricultural land and thus it is claimed that economic growth and population render land use alterations almost inevitable. Urbanization in the MENA region has failed to deliver the expected benefits of economic, social, and environmental development. Instead, it has worsened the existing problems of resource scarcity, service provision, and inequality.Footnote ³¹

5.2.3 Environmental Factors

The most significant environmental factor in the MENA region flows from habitat clearing and modification, with a significant amount of it being done for extractives and urban and infrastructure development projects. Deforestation for the lumber industry, oil and mineral extraction, construction of mega-projects such as airports and sporting infrastructure, and the cultivation of cash crops are a few examples of activities that have contributed to the increased habitat destruction in the MENA region.Footnote ³² In several MENA countries, land degradation worsens biodiversity and ecosystems, lowers productivity, exacerbates water scarcity, and causes a decline in arable land (just 5 percent of the region’s total land area, except Israel and Turkey, is arable land). Presently, irrigation is required to make 40 percent of arable land fit for cultivation.Footnote ³³ While overgrazing in Jordan is thought to have diminished the supporting capacity, the landscapes making up approximately 80 percent of the nation’s total area are largely arid and semi-arid lands. Iraq is predicted to lose about 250 square kilometers of arable land annually due to continuous desertification processes. This tendency jeopardizes MENA regions’ landscape and biodiversity security, which further jeopardizes their socio-economic stability.Footnote ³⁴ The expansion of industrial activities often involves land clearing and the construction of factories, warehouses, and transportation infrastructure. These alterations fragment natural habitats and disrupt ecological corridors, making it difficult for wildlife to move freely. Fragmentation can lead to isolated populations, reducing genetic diversity and increasing the vulnerability of species to environmental changes and diseases.Footnote ³⁵

5.2.4 Cultural Factors

The practices, ways of life, and values that define a society make up the cultural components of the environment; socio-cultural variables include things such as language, norms and values, language use, and attitudes toward social duties.Footnote ³⁶ These factors have an impact on how the landscape changes or how certain societal groups influence it. People frequently make major land use decisions under the impact of cultural, economic, and political factors.

Additionally, a cultural shift has taken place in the region, from the less intensely employed cultural anthropogenesis of hunter-gatherers and early farmers to the intensive, larger-scale agrarian and industrial societies. The global extent of intensive anthropogenic activities have been steadily expanding for the majority of the last 12,000 years. Significant sustenance was provided to previous and present cultures through wild animal and plant hunting and gathering, whether in defined areas or opportunistically in regions used for other land uses.Footnote ³⁷ Land alterations and degradation in the MENA region stems from the culture of conventional tillage, monocropping, and increased pressure from human populations. The culture of conservation agriculture to protect biodiversity is poorly developed in the MENA region.Footnote ³⁸

The adoption of plows and draft animals to facilitate larger-scale crop cultivation and surplus output in support of larger and more unequal nonagricultural populations in cities by agrarian societies is also a contributing factor.Footnote ³⁹ On the one hand, cultural issues may also limit the growth of agriculture into protected areas such as forests.Footnote ⁴⁰ Final land use decisions are often made by users influenced by cultural, economic, and political considerations. Such cultural factors include the utilization of natural environments (such as forests) as retreats, where people in the community travel to worship. Natural habitat protection has resulted from the sacredness of natural habitats.Footnote ⁴¹

5.2.5 Technological Factors

Mechanization and other commercial technologies used in industrial land systems to manufacture products for big urban populations have a negative influence on biodiversity and land use. In the MENA region, preindustrial colonial plantations may have opened the way for industrial land systems by introducing land use regimes that were largely focused on fulfilling the needs of urban populations through increasingly globalized mechanical networks.Footnote ⁴² The expansion of industrial land systems often necessitates land conversion, especially in peri-urban areas. Greenfields, once natural landscapes, are converted into industrial zones, contributing to the loss of valuable ecosystems.Footnote ⁴³ This process results in reduced biodiversity and the disruption of local food chains and ecological services.

In some cases, mechanization and commercial technologies have driven agricultural intensification. This involves the conversion of natural landscapes into high-yield agricultural fields, often through practices such as monocropping. These agricultural systems are efficient for food production but can deplete soil nutrients, increase pesticide and herbicide use, and lead to the loss of natural vegetation, negatively impacting biodiversity. A growing amount of physical infrastructure, such as railroads, highways, apartment complexes, factories, is being constructed in the MENA region by urban populations that are also influencing landscapes.Footnote ⁴⁴ Demands for land use in support of recreation, and a variety of other land uses, have expanded as a result of urbanized lifeways, leading to an increase in what are known as multifunctional landscapes, or landscapes maintained for multiple functions.Footnote ⁴⁵ Mechanization has facilitated the production of goods and services, contributing to urbanization and the expansion of urban areas. Urban sprawl often encroaches upon nearby natural areas, leading to the conversion of green spaces into built environments. This process fragments ecosystems and exacerbates the loss of biodiversity in urbanized regions. The availability of new technologies and the ease with which they can be applied to the land significantly affect land use and biodiversity. Mountainous locations, for instance, are difficult to mechanize, which limits the kinds of land use changes that might occur there.Footnote ⁴⁶ The likelihood of some type of land use change depends on how quickly and easily land managers adopt new technologies. In a larger sense, the knowledge resources that land managers have access to or possess (e.g. traditional knowledge) have a significant impact on land use decisions.

5.2.6 Political/Institutional Factors

These aspects refer to a number of legislative, administrative, and operational initiatives on broad urban land use concerns and procedures that enable urban development objectives. This results in the formulation of the overall spatial framework of cities, including land use and land cover. Policies for urban and land use policies are a broad category of government initiatives that aim to affect how people use land and regulate who owns it.Footnote ⁴⁷

Numerous factors work against the effective implementation of biodiversity policies in the MENA region. However, the scarcity of accurate information about the state of biodiversity continues to be a major problem.Footnote ⁴⁸ There are different types of policy tools that influence resource utilization and land use. Legislation, executive rules and regulations, financial instruments, public projects and programs, environmental policy, and demography and health policy are only a few examples. The Convention on Biological Diversity (CBD) mandates that its member states provide regular reports on the state of biodiversity in their nations and carry out conservation measures and policies to preserve healthy populations of species under their control.Footnote ⁴⁹

The lack of multisectoral resource planning has been a major problem in the MENA region.Footnote ⁵⁰ Negative externalities may result from the interaction of one sector policy adversely influencing the outcome in another sector when sector planning is disjointed. Weak land tenure and ineffective resource management,Footnote ⁵¹ particularly in communally managed regions such as grasslands and dry forests, are major factors that contribute to landscape alteration. Through traditional agreements and procedures, such as the coordination of the harvesting of forest and rangeland goods and the enactment of laws to prohibit malpractice, these areas have historically benefited from robust governance. These institutions are frequently deteriorating because of newly emerging state capabilities that challenge traditional authority but fall short of offering a workable substitute.

Another important factor is the operation of real estate agencies, private businesses, and developers who contribute to the long-term growth of the city through land market, financing, investment, design, and construction of large-scale developments and infrastructure.Footnote ⁵² These initiatives have significantly changed the spatial organization of cities by promoting urban renewal, infrastructure development, and industrial growth. The secondary aspect of regulations is a further important factor such as centralized norms imposed through official plans and/or directly by governmental entities. Effective regulation aspects in the development of urban areas, for instance, include municipal ordinances that apply various types of land acquisition and property impact taxes, land use ordinances, and ordinances governing urban planning.Footnote ⁵³

Additionally, armed conflicts, political instability, and violent crises in the region have led to significant and widespread migration within these nations as well as within and outside of the region.Footnote ⁵⁴ The frequency of armed conflicts in the region remains one of the important triggers of the alteration of landscapes and habitats. Since the fall of the Ottoman Empire in 1922, the Middle East has been a flashpoint for practically constant political and military instability, especially in the region encompassing Israel, Palestine, and Yemen.Footnote ⁵⁵ Political crises exacerbate the loss of biodiversity and the modification of land cover.Footnote ⁵⁶ Conflict has various effects on how land cover is converted. First, the tragedy of the commons compels each disputing party to exploit available resources before the competing side does the same. Further, increasing settlements speed up the process of changing the land’s cover, which reduces ecosystem scale and causes biodiversity to decline.

It is apparent that the needs of the almost eight billion people living in today’s increasingly affluent and globalized society must now be met through land usage, with billions more predicted in the ensuing decades. The current decline in biodiversity as represented in the foregoing is the replacement of indigenous and traditional low-intensity land use practices – which have supported biodiversity for millennia – with biologically homogeneous and large-scale industrial landscapes. However, exploiting landscapes to concurrently meet numerous wants is not a panacea and will always include trade-offs and compromises between conflicting objectives, interests, and views, particularly between intensive agriculture and biodiversity. Without addressing these concerns, competing needs may result in undesirable consequences, such as the destruction of landscapes and the replication of structural inequality and social inequities in the design and management of landscapes. To steer these regions toward better land and biodiversity conservation, it will take everything they have learned over the previous 12,000 years, including their profound cultural links to the land, nature, and one another. Concerted efforts toward greater sustainability are now taking place throughout the region in protecting landscapes. Key legal barriers to change, as well as priority actions to address them, are explored in Section 5.3.

5.3.1 Lack of Comprehensive Unified Regional Policy Framework on Landscape Alterations

To address the issues of landscape alterations across the region, comprehensive regional policy on land use and management is required. Many of the MENA region’s current environmental regulations are deficient in terms of providing comprehensive regional safeguards for vital habitats that support diverse and rare flora and fauna. The Arab Strategy for Housing and Sustainable Urban Development 2030 aims to provide a framework for joint Arab action for sustainable urban development while also addressing landscape alteration caused by the rapid and unplanned urbanization in the Arab region.Footnote ⁵⁷ Despite the rise of regional efforts such as this strategy, which highlight the need for land management and collaborative strategies aimed at conserving biodiversity, ecologically sensitive places remain susceptible to landscape changes such as urbanization, agriculture, and infrastructure development, which result in habitat degradation and biodiversity loss.Footnote ⁵⁸ While the strategy recognizes the importance of sustainable land use, it may need to incorporate stronger guidelines to address the prevention of extensive landscape alteration, especially in ecologically sensitive areas. Furthermore, the strategy does not provide comprehensive guidance on how to integrate landscape values into urban planning and design processes. This deficiency affects the consideration of unique landscape qualities when planning development activities.

Recognizing the interplay between climate change, landscape alteration, and biodiversity loss, several MENA countries are integrating ecosystem restoration into their climate adaptation strategies. The United Arab Emirates’ Greening the Desert initiative focuses on restoring arid landscapes and protecting biodiversity through afforestation and habitat restoration.Footnote ⁵⁹ Some MENA countries are also developing or enhancing legal frameworks to regulate land use more sustainably. These strategies, which encompasses forest landscape restoration, sustainable land management, and ecosystem approaches with a focus on land use planning, are gaining implementation in areas spanning Morocco, Tunisia, and the mountainous terrains of Oman and Yemen. Morocco, for instance, has implemented land use planning and zoning regulations to control urban sprawl and promote sustainable land management, thereby reducing the impacts of landscape alteration.Footnote ⁶⁰ These endeavors are evident in the nationally determined contributions (NDC) reports, illustrating the region’s resolute commitment to combat the challenges to landscape and biodiversity preservation. In 75 percent of these countries, NDCs emphasize the significance of agriculture, while 56 percent incorporate afforestation. Furthermore, 69 percent of the reports outline clear targets and actions for mitigation, with 25 percent focusing on the crucial domain of land management. An additional 13 percent prioritize the management of grazing lands.Footnote ⁶¹ In the same vein, Qatar has a structured goal for biodiversity conversation to protect and sustainably manage the region’s unique ecosystems and encourage regional cooperation on biodiversity conservation.

Nonetheless, while these initiatives are commendable, challenges persist. Individual countries struggle to address this global challenge effectively without a united regional legal framework. The MENA region’s diverse political, economic, and environmental contexts can sometimes hinder the alignment of common goals among nations. This lack of regional collaboration impedes efforts to create and implement collective strategies for adapting to changing conditions and maintaining ecosystems sensitive to climate impacts and threats to biodiversity. The extensive reorganization required to accomplish integrated environmental management in the MENA countries would necessitate institutional and regulatory reforms, long-term investment, effective governance, regional cooperation for coordinated efforts, and the participation of all stakeholders.Footnote ⁶²

5.3.2 Weak Enforcement Mechanisms

All MENA countries have legislation that identifies the need for mandatory environmental impact assessments prior to the commencement of a project, as a tool to spot and prevent landscape alteration and habitat destruction.Footnote ⁶³ Other examples of legal frameworks and sanctions for environmental crimes include Egypt’s Environment Law No. 4 of 1994, which governs the preservation and protection of natural resources, biodiversity, and landscapes and imposes fines and jail time for degradation or destruction.Footnote ⁶⁴ The goal of Jordan’s Environmental Protection Law No. 6 of 2017 is to protect the environment and all of its elements, such as ecosystems and biodiversity.Footnote ⁶⁵ Principles and procedures for environmental management and protection, including biodiversity conservation, are established under Morocco’s Law on Environmental Assessment No. 49-17 of 2020.Footnote ⁶⁶ The Saudi Arabia Royal Decree No. M/165 of 2020 set forth sanctions for various environmental infractions,Footnote ⁶⁷ and Saudi Arabia’s Basic Law of Governance No. A/90 of 1992 underlines the state’s obligation to protect the environment and its natural resources.Footnote ⁶⁸

However, even when environmental regulations are in place, their application and impact are hampered by ineffective enforcement measures.Footnote ⁶⁹ The majority of the momentum has been around defining goals and targets without necessarily connecting them to the rules and laws required to achieve them. Implementation is similarly vital and, if not proactively enforced, can allow ecologically degrading actions to continue without major consequences or adequate fines, allowing individuals and companies to engage in them with little fear of consequences. This may result in widespread noncompliance, which would worsen landscape changes and biodiversity loss. Although many of them have sound legislation in place to safeguard biodiversity, policy enforcement in the MENA region appears lax given that ongoing land use changes are jeopardizing the existence of many plant and animal species that depend on these habitats.Footnote ⁷⁰ Addressing issues with regional landscape changes requires strengthening enforcement mechanisms for environmental law and policy in the MENA area. In addition, the severity of the punishments for environmental legislation violations may not be commensurate with them in some of the MENA countries.Footnote ⁷¹ The legal and administrative punishments in the Forest Law and the Land Hunting Law, for example, are too light and insufficient. Weak deterrents might encourage illicit activities such as poaching, illegal logging, and habitat destruction, resulting in greater landscape changes and biodiversity loss.Footnote ⁷²

5.3.3 Fragmented Policy Framework at All Levels

The MENA region is made up of several countries, each with its own legal system and regulations. This fragmented approach leads to variations in environmental rules, making it difficult to coordinate regional efforts and solve cross-border challenges such as transboundary wildlife protection or shared ecosystem management.Footnote ⁷³ The MENA area is distinguished by numerous legal systems that make it difficult to coordinate efforts to address landscape changes and biodiversity loss. Inconsistent policies and regulations leave gaps in the system that can be exploited by individuals looking to benefit from environmentally destructive activities. Furthermore, transboundary conservation initiatives are hampered by a lack of established norms and international cooperation.Footnote ⁷⁴ Addressing fragmentation at the domestic level is essential for effectively tackling the challenges related to landscape alteration and biodiversity conservation in MENA countries. This practical issue arises when different entities with similar mandates undertake parallel initiatives without effective coordination.Footnote ⁷⁵ Resources and expertise may be spread thinly across these duplicated efforts, reducing their overall impact on preserving landscapes and biodiversity. Fragmentation at the domestic level often translates into limited coordination among relevant stakeholders, hampering the development and implementation of holistic conservation strategies. Furthermore, the presence of multiple institutions and agencies responsible for conservation efforts within a single country can result in role duplication, confusion, inefficiency, and even corruption in land management services.Footnote ⁷⁶ This existence of competing and conflicting priorities raises intricate questions regarding the feasibility of developing and executing integrated solutions across various sectors.Footnote ⁷⁷

5.3.4 Inadequate Policies on Integration of Traditional Knowledge

Local communities with strong conservation strategies and abilities are essential to the protection of biodiversity. The preservation of biodiversity and the management of sustainable landscapes can both benefit greatly from the use of local communities’ traditional knowledge and practices.Footnote ⁷⁸ The marginalization of indigenous and local populations in conservation efforts may result from the inadequacy of current laws to integrate or recognize the importance of such knowledge. So, maximizing conservation efforts could be significantly enhanced by understanding local customs and traditions. But the spread of globalization poses a serious danger to indigenous and local knowledge of managing natural resources. For instance, one of the goals of the Intergovernmental Platform on Biodiversity and Ecosystem Services is to guarantee that the finest indigenous and local knowledge is included into national or international frameworks for biodiversity conservation.Footnote ⁷⁹ Strengthening landscape preservation in the MENA region depends on filling these legal gaps. To support efficient landscape management and biodiversity conservation, policymakers should prioritize updating and harmonizing environmental laws, improving enforcement mechanisms, encouraging public participation, and incorporating traditional knowledge. Regional cooperation and collaboration can also aid in addressing international issues and advancing a common strategy for environmental conservation in the MENA area.

5.3.5 Absence of Explicit Policy Mechanisms to Promote Educational Awareness

Public education and awareness of land management and environmental protection is essential in order to promote conservation practices at local levels.Footnote ⁸⁰ Despite the urgent environmental issues of landscape change and biodiversity destruction in the MENA area, there remains a substantial gap in promoting enhanced awareness.Footnote ⁸¹ This crucial gap is caused by the lack of explicit provisions and robust mechanisms to raise public knowledge about the negative threats that contribute to these concerns. It is critical to raise knowledge about the factors that have contributed to the problem of landscape change and biodiversity loss. The importance of incorporating environmental education into school curricula at all levels is more often overlooked by regulatory frameworks in the MENA area. These variables may contribute to a low degree of environmental awareness, interest, involvement, and support. The necessity for enhanced public knowledge and participation has received substantial attention. It has been discussed among local scientists in the region and has been cited in national papers on biological diversity law and policy in the region. As a result, it is critical to adopt clear measures and robust policies to raise public awareness of landscape alteration and biodiversity erosion in the MENA area as part of a comprehensive approach to addressing the region’s environmental concerns.

Section 5.4 discusses innovative approaches to addressing gaps in integrated land alteration prevention and management in the MENA region.

5.4.1 Comprehensive Regional Policy Framework

Establishing a comprehensive regional policy framework for landscape change and policy integration can enhance regional knowledge sharing and coordination on landscape and biodiversity conservation in the MENA region. The creation of frameworks by national and regional governments to support integrated planning across functional territories are critical in this regard. Better integration and coordination of policies are essential if a wider range of policy tools are to be used to drive landscape management, as is suggested in this study. The region may not be able to successfully influence landscape management through the coordination of a larger range of policies without more effective coordination tactics. This might include frequent regional gatherings where industry experts and policy officials debate common concerns and potential solutions. This framework should combine sustainable land management approaches while taking into account the political, social, and economic concerns outlined and described earlier in this chapter.

5.4.2 Establish Strategic Action Plans for Environmental Education and Communication

In this context, the development of national strategies and action plans for environmental education and communication plays an important role as a catalyst for raising awareness about landscape transformation and biodiversity preservation. Governments can actively stimulate the adoption of dynamic educational techniques that resonate with contemporary culture by integrating innovative policy measures. This implies incentivizing the development of interactive learning systems in order to keep educational outreach engaging and impactful. Policy instruments can incentivize collaborative partnerships among governmental agencies, nongovernmental organizations, and private firms, creating a broader and more effective reach. Furthermore, incorporating environmental modules into the formal educational curriculum through legislative requirements can ensure a long-term and systemic approach to cultivating ecological consciousness. Countries across the MENA region may leverage the potential of education to achieve revolutionary change in order to protect landscapes and biodiversity for future generations by carefully incorporating innovative policy measures into national policies.

