The Ecological Reserve: The integral protection of a geographic area

The ecological overuse of an already fragile ecosystem and the complex and inter-related social issues demand a problem solving strategy which considers the various conflicting interests and includes all the involved groups in the process of working towards a more sustainable society. One step in this process is the protection of this area by the formation of an Ecological Reserve.

The majority of the Kachimayu River Valley forms part of the Archaeolo-gical Park of Saqsaywaman (Parque ArqueolÛgico de Saqsaywaman PAS). The PAS has been recognised in Decree Law Ns 6634, Art. 22 and was declared and ratified in Decree Law Ns 24047 as a National Monu-ment on the 21st of December 1984. This legal frame implies throughout law 26505 the intangibility of this area (IIUR;1995). Further more, Art. 60 of the Codex of Environment defines the regional governments in co-ope-ration with the National Institute of Culture (Instituto Nacional de Cultura INC) as the responsible institutions for the protection, restoration and use of the material archaeological as well as natural in the PAS (Frisancho; 1997). This legal background would obligate local institutions to protect the archaeological and natural resources of the entire Park.

Because of contradictory human interests and activities, the responsible authorities are not able to apply these laws in actuality. For this reason, Pukllasunchis proposes a new legal frame of protection that gives ade-quate respect to the present eco-sociological situation. So the target is not only to protect the unique ecosystem of this region, but also to find new forms of integral and sustainable use of the territory by its rural popu-lation.

The responsible organ for the establishment of politics, plans and norms for the adequate management of the units which compose the National System of Protected Natural Areas is, declared