Furthermore, the use of citizen science should be encouraged as a mechanism to bridge in the gaps in biodiversity knowledge, such as landscape preservation, distribution, and biodiversity conservation. Planning conservation initiatives requires comprehensive and reliable biodiversity data. Citizen science involves engaging the public, including local communities and volunteers, in scientific research and data collection efforts. By involving citizens in data collection, observation, and reporting, this approach can help bridge knowledge gaps and generate valuable information.

5.4.3 Strengthening Enforcement Mechanisms

The goals set forth in each policy can only be achieved when it is effectively and coherently implemented. Despite this, inefficient policy and strategy execution remains a major obstacle. More policies and strategies need to be developed or existing ones need to be modified. This is crucial for ensuring that laws governing landscape modification and biodiversity preservation are followed effectively. One strategy entails the creation of severe fines and penalties for noncompliance, which serve as a deterrent against actions that endanger the environment. Businesses and individuals should adopt more responsible practices by putting in place a tiered system of punishments that are proportionate to how serious the offense was. The ability of regulatory bodies to monitor and respond to violations can also be improved by giving them more power and resources through policy reforms. Legal frameworks could encourage collaborative agreements between MENA countries, allowing for information sharing and cross-border enforcement actions. Furthermore, through regulatory mandates, emerging technology such as satellite photography and remote sensing can be integrated into enforcement methods, boosting monitoring capacities. Finally, including protections for informants in legal frameworks might encourage people to expose infractions without fear of retaliation, resulting in a more alert enforcement environment. By combining these policy and legal instruments, the MENA region can create a strong enforcement ecosystem that protects landscapes and biodiversity for the benefit of society and the environment as a whole.

5.4.4 Regional Governance and Cooperation in the MENA for Landscape and Biodiversity

To address the problems faced by the varied legal systems and policies across the MENA area, a coordinated effort is required to build an integrated and coherent policy framework for landscape and biodiversity preservation. The existing fragmented approach results in discrepancies in environmental regulations, preventing regional activities from being coordinated and cross-border concerns from being effectively resolved. The establishment of a dedicated MENA Environmental Cooperation Council, backed by strong policies, would be a critical solution. Through this they can facilitate policy alignment and establish common standards that bridge the gaps between different countries’ legal frameworks. By mandating information exchange, regulations can encourage a culture of collaboration, allowing nations to share successful techniques and collaboratively handle shared difficulties. Furthermore, the implementation of cooperative research endeavors and capacity-building projects, supported by policy commitments, would enable nations to compete on a level playing field, regardless of their development status. The incorporation of regular regional conferences, guided by policies, would showcase progress and innovations, thus fostering mutual inspiration and competition. In this way, strategic policy integration can yield a unified approach to landscape and biodiversity preservation, transcending legal disparities and promoting a harmonious environmental agenda throughout the MENA region.

5.4.5 Incorporation of Traditional Knowledge into Decision-Making Processes

Enacting legislation that recognizes the value of traditional knowledge and its contribution to sustainable practices can be a starting point. Legal frameworks should require the assimilation of traditional knowledge into decision-making processes, ensuring its inclusion alongside scientific findings. To protect indigenous communities’ intellectual property rights, legislative procedures can be put in place to ensure that traditional knowledge is used with informed permission and equitable benefit-sharing. Creating channels for intergenerational knowledge transmission, such as through legal requirements for mentorship programs or cultural heritage projects, can aid in the preservation and perpetuation of traditional learning. Furthermore, legislations that fosters collaboration between governmental agencies and indigenous groups in the construction of landscape and biodiversity management plans could necessitate the incorporation of traditional knowledge. Legal frameworks can help to encourage collaborative research projects, co-management agreements, and participatory consultations, thereby confirming the importance of traditional knowledge in directing conservation efforts. It is also critical to put in place legal measures to avoid the misuse of traditional knowledge, such as through biopiracy. This could include legislative provisions requiring fair and equitable benefit-sharing when commercial interests arise from the use of indigenous knowledge.

5.4.6 Improve Education, Awareness, and Cooperation on Biodiversity and Landscape Conservation

In addition to the aforementioned recommendations addressing the identified legal and institutional barriers, there is a need to improve education and awareness on biodiversity and landscape conservation. First, there is a need to leverage citizen science as a mechanism to bridge in the gaps in biodiversity knowledge, such as landscape preservation, distribution, and biodiversity conservation. Planning conservation initiatives require comprehensive and reliable biodiversity data. Additionally, these programs encourage participants to engage in active environmental responsibility and stewardship.

Second, intensifying collaboration among environmental historians, geographers, land and conservation scientists could make significant strides toward improving societal understanding of past land use patterns and their ecological effects. Neglecting these considerations can lead to erroneous and unfair outcomes when using landscapes to balance out conflicting demands, particularly between intensive agriculture and nature preservation.

Third, to accelerate training and capacity development, increased resource allocation for funding landscape and biodiversity initiatives is essential. MENA countries should increase and dedicate public funds to supporting and enforcing national biodiversity conservation laws and policies, as well as other landscape and biodiversity conservation measures. Furthermore, regional and international cooperation on capacity development and education is required to improve the conservation of species and ecosystems that cross international borders.

5.4.7 Enhancing Landscape Monitoring for Sustainable Landscape and Biodiversity Management

To ensure sustainable landscape use and biodiversity preservation in the MENA region, enhancing landscape monitoring is crucial. There is a need to utilize standardized performance indicators, collaboratively refined, to accurately reflect conservation objectives. An integrated monitoring framework should be established across relevant institutions, harmonizing methods and sharing findings for a unified approach. Leveraging modern technologies is also imperative for real-time monitoring, such as remote sensing through satellite imagery and drones, enabling proactive responses to threats. Capacity building is vital via training programs that empower personnel to interpret data effectively, and involving local communities in data collection fosters engagement and broadens monitoring efforts. Furthermore, implementing an adaptive management system informed by monitoring data, allowing the swift adaptation to emerging challenges in land use alterations, is essential. As an example, the impact of infrastructure construction must be strictly monitored. We may anticipate an expansion of infrastructure in the region; however, before beginning such infrastructure initiatives, it is vital to evaluate the impact of infrastructure on biodiversity. For many species, for instance, restricted border areas are frequently their last remaining habitats. Therefore, to ensure that there is enough area left to support such biodiversity, road construction and other infrastructure development should be curtailed in these areas. There must also be transparency in data collection and reporting which ensures accountability and supports informed decision-making for sustainable landscape use. By implementing this interconnected strategy, the MENA region can establish a robust monitoring system that empowers decision-makers, conservators, and communities to actively preserve landscapes and biodiversity.

6.3.1 Legal Challenges Associated with the Human Rights-Based Approach: Lessons from Morocco

The intricate legal and institutional barriers to implementing a rights-based approach to conservation in the MENA region are exemplified by Morocco’s experiences. Morocco’s legal amendments, including constitutional changes recognizing indigenous rights, have played a pivotal role in overcoming barriers to conservation. For instance, though not without criticisms, the recognition of Amazigh communities’ customary land tenure rights empowers them to contribute to conservation efforts while preserving their cultural heritage.Footnote ³⁴ This recognition underscores the potential for integrating indigenous perspectives into broader conservation strategies.Footnote ³⁵

Institutionally, establishing oversight bodies responsible for monitoring and evaluating the social and environmental impacts of NBS can mitigate the risk of green grabbing.Footnote ³⁶ Collaborative governance structures that include representatives from local communities, civil society, and governmental bodies can facilitate transparent decision-making processes. By fostering inclusive engagement, respecting land rights, and embedding legal safeguards within institutional mechanisms, the potential for green grabbing can be significantly reduced, enabling NBS to achieve their intended conservation objectives while safeguarding the rights and well-being of those directly affected by these initiatives.Footnote ³⁷

Morocco’s journey toward recognizing and safeguarding indigenous and local community rights offers invaluable insights. The nation’s efforts in implementing sustainable environmental practices and conservation initiatives have yielded significant accomplishments. In 2016, Morocco was among the early signatories of the Paris Agreement, showcasing its commitment to addressing climate change.Footnote ³⁸ Morocco has formulated its NDC with ambitious objectives aimed at substantial carbon emissions reduction.Footnote ³⁹ This is despite the fact that the country is responsible for only a small share of the global problem of climate change, at 0.18 percent of global greenhouse gas emissions.Footnote ⁴⁰ Notably, Morocco is one of only two global economies (along with Gambia) whose target is within the 1.5°C threshold.Footnote ⁴¹ In practical terms, this signifies that the kingdom is committed to achieving a net-zero-emission economy by around 2050.Footnote ⁴²

Morocco’s legal framework for environmental rights is primarily composed of the Constitution, international agreements, and national laws and regulations.Footnote ⁴³ The Constitution of Morocco, amended in 2011, recognizes the right to a healthy environment as a fundamental human right, setting the foundation for environmental protection and sustainable development.Footnote ⁴⁴ Additionally, Morocco has ratified several international conventions, such as the Paris Agreement and the Convention on Biological Diversity, contributing to the legal framework supporting environmental rights within the country. Morocco’s Green Generation Strategy 2020–2030 places human rights and the welfare of farmers at the heart of agricultural development and biodiversity management.Footnote ⁴⁵ Furthermore, in Morocco, a range of environmental institutions diligently oversees and enacts policies, regulations, and conservation measures. These include the Ministry of Energy, Mines, and Environment, which spearheads the development and execution of initiatives concerning environmental protection, sustainable development, and energy management.Footnote ⁴⁶ The High Commissioner for Water, Forests, and Combating Desertification is instrumental in managing forests and water resources and combating desertification while preserving biodiversity. The National Office for Electricity and Drinking Water plays a pivotal role in the supply of clean drinking water and electricity, emphasizing environmentally conscious energy production. Furthermore, the Agency for the Development of Renewable Energy and Energy Efficiency focuses on advancing renewable energy and enhancing energy efficiency. Alongside these key bodies, the Regional Environmental Directorates operate at the local level, implementing environmental regulations and policies. Together, these entities have a mandate to collaboratively advance biodiversity conservation, water resource management, climate change mitigation, sustainable energy initiatives, and the overall goal of promoting environmental sustainability throughout Morocco.

During the years 2001–2018, Morocco’s environmental development has shown significant improvement, especially in the infrastructure aspect. Morocco invested 64.2 billion Moroccan dirhams between 1995 and 2017 to improve access to water in rural areas (97 percent) and urban areas (100 percent) and sanitation throughout the country.Footnote ⁴⁷ Morocco spent US$33.8 million for the period of 2014–2015 to widen and extend electricity access in the country. This could explain the increase in the proportion of the rural population with access to electricity from 97.8 percent in 2016 to 99.78 percent in 2020.Footnote ⁴⁸ The country’s commitment to renewable energy can be demonstrated through the projects that have been set up, such as the solar station Nour with a total investment of US$9 billion, which will help provide 52 percent of the kingdom’s energy needs by 2030. Moreover, Morocco has implemented a set of programs to integrate sustainability into port management through the adoption of International Convention for the Prevention of Pollution from Ships with an investment of 200 million Moroccan dirhams. Morocco has strengthened its legal framework to protect fishery resources in an effective manner and has banned the use of gillnets. To preserve the national environment from desertification and wildfires, the national strategy Morocco Forests 2020–2030 is targeting the protection of the national forests. However, Morocco is still struggling with the extinction of some endangered species of wild fauna and flora. Hence, the government has strengthened its legal arsenal (Law No. 29-05) and adopted the international convention concerning the trade of endangered species. Moreover, within the framework of international cooperation, financing mobilized amounts of nearly US$200 billion between 1980 and 2020.Footnote ⁴⁹

Despite the progress, however, a lack of clear and explicit mention of land and indigenous rights in environmental legislation remains a key challenge to a rights-based approach.Footnote ⁵⁰ Legal frameworks need to evolve to explicitly acknowledge the rights of these communities to their ancestral lands and resources. The constitutional amendments in Morocco, which recognized indigenous rights, exemplify the significance of such legal reforms. Institutionally, empowering local communities through participatory approaches is essential. Morocco’s progress in engaging with indigenous Amazigh communities serves as a model for meaningful community participation in conservation decision-making. Additionally, the shift toward decentralized governance in Morocco’s regionalization initiatives signifies the potential for enhancing local autonomy and ensuring that conservation strategies align with community priorities. By adapting and applying these lessons, the MENA region can foster a rights-based conservation paradigm that not only protects its rich biodiversity but also upholds the rights and well-being of indigenous and local communities, paving the way for sustainable and equitable conservation outcomes.

The pursuit of an HRBA to NBS in Morocco encounters several significant legal challenges. While NBS initiatives are inherently rooted in the environmental purposes to achieve sustainability and addressing climate change, they must be implemented in a way that respects and upholds human rights, such as the right to a healthy environment, access to clean water, and protection of indigenous people’s land rights. First, the lack of clear recognition of land and resource rights for indigenous communities and local populations poses a substantial challenge.Footnote ⁵¹ Without explicit legal protection, conflicts and disputes over land use and resource access could undermine NBS efforts. Additionally, the absence of human rights language within Morocco’s environmental and biodiversity legislation complicates the alignment of NBS projects with international human rights standards.Footnote ⁵² Morocco’s constitutional amendments have played a pivotal role in advancing biodiversity conservation by recognizing and prioritizing the rights of indigenous communities and local populations. The 2011 constitutional reforms marked a watershed moment in this regard, as they acknowledged the cultural and historical ties of indigenous Amazigh communities to their ancestral lands and resources.Footnote ⁵³

Morocco’s constitutional amendments have played a pivotal role in advancing biodiversity conservation by recognizing and prioritizing the rights of indigenous communities and local populations. This discrepancy can lead to ambiguity in addressing human rights violations. The need for institutional coordination between entities that are responsible for human rights and environmental protection highlights the complexity of harmonizing conservation objectives within the rights of local communities. The 2011 constitutional reforms marked a watershed moment in this regard, as they acknowledged the cultural and historical ties of indigenous Amazigh communities to their ancestral lands and resources. For instance, the inclusion of Article 5 in the Moroccan Constitution explicitly recognized Amazigh as an official language and celebrated the diverse cultural heritage of the nation.Footnote ⁵⁴ The recognition of Amazigh communities’ traditional land tenure rights has empowered them to contribute to conservation efforts in the Souss-Massa National Park.Footnote ⁵⁵ This recognition ensures the inclusion of indigenous perspectives in conservation planning and demonstrates the significance of legal reforms in promoting equitable conservation.

These amendments underscored the importance of environmental protection and sustainable development, enshrining the state’s responsibility to safeguard natural resources and preserve ecological balance for future generations. The recognition of indigenous rights and the commitment to environmental preservation within the constitutional framework have provided a solid foundation for biodiversity conservation efforts in Morocco, demonstrating the potential of legal reforms to align conservation objectives with respect for local cultures and traditions.Footnote ⁵⁶ In analyzing the narratives of Amazigh cultural groups and movements, it is crucial to differentiate between the movements’ agendas and demands to the state on one hand and the needs and concerns of the overall Amazigh population, and specifically women, on the other. Different strategies and priorities seem at play in the Amazigh movement’s demands for group rights.Footnote ⁵⁷

Furthermore, the absence of constitutional recognition pertaining to ancestral lands, group or indigenous rights, and the acknowledgment of diverse ethnicities is a significant lacuna in the legal framework.Footnote ⁵⁸ This deficiency not only overlooks the historical and cultural significance of these elements but also fails to provide the necessary safeguards for the rights and identities of indigenous communities. This omission can lead to a range of socio-political challenges, including land disputes, cultural erosion, and the marginalization of minority groups. Therefore, it is imperative that the legal system evolves to encompass these vital aspects, ensuring a more inclusive and equitable society. This approach was confirmed by the 2014 census, which contained no ethnicity-based questions but merely questions on mother tongue and daily spoken languages. In addition to this, it is unconstitutional to form linguistic- and ethnic-based political parties or to bring harm to the permanent characteristics of the kingdom.Footnote ⁵⁹

Closely related to lack of clear recognition of HRBA in environmental legislation are institutional gaps that limit the coordination between environment, biodiversity, and human rights institutions.Footnote ⁶⁰ Human rights are fundamentally linked to environmental conservation, yet the absence of cohesive collaboration between relevant institutions complicates the effective integration of these crucial aspects into policies and practices. Insufficient coordination often leads to disjointed efforts, resulting in a fragmented approach toward ensuring both environmental protection and the preservation of human rights. Yet in Morocco, as is the case in many MENA countries, environmental and human rights programs are within the purview of different institutions and agencies with diverse programs and objectives.Footnote ⁶¹ Lack of clear integration of their respective programs and mandate, and the limited sharing of information and best practices, constrain the integration required to mainstream and adopt the HRBA in the design and implementation of NBS programs.

As NBS takes root across the region as a tool for halting biodiversity loss, there is a need for clear and comprehensive rights-based instruments that integrates land rights and the protection of indigenous communities in NBS programs. Section 6.4 discusses a step-by-step approach for implementing an HRBA to NBS.

7.2.1 Gender-Based Differences in the Value of Biodiversity and Nature Conservation Knowledge

Many societies operate under a system of privilege, which controls its members’ access to the sources of power.Footnote ¹⁴ These sources of power include education and information, economic participation, the ownership of resources, and position on the social hierarchy. Inequalities in access to the sources of power usually lead to limited access to power as well. Therefore, inadequate access to education and economic opportunities in many countries and societies often translates to limited access to resources, which in turn leads to a lower social status.Footnote ¹⁵ In the MENA region, this relationship between education, economic participation, resources, and power often leads to a cycle of disempowerment for women, who reach lower levels of education compared to their male counterparts.Footnote ¹⁶ Since 2013, there has been sustained progress across the region in terms of significant investments in the education of women, which has closed the gender parity gap in education and healthcare, with Tunisia, Morocco, Qatar, Saudi Arabia, Oman, and Algeria leading in gender parity in education in the MENA region.Footnote ¹⁷ However, progress made in narrowing the gender gap is yet to fully address barriers to active participation in formal and political decision-making structures, especially as it relates to the environment. For example, in 2023, women made up just 10 percent of environmental ministers in the MENA region.Footnote ¹⁸ Further, women’s increased educational attainment has not addressed their disempowerment since their economic participation has remained the same.Footnote ¹⁹ With their limited economic participation, women are unable to accumulate the resources that their male counterparts combine with education and knowledge to use as leverage for leadership, decision-making, and participation in nature and biodiversity conservation programs.Footnote ²⁰

Discernibly, the reliance on education, economic participation, and resource ownership as sources of power may disproportionately shut out women from leading and contributing to the biodiversity conservation programs devised by nature and conservation treaties. This is despite women’s knowledge of the environment and nature conservation being invaluable and their concern for the environment being a great source of insight into sustainability.Footnote ²¹ Women have access to first-hand information and knowledge regarding the effects of climate change on biodiversity and could be the key to the development of effective interventions. The socially ascribed roles of women in the MENA region include cooking, cleaning, household maintenance, shopping, and taking care of children.Footnote ²² Taking on these roles in their households exposes women to the effects of climate change daily. For instance, they are aware of changes in water quality, which is a key pillar of biodiversity as it is crucial for the survival of plant and animal species.Footnote ²³ Similarly, women in the region observe changes in vegetation while women along the coastal areas in the region learn of changes in marine diversity since they shop and cook for their families. Despite having all this information on biodiversity, which would make their contributions to nature and biodiversity conservation programs invaluable, little value is placed on their knowledge, leading to their exclusion as both sources of information and recipients of knowledge and training on environmental awareness.Footnote ²⁴

7.2.2 Gender-Based Differences in Roles Relevant to Biodiversity and Nature Conservation

Women are perfectly placed to play an integral role in relation to biodiversity and nature conservation in two ways. First, in many countries, women are the key decision-makers in their households’ food consumption. Consequently, they can play the primary role of driving green consumption to protect biodiversity.Footnote ²⁵ For instance, the MENA region has recorded a gradual shift from its traditional diet, which mainly comprised grains, vegetables, and fruits, to a less diverse and more Westernized diet consisting of animal proteins, refined fats and sugars, and processed foods.Footnote ²⁶ Besides contributing to a prevalence of diet-related noncommunicable diseases in the region, the change in diet has contributed to the loss of biodiversity. Women can drive a transition back to the indigenous diet, prompting agricultural activities in the region to revert to indigenous crops, which will improve biodiversity by restoring healthy soil microbiomes and bringing back animals and plants that were in symbiotic relationships with indigenous crops.Footnote ²⁷ This role strategically places women in the best position to implement some of the recommendations of nature conservation and biodiversity treaties while promoting the health of their communities. Second, women in the MENA region take on the primary caregiving roles when raising their children.Footnote ²⁸ In their role as their children’s main source of influence, women have the opportunity to improve current and future generations’ environmental awareness and turn ecological consumption into a universal habitual behavior.Footnote ²⁹

Despite being in a position to drive sustainability through conscious consumption and by raising the next generation to conserve nature, obstacles remain for the full integration of women in nature conservation and the preservation of biodiversity.Footnote ³⁰ Relegating women to passive roles in nature conservation neglects women’s valuable contributions while preventing them from participating in future conservation efforts by upholding the social norms that prevent them from playing active roles in the initiatives. This locks them in a cycle of exclusion and limited access to opportunities to change the status quo.

7.2.3 Gender-Based Differences in Priorities Relevant to Biodiversity and Nature Conservation

Women’s disproportional access to economic opportunities, land resources, and formal decision-making structures in the MENA region weakens the full integration of the perspectives and priorities of women in biodiversity and nature conservation programs.Footnote ³¹ First, fewer women at the decision-making table often means that the knowledge women acquire in their role as homemakers is not fully reflected in deliberations and decision-making. The teams that design and implement the recommendations of biodiversity and nature conservation treaties remain largely male-led and male-dominated.Footnote ³² For instance, only 30 percent of the 10,000 experts who advise the members of the body that advises the parties to the treaties on species and nature conservation are women.Footnote ³³ The male domination trickles down to the teams that break down the interventions at national and local levels. Therefore, women, their needs, and the knowledge they can contribute to the conservation of nature and biodiversity are undervalued, making them a low priority in the inception, implementation, and outcomes of nature and biodiversity preservation programs. For example, while many biodiversity interventions focus on formal and centralized approaches led by regulatory institutions, the importance of soft interventions such as homegrown forest restoration, tree planting, nature-based solutions, and climate-smart dietary changes may be excluded. Second, community norms around women’s participation in public affairs often limit women’s bargaining power regarding their inclusion in biodiversity conservation programs and even less authority in contributing their knowledge to conversations on the preservation of biodiversity.Footnote ³⁴ This problem is not exclusive to women in the MENA region. In fact, less than half of the global female population has influence over nature conservation priorities compared to 65 percent of men.Footnote ³⁵ The prevailing lopsidedness in representation raises the need to dismantle drivers of gender-based disparity and inequality in the design and implementation of biodiversity and nature conservation programs in order to ensure that both formal and informal knowledge are fully maximized in biodiversity efforts.

7.2.4 Gender-Based Differences in Access, Use, and Control of Resources

The implementation of the recommendations of biodiversity and natural resource conservation initiatives is a resource-intensive endeavor. At the very least, it requires access to or ownership of land, access to natural resources, and access to financial resources. Historically, women in many MENA societies have been tasked with the management and conservation of resources in their households, which often tilts access to financial resources and resource allocation in favor of men.Footnote ³⁶ In the MENA region, women’s access to resources is often restricted by their limited economic participation.Footnote ³⁷ Further, the position of women in the social hierarchy discussed earlier and their lack of legal and social protections limit women’s ownership of resources further. As such, women can use these resources but their access to them is limited. In some North African countries, for instance, no more than 20 percent of land is registered in the names of women.Footnote ³⁸ Even when women succeed in having land registered in their name, their access is controlled by their spouses or male relatives. Therefore, when the owners of land and other natural resources are called upon to make decisions on biodiversity and nature conservation, women are left out. Their exclusion extends to the ownership of communal resources, culminating in their exclusion from the implementation of conservation efforts at the community level. Women’s limited access to household and communal resources stems from gender roles, which have historically confined women to unpaid domestic labor. Although more women are attaining higher levels of education and some are working outside the home, the gap in ownership and access to resources is still significant since women only make up less than 20 percent of landowners.Footnote ³⁹ Their limited ownership of resources is responsible for women’s limited involvement in implementing biodiversity and nature conservation interventions.

Finally, there are obvious gender differences in participation, decision-making, and access to the benefits of biodiversity and nature conservation. The foregoing gender dynamics of biodiversity culminate in the disproportionate participation of women in all levels of conservation. Limited economic participation shuts women out of influencing policy and making decisions related to leadership in the design and implementation of conservation programs. Similarly, their relegation to passive roles prevents their active participation in decision-making, which prevents their needs from being prioritized. Consequently, they fail to benefit from conservation efforts as much as their male counterparts.

7.3.1 The Synergistic Approach

A synergistic approach to gender-responsive implementation in relation to the conservation of nature and biodiversity refers to the identification and development of important linkages between gender equality and biodiversity. In the MENA region, these critical links include women’s right to access, use, and have control over natural resources, contribute to the implementation of programs that target biodiversity goals, and address the problems that women face in their roles and contributions to the implementation of the different conventions and treaties.Footnote ⁴⁰ Under the approach, synergies between efforts to promote gender equality and the implementation of the treaties would be established. Ideally, the synergies would be established at all levels of implementation, starting with the gender constitution of the advisors to the parties to the treaties down to the implementation of specific programs at the local level. However, more realistic entry points include affirmative action when constituting local implementation committees, eliminating barriers to access to information, consulting both genders when breaking down the interventions proposed by the treaties into local programs, and promoting equality in sharing the benefits accruing from the initiatives. The synergistic approach would improve nature and biodiversity conservation in the MENA region by harnessing women’s knowledge, mobilizing skills, and influence in household decisions to promote the conservation of biodiversity.

7.3.2 Gender Transformative Approach

Comparatively, the gender transformative approach promotes the gender-responsive implementation of the resolutions of the treaties through the three dimensions of equity, namely recognition, procedure, and distribution.Footnote ⁴¹ In this context, recognition refers to the acknowledgment and respect for all parties, their values, and the knowledge they hold in relation to biodiversity and nature conservation. Since women are highly knowledgeable about nature and biodiversity conservation, their involvement in the implementation of the ratified interventions is invaluable. For instance, women in Morocco have demonstrated the value of their knowledge on biodiversity through large-scale projects that produce food for their communities while preserving biodiversity in their country.Footnote ⁴² The women are growing plants that are indigenous to their country, such as cumin, quinoa, and cactus to produce food in cooperatives that empower them financially and increase their economic participation while restoring the soil microbiome and protecting indigenous plant and animal species. Procedure refers to the involvement of every person who is affected by the degradation of nature and loss of biodiversity in decisions relating to the implementation of interventions. Their involvement in decision-making requires unlimited access to information and knowledge. With women playing a more prominent role in conservation programs, joint decision-making will yield better outcomes that address the needs of both genders. Third, distribution refers to the equitable participation in the benefits or negative impacts of the biodiversity and nature conservation interventions. Consequently, both men and women will benefit equally from the implementation of the resolutions of the treaties.

7.3.3 Recognition of the Linkages between Gender and Biodiversity in Nature Conservation and Biodiversity Treaties

7.4.1 Recommendations for Action

The foregoing limitations raise the need for proactive and innovative ways of promoting the gender-responsive implementation of biodiversity and nature conservation treaties.

First is the need for MENA countries to integrate gender mainstreaming with their conservation policies or establish separate policies to enforce the participation of women in the conservation of biodiversity. The policies can include gender quotas for the committees tasked with the implementation of the national action plans derived from the resolutions of nature and biodiversity conservation treaties and requirements that women should be involved in all stages of biodiversity programs, from inception through implementation to evaluation of outcomes. They can achieve this by requiring the collection of gender-sensitive data before the inception of the programs, adhering to gender quotas in all personnel involved in the programs, considering the needs of all genders when setting project objectives, and allocating the benefits of the programs equitably. Further, policies can require that all environmental and biodiversity laws and regulations be assessed with a gender lens to ensure that they make provisions for the involvement of women.

Second, environmental and biodiversity legislation across the MENA region should adopt gender and human rights language to guarantee the participation of all genders in the conservation of gender and biodiversity. The use of gender-sensitive language ensures that both men and women feel included and addressed by the legislation.Footnote ⁶⁰ Governments across the MENA region can use gender language to increase the participation of all genders in biodiversity conservation efforts by avoiding exclusionary language such as manpower and spokesman, mentioning both men and women in relation to action plans, and referring to both genders as being on the same level. The legislation can be enhanced further through design and visual elements that portray men and women participating in biodiversity conservation programs.

Third, in addition to entrenching gender mainstreaming in legislation and incorporating gender language to ensure the participation of all in nature and biodiversity conservation, countries in the MENA region can allocate funds to the empowerment of women. This can include establishing scholarships for women in higher education, particularly in STEM (science, technology, engineering, and mathematics) subjects, to increase the number of women with specialized education and knowledge on biodiversity conservation, who can head or contribute to national environment and biodiversity programs. Some countries in the region such as Qatar are making significant investments in women’s education in STEM and other fields.Footnote ⁶¹ More funding can be allocated to increasing the economic participation of women in the region. Combined, their education and economic participation can promote the further participation of women in nature and biodiversity conservation.

Fourth, women are highly underrepresented in formal political structures and decision-making roles related to conservation. When they are included in conservation committees that are tasked with the implementation of biodiversity and conservation treaties, it is usually in administrative roles.Footnote ⁶² This creates the illusion of gender inclusivity, but in reality the status quo is upheld and women remain on the sidelines in decision-making despite research showing that involving them yields better outcomes for nature conservation. For instance, the inclusion of women on the executive committees of forest conservation programs in Nepal led to the reduced exploitation of forest resources, promoting biodiversity conservation in the region.Footnote ⁶³ The national committees driving the implementation of the resolutions of nature and biodiversity treaties can involve women in decision-making for better outcomes in several ways.

MENA countries should establish policies that require gender-inclusive communal involvement in the implementation of other resolutions at the community level. The Kunming-Montreal Global Biodiversity Framework has made a few strides toward gender-inclusive implementation of its interventions by acknowledging that gender equality is necessary for their successful implementation. The countries can build on the acknowledgment of the need for gender inclusion by setting a minimum gender distribution of the members of individual intervention implementation committees. Putting women on the committees will introduce new perspectives on the implementation of different interventions and guarantee women’s enthusiastic participation. Essentially, involving both men and women in decision-making roles will transform the implementation of biodiversity and conservation treaties in the MENA region into a communal affair. Furthermore, MENA countries could require the contributions of women at all stages of the implementation of their biodiversity and nature conservation interventions. As the most recent treaty, the Kunming-Montreal Global Biodiversity Framework has adopted a great approach to guarantee the involvement of local and indigenous communities in the implementation of its interventions. All treaties could adopt a similar approach by acknowledging the crucial role women play in conservation as the custodians of natural resources and require the documentation of their contributions to the implementation of interventions within their communities. Requiring implementation committees to listen to and document women’s contributions and suggestions will ensure that their knowledge is used in decision-making and their needs are considered.

Fifth, the involvement of women in decision-making both directly and through their contribution to the knowledge pool that influences decisions is a good but superficial start to promoting the gender-responsive implementation of the resolutions and recommendations of biodiversity and nature conservation treaties. A lasting solution would involve addressing the problems that cause the limited involvement of women in nature conservation. One of these problems is women’s limited access to and control of resources. Traditionally, social norms in the MENA region boxed women into the roles of wives and mothers, limiting their ability to earn an income outside of the two roles.Footnote ⁶⁴ The ripple effect of these gender roles in the region is evident in women’s limited ownership of resources such as land, access to natural resources that serve as sources of income such as oceans, and access to tools of social mobility such as education. While biodiversity regulations and legislation cannot reverse centuries of tradition, they can adopt gender mainstreaming in the implementation of interventions that target community resources. Through the gradual adoption of gender mainstreaming, biodiversity laws can establish a new culture of communal ownership and responsibility for natural resources. Moving forward, the responsibility of implementing the treaties and driving the protection of the natural environment would fall on all members of the community regardless of their gender.

Sixth, the education and the distribution of information on conservation, including the existence, purpose, and recommendations of the treaties, are not universal. Women, particularly in rural areas, interact with their natural environment more than the men in their communities. They are the first people in their communities to experience climate change and are the conduits and custodians of knowledge of their environment. However, most of the information they hold is informal and drawn from the experiences and lessons of the women who came before them. Comparatively, the knowledge and education that drives the biodiversity and nature conservation treaties is primarily formal and based on scientific research. These types of education and knowledge are not perceived to have the same value. As such, the knowledge that women have accumulated is devalued and disregarded while formal knowledge is valued highly. Policies that integrate respect for this knowledge combined with the scientific knowledge acquired by the women who benefit from the budgetary allocations to women’s education and empowerment would be game changers in the gender mainstreaming of the implementation of the treaties.

Gender mainstreaming will promote the gender-responsive implementation of the treaties by securing women’s place in biodiversity programs without resorting to affirmative action. The implementation of the treaties would be driven by both scientific knowledge and the indigenous knowledge held by women. The efforts of one group of women in Lebanon confirm that women can improve conservation efforts if allowed to share their knowledge of nature with their communities. The women in the group exchange knowledge, learn from each other, and use their knowledge to preserve natural resources and restore biodiversity.Footnote ⁶⁵ As the knowledge that women hold enriches the implementation process, women will have access to formal knowledge as well. The impacts of women’s increased access to education and information will manifest in more than their involvement in the design and implementation of the recommendations of the treaties. Since limited education is one of the factors that are responsible for gender differences in access to economic resources, exposure to more education and knowledge will increase women’s access to economic opportunities, giving them access to and control of resources.Footnote ⁶⁶

Finally, women are underrepresented in leadership roles in the committees driving the implementation of biodiversity and nature conservation treaties. The lack of gender balance in leadership robs the implementation process of the benefits of their inclusion, which include improved outcomes of the projects.Footnote ⁶⁷ The national councils driving the implementation of nature and biodiversity conservation treaties can harness the benefits of the increased empowerment of women and their increased specialization in the sciences to increase women’s leadership in conservation efforts. With more women in leadership roles in nature and biodiversity conservation programs, countries in the MENA region could redefine their leadership structures to base leadership on knowledge, values, needs, and priorities and abandon traditional structures, which are based on rights and access to resources and decision-making power. Under the new leadership structures, implementation committees would be constituted to include representatives of both genders to ensure that the needs of the entire community are prioritized and the knowledge of all members utilized. Consequently, both men and women would have equal chances at leadership, decision-making, and benefit-sharing.

8.3.1 Context of the MENA Region: The Social, Economic, Political, and Historical Factors that Shape Public Health Systems

The One Health approach, as we have observed in the foregoing, faces significant implementation challenges due, among other things, to limited economic and institutional capacities in jurisdictions where resources are limited. The Arab countries of the MENA region are frequently viewed as one “homogeneous union” because of their linguistic and religious similarities.Footnote ⁴⁹ However, they vary in many respects, including in their public policy provisions, health policies, and institutional capacities.Footnote ⁵⁰ While the affluent Gulf monarchies have the capacity to provide outstanding medical facilities, less prosperous nations offer less than adequate public healthcare facilities.Footnote ⁵¹ About “20 hospital beds exist” per 10,000 inhabitants in Arab countries, whereas the European Union has fifty-two hospital beds per 10,000 individuals.Footnote ⁵² At the beginning of the pandemic, Tunisia reportedly provided “a maximum of 200 intensive care beds in public hospitals,” while merely “550 respirators were available in Morocco.”Footnote ⁵³

The availability of personal protective equipment and testing kits has remained scarce in several MENA countries, if not wholly inaccessible for impoverished populations.Footnote ⁵⁴ In countries with a large number of “internally displaced persons, refugees or otherwise undocumented persons,” health provisions are not comprehensive or specific enough to include them all – a shortfall which becomes especially hazardous during a public health disaster, such as a pandemic.Footnote ⁵⁵ Countries in the region include the prosperous “Gulf monarchies, where blue-collar migrant workers” – whose population easily outnumbers the local population – have very little access to healthcare services.Footnote ⁵⁶ A unifying factor of the MENA region is the meager budgetary health expenditure of the Arab countries, which is only half that of “the global average in 2017.”Footnote ⁵⁷ Therefore, it is not surprising to see MENA countries perform “only moderately to badly in the 2016 Healthcare Access and Quality Index,” which assesses health care quality and access in 195 countries.”Footnote ⁵⁸

These data provide critical insights into questions of capacity, resilience, and readiness regarding the ability of countries in the region to implement the One Health approach. In setting out the factors that shape legal effectiveness, SLE – as discussed in Section 8.3.2 – invites a consideration of factors that are internal and external to law and its workings, such as the objectives of a law or policy framework and the framing of its legal provisions, as well as social, economic, political, historical, and moral considerations that shape the framing of laws and ultimately influence its reception and effective implementation. As we further explain in Section 8.3.2, the social, economic, political, and historical factors discussed in the foregoing constitute significant barriers to the design, structural cohesiveness, and implementation of legal frameworks and/or policies in the One Health approach for many parts of the MENA region.

For example, the prevalence of significant disease burdens, resources shortages, and limited institutional capacities, and the human costs from these burdens, can (and often do) shift state attention from biodiversity conservation and innovative solutions to the ostensibly more pressing problem of survival. In this context, where burdens are unevenly distributed and a healthcare system faces significant challenges, SLE posits a misalignment of legislative or policy intent or objectives and the structural requirements for its success. Take, for example, experiences during the pandemic where it was a luxury to see a doctor;Footnote ⁵⁹ this state of affairs resulted in significant disadvantages for vulnerable segments of the population, especially refugees, internally displaced persons, women, children, persons with disabilities, and persons from underprivileged sections of society in the MENA region. These disadvantages were significantly worsened by pre-existing inequalities that conditioned what resources these populations could access or the contributions they could make to alleviate conditions during the pandemic.

Furthermore, COVID-19 accentuated women’s vulnerability in a unique manner: It increased their unpaid labor, as well as incidences of abuse and violence, and law enforcement agencies in the MENA region were not responsive to the drastic increase in domestic violence and killings of girls and women.Footnote ⁶⁰ With the rate of women’s political-economic participation in the MENA region being one of the lowest in the world and the MENA region being infamous for severely patriarchal laws that control girls’ and women’s autonomy,Footnote ⁶¹ a legitimate question that arises is whether the One Health approach – which requires mainstreaming in a manner attentive to pre-existing inequalities, the mobilization of broad-based efforts that respect women’s contribution to knowledge creation, and broad interdisciplinary collaborative efforts – can thrive in the region.

It is against this background that we consider two questions central to this chapter: What are the limits to the applicability of the One Health approach in the MENA region? And what types of laws and policies can effectively address the needs of vulnerable groups in the MENA region given its challenges?

8.3.2 Examining the Limits of the One Health Framework through the Lens of SLE

The SLE theory offers a three-pronged analysis of the interconnected conditions for a law, policy, or program’s effectiveness, involving the alignment of: (1) structural/organizational cohesiveness and clarity of objectives; (2) internal elements relating, among other things, to the social facts embodied in law, clarity of language, nonambiguity in choice of diction and proper interpretation, and the need for attention to the identities, needs, and social contexts of legal subjects; and (3) external elements of moral, factual, and scientific correctness.Footnote ⁶² According to the theory of SLE, law has a “twofold character,” the first being an internal character which reflects law’s content and internal workings, and the second being an external character which depicts the moral underpinnings of law.Footnote ⁶³ The internal character of law – or law’s internal elements, which comprises law’s content – necessarily includes the language of law or legal diction, the interpretations of legislative language, and social facts that are embodied in law. Indeed, law’s content is primarily constituted by the social norms of the specific region to which it applies.Footnote ⁶⁴ This content is informed by prevailing socio-cultural, political, and related values that shape the lawmaking process.Footnote ⁶⁵ According to this theory, law’s internal character influences “law’s effectiveness” due, broadly and primarily, to the nature, framing, and interpretation of the content of a given law (denoted as internal limits), while its external character – as defined by moral, factual, and scientific correctness – influences its effectiveness through public “perceptions about the correctness” of law’s content (described as external limits).Footnote ⁶⁶

Thus, the second character of law – the external element, which captures law’s enduring alignment with shared or perceived moral values – posits that laws that are presumed “to be morally, factually or scientifically and contextually correct and cohesive” are most likely to achieve compliance and hence be effective.Footnote ⁶⁷ Hence, SLE suggests that laws are most effective – as may be measured by a high level of compliance – when their internal character or internal design reflects the law’s external character or external morality.Footnote ⁶⁸ Toward this goal and as a reflection of law’s aspiration to justice, the contents of an effective law ought to reflect “the diverse identities” of the specific population “and their normative perceptions” – qualities that ensure their contextual cohesiveness.Footnote ⁶⁹ Further, law’s aspiration toward fulfilling a society’s perceptions of justice necessitates that it reflects “the diverse needs” of the specific population.Footnote ⁷⁰ This condition for legal effectiveness requires that laws are attentive to local conditions, realities, and challenges, and to the possibilities of compliance or noncompliance.

Applying SLE theory to the One Health approach, we focus on the misalignment between societal needs, cultural identities, and socio-political context on the one hand and the expectations of the One Health approach on the other. Through these principles, we identify three core barriers which limit the application of the One Health approach to the MENA region.

8.4.1 The One Health Approach for Biodiversity and Nature Conservation in the MENA Region: A Holistic Approach

In outlining the interconnectedness of the health of humans, ecosystem, and animals,Footnote ⁸³ the One Health approach offers a distinctive, interdisciplinary vision for achieving biodiversity conservation. Otu and others have stressed the need to prioritize the One Health approach, noting that urbanization, armed conflict, and deforestation in African countries exacerbates the risk of zoonotic infections.Footnote ⁸⁴ The MENA region is vulnerable to zoonotic threats,Footnote ⁸⁵ and the COVID-19 pandemic exposed the threat posed by zoonotic diseases to the health of the continent.Footnote ⁸⁶ There is an increase in the frequency of emerging and re-emerging infectious disease epidemics.Footnote ⁸⁷ It is therefore necessary to explore recommendations for effectively advancing the One Health approach in the MENA region.

Despite the benefits that the One Health approach promises, there are several limitations and challenges, as outlined earlier, that have affected the advancement and practical application of the One Health approach in the MENA region. According to Gibbs, adoption of the “One World-One Health” concept – which affirms the linkages between human, animal, and environment health – will help in solving the health challenges of the twenty-first century.Footnote ⁸⁸ However, there is more to be done to ensure the effectiveness of the One Health approach in the MENA region. Alkaldi et al. have observed that in Palestine, major interrelated sectors, such as health, environment, and agricultural sectors, are fragmented and lack coordination.Footnote ⁸⁹ This fragmentation exacerbated the impact of the COVID-19 pandemic on unstable states in the region, for example Gaza, and exacerbated and exposed the fragility of Gaza’s health system.Footnote ⁹⁰

Further, there is a need for concerted efforts to ensure the effectiveness of the One Health approach in the MENA region. The theory of SLE, which we have used to contextualize the problems of the One Health approach when applied in the MENA region, is again useful in setting out recommendations for ensuring the effectiveness of the One Health approach in the region.

8.4.2 Advancing the One Health Approach: Through the Lens of SLE Theory

In the foregoing, we have categorized the challenges facing the One Health approach in the MENA region through SLE’s conceptualizations of law’s internal and external limits. We have outlined various social, economic, political, and historical factors that have affected the application of the One Health approach in the region.Footnote ⁹¹ As discussed, political uprisings, protests, and armed conflict have impacted several countries in the MENA region over the years.Footnote ⁹² Colonization and civil unrests have also been identified as challenges that have impeded multisectoral cooperation and monitoring to enhance a One Health approach to health.Footnote ⁹³ Further, we have noted that the absence of structured collaboration and coordination across sectors and institutions can lead to policy incoherence,Footnote ⁹⁴ which compounds the advancement and effectiveness of the One Health approach in the region.

SLE is relevant in proffering recommendations for the advancement of the One Health approach in the MENA region because the disconnect between the One Health approach and the distinctive identities, needs, and contexts – broadly defined – in the MENA region (all factors that have been shown to be crucial for legal, policy, and program effectiveness) has significant consequences for the practical implementation of the approach in the region. Further, questions about the nature of its conceptual prescriptions, structure of relevant initiatives to effectuate the One Health approach, and its overriding objectives – factors that SLE posits are critical for effectiveness – remain unaddressed.

Overcoming the increasingly complex health and security challenges facing the MENA region requires a focus on developing effective health systems, especially effective public health and disaster response systems. To effectively advance a biodiversity approach in the MENA region, we make the following recommendations.

9.2.1 Historical Evolution and Essence of Benefit-Sharing

Benefit-sharingFootnote ¹¹ focuses on a partnership-centric approach to distributing economic, socio-cultural, and environmental advantages associated with biological resources.Footnote ¹² Rooted in human rights law, the idea has evolved with a special emphasis on sustainable development, tying it to core principles such as equity, solidarity, development assistance, and sovereignty over natural resources. Historically, the principle of Permanent Sovereignty over Natural Resources (PSNR) encapsulated the early manifestations of benefit-sharing.Footnote ¹³ The 1962 United Nations General Assembly Resolution on PSNR underscored the judicious management of resources, conservation, and prevention of wasteful exploitation. Subsequent global debates, such as the New International Economic Order, brought the concept of benefit-sharing to the fore in the context of sustainable development.Footnote ¹⁴

9.2.2 Specific Instruments and Protocols

A plurality of international instruments aim to protect and advance equitable ABS. First, the UN SDGs act as a coherent and inclusive framework for coordinated economic, social, and environmental initiatives to promote the inclusive, harmonized, and equitable implementation of sustainable development goals across all spheres. Similarly, UN declarations, resolutions, and other mechanisms on ABS, although nonbinding, provide supportive international, regional, and local networks in which collective efforts can be framed and mutually implemented. Second, clear and comprehensive targets, such as the Aichi Targets, provide a set of goals against which nations can innovate national action plans and strategies specific to their local and regional biodiversity and social fabric. Lastly, the Post-2020 Framework takes the Agenda for Sustainable Development forward to 2030 and 2050 with new, mandated transparency, enforcement, and accountability mechanisms.

Third, and most important, are legally binding treaties, such as the CBD,Footnote ¹⁵ with its CartagenaFootnote ¹⁶ and NagoyaFootnote ¹⁷ Protocols, the Convention on International Trade in Endangered Species of Wild Fauna and Flora,Footnote ¹⁸ the Convention on Migratory Species (CMS),Footnote ¹⁹ and the Ramsar Convention on Wetlands (Ramsar),Footnote ²⁰ the Biodiversity Indicators Partnership,Footnote ²¹ the Protect Planet Initiative (Protect Planet),Footnote ²² which provide international legal frameworks on biodiversity and nature conservation, including ABS. The Nagoya Protocol on Access and Benefit Sharing of Genetic Resources (Nagoya Protocol),Footnote ²³ in particular, is an essential component of the Global Biodiversity Framework, providing a mechanism to ensure the fair and equitable sharing of benefits arising from the utilization of genetic resources. Its purpose is to solidify a clear legal pathway for one of the CBD’s three goals: the equitable sharing of benefits from the utilization of genetic resources.Footnote ²⁴ Initially, genetic resources were universally accessed, based on the “common heritage of mankind” principle.Footnote ²⁵ This unrestricted access saw a shift with the advent of intellectual property rights and proprietary claims on genetic resource derivatives. In 1992, the CBD framed a legal structure, acknowledging countries’ sovereignty over these resources; this framework mandated that access to these resources would be determined by national laws, with potential provisions for benefit-sharing.Footnote ²⁶ However, unauthorized access continued, urging the international community to create sharper regulations, leading to the Nagoya Protocol’s inception during the 7th Conference of the Parties to the CBD in 2004.Footnote ²⁷

The Nagoya Protocol is fundamentally anchored in three tenets: access, benefit-sharing, and compliance, collectively termed the “ABC of ABS.” The dialogue surrounding the Nagoya Protocol saw developing countries emphasizing benefit-sharing and stringent compliance, while their developed counterparts prioritized uniform access. The debate also revolved around the governance of ABS, with developed nations advocating for private agreements and developing nations leaning toward biopiracy prevention.Footnote ²⁸

9.2.3 Aichi Targets

In order to support the implementation of the CBD at the national level, the Strategic Plan of the CBD Secretariat came up with twenty ambitious, yet achievable, targets collectively known as the Aichi Targets.Footnote ³³ Nations were called upon to

In this manner, the CBD Secretariat aims to achieve its vision by 2050, in which “biodiversity is valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.”Footnote ³⁵ However, concerns among Global South countries relating to the limited economic benefits from bioprospecting projects could hinder the Aichi targets’ implementation.Footnote ³⁶

9.2.4 Post-2020 Global Biodiversity Framework

Although the CBD strove to ensure that the Aichi Targets were ambitious, yet achievable, the need for an extended international global biodiversity framework arose in 2020, when a stocktaking of the 2011–2020 Strategic Plan of the CBD goalsFootnote ³⁷ revealed that none of the Aichi Targets had been entirely achieved by 2020.Footnote ³⁸ Hence, in order to define targets and pathways for the conservation and sustainable use of biodiversity for the next decade and beyond, the CBD Secretariat, on July 12, 2021, released the first official draft of a new Post-2020 Global Biodiversity Framework to guide actions worldwide through 2030 to preserve and protect nature and its essential services to people.Footnote ³⁹ Then, on December 19, 2022, at the Conference of the Parties (COP) 15 in Montreal, Canada, the landmark Kunming-Montreal Global Biodiversity Framework (GBF) agreement was realized, providing for the protection of 30 percent of land area and 30 percent of marine environments under protection by 2030.Footnote ⁴⁰ This is a significant improvement on the current 17 percent of land and 8 percent of marine areas being safeguarded as of February 2023.

The GBF was not intended to be used only under the CBD and associated protocols but also under other biodiversity-related conventions, the Rio Conventions, other multilateral environmental agreements, other international processes and instruments, and the broader international community.Footnote ⁴¹ The criteria have also been put forward in the so-called SMART concept of targets which the CBD defines as specific, measurable, ambitious, realistic, and time-bound.Footnote ⁴²

Subsequent decisions coming out of COP15 were the proposed interim budget for the program of work of the CBD, including the Cartagena Protocol and the Nagoya Protocol, and mechanisms for planning, monitoring, reporting and review, resource mobilization, capacity building and development, technical and scientific cooperation, and digital sequence information on genetic resources.Footnote ⁴³ The GBF includes four goals and twenty-three targets to be achieved by 2030, with four long-term goals for 2050 related to the 2050 Vision for Biodiversity, listed under three main categories: reducing threats to biodiversity, meeting people’s needs through sustainable use and benefit-sharing, and tools and solutions for implementation and mainstreaming.Footnote ⁴⁴ Yet another significance of the Post-2020 Framework is that it mandates that transnational companies and financial institutions monitor, assess, and transparently disclose risks and impacts on biodiversity through their operations, portfolios, and supply and value chains.Footnote ⁴⁵ This enforcement mechanism was seen as critical to the ability to achieve the objectives of the CBD.

In summary, a plurality of global partnerships exist which form the backbone of efforts to enhance ABS and safeguard biodiversity. First, the SDGs act as a coherent and inclusive framework for coordinated economic, social, and environmental initiatives to promote the inclusive, harmonized, and equitable implementation of sustainable development goals across all spheres. Second, legally binding conventions and treaties, such as the CBD, with its Cartagena and Nagoya Protocols, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CMS, and Ramsar, provide mechanisms which allow for the enforcement of mutually agreed upon rules and regulations in international law. Third, partnerships, initiatives, declarations, resolutions, and other mechanisms, although nonbinding, provide supportive international, regional, and local networks in which collective efforts can be framed and mutually implemented. Fourth, clear and comprehensive targets, such as the Aichi Targets, provide a set of goals against which nations can innovate national action plans and strategies specific to their local and regional biodiversity and social fabric. Lastly, the Post-2020 Framework takes the agenda forward to 2030 and 2050 with new, mandated transparency, enforcement, and accountability mechanisms.

9.3.1 Lack of Clear and Comprehensive Biodiversity Laws Including ABS and Digital Sequencing

While there is a growing awareness on biodiversity and nature conservation across the MENA region, clear and comprehensive regulatory frameworks on ABS will need to be elaborated across the region. For example, in Qatar, Kuwait,Footnote ⁴⁶ and the United Arab Emirates (UAE),Footnote ⁴⁷ the growing commitment to ABS is observed through national reports and the implementation of various legislative and administrative measures designed to uphold the principles of the Protocol. Various laws and legislative frameworks have been enacted to regulate and control biodiversity and endorse conservation measures, resonating with the ethos of the Nagoya Protocol.Footnote ⁴⁸ These countries have manifested their committed stance toward biodiversity conservation and the principles of the Nagoya Protocol.

Despite the progress and efforts, however, challenges such as a significant lack of awareness on ABS, lack of statistical data on ABS,Footnote ⁴⁹ and compliance concerns linger,Footnote ⁵⁰ highlighting a continuing need for advancing awareness, fine-tuning legal frameworks, and fortifying implementation measures.Footnote ⁵¹

Similarly, despite the growing global consensus and global shift toward the recognition and inclusion of digital sequence information (DSI) in ABS frameworks, progress on DSI remain slow across the region.Footnote ⁵² The evolution of new technologies that enable the development of products based solely on digital molecular information, known as DSI, has raised hot and controversial debates on the regulation of ABS resulting from such digital utilization.Footnote ⁵³ Countries worldwide are realizing the pivotal role DSI plays in both commercial and noncommercial spheres and are thus adapting their legal and regulatory frameworks accordingly.Footnote ⁵⁴ In light of this, MENA countries might benefit from addressing DSI in their ABS frameworks, both in terms of access to DSI and benefit-sharing obligations arising from its use. Addressing DSI comprehensively can help streamline national efforts and potentially fortify the realization of biodiversity goals, aligning with international trends and ensuring robustness in the region’s biodiversity conservation strategies.

As the global conversation pivots toward the significance of DSI in the realm of ABS, the MENA region stands at an opportune juncture to integrate DSI considerations into its regional strategy. A cohesive regional approach addressing DSI can foster unified standards for access, utilization, and benefit-sharing of genetic sequence data, thereby promoting both the conservation and sustainable use of the region’s rich biodiversity.Footnote ⁵⁵ By proactively incorporating DSI provisions into regional ABS strategy, MENA countries can position themselves at the forefront of ABS negotiations, benefiting from international collaborations and research, and reducing disparities in the treatment of DSI across the region.Footnote ⁵⁶

9.3.2 The Need for a Regional Strategy on ABS

The countries in the MENA region have collaborated with institutions such as the Secretariat of the CBD and the UNEP to develop ABS strategies aligning with the objectives of the Nagoya Protocol.Footnote ⁵⁷ The CBD and UNEP often provide technical support, guidance, and resources to assist nations in crafting their ABS frameworks and in enhancing the capacities of relevant stakeholders.Footnote ⁵⁸ These international entities play a crucial role in fostering dialogue, sharing best practices, and enabling cooperation among countries in the region to address common challenges related to ABS and biodiversity conservation. Engagement usually involves capacity-building workshops and consultations focused on enhancing the understanding of ABS principles and developing national ABS frameworks.Footnote ⁵⁹ However, there remains the marked absence of a cohesive regional strategy on ABS.

There is a need for a clear and comprehensive regional strategy on ABS by regional bodies such as the League of Arab States (LAS), Gulf Cooperation Council (GCC), and the Organization for Islamic Cooperation. Such a consolidated regional approach is what would be required to move forward in a robust manner. In addition to the broader international agreements outlined in Section 9.2.2, countries in the MENA region participate in various regional organizations pertaining to environmental protection such as the GCC Standardization Organization,Footnote ⁶⁰ and partnerships, such as between UNEP and the GCC, in projects for greater transparency and accessibility of data on the environment,Footnote ⁶¹ or even associations such as the Arab Forum for Environment and Development (AFED).Footnote ⁶² Nevertheless, there has not been widespread or prominent documentation of regional organizations in the MENA region collaboratively working on Nagoya Protocol’s ABS mechanisms in a significant manner. While several countries in the region have shown interest in the Nagoya Protocol and have taken steps individually, cohesive regional efforts or initiatives spearheaded by organizations such as the GCC, LAS, or the Organization of Islamic Cooperation (OIC) have not been distinctly highlighted in publicly available records.

A regional approach would indeed provide many significant benefits through the various institutions. First, with respect to the GCC, the collective could initiate and facilitate cross-border collaborations on biotechnology research among member countries. For instance, joint research programs on plant genetic resources can be established to promote the conservation and sustainable use of biodiversity. The GCC could also work toward developing unified guidelines and protocols for ABS to ensure harmonized practices among member states. This could include common procedures for obtaining PIC and establishing MAT.

Second, the LAS could organize regional workshops and training sessions to enhance the understanding of ABS principles among member countries. This could focus on building legal expertise and raising awareness about the Nagoya Protocol. The LAS could also spearhead the creation of a regional database for genetic resources, aiding in the tracking and sharing of benefits derived from their utilization.

Third, the OIC could establish a fund to support research and development projects that align with ABS principles. This fund could also facilitate technical assistance to member countries in the MENA region for developing their national ABS frameworks. The OIC could also play a role in ensuring that traditional knowledge associated with genetic resources is acknowledged and protected, promoting benefit-sharing with ILCs.

Fourthly, the Mediterranean Action Plan (MAP), under UNEP, could promote initiatives aimed at the conservation of biodiversity in the Mediterranean region, ensuring that ABS principles are integrated into broader environmental protection efforts. The MAP can serve as a platform for dialogues among Mediterranean countries to discuss challenges and best practices related to ABS implementation.

Lastly, the Arab Maghreb Union (UMA),Footnote ⁶³ for example, could lead efforts to develop regional conservation strategies that incorporate ABS principles, focusing on the preservation of genetic resources in the Maghreb region. The UMA could also facilitate collaborative projects among member states to explore and utilize genetic resources, ensuring fair and equitable benefit-sharing.

By actively involving regional bodies in the creation and implementation of ABS strategies, the MENA region can ensure a more cohesive and collaborative approach to biodiversity conservation and sustainable utilization of genetic resources.

9.3.3 Lack of Institutional Coordination between Environmental Institutions

Exploring further, the lack of institutional coordination between environmental institutions becomes evident in the context of implementing the Nagoya Protocol. The necessity for harmonized coordination between various environmental entities is exemplified by the challenges faced by the nations of the region, highlighting the imperative need for streamlined cooperation to enhance the effectiveness of ABS implementation.

Specific examples demonstrating the issues in institutional coordination are the irregularities in sharing data with the ABS Clearing-House and challenges associated with documenting practices and indigenous knowledge tied to genetic resources, as outlined under Article 14.2 of the Nagoya Protocol.Footnote ⁶⁴ These issues may indicate some lack of coordination between the various institutions involved in implementing ABS legislation and strategies.

The emergence of DSI further complicates the institutional coordination landscape. The handling, sharing, and monitoring of genetic sequence data involve technical nuances that require specialized knowledge and capabilities.Footnote ⁶⁵ Establishing clear lines of responsibility and communication between institutions becomes paramount, particularly when considering the potential commercial and noncommercial implications of DSI.Footnote ⁶⁶ Institutions within the MENA region may need to bolster their technical capacities and foster interinstitutional collaborations to adeptly navigate the challenges and benefits presented by DSI in the broader context of ABS.Footnote ⁶⁷

For example, from the information provided in the Interim National Report, updated in 2022, it appears that one of Qatar’s greatest challenges could be associated with a marked absence of specific staff designated to administer functions directly related to the implementation of the Nagoya Protocol, as indicated in Item 63 of the ABSCH report, where it is mentioned that Qatar does not have specific staff for this purpose.Footnote ⁶⁸ This lack of designated staff could possibly hinder effective the institutional coordination and execution of the Nagoya Protocol’s provisions. Moreover, considering the responses in Items 61 and 62,Footnote ⁶⁹ the absence of established mechanisms for budgetary allocations of funds and lack of financial resources made available for the purposes of implementing the Nagoya Protocol might also signify challenges in implementing transboundary cooperation as outlined in Article 11.1.Footnote ⁷⁰ Without budgetary allocation and specific financial resources, the cooperation needed to manage genetic resources found in the territories of more than one party may be impacted. It may be significant to note that there is no additional information provided about any difficulties or challenges encountered for becoming a party to the Nagoya Protocol, as mentioned in Item 60.Footnote ⁷¹

However, the presence of clear and specific challenges in institutional coordination and financial allocations might be hampering Qatar’s ability to fully and robustly implement the Nagoya Protocol, making them critical areas of focus in advancing compliance with international agreements on biodiversity and ABS.

The UAE, under the Ministry of Climate Change and Environment, has distinctly demarcated roles and outlined mechanisms for benefit-sharing. Additionally, the challenges faced by the UAE in implementing the Nagoya Protocol can be consolidated into themes of institutional coordination, transboundary cooperation, capacity building, awareness-raising, and resource allocation. For instance, the UAE has established roles and mechanisms for benefit-sharing, with checkpoints at the Federal Authority for Identity and Citizenship, Customs and Port Security,Footnote ⁷² and collaborations with research centers. Despite this, there are irregularities in sharing data with the ABS Clearing-House,Footnote ⁷³ pointing to potential gaps in institutional coordination.Footnote ⁷⁴ Transboundary cooperationFootnote ⁷⁵ is emphasized in Article 11 of the Nagoya Protocol,Footnote ⁷⁶ but the specific mechanisms the UAE employs in this regard are not detailed. Furthermore, while the UAE has enacted laws such as Federal Law No. 8 of 2021,Footnote ⁷⁷ to govern access to genetic resources, the specifics of transboundary cooperation mechanisms are unclear.Footnote ⁷⁸ Capacity-building and awareness-raising measures are in place,Footnote ⁷⁹ but continuous efforts may be necessary for effective implementation of the Nagoya Protocol.Footnote ⁸⁰ Financially, the UAE relies on internal budgetary allocations without external support, potentially limiting resource availability. Lastly, the human resource constraint is evident as fewer than five staff membersFootnote ⁸¹ were assigned for administering functions related to the Nagoya Protocol as of 2022.Footnote ⁸² These themes underscore the need for the UAE to strengthen various facets of its approach to fully realize the objectives of the Nagoya Protocol.

In conclusion, the primary challenges in implementing the Nagoya Protocol in the region seem to revolve around institutional coordination, transboundary cooperation, capacity building, awareness-raising, financial, and human resource aspects.

9.3.4 Resource Gaps

The critical resource gaps found in analyzing the reports from the case studies revolve around limited awareness and understanding of ABS protocols, inadequate information-sharing mechanisms, and insufficiencies in enforcement and compliance measures, which collectively impact the equitable sharing of benefits derived from genetic resources and impede international collaboration and transparency in biodiversity conservation.

The first critical gap is the lack of awareness and understanding of ABS protocols and procedures.Footnote ⁸³ This deficiency likely hinders the implementation and compliance of ABS regulations and can lead to potential international conflicts and loss of biodiversity. Raising awareness and fostering understanding of ABS protocols is fundamental to promoting responsible access to and utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity.

Second, the evident gap in information-sharing mechanisms is rather acute.Footnote ⁸⁴ The unavailability of information to the ABS Clearing-House and the absence of provisions encouraging users and providers to share information on the implementation of ABS measures can jeopardize international cooperation and transparency. Improving information sharing is crucial for aligning with Article 14.2 of the Nagoya Protocol and fostering a collaborative environment that advances the mutual benefits and equitable sharing of genetic resources.Footnote ⁸⁵

The consideration of DSI in ABS transactions may affect resource gaps. Addressing DSI necessitates bolstered information-sharing mechanisms to effectively handle, monitor, and share genetic sequence data.Footnote ⁸⁶ As the global discourse shifts toward DSI integration into ABS frameworks, MENA countries should anticipate its intricacies and challenges.Footnote ⁸⁷

Lastly, the apparent inadequacy in the enforcement of ABS compliance and the lack of cooperative measures in dealing with cases of alleged violations of ABS measures indicate a significant gap in compliance and enforcement.Footnote ⁸⁸ Without robust enforcement mechanisms and international cooperation to address noncompliance, the objectives of the Nagoya Protocol may remain unrealized. Strengthening enforcement mechanisms and enhancing international collaboration are essential for addressing violations effectively and ensuring the fair and equitable sharing of benefits arising from genetic resources.

9.3.5 Capacity Gaps in the MENA Region

Capacity gaps in the MENA region are evident in several key areas of the implementation of the Nagoya Protocol, hindering the holistic adoption and execution of its principles related to the fair and equitable sharing of benefits arising from the utilization of genetic resources. These gaps manifest as limitations in engaging with indigenous and/or local communities, ambiguities in the adoption and application of model legal clauses and best practices, deficits in awareness and institutional support, unassessed effectiveness of legal frameworks, and potential constraints in resource allocation and international cooperation.Footnote ⁸⁹

Incorporating DSI, which can underscore capacity gaps, into ABS frameworks in the region demands a deep understanding of genetic sequence data and its implications for benefit-sharing. The emergent nature of DSI necessitates specialized training and updated policy frameworks. Particularly, managing DSI from publicly accessible databases introduces challenges affecting benefit-sharing, emphasizing the need for the MENA region to enhance capacities in this area.Footnote ⁹⁰

Qatar has shown its commitment to the Nagoya Protocol, emphasizing transboundary cooperation and the significance of genetic resources for environmental stability.Footnote ⁹¹ However, several capacity gaps have emerged in the implementation process. The first is community engagement. Qatar faces some limitations in engaging at the local level during the Nagoya Protocol’s implementation, as per Article 11. Second, while Qatar promotes model clauses, conduct codes, and best practices according to Articles 19 and 20,Footnote ⁹² the extent of their adoption within the country remains unclear. Third, there is a notable deficit in awareness and capacity building for the Nagoya Protocol’s objectives, underscored by the absence of dedicated staff for its administration and no clear strategy for awareness-raising.Footnote ⁹³ Lastly, the absence of specified budgetary allocations for the Nagoya Protocol’s enactment points to significant financial capacity gaps.

In comparison with other countries in the region, the UAE has implemented legislative measures such as Federal Law No. 8 of 2021,Footnote ⁹⁴ although the enforcement or effectiveness in real-world scenarios remains to be seen. Second, while the UAE has made efforts to raise awareness, the impact of these efforts and the status of funds for capacity building remain somewhat unclear. Both Qatar and the UAE face challenges in fully implementing the Nagoya Protocol, stemming from gaps in community engagement, adherence to standards, awareness and capacity building, and financial and institutional limitations. These challenges underscore the need for a thorough evaluation and refinement of strategies for effective implementation of the Nagoya Protocol.

9.4.1 Enact Clear and Comprehensive Laws Governing Biodiversity and ABS

The ABS landscape in the MENA region underscores a critical urgency: the establishment of clear and comprehensive laws on biodiversity and ABS. Kuwait’s recent ratification of the Nagoya Protocol reveals the initial stages of its alignment with the protocol’s mandates.Footnote ⁹⁵ However, the absence of comprehensive frameworks in countries such as Saudi Arabia, Oman, Bahrain, and Yemen underscores the importance of establishing or enhancing their respective biodiversity and ABS legislative blueprints.Footnote ⁹⁶ Addressing the evident gaps in the ABS framework, various countries have exhibited the significance of charting lucid, actionable pathways. For example, countries without defined strategic blueprints need to construct and regularly update their NBSAPs. This emphasis on policy clarity and periodic revision, aligned with standards such as the Nagoya Protocol, not only addresses changing biodiversity conditions but also ensures that nations remain compliant with evolving international standards. This evolution should ideally culminate in a cohesive ABS strategy, encompassing every facet from institutional coordination to public awareness.

9.4.2 Adopt Regional Biodiversity Action Plans and ABS Strategy

While in many domains there has been tremendous progress, the MENA region continues to face challenges with the overall ABS framework. A clear, actionable pathway is crucial for these nations to enhance ABS mechanisms, and one of the first steps is revisiting their NBSAPs. Countries without a strategic roadmap must develop NBSAPs, incorporating ABS goals in line with the Nagoya Protocol. Those with NBSAPs need regular updates to keep up with evolving biodiversity conditions and international standards. For instance, Qatar, known for its consistent alignment with global standards such as the Aichi Biodiversity Targets, needs a rejuvenation of its Biodiversity Strategies established in 2004.Footnote ⁹⁷ The UAE is another example, showcasing dedication through its Comprehensive Biodiversity Strategy (2014–2021)Footnote ⁹⁸ and aligning with the broader objectives of the CBD.

Yet a regional approach can be beneficial for the MENA nations, especially given the shared challenges and ecological similarities. While countries such as Qatar and the UAE have shown advancements in ABS mechanisms, there remains a need for a coordinated regional strategy. This is particularly salient for countries such as Saudi Arabia, Oman, Bahrain, and Yemen, which may benefit from regional insights and shared resources. A united regional initiative might provide mutual support, shared expertise, and collaborative projects that propel the entire region forward in biodiversity conservation and ABS alignment.

9.4.3 Accelerate Institutional Coordination between Environment Institutions

Central to enhancing the ABS framework is strengthening institutional frameworks and coordination. Countries should establish centralized ABS authorities or dedicated bodies for overseeing ABS processes. Enhanced inter-agency collaboration is paramount, ensuring a harmonized implementation of ABS mechanisms. This involves promoting communication, especially between bodies responsible for biodiversity conservation, research, trade, and indigenous rights. For instance, Qatar’s alignment with Aichi Biodiversity Targets and various legislative measures underpins its commitment to fostering coordination between various national and international standards. The importance of this institutional collaboration is also evident in the UAE, with its federal decrees aligning with the CBD protocols and its active partnerships with universities, research centers, and international stakeholders, emphasizing the significance of collective and coordinated efforts.

Centralized coordination is crucial for the success of ABS processes. While countries such as Qatar and the UAE have made strides in fostering coordination, there is a need for enhanced collaboration across the region. Sharing best practices, pooling resources, and joint capacity-building initiatives can provide a solid foundation for these countries, especially those at the foundational stages of ABS implementation.

9.4.4 Budgetary Allocations to Advance ABS and Biodiversity Programs

Enhancing transparency and stakeholder engagement is pivotal. Establishing ABS information portals will offer centralized access to ABS regulations and data, fostering transparency. Periodic multistakeholder dialogues, involving governmental entities, businesses, and researchers, can be a platform to address ABS challenges and brainstorm solutions. Qatar, with its strong legislative framework and nineteen ratified biodiversity-related agreements, exemplifies robust budgetary allocation. Additionally, tangible conservation projects, such as mangrove planting and artificial coral reefs, underscore Qatar’s commitment. The UAE’s draft law initiative, targeting conservation and the sustainable use of plant genetic resources, further accentuates the importance of clear budgetary commitments.

However, securing dedicated funds for ABS and biodiversity projects is pivotal. Countries such as Qatar and the UAE have showcased budgetary commitments, but a unified regional financial strategy can amplify efforts. While some countries in the MENA region, such as Yemen and Oman, might face economic constraints, a collaborative approach involving wealthier nations can ensure that all members have access to the resources needed for ABS and biodiversity initiatives.

9.4.5 Increased Capacity Development on ABS through University Courses

Awareness and education are essential for a robust ABS framework. Countries should integrate ABS principles into educational curricula. This will instill respect and understanding for genetic resources in future generations. Public awareness campaigns, leveraging media and community outreach, can highlight the importance of ABS. Qatar, in particular, seeks to elevate biodiversity consciousness and promote grassroots-level conservation initiatives. Additionally, the rights of ILCs must be legally recognized, making them integral to ABS negotiations. Capacity building through workshops will enable ILCs to effectively partake in ABS discussions. The UAE’s collaborations with educational institutions reflect the significance of capacity-building efforts in biodiversity conservation.

Effective and harmonious implementation of ABS mechanisms in the MENA region hinges upon robust institutional coordination. Countries, as showcased by Qatar’s alignment with international biodiversity standards and the UAE’s collaborative approaches, underscore the necessity for centralized authorities and inter-agency cooperation. By fostering these interconnections, nations not only streamline ABS processes but also ensure that biodiversity conservation efforts align seamlessly with international protocols and best practices. Such coordinated endeavors pave the way for a sustainable and equitable future in the realm of biodiversity conservation in the region.

10.2.1 Framework for Pro-biodiversity Business Model Innovation

As demonstrated in Figure 10.2, which draws extensively from Lobo’s framework for conservation entrepreneurship,Footnote ³² biodiversity entrepreneurship and business model innovations can be framed as having six core elements:

1. 1. Spatial diversity: In assessing entrepreneurial opportunities, considerations of a wide range of biogeographical characteristics must be included to design the right business models that are able to capture the right opportunities and provide sustainable value.

2. 2. Element of time: The entrepreneurial opportunities will vary with the season, will naturally fluctuate according to the level of species diversity, and must be considered in business model design.

3. 3. Interconnectedness: Ecopreneurs and NB-SMEE owners must consider the biophysical impact of enterprise (entrepreneurial outcome) in order to prevent nature disservice and bioperverse effects.Footnote ³³

4. 4. Dynamic value: Sustainable business model innovations interact with the entrepreneurial ecosystem (entrepreneurial context), which in turn act as either the promoters of or the barriers to capture sustainable value at various diversity scales (entrepreneurial outcome).

5. 5. Stakeholder interaction: Entrepreneurs, actors, governing bodies, and community members influence the entrepreneurial context. Multistakeholder collaboration is therefore required to effectively maximize biodiversity financing and address legal and regulatory frameworks that act as barriers or promoters of nature-based business models.

6. 6. Measurement: This captures the requirement for homogenous, consistent, comparable, and clear typology in metrics, assessment, and the information collation process,Footnote ³⁴ to measure, accurately capture, and present value to investors, financial institutions, and stakeholders.

Figure 10.2 Elements of biodiversity entrepreneurship and business model innovations

Source: Author.

The six elements emphasize the strategic investment in biodiversity and nature-based programs that can offer environmental, social, and economic co-benefits. Small and medium-sized enterprises (SMEs) are increasingly identified as effective incubators for rapidly generating such nature-based sustainable business model innovations that halt and reverse biodiversity loss.Footnote ³⁵ SMEs are the backbone of global economy and account for 80–90 percent of total business in the MENA region,Footnote ³⁶ as they are resilient and responsive to societal needs.Footnote ³⁷ NB-SMEEs provide nature-based solutions that generate relative or absolute restoration and reversal of biodiversity loss, while bringing both social benefits that are noneconomic and economic value to eco-entrepreneurs and society.Footnote ³⁸ These nature-based solutions include forest conservation efforts, ecotourism, green spaces, blue-green infrastructure, and nature-based innovation and projects that mitigate against floods, regulate atmospheric temperatures, and contribute to the health and well-being of urban citizens,Footnote ³⁹ and are operated via local and civil participation. Furthermore, NB-SMEEs are categorized based on direct value contribution (entrepreneurial outcome) such as: green buildings, sustainable framing, water treatment and management, conservation, restoration, and the creation and the management of biodiversity. NB-SMEEs can contribute indirect entrepreneurial outcomes such as biodiversity assessment techniques, smart technologies for biodiversity monitoring, green financial services, advisory services, and research, innovation, and education.Footnote ⁴⁰ The benefits of NB-SMEEs include increased biodiversity, pollution mitigation, and ecosystem resilience to environmental hazards, as well as greater food security and human health and well-being.

The success of these NB-SMEEs is either enabled or constrained by interactions within the entrepreneurial context.Footnote ⁴¹ These include societal pressures, norms, regulations, and policies which influence consumption patterns, market structure, and purchase behavior. Currently, NB-SMEEs are growing at a slow pace in the MENA region due to legal and policy barriers in the entrepreneurial context that limit the innovation, establishment, and operationalization of these NB-SMEEs.Footnote ⁴² These barriers hinder the research, innovation, and legalization of NB-SMEEs via a lack of clear implementation guidelines for ecological citizens and ecopreneurs, limited financial channels, lack of social capital and access to land, low capacity to capture and clearly define value, and low market demand for nature-based management solutions.Footnote ⁴³ Section 10.3 discusses the role of law and governance in addressing such barriers to NB-SMEEs in the MENA region.

10.3.1 Lack of Coordinated Implementation of National Biodiversity Strategies

Although several MENA countries have developed National Biodiversity Strategies, institutional barriers that prevent the coherent and holistic implementation of such strategies, including the development of specific strategies that support and facilitate NB-SMEEs, remains a key gap.Footnote ⁴⁸ For example, the Convention on the Conservation of Wildlife and Their Natural Habitats in the Countries of the Gulf Co-operation Council (the GCC Wildlife Convention), Articles 6 and 7, calls for the establishment of governing committees and secretariats focused on monitoring of wildlife and natural habitat.Footnote ⁴⁹ Similarly, the Arab League Educational, Cultural and Scientific Organization (ALESCO) encourages Arab states to collaborate and generate frameworks that provide education and training for community members in protection and conservation practices of nature-based cultural heritage.Footnote ⁵⁰ Also, the Arab Declaration on Environment and Development and Future Prospects calls on Arab states to establish initiatives, polices, and legislation that promote the preservation of natural heritage and the integration of environmental awareness into educational syllabi.Footnote ⁵¹ These instruments emphasize the need for multistakeholder engagement and coordination in the design and implementation of biodiversity policies and programs, including Nature Based Strategies.

Yet across the region, evidence of the establishment of intragovernmental risk management bodies to implement Nature Based Strategies are slow to emerge. Given the wide range of institutions that are responsible for approving and implementing biodiversity entrepreneurship programs, especially finance, environment, commerce, technology, and infrastructure agencies and institutions, the sectoral implementation of Nature Based Strategies and lack of coordination among the wide range of regulatory institutions remains a key hindrance.Footnote ⁵² A lack of coordination among regulatory institutions has led to vulnerabilities in the infrastructure and technologies required for the implementation of innovative nature-based business models.Footnote ⁵³ Governance fragmentation reduces the collaborative capacity and access to financial support required for start-up NB-SMEEs.Footnote ⁵⁴ Furthermore, the lack of harmonized institutional structures and implementation strategies to simplify incorporation requirements and reduce bureaucracy and lengthy procedures creates inefficiency, overlapping responsibilities, and an inability to translate regulations to the local level.Footnote ⁵⁵ Additionally, the lack of specific committees specialized in providing and enforcing standards and principles for implementing NB-SMEE strategies, as well as the lack of effective coordination between related and connected agencies that facilitate approvals of nature-based SMEE projects, hinders coherent implementation.

Furthermore, a lack of specific institutions, organizations, and committees that mainstream NB-SMEEs within national governance remains a key problem.Footnote ⁵⁶ While NB-SMEEs are gaining increased recognition and awareness across the region, the establishment of focal agencies that will spearhead nature-based entrepreneurship and investments remains slow. Institutional harmonization and the creation of strategic governing committees are required to integrate and enforce nature-based implementation regulatory standards, steward financial resources, establish polices that promote collaborations, and broaden financial channels that facilitate the innovation, capacity building, establishment, growth, and upscaling of NB-SMEEs.Footnote ⁵⁷

10.3.2 Unclear Legal Framework for Nature-Based Enterprises

A significant barrier to the growth of NB-SMEEs is the lack of clear and specific mention of biodiversity-focused eco-entrepreneurship and NB-SMEEs in national biodiversity legislation and strategies.Footnote ⁵⁸ Article IX of the African Convention on the Conservation of Nature and Natural Resource, which applies to MENA countries in the Maghreb region, encourages states to integrate conservation practices and programs in regional and urban planning. Article XII calls for legislation that protects and prevents the loss of nature-based cultural heritage, animals, and plants. Article XVII calls for legislation integrated into the intellectual and traditional property and land ownership rights of community members that promote autonomy in conservation and promotion of biological diversity practices. Also, the Arab Declaration to the World Summit on Sustainable Development encourage parties to integrate sustainable management innovations that promote biodiversity and ecosystem conservation while capturing economic value from rich religious and cultural heritage. Yet there is a lack of clear regulatory frameworks and laws that integrate NB-SMEEs into the financial sector, as well as the development and implementation of government projects. Additionally, context-based polices that clearly capture and generate pro-biodiversity projects and increase market demand for nature-based technologies and solutions are generally lacking.Footnote ⁵⁹

To make NB-SMEEs attractive to social entrepreneurs, there is a need for tailored strategies and legislation that address barriers to the development and formalization of such ventures. For example, Ecuador has specifically implemented the PROAmazonia project to “enable economic transformation by supporting local entrepreneurial efforts to sustainably develop non-timber forest products, thus increasing the economic value of the forests, while maintaining ecosystem function and diversifying income sources for local communities.”Footnote ⁶⁰ The project enables social entrepreneurs to access the financing, business registration, resources, and tools needed for them to undertake forest conservation projects. There is a need for MENA countries to specifically design and implement such legal intervention programs and efforts. The lack of tailored legislation and policies that integrate NB-SMEEs into conservation, investment, and financial planning exposes nature-based entrepreneurs to broadly framed business laws and procedures that may not have been designed with environmental conservation in mind. This results in delays and the slow uptake of NB-SMEEs.Footnote ⁶¹

Second, ensuring compliance with environmental impact assessment laws can open up opportunities for NB-SMEEs to emerge. For example, the GCC Wildlife Convention Article 1(3) calls for clear regulations and legislations for environmental impact assessment (EIA) pre-project approval requirements to quantify impact on biodiversity.Footnote ⁶² Similarly, Article 1(3) also calls for GCC countries to enact legislation making environmental assessments compulsory. The Kuwait Regional Convention on Protection of Marine Environment and Protocols require associated parties to draw from international law to develop marine pollution prevention measures.Footnote ⁶³ Virtually all MENA countries have also enacted legislation that mandate EIAs, including the examination of biodiversity impacts, prior to the approval of key development projects.Footnote ⁶⁴ However, gaps in the enforcement of such mandatory EIA standards, especially the tendency of large-scale and politically sensitive projects to evade EIAs, often reduce biodiversity considerations in some projects. Similarly, generalized EIAs without a clear focus on biological diversity and other tangible and intangible conservation needs have been highlighted as gaps in the MENA region.Footnote ⁶⁵ Enforcing EIA standards will automatically increase the need for biodiversity solutions and accelerate the demand for goods and services offered by NB-SMEEs. For example, laws that require the mapping of natural heritage via a remote sensing survey allow the quantifying, characterizing, and raising of awareness of the unique biological diversity for specific regions, as well as specific opportunities of sustainable value creation. Similarly, most marine protected areas in the MENA region have focused more on natural heritage in appraisals and management plans with little emphasis on cultural heritage.Footnote ⁶⁶ This significantly impacts ecotourism business models and limits the governance and support required to establish and grow ecotourism business models. These limitations can engineer the reputational damage of ecological citizens and result in negative impacts on end-users. Ensuring the comprehensive implementation of EIA programs, such as the integration of cultural heritage in marine protection areas, can significantly support and accelerate NB-SMEE growth and upscaling.Footnote ⁶⁷

10.3.3 Unclear Legal Framework on Joint Governance and Partnerships

ALESCO encourages Arab states to collaborate through joint and strategic partnerships with community members and heritage institutions, among others, to integrate social perspectives and develop management strategies that sustainably maximize social value.Footnote ⁶⁸ Yet the lack of comprehensive stakeholder engagement in the design and implementation of biodiversity and nature conservation programs remains a key challenge in the MENA region.

Across the region, public participation in environmental decision-making is often structured in formal institutions such as the Shura Council.Footnote ⁶⁹ While important, such a top-down decision-making approach limits the potential of countries to harness partnerships with nonstate actors such as stakeholders, entrepreneurs, indigenous communities, landowners, and government institutions toward halting and reversing biodiversity loss. The lack of clear and comprehensive laws to define the roles and responsibilities of state and nonstate actors often limits public–private partnerships and the shared governance of biodiversity programs.Footnote ⁷⁰

There is a need for more partnerships for the financing, planning, and implementation of nature-based projects. For example, the World Wide Fund for Nature collaboration with local and global experts to assess the United Arab Emirates’ (UAE) coastal ecosystem and value the natural capital functions by identifying the locations of ecological corridors, evaluating the ecological knowledge, and analyzing the scientific data, which in turn can be used to develop contextual nature-based solutions and intervention strategies for the conservation, restoration, and innovation of NB-SMEEs.Footnote ⁷¹

Substantive collaborations with universities and institutions that promote research and development regarding nature-based innovation and eco-entrepreneurship will also need to be accelerated across the MENA region.Footnote ⁷² The objective of transitioning to a knowledge economy through environmental education, research, and capacity building has been identified in national visions and is a priority in several countries in the region.Footnote ⁷³ While environmental education and entrepreneurship programs are increasing, the need for biodiversity-focused collaborations with higher education institutions remains prevalent. An effective ecosystem management strategy incorporates both scientific and societal-based evidence approaches in identifying and creating pro-biodiversity strategies and conservation practices.Footnote ⁷⁴ ALESCO encourages collaboration and joint action in the area of conservation and protection through organized training and frameworks that promote strategic partnerships and joint actions, and the Arab Declaration to the World Summit on Sustainable Development encourages collaborative efforts toward biological diversity and ecosystem conservation and to develop sustainable management practices with co-benefit values.Footnote ⁷⁵ These instruments underpin the need for regulatory institutions across the MENA region to promote shared programs aimed at accelerating biodiversity-focused entrepreneurship and NB-SMEE business models.Footnote ⁷⁶

11.2.1 Principles of Islamic Finance

To understand the Islamic moral economy system, it is important to examine two key concepts: khilafah (vicegerency) and maqasid al Shari’ah (the objectives of Islamic law).Footnote ³⁴ The concept of khilafah, as mentioned earlier, is similarly foundational to the Islamic financial system. Human beings, as vicegerents on earth, have the responsibility (amana) to inhabit and build a civilization for the good of all humanity and the environment.Footnote ³⁵ This intergenerational responsibility requires good governance to manage resources justly and sustainably and implies the engagement, willingness, capacity, and effort to do so.Footnote ³⁶ This definition is in line with the World Commission on Environment and Development’s definition of sustainable development that meets the needs of the present without compromising the ability of future generations to meet their own needs.Footnote ³⁷

Maqasid al Shari’ah (objectives of Shari’ah) refers to the divine intentions and moral concepts that Islamic law is based on, such as justice, human dignity, free will, and social cooperation.Footnote ³⁸ The objectives of Shari’ah, according to Imam Al-Ghazali, are to promote the well-being of all humans, which lies in safeguarding their din (faith), nafs (human self/life), ‘aql (reason/intellect), nasl (posterity), and mal (wealth). Anything that ensures the safeguarding of these five serves the public interest and is deemed maslaha (good), while anything negatively impacting them is deemed mafsadah (prejudice).Footnote ³⁹ Contemporary scholars have integrated new objectives linked to contemporary global issues such as human life and dignity, and environmental preservation, which includes the protection of the environment against damage, pollution, and excessive use of its natural resources.Footnote ⁴⁰

In addition to striving to achieve the objectives of Shari’ah in all its activities, Islamic finance should not involve elements contrary to Shari’ah principles. According to Hanif, there are four basic principles of Islamic finance: (1) the business or project must be halal (permitted), precluding businesses and any income generated from prohibited businesses related to alcohol, pork, prostitution, and gambling; (2) the prohibition of riba (interest) in the financial agreement, as stated in the Quran and Sunnah;Footnote ⁴¹ (3) the prevention of gharar (uncertainty) when conducting a trade (gharar refers to an undetermined liability, uncertain item of payment, and ambiguous transfer of goods and services of parties involved in a transaction); nd (4) the prohibition of myser (gambling), unlawful wealth acquisition, or a means of obtaining wealth easily by chance, through seizing other’s rights or otherwise.Footnote ⁴²

Islamic finance also strives to ensure that transactions are linked to real economic activities or transactions and that Islamic financial instruments emphasize risk sharing and equal profit-and-loss sharing through different means of financing, including profit-and-loss sharing partnerships (mudarabah), profit-and-loss sharing joint ventures (musharakah), and Shari’ah-compliant lending instruments (sukuk).Footnote ⁴³ Risk sharing aligns with Islamic finance principles of shared responsibility and facilitates equitable distribution of gains and losses, promoting ethical financial practices.

11.3.1 Viability of Islamic Financing of Nature and Biodiversity

The Islamic finance market grew globally by between 10 percent and 15 percent annually from 2000 to 2012, attracting Muslim and non-Muslim countries.Footnote ⁵⁵ Shari’ah-compliant assets rose by more than 160 percent between 2009 and 2011, and in 2016, the industry held about US$1.6 trillion in banking assets concentrated in the GCC countries.Footnote ⁵⁶ The Islamic Finance Development Report 2022 showed that the global Islamic finance industry demonstrated resilience and growth, outperforming pre-COVID levels with a total asset rise of 17 percent reaching US$4.0 trillion, expanding the industry’s influence and size. The largest sector, Islamic banking, accounting for 70 percent of the Islamic finance industry grew by 17 percent to US$2.8 trillion, partially due to continued high demand for Islamic banking, especially from noncore Islamic finance jurisdictions, signaling the growth of new markets and the plateauing of the sector in the more mature jurisdictions.Footnote ⁵⁷

The Islamic Finance Development Indicator (IFDI) provides Islamic finance stakeholders such as governments and financial institutions with a detailed analysis of key factors driving the development and growth of the Islamic financial industry worldwide. As of 2021, the GCC sits at the top IFDI scores by region, followed by Southeast Asia, South Asia, and other MENA countries. Saudi Arabia ranks 2nd, Bahrain 4th, Kuwait 5th, the United Arab Emirates (UAE) 6th, Oman 7th, Qatar 9th, Jordan 13th, and Sudan 14th out of the 136 countries assessed.Footnote ⁵⁸ The GCC and MENA regions come in first and second place when analyzing Islamic Finance Assets by Region at US$1,617 billion and US$1,300 billion, respectively.Footnote ⁵⁹ Similarly, Islamic Banking Assets amount to US$1,188 billion and US$1,100 billion, respectively.Footnote ⁶⁰ The reverse is true for Takaful Assets, the smallest of the Islamic finance industry, accounting for just 2 percent of total global Islamic finance assets, with other MENA countries coming in first at US$30,080 billion followed by GCC countries at US$23,597 billion.Footnote ⁶¹

A major contributing factor to its rise and growth is its foundation in equity-based principles, namely: (1) risk sharing and profit-and-loss sharing between the provider and beneficiary of capital, making suppliers of funds investors instead of debtors; (2) asset-based transactions which link financing directly with underlying assets and “real” sector activity; (3) prohibition of interest and speculative behavior which discourages hoarding and prohibits extreme uncertainty, risk, and gambling; and (4) sanctity of contracts and preservation of property rights.Footnote ⁶²

The philosophies of sharing risk and linking finance to the real economy limit the amount of debt created as it cannot exceed the value of the physical asset. Barring derivative instruments for speculation would make the system comparatively resilient and stable.Footnote ⁶³ This is evidenced by Calderone et al., quoting Beck et al., when they state that this makes Islamic banks better capitalized, have higher asset quality, and be less likely to disintermediate during crises and, hence, enjoy better stock performance during the recent financial crisis.Footnote ⁶⁴ Islamic finance promotes transactions that are based on profit-and-loss sharing, which contributes to macroeconomic and financial stability.Footnote ⁶⁵

Not only is Islamic finance, with assets currently at US$2.5 trillion and expected to reach US$3.8 trillion in 2022, well placed to create instruments that drive capital toward the SDGs,Footnote ⁶⁶ but also that it is a stable, less risky industry that is resilient, making it a good alternative for investors.

Regarding sustainability, MENA countries adopted sustainability guidelines through ESG disclosure, SRI, or green sukuk, further aligning Islamic finance with global sustainability trends. Saudi Arabia’s stock exchange launched ESG disclosure guidelines in October 2021. Oman’s Capital Market Authority announced it was developing sukuk regulations that cover SRI, including social (waqf), sustainable, and green sukuk, in July 2021. Kuwait also amended their regulations in February 2022 to introduce new types of bonds, including green and sustainable sukuk.Footnote ⁶⁷ This shows the promising growth and development of the Islamic finance industry in the MENA region that can be galvanized to support biodiversity, with the use of Islamic financial instruments helping fill in the financial gaps needed for countries in the MENA region to advance green and sustainability projects, especially through the use of green sukuk.

In 2018, Indonesia successfully issued the world’s first sovereign green sukuk worth US$1.25 billion as part of its initiative to combat climate change.Footnote ⁶⁸ It raised US$2 billion in private investments and financed twenty-three public green and sustainable projects.Footnote ⁶⁹ Since then, research has been conducted on how green sukuk could serve as financing to combat climate change issues.Footnote ⁷⁰ Green sukuk has been promoted as one of the Islamic financial instruments to fulfill the sustainability gaps in achieving the SDGs,Footnote ⁷¹ as a financing tool for green projects in the wind energy sector in Italy,Footnote ⁷² for financing sustainable waste management projects in Indonesia,Footnote ⁷³ as the tool to fill the financing gap for green projects to mitigate climate change and achieve SDGs in sub-Saharan Africa,Footnote ⁷⁴ and to be considered along with cash waqf to help finance afforestation programs by Organization of Islamic Cooperation countries.Footnote ⁷⁵

Sukuk is the second-largest asset sector in the global Islamic finance industry, growing by 14 percent to US$713 billion in sukuk outstanding. The issuance of ESG sukuk has reached a new high of US$5.3 billion, led by Saudi Arabia, and continued growth is expected with the mainstreaming of ESG investments and the strong GCC demand to use sukuk to help fund green and sustainability transition projects. Sukuk issuance in Saudi Arabia grew by 31 percent, from US$38 billion in 2020 to US$49.9 billion in 2021. Malaysia, a more mature sukuk market, grew by 11 percent over the same period.Footnote ⁷⁶

Other studies also support other tools, such as the role of zakat in supporting green economic growth in Malaysia.Footnote ⁷⁷ Redistributive systems such as zakat (obligatory donations), sadaqah (voluntary donations or charity), and waqf (endowments on property made to religious, educational, or charitable causes) are all viable tools for Islamic social financing for environmental protection. The UNDP and the Islamic Development Bank (IsDB) estimated that zakat alone could help mobilize US$200 billion to US$1 trillion annually for the SDG agenda.Footnote ⁷⁸ The Organisation for Economic Co-operation and Development cites estimates of awqaf assets between US$410 billion and US$3 trillion, with an estimated return of US$150 billion annually.Footnote ⁷⁹ These can potentially be used to finance SDGs and CBD and GBF targets.

Article 20 of the CBD committed developed countries to provide new and additional financial resources to meet the costs of implementing measures that fulfill their obligations to the convention.Footnote ⁸⁰ Although higher levels of resources do not always guarantee higher levels of conservation or sustainable use of biodiversity, research shows that, on average, more resources allocated to biodiversity activities are associated with reduced biodiversity loss.Footnote ⁸¹

Financial inclusion strategies can ensure that low-income earners, individual producers, women’s collectives, and small and medium-sized enterprises (SMEs), especially those active in arid and semi-arid lands, can access and use formal financial services. Expanding financial inclusion is often seen as a philanthropic activity rather than a business enterprise; for example, in the context of Islamic microfinance, there is a tendency to view zakat as the only appropriate source of funding, but charity is not necessarily the best model for developing larger and more reliable commercially motivated streams of funding.Footnote ⁸² These include Islamic microfinance solutions such as qard hassan (interest-free loans), ijara (leasing), and takaful (mutual guaranteed insurance), cooperative models such as mutual insurance based on a group of participants donating funds into a pool that members can then use in the event of specified unfavorable circumstances and expand investment opportunities and reach. The IsDB recognized this and called on experts in Islamic finance to develop new semi-formal Islamic microfinance products for entrepreneurs and SMEs.Footnote ⁸³

Countries in the MENA region can look to Indonesia as an example of how complementary different forms of Islamic finance can be, where zakat, Islamic microfinance, and waqf can uplift people from poverty. At the same time, sukuk can unlock investment to promote inclusive and sustainable economic growth.Footnote ⁸⁴

11.4.1 Lack of Standardized Green Islamic Finance Legislation and Policies

One of the most significant barriers to the widescale adoption of Islamic green finance is the absence of clear and standardized legal frameworks and policies that tackle the unique nature and risks of the Islamic finance industry.Footnote ⁸⁷ Islamic banks face unique risks that challenge their legal and regulatory frameworks. The industry has two key standard-setters: the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) for Shari’ah accounting and auditing standards and the Islamic Financial Services Board (IFSB) for regulatory and supervisory standards.Footnote ⁸⁸

The application of these standards, however, is not uniform across countries. A recent International Monetary Fund survey shows that, to date, standards set by the AAOIFI and the IFSB are applied in only a limited number of countries. Of the twenty-nine countries surveyed, eight apply AAOIFI accounting standards and six apply IFSB standards regarding risk management. The lack of consistent application of AAOIFI and IFSB standards, especially in countries where Islamic banks are active, risks undermining transparency and creates scope for “regulatory arbitrage.” Increased regulatory clarity in banking laws and regulations and enhanced dialogue between Islamic standard-setters and national regulators are needed.Footnote ⁸⁹

There is also a wide range of approaches regarding the regulatory framework for Islamic banking. Saudi Arabia and the United Arab Emirates indicated that a single integrated regulatory framework applied to all banks, with no reference to Islamic banking or Islamic banks; Jordan and Qatar noted that a single integrated regulatory framework applied to all banks, with references identifying provisions applying only to Islamic banking; Bahrain, Iraq, and Kuwait pointed out that there were two separate independent regulatory frameworks, one for Islamic banking and another for conventional banking; and Lebanon and Syria indicated the existence of a mixed approach, with a similar regulatory framework adopted for areas that apply to Islamic and conventional banks but separate guidelines and regulations issued for areas that are specific to Islamic banking.Footnote ⁹⁰

Cross-border operations have expanded without regulatory harmonization, and these developments indicate a need for increased regulatory clarity and harmonization, closer cooperation between Islamic and conventional financial standard-setters, and further enhancement of tools for adequate supervision.Footnote ⁹¹ Regulators also do not always have the capacity or willingness to ensure Shari’ah compliance, undermining the consistency of approaches within and across borders. Greater harmonization should be sought across and within countries, including through better implementation of existing standards for Shari’ah governance and possibly by establishing central boards at the national level.Footnote ⁹²

For Islamic green financing to be successful, robust, standardized, and comprehensive, environmental laws and policies need to be in place. Given the growth rate of Islamic financing in the MENA region and its increasing importance, governments need to provide supportive legal and regulatory frameworks to accelerate the recognition, financing, and implementation of Islamic green financing. Fast-tracking the adoption of robust environmental standards, climate change legislation, and renewable energy policies could open up green investment, which will not only achieve environmental objectives but could also stimulate social and economic co-benefits and progress.

11.4.2 Gaps in the Shari’ah Governance Framework and Challenges in Implementation

Despite efforts to set Islamic finance standards, in many countries, the industry is governed by a regulatory and supervisory framework developed for conventional finance that does not fully consider the unique nature of Islamic finance.Footnote ⁹³ The industry also operates in an environment where legal and tax rules, financial infrastructure, and access to financial safety nets are either absent or, if available, do not adequately consider the unique characteristics of Islamic finance.Footnote ⁹⁴

There is also a lack of a clear and detailed contractual framework that allocates risks.Footnote ⁹⁵ Given that the application of Islamic financing for green and SDG-linked projects is still in the early stages of development, clear and detailed information on how risks, returns, and responsibilities will be allocated are yet to emerge comprehensively, which could deter investors.

The issuance of sukuk, for example, in many countries takes place without a comprehensive strategy to develop the domestic market. Richardson, in his comparative study of responsible sukuk, including green sukuk, showed some of the challenges faced, such as those experienced by the UAE in promoting green sukuk due to a lack of practical actions, internal sustainability programs, and legal and guidance frameworks.Footnote ⁹⁶ National authorities should develop the necessary infrastructure, enhance clarity over investors’ rights, and provide a benchmark for the private sector.Footnote ⁹⁷

Insufficient guidelines on standard operating procedures and templates, and unclear Shari’ah audit requirements, among other things, also raise concerns about the consistency and effectiveness of the Shari’ah governance process across Islamic financial institutions (IFIs), as it leaves room for interpretation and variation in the implementation of Shari’ah compliance measures, leading to discrepancies and challenges in ensuring uniform processes and standards of compliance within the industry, promoting adherence to best practices, and ensuring that IFIs are well equipped to meet Shari’ah governance requirements effectively.

Calderone et al. list several other challenges, especially when expanding Islamic financial services. They include a lack of regulatory clarity, outdated credit assessment techniques, lack of systemic market analysis, the absence of risk-based client identification and eligibility criteria, weak customer protection, low investment in developing financial skills and capabilities, and efforts in building trust in product authenticity.Footnote ⁹⁸

AAOIFI issues standards on the Shari’ah Governance of Islamic Finance Institutions regarding responsibility, transparency, and adherence to Shari’ah standards. These are essential for building public trust in the integrity and sanctity of IFIs’ business practices.Footnote ⁹⁹ However, studies have shown gaps in Shari’ah governance frameworks and challenges regarding their implementation.

Transparency and accountability mechanisms also need to be tightened. A survey by Hasan found that among IFIs, only 23 percent in the GCC properly examined the Shari’ah Board’s performance and contribution to Shari’ah compliance issues. This highlights a deficiency in governance practice, as regular evaluation of Shari’ah Board members’ performance is essential to maintain competence and prevent conflicts of interest.Footnote ¹⁰⁰ Independence is another major factor. Farook and Farooq concluded that appointing scholars by management or shareholders of Islamic banks and financial institutions and their remuneration by the same entities raises concerns about conflicts of interest.Footnote ¹⁰¹

Studies which have evaluated the socially responsible performance of IFIs also highlighted the concern of IFIs with being only focused on Shari’ah compliance rather than being proactive in becoming socially responsible and impactful.Footnote ¹⁰² This has translated into lagging behind global ESG initiatives by not becoming signatories to principles such as the Equator Principles, UN Principles for Responsible Investment, and the Global Reporting Initiative.Footnote ¹⁰³ Furthermore, they are lagging behind SRI practices in their corporate social reporting policies. Many financial institutions returned weak reporting scores; however, Oman, Bahrain, and Kuwait are generally making good strides for the GCC and MENA regions.Footnote ¹⁰⁴

11.4.3 Capacity Gaps

A lack of capacity and competency is one of the biggest issues. Although research by Hassan et al. conducted in Saudi Arabia demonstrated that respondent’s knowledge and application of the Shari’ah Governance Framework’s goals was strong,Footnote ¹⁰⁵ this is not the case for other MENA states. A study in Oman showed that the Central Bank of Oman was more lenient in appointing Shari’ah Supervisory Board members due to a limited number of experts.Footnote ¹⁰⁶

To successfully navigate the entire project chain of an Islamic green-financed project requires skill and sophistication. To promote Islamic green financing, it is vital to strengthen the capacity of IFIs in core areas of green technology, SDGs, and environmental law. It can be improved in many countries through tailored capacity development programs. Financial institutions can also improve their internal capacity by employing environmental lawyers and practitioners trained to assess legal risks across the entire value chain of environmental and biodiversity projects.Footnote ¹⁰⁷

11.4.4 Shari’ah Compliance Concerns

The absence of a clear operational framework for all financial intermediaries in the early days of Islamic finance was deeply challenging. While developing models, Islamic finance experts adopted the “replication approach,” integrating Shari’ah elements into conventional financial products and eliminating noncompliant aspects.Footnote ¹⁰⁸ Although this approach facilitated the industry’s growth, it now faces criticism for not fully embodying Islamic finance’s true spirit and objectives.Footnote ¹⁰⁹

The director of the Durham Centre for Islamic Economics and Finance highlighted the growing concerns with norms in the Islamic finance industry moving closer to conventional finance. He states that pursuing perceived benefits using maslahah (public interest) has led to a convergence of Islamic finance with mainstream, conventional banking practices resulting in questions regarding the essence versus the form of Islamic finance.Footnote ¹¹⁰

Maslahah has been employed in controversial practices such as organized tawarruq (financing option involving purchasing items on credit and selling to a third party for cash), as it is believed that stakeholders, including Muslims, are not only looking for Shari’ah compliance but also pricing parity and would shift to conventional finance if they did not have access to products that offer competitive pricing compared to conventional alternatives.Footnote ¹¹¹ Some concerns around tawarruq lead to an industry heavily reliant on debt-based financing contracts rather than equity-based financing through real economic activities and risk sharing among parties involved.Footnote ¹¹² Tawarruq currently holds a dominant position in the Islamic finance market in Malaysia despite being banned by scholars from the GCC due to its resemblance to interest-based loans.

Rosly echoed these sentiments, stating that this convergence raises concerns about whether the industry has maintained its distinctiveness in substance or merely in appearance, especially considering instruments such as tawarruq, which have started to resemble interest-bearing loans, blurring the lines between Islamic and conventional banking.Footnote ¹¹³ Kamali also asserts that due to numerous transformations and the industry’s increasing resemblance to conventional products, Islamic finance is facing a significant challenge in terms of losing its stakeholders’ credibility and confidence. This erosion of confidence may result from the industry’s deviation from its original values, spirit, and objectives.Footnote ¹¹⁴

Hence, it becomes imperative to critically assess the extent of similarities between Islamic finance and its conventional counterpart. While Islamic finance initially aimed to not only fulfill economic needs but also provide a moral and ethical alternative to conventional finance, the evolving landscape and practices within the industry warrant careful consideration and reflection on its alignment with these founding principles.

12.2.1 The Emergence of an Ecosystem Approach: A Response to the Need for the Protection of International Watercourses

As earlier mentioned, the duty to “protect and preserve the ecosystems of international watercourses” is an independent obligation of riparian states. In other words, watercourse states are obliged not only “to utilize an international watercourse in an equitable and reasonable manner but to exercise due diligence to protect and preserve watercourse ecosystems.”Footnote ³⁷

The ecosystems approach has principally emerged under the auspices of the 1992 Convention on Biological Diversity (CBD).Footnote ³⁸ Article 2 of the CBD provides that “[e]cosystem means a dynamic complex of plant, animal, and micro-organism communities and their nonliving environment interacting as a functional unit.” Therefore, an “ecosystem approach” requires consideration of the whole system rather than individual components.Footnote ³⁹ It aims to advance the integrated management of land, water, and other aspects of the ecosystem in a manner that advances wetland preservation as well as biodiversity.Footnote ⁴⁰

In accordance with Article 1 of the CBD, the conservation of ecosystems is one of its three main objectives and Article 8(f) obliges state parties to “rehabilitate and restore degraded ecosystems.” Some of the provisions of the CBD may be regarded relevant in the protection of international watercourses too. These include the duty to cooperate “through international organizations for conservation and sustainable use of biological diversity,”Footnote ⁴¹ the identification of “processes and categories of activities which have or are likely to have significant adverse impacts on the conservation and sustainable use of biological diversity, and monitor their effects through sampling and other techniques,”Footnote ⁴² impact assessment and minimizing adverse impacts,Footnote ⁴³ and an exchange of information.Footnote ⁴⁴ As elaborated under the CBD regime, it “prioritizes conservation with a view to ensuring ecosystem functioning and resilience. It conditions sustainable use to the taking into account of the limits of ecosystem functioning and promotes connectivity.”Footnote ⁴⁵

To advance the ecosystem approach, the fifth meeting of state parties adopted a set of principles to guide the practical implementation of the ecosystem approach,Footnote ⁴⁶ and the United Nations Economic Commission for Europe (UNECE) adopted the 1993 Guidelines on the Ecosystem Approach in Water Management.Footnote ⁴⁷ Article 20 of the Watercourses Convention should be read along these lines as well. Also, the general obligation to “protect and preserve the ecosystems of international watercourses” should be read with respect to the principle of equitable and reasonable utilization set out in Article 5 of the Watercourses Convention. According to the International Law Commission commentary on Article 20, “[t]he obligation to ‘protect’ the ecosystems of international watercourses is a specific application of the requirement contained in Article 5 that watercourse States are to use and develop an international watercourse in a manner that is consistent with adequate protection thereof.”Footnote ⁴⁸

A similar obligation has been adopted under Article 23, which provides that “Watercourse States shall … take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards.” While the article emphasizes on the “marine environment,” the obligation set forth in Article 23 is not, however, to protect the marine environment, per se, but to take measures “with respect to an international watercourse” that are necessary to protect the environment.Footnote ⁴⁹

In the years after the adoption of the Watercourses Convention, many international conventions and instruments,Footnote ⁵⁰ creating regimes for the utilization of watercourses, have moved beyond the traditional doctrines of the utilization of international watercourses. As McIntyre has argued, the ecosystem-oriented approach has become a normative one that should be taken into account in any regime of utilization and protection of international watercourses.Footnote ⁵¹ He notes that “[i]t is possible to discern, from the recent practice of States and international organizations in relation to shared water resources, a shift in emphasis from a purely territorial and resource utilization focus, to a more ecosystem-oriented approach.”Footnote ⁵² In his recent article he concluded: “As the so-called ‘ecosystems approach’ receives ever wider and more emphatic support among the international community, any remaining doubts regarding its normative status in international water resources law must inevitably recede.”Footnote ⁵³

While the required measures for implementation of the “ecosystems approach” are not much developed,Footnote ⁵⁴ this approach should be regarded as a response to the need for the protection of international watercourses. The reality is that when the continued existence of an international watercourse ecosystem is under threat, there would not be a clear view for the sustainable utilization of such a watercourse, thus the environmental protection of the ecosystem itself is an inevitable obligation.

The Colorado River, and the resulting deterioration of the ecosystem of the Colorado Delta,Footnote ⁵⁵ is a dramatic example in this regard.Footnote ⁵⁶ Due to the overallocation of the waters of the Colorado, freshwater flows into the delta have been reduced by nearly 75 percent during the course of the twentieth century, resulting in a concomitant reduction of delta wetlands to about 5 percent of their original extent.Footnote ⁵⁷ The delta’s current ecological condition is characterized by dried mudflats, vegetation loss, and species endangerment. Stakeholders now advocate the addition of a minute to the 1944 Treaty between the USA and Mexico governing allocation of the waters of the river,Footnote ⁵⁸ which would expressly dedicate water to delta conservation.Footnote ⁵⁹

12.2.2 The Legal Status of Ecosystem Obligations

There are divergent views regarding the legal status of ecosystem obligations. While commentators such as Fuentes,Footnote ⁶⁰ and Brunée and Toope,Footnote ⁶¹ are reluctant to recognize these obligations as customary, it would appear that the International Law Commission has taken a different approach by declaring that “[t]here is ample precedent for the obligation contained in Article 20 in the practice of States and the work of international organizations,” before proceeding to list a wide range of relevant authorities.Footnote ⁶² McCaffrey and McIntyre have reached the same conclusion.Footnote ⁶³ McCaffrey, after referring to three principles expressed in the convention (i.e. equitable and reasonable utilization, not to cause significant harm, and to notify potentially affected riparian states of the planned measures on an international watercourse), concluded that “other provisions of the Convention, such as some of those relating to the environment, are closely related to, or even flow from these principles. To the extent that these provisions are based on the fundamental principles, they too might be said to reflect custom.”Footnote ⁶⁴

The ecosystem approach creates an obligation of conduct,Footnote ⁶⁵ which encompasses an obligation of due diligence.Footnote ⁶⁶ As the International Law Commission commentary cited: “As with the obligation to ‘protect’ ecosystems under Article 20, the obligation to prevent pollution ‘that may cause significant harm’ includes the duty to exercise due diligence to prevent the threat of such harm.”Footnote ⁶⁷ Thus it cannot be read as an absolute or an obligation of result.Footnote ⁶⁸ The most significant procedural due diligence requirements include early interstate notification and consultation, and where necessary negotiation, in respect of potentially harmful planned projects or uses of international watercourses. Each can only meaningfully be performed in conjunction with an environmental impact assessment (EIA) which includes the transboundary effects of the project in question.Footnote ⁶⁹

Notwithstanding the clear status of ecosystem obligation in current international environmental law, “the precise implications of an obligation to protect the ecosystems of international watercourses are not altogether clear.”Footnote ⁷⁰ The retroactive effect of the ecosystem approach can result in implementation challenges. By recognizing the normative and customary status of the ecosystem approach, watercourse states are under a duty to protect the ecosystems of international watercourses.Footnote ⁷¹ This includes the obligation to take into account all environmental considerations, including the survival of the ecosystems of international watercourses, in any ongoing and future agreements on the management or allocation of water resources. In this regard, the Economic Commission for Europe’s handbook on water allocation in a transboundary context declares that, “in modern water allocation arrangements environmental needs are assessed and an environmental reserve is recommended to be set aside before allocating water to other uses.”Footnote ⁷² However, the retroactive application of a new normative approach to previous customary water shares and contractual management of international watercourses is problematic.

Article 23 of the Watercourses Convention obliges watercourse states to take all measures that are necessary to protect and preserve the marine environment of international watercourse, “taking into account generally accepted international rules and standards.” If the phrase “generally accepted international rules and standards” is seen as a dynamic criterion, the major parts of the problem will be solved. The International Law Commission commentary provides that “[t]he phrase refers both to rules of general international law and to those derived from international agreements, as well as to standards adopted by states and international organizations pursuant to those agreements.”Footnote ⁷³ As a result, one cannot consider the “rules of general international law” as a static one.

In the Gabcikovo-Nagymaros Project case (Hungary v Slovakia),Footnote ⁷⁴ the International Court of Justice (ICJ) had an opportunity to deal with this problem when “Hungary argued that subsequently imposed requirements of international law in relation to the protection of the environment precluded performance of the Treaty,”Footnote ⁷⁵ and “Slovakia argued, in reply, that none of the intervening developments in environmental law gave rise to norms of jus cogens that would override the Treaty.”Footnote ⁷⁶ The ICJ held that

A careful reading of Article 19 of the 1977 treaty shows that, like Article 23 of the 1997 Watercourses Convention, this article is exposed to divergent interpretations. On the other hand, the ICJ, by recalling its opinion that “the environment is not an abstraction but represents the living space, the quality of life and the very health of human beings, including generations unborn,”Footnote ⁷⁹ and the necessity of assessment of “environmental risks on a continuous basis,” has considered the phrase “environmental norm” to be a dynamic standard.Footnote ⁸⁰ The court has concluded that “new norms have to be taken into consideration, and such new standards given proper weight, not only when States contemplate new activities but also when continuing with activities begun in the past. This need to reconcile economic development with protection of the environment is aptly expressed in the concept of sustainable development.”Footnote ⁸¹

In parallel with the ICJ, the Permanent Court of Arbitration has unequivocally found that:

Therefore, it can be concluded that while the ecosystem approach is a new customarily emerged normative standard in the regime of the utilization of international watercourses, it should be taken into account in the interpretation and application of both the previous and recent water management agreements. The importance of this finding is shown in Section 12.3, where the critical situation of the Hamun international wetlands makes it necessary to revise the Hirmand River agreement for allocating environmental water share. In Section 12.3 the legal and institutional challenges of the ecosystem approach are discussed.

12.3.1 The Hamun International Wetlands

As the third largest lake in Iran,Footnote ⁸³ the Hamun wetlands consist of three separate lakes that join to form one large wetland when completely under water.Footnote ⁸⁴ Hamun-Hirmand is in the south/southwestern part, Hamun-e-Sabereen is the northwestern part, and Hamun-e-Pouzakare is located in the northeastern part of the Sistan Plain.Footnote ⁸⁵ The Sistan Basin lies on the Iran–Afghanistan border. Melted snow from the Hindu Kush Mountains of Afghanistan nourishes this dry basin. The Helmand River carries the snowmelt across the Margo Desert and into the Sistan Basin, where the water pools into Lake Hamun.Footnote ⁸⁶

Hamun has been registered as the first Iranian wetland in the List of Wetlands of International Importance of the Ramsar Convention.Footnote ⁸⁷ Due to the natural importance of Hamun Lake, Iran has proceeded to register it in the list of United Nations Educational, Scientific and Cultural Organization World Heritage sites (Natural Site) as well.Footnote ⁸⁸ Hamun is a spring season lake. In seasons of high precipitation, the area of lake is about 5,700 km². Approximately 3,800 km² of its area lies within Iranian territory and the rest is located in Afghanistan. The lake has great habitats and an abundant variety of flora and fauna. A considerable number of peregrine birds migrate here from distant places. It has been a place of residence since 4000 bc, nomads have been lived here for long time, and the place enjoys a great variety of scenic beauty.Footnote ⁸⁹

Hamun is located in an extremely arid area which is known for its dust storms and droughts. Therefore, notwithstanding the annual short rainfall in the region, over 90 percent of the total flow to the lake is provided by transboundary Hirmand/Helmand River.Footnote ⁹⁰ Further, climate change and the unsustainable management of natural resources, including damming by Iran and Afghanistan, have exacerbated the situation in the region such that, over the past twenty years, Hamun has completely dried up. Only in rare years, with an increase in rainfall, have small sections of the lake reappeared.Footnote ⁹¹ The Helmand River, at approximately 1,300 km in length, is the longest river in Afghanistan. Originating from the Koh-e Bābā heights of the Hindu Kush Mountain range (about 40 km west of Kabul), draining the entire southwestern portion of Afghanistan (approximately 100,000 square miles), the river moves southwest toward the Iranian border, passing through the provinces of Wardak, Oruz-gān, Helmand, and Nimruz. South of Zaranj, the river flows northward, forming the Afghanistan– Iran border for 55 km before emptying into the Hamun lakes.Footnote ⁹²

The Helmand median annual water output is 2.200 million cubic meters and, although its course runs mainly through Afghanistan, its most irrigable banks lie in Iran. “The Sistan provinces in both countries depend on the Helmand almost as much as Egypt does on the Nile.”Footnote ⁹³

12.3.2 The Legal Challenge of the Application of an Ecosystem Approach

12.4.1 Need for Official Incorporation of the Ecosystem Approach

The application of an ecosystem approach to international agreements should be analyzed on a case by case basis.Footnote ¹²⁹ Notwithstanding the experience of other legal disciplines, such as the CDB,Footnote ¹³⁰ the precise implications of this approach, to protect the ecosystems of international watercourses, are not altogether clear enough.Footnote ¹³¹ While some academic work has been done in this regard,Footnote ¹³² further normative steps, even through soft law instruments, would be required in order to clarify the implication of this approach. Such steps have already been taken by the adopting the “principles of the ecosystem approach,”Footnote ¹³³ under the framework of the CBD, by the CBD/COP) at its 5th meeting. Parties, and other government and international organizations, have been called upon to apply the ecosystem approach by giving consideration to these principles.Footnote ¹³⁴ A similar normative endeavor is recommended under the Ramsar and Watercourses Conventions.

13.3.1 Protected Areas Legal Regime

Protected areas in Morocco were governed by a law dating from 1934, which served to establish the existing national parks.Footnote ⁵⁷ The PDAP of 1996 aimed to establish an inventory of potential sites for the creation of protected areas. These SIBEs are classified in this plan in categories according to the priority of their subsequent classification as protected areas by law. This law was passed in 2010 (Law 22-07).Footnote ⁵⁸

First, the law provides a definition of protected areas. This definition includes both terrestrial and marine areas. The law establishes five categories of protected areas based on the IUCN categories.Footnote ⁵⁹ Law 22-07 repeals the National Parks Act of 1934. As a result, the existing national parks should be placed in one of the new categories established by the new law (Article 40).Footnote ⁶⁰ The same is true for SIBES, which by virtue of their classification in one of these categories will become legally binding protected areas.

In what follows, we first briefly introduce the main provisions of Law 22-07 by explaining the definition and categories of protected areas and then the process and conditions of their management.

13.3.2 In Search of the Legal Status of MPA-Fs: Legal Barriers and Challenges

How can we situate the MPA-Fs within the legal and institutional framework applicable to the protection of biodiversity in Morocco? As we have seen, three MDs (or Orders given by the Ministry of Fisheries) deal with the legal regime of these MPA-Fs. However, these MDs do not specify anywhere that they relate to MPAs. In fact, these Orders are referring to “maritime areas” in the Atlantic or Mediterranean where the regulation of fishing for certain species seems relevant due to specific circumstances and particular usages (as stated in the 2011 Decree to which these MDs are referring). So, are these areas truly meeting the criteria of being MPAs? Before addressing these questions, it is important to examine why MPA-Fs were not established under Law 22-07.

13.4.1 The Necessary Integration of MPA-Fs into the Protected Areas Act (Law 22-07)

An analysis of the categories established by Law 22-07 reveals that the most suitable category for MPA-Fs would be the natural park category or the national park category. In fact, the other categories (biological reserve, natural reserve, natural site) are more specifically focused on the conservation of the biodiversity, while MPA-Fs as mentioned focus on the sustainable use.

MPA-Fs could correspond to the category of natural park, which is the second category of protected areas created by the law under Article 5. Indeed, as mentioned earlier, the natural park could encompass ecosystems representing a particular interest “which it is advisable to protect and develop, while ensuring the maintenance of its ecological functions and the sustainable use of their natural resources.” This definition recalls the definition of the IUCN Category VI discussed earlier.Footnote ⁸⁷ In fact, this category also has social and economic objectives in addition to conservation. It is the most widely used protected areas category, especially in developing countries.Footnote ⁸⁸ Indeed, it includes almost 40 percent of all protected areas worldwide (terrestrial and marine).Footnote ⁸⁹ This possibility was indeed discussed during the negotiation process of MPA-Fs. We have previously analyzed that MPA-Fs do not entirely fulfill the conditions required to incorporate Category VI into the IUCN categories.Footnote ⁹⁰

MPA-Fs could also correspond to the category of national park as it is defined by Law 22-07, as mentioned earlier, as a natural area, terrestrial and/or marine, whose purpose is “to protect biological diversity […] and to offer the public opportunities to visit, for cultural, scientific, educational, recreational and tourist purposes, while respecting the natural environment and the traditions of the local populations.” While this definition does not expressly mention fishing as an activity allowed in the national park, we could make an analogy with tourism, which is tolerated to a certain extent in the national park. The integration of MPA-Fs in one of these categories will necessitate the amendment of the MDs establishing them. These decisions should adopt a clear definition of attributions and responsibilities in MPA-Fs.

13.4.2 The Need for a Clear Definition of Attributions and Responsibilities in MPA-Fs

The amendment of the MPA-F regulations would be facilitated by the adoption of the new decree of 2021 for the application of Law 22-07.Footnote ⁹¹ Indeed, under this decree, MPAs would be managed by the Department of Maritime Fisheries, while MPAs would be partially managed by this department and by the Department of Water and Forests. This distribution of competences could facilitate the creation of future MPAs and the implementation of Law 22-07. Therefore, these existing fishing-oriented MPAs could be transitioned into the new protected area framework, ensuring their proper designation as genuine protected areas. Nevertheless, the amendment of the legal status of the MPA-Fs would require a comprehensive review of their legal provisions to better align them with the purpose of sustainable use. In this regard, it is crucial to take into account the scientific advice and the aforementioned IUCN conditions to create this kind of MPA.

Once reverted to the legal status of protected areas under Law 22-07, the MPA-Fs should encompass effective measures to ensure their management according to the objectives of the CBD. First, the new regulations should clearly identify the administrations and entities in charge of the management of each MPA-F and clarify their missions. While the decree of 2021 clarifies who is in charge of MPAs, it does not detail the missions of each department according to the different categories of MPAs. The fact that these two departments are now merged into one ministry does not suffice to resolve the issue of attributions responsibilities, which is crucial for the efficient management of the MPAs.Footnote ⁹² Second, it is important that the management plan of the MPA-F is made public and has a binding effect.

13.4.3 The Need for Robust and Binding Management Plans

As mentioned earlier, the initial management plan elaborated for the MPA-Fs was never published in the official bulletin. This lack has resulted in rendering the MDs establishing the MPA-Fs legally nonbinding.

Moreover, from a procedural standpoint, the management plan should adhere to the stipulations outlined in the Law on Protected Areas, as discussed in Section 13.3. In this regard, it should be presented for input and feedback from fishermen and other relevant stakeholders. Furthermore, the initial management plan should be updated in order to take into account the current ecological and economic situation of the area covered by it. Indeed, the management plan should correspond to the needs of each protected area. In this regard, it should focus more on conservation. In fact, the protection of habitats and of the most important ecophases in the life cycle of species, especially spawning and juvenile aggregations, are among the essential objectives to be achieved by an MPA.Footnote ⁹³ Allowing as many fish as possible to reach maturity by protecting juveniles is essential for the renewal of adult cohorts. The adoption of the length at first maturity as the minimum allowable catch size is essential for the reconstruction of fish communities.Footnote ⁹⁴ Hence, the use of fishing gear with a high impact on small juveniles, such as the beach seine, should be prohibited. Furthermore, the presence of large and older individuals is important to increase the resilience of fish communities.Footnote ⁹⁵ It is then important to protect a significant proportion of adult individuals, and not just during the mating season. Two of the MPA-Fs have no-take areas, but these are too small to be effective in the protection of large individuals (less than 2.5 percent of the MPA area). The size of the no-take areas needs to be increased to provide refuge for the largest individuals. The physical disturbance from trawling and dredging is recognized as a major threat to marine biodiversity and must be significantly reduced or eliminated.Footnote ⁹⁶ Trawling is explicitly banned in all three MPA-Fs but needs to be effectively enforced, especially in the Alboran MPA-F, through greater control and enforcement to prevent trawler incursions, which are still reported by local artisanal fishermen. The use of small artisanal dredges is allowed in the Alboran MPA-F, where it is stated that this gear will only be used on sandy and muddy seabeds. This fishery produces thousands of tons of shellfish every year, so its impact on the seabed may not be negligible. The impact of this gear on the seabed and benthic communities needs to be assessed in order to minimize it.

Enhancing the management of MPA-Fs is crucial to achieving their primary objective and aligning them more closely with the legal framework of protected areas, including the CBD. This can notably occur through clarifying the responsibilities of stakeholders in the MPA-Fs and adopting a robust, enforceable management plan that is widely recognized and published in the official bulletin. Consequently, the current management approaches outlined in the three MDs establishing the MPA-Fs should be reassessed, and these legal texts should be amended accordingly.

14.4.1 WH Processes for Inscription, Tentative Lists, and Endangered Sites

SPs propose sites as WH sites to the WHC, which announces each year new sites for inscription. The numbers of new sites peaked at sixty-one in the millennium year of 2000 but have since fallen to an annual average of about twenty-two. The WHC’s control over inscription gives it considerable power over sites coming forward, and the associated procedures can be lengthy and costly, but that has not discouraged SPs from seeking more WH listings. The third-cycle review for the region found that its SPs saw the highest benefits of WH status as strengthened protection and conservation, better conservation practices, enhanced honor and prestige, and increased tourism and site presentation, while they attached less importance to associated economic and social development.

The WHC aspires to a balanced, representative, and credible list, with in theory no limits on the number of WH sites and no quotas for SPs to reach. The costs of the listing process can put poorer and smaller countries at a disadvantage, making obtaining and sustaining funding an important issue. The primary criterion for inscription is OUV, with additional criteria of authenticity (the ability of a property to convey its significance over time) and integrity (sustaining that significance over time).Footnote ⁴⁴ The MENA region added eight new sites in 2023, a significant increase that reflected in particular a greater interest from the oil-rich Gulf states.

The extreme inequalities between and within MENA states may impede future WH sites from coming forward. WHC expectations for WH sites have grown over the years, as governed by its Operational Guidelines.Footnote ⁴⁵ When first issued in 1977 they comprised thirty-one paragraphs but had expanded dramatically to 290 by 2021, imposing additional commitments and responsibilities, alongside associated guidance on such matters as tourism and visitor management. WHC requirements can delay inscription, as the example of Oman’s Aflaj cultural WH site shows.Footnote ⁴⁶ It took two years from the initial report in 2007 before inscription in 2009, because the WHC required new laws to protect the property, a management plan with community involvement, local management systems, and the formation of an interdisciplinary management committee. Eventually the Oman government was able to satisfy the WHC requirements for sustainable management, supporting the physical restoration of the Aflaj and associated structures.Footnote ⁴⁷

The SPs in the region prepare “tentative lists” of sites that may convert into listing applications, which the WHC publicizes through its website. Tentative lists can generate dialogue and cooperation, among SPs and various communities and stakeholders, but the third-cycle report found in the region poor engagement with nongovernmental organizations (NGOs), local industries, local authorities, and landowners. It identified a need to better consider WH requirements and criteria, to address the issues of sites being impacted by conflict or losing potential OUV, and to integrate a sustainable development perspective. SPs are also expected to compile heritage inventories/registers which can be used to identify suitable sites for the tentative list, and to broaden stakeholder involvement in heritage. With funding constraints and other adverse factors, some SPs should improve existing site management before seeking to add more. Cultural and natural heritage are now expected to be a strategic element in national sustainable development policies and strategies in areas such as involving indigenous peoples and local communities, and ensuring growth, employment, and investment in tourism.

The WHC has identified some fourteen negative factors that can affect the OUV of WH properties and holds the ultimate sanction of removing a site from the list after a period on the WHC public endangered list, a requirement of Article 11(4) of the convention.Footnote ⁴⁸ Among the dangers affecting the region are conflict, influx of refugees, serious decline in populations of valuable species, development pressures and mining activities, impact of dam projects upon water tables and supply, increasing salinity, decline of migrating bird populations, illegal grazing, and poaching. Endangered status for a WH site is perceived nationally not only as a dishonor but also damaging for tourism revenues. In 2023, of fifty-six entries on the global endangered list, the MENA region had over a third (twenty-one), a significant proportion mostly reflecting the impact of conflicts such as the Syrian civil war.Footnote ⁴⁹

The 2030 Sustainable Development Agenda gives high importance to protecting biological and cultural diversity and ecosystems, and biodiversity protection involves multiple international conventions as well as WH. Protected wetlands, for instance, overlap wholly or partially with over 150 Ramsar sites globally, and marine and coastal ecosystems in WH sites cover over 2 million km², with a crucial role in climate regulation, for instance storing 15 percent of the world’s blue carbon assets in seagrasses and tidal marshes.Footnote ⁵⁰

14.4.2 National Legislation, Policy, and Funding

Each SP is responsible for protecting and managing its WH sites through national legislation such as heritage monument protection and nature conservation. The adequacy of such legal protections depends upon the resources and capacity of SPs and their particular legal histories and traditions. In the MENA region these vary widely, which is a consequence of successive legal systems over centuries, including Roman and Byzantine rule under the Justinian legal code, Islamic and Ottoman law, and more recently colonial interventions by European powers (particularly Britain and France but also Spain, Italy, and Portugal).Footnote ⁵¹ National legal systems are further complicated by the survival of subnational legal traditions within different communities – ethnic, tribal, and religious.Footnote ⁵² WH statutory protection relies upon SP capacity and political will to undertake law reforms where needed.

The WHC third-cycle review of the region noted various new heritage laws or amendments to existing but found several SPs with only partially adequate legal protection for natural heritage in particular. SPs identified deficiencies in legal frameworks to include a need for updated definitions of terms and concepts, the role and capacity of the judiciary, impacts of conflict and security matters, decentralization, and coordination among stakeholders. All of the natural WH properties in the region were recommended for better and more stable funding. The third-cycle review also identified that effective cooperation between different levels of government was sometimes lacking for identifying, protecting, and presenting WH. Reforms to land laws, for example, can have a significant impact upon WH sites and are currently being promoted for the region by the World Bank, UN Habitat’s Global Land Tools Network, and other international agencies. Under this initiative two Arab Land Conferences were held in Abu Dhabi in 2018 and Egypt in 2021, with hundreds of registrations and much exchange of valuable knowledge, and a World Bank research study on “land matters” was published in 2023, which encouraged more regional cooperation and improved land governance.Footnote ⁵³

14.4.3 Local Management

Local management systems are the front line for protecting and conserving WH sites and need resources and capacity building. Management failings may be affected, not only by political disruptions and conflicts but also by inadequate resources and staffing. One of the requirements of listing, sometimes lacking in the region, is defining WH site boundaries and often also a geographical buffer zone around the property, especially where the site has sensitive ecosystems needing careful management. The planning and management of land use should protect and police the site against unwanted interventions from developers and incoming populations, who are often refugees displaced by environmental and other factors. When the UK’s port city of Liverpool was delisted in 2021, at the same WHC session when the third-cycle review was presented, the WHC judged that local planning decisions to allow development for a football stadium and a mixed-use development had caused “serious deterioration and irreversible loss” to its OUV.Footnote ⁵⁴ A key local management issue is how to manage tourism, especially increased tourist visitor numbers: In MENA annually hundreds of thousands visit the main sites, although falling to only hundreds in those less visited. Tourist overload can damage a site’s OUV and the biodiversity that is supposed to be protected. Sites nominated for inscription may not satisfy tests of their OUV, and there has been some criticism about whether WH status is worth the trouble.Footnote ⁵⁵

The third-cycle report review recommended making capacity development a priority for the region. For more than half of the region’s WH properties, available human resources only partially met the management needs, while funding for projects usually came from external funds and most SPs lacked a national capacity-building strategy for WH site staff. Unsurprisingly the conflict-affected countries were most likely to suffer from inadequate budgets for both cultural and natural heritage conservation.

One ground for optimism is the increased availability of geospatial technologies and better connectivity with academic networks. For example, stakeholders are applying geospatial technology for WH management, generating 3D “digital twins” (as was done for Palmyra’s monuments destroyed by ISIS), LIDAR surveys of WH sites, and mapping to prepare against future threats, both natural and man-made. With the apparently insatiable demand for WH tourism, so-called digital nomads using new technologies are becoming a new kind of tourist with less direct impact upon the biodiversity that needs protection because they may not visit in person.Footnote ⁵⁶

14.4.4 Education, Participation, and Public Awareness

While not governed under legislation, the third-cycle regional review found that participation of local communities was often poor and needed mechanisms to promote the effective participation of different stakeholders. A more decentralized state could allow local people and social capital to contribute more. The review also found that education, information, and awareness-raising was better among researchers, the tourism industry, national/international tourists, and NGOs than among local authorities, communities, and landowners. Youth, children, women, and indigenous peoples showed less awareness and understanding of the topic, and heritage could have a stronger function in the life of communities through the use of WH resources to use heritage and biodiversity to improve local economic and living conditions. Local authorities at the subnational level are the most directly involved agencies but the local agents responsible for cultural heritage may themselves have limited understanding of basic principles or knowledge of the relevant history, creating a need for specialist training. SDG 4 (education) includes Target 4.7 to link education to other SDGs and promote sustainable development within a lifelong learning framework.Footnote ⁵⁷

14.4.5 Intangible Cultural Heritage and Climate Change Issues

The 2003 Convention for the Safeguarding of Intangible Cultural Property added a new dimension to WH,Footnote ⁵⁸ recognizing that cultural activities are vehicles of identity, values, and meaning, and the third-cycle report identified WH properties in the region with associated inscribed intangible practices/traditions. Changes in traditional ways of life and knowledge systems are having a negative impact on WH properties, for example the erosion of ancestral fishing methods by unsustainable fishing techniques and the abandonment of traditions and long-established skills, changing traditional uses of building materials.

Climate action is increasingly seen as requiring not only new knowledge but also the rediscovery and revival of old ones, which have been neglected in the fast-moving “modernization” that is now seen as contributing to global warming and climate change. One intangible cultural heritage listing with relevance for WH properties in the MENA region was made in 2020 for Japan: “Traditional skills, techniques and knowledge for the conservation and transmission of wooden architecture.”Footnote ⁵⁹ The MENA region has long experience designing for a hot and dry climate, but much of that traditional knowledge has been neglected or forgotten and often relegated to an academic subdiscipline of “vernacular architecture.”Footnote ⁶⁰ Those concerned with sustainable architecture are now seeking ways to learn from old building methods and alternative building materials. UNESCO’s World Heritage Earthen Architecture Programme (2007–2017) has boosted interest in both traditional and new forms of it and identified 150 WH properties built with this ancient technology.Footnote ⁶¹

Among the ancient MENA traditions for adapting buildings to extreme climate conditions are the so-called wind catchers (in Iran known as bâdgir): tall, chimney-like structures that capture cool prevailing winds and redirect them downwards into buildings.Footnote ⁶² In 2017 the WHC inscribed as a WH site the Iranian city of Yazd, nicknamed the “City of windcatchers,” and also the country’s windmills (or Asbads). Another MENA tradition relevant to climate change is the qanat (known across the region under different names). Thousands of kilometers of such systems exist to move water underground from an aquifer or well at higher attitudes to supply settlements and irrigation without the need for pumping and losing little to evaporation.Footnote ⁶³ The WH sites of Oman’s system (known as aflaj) and the “garden city” of Al Ain (Abu Dhabi) were inscribed in 2006 and 2011, respectively.Footnote ⁶⁴ A revival of such systems through community engagement can be promoted through WH and intangible cultural heritage, although much needs to be done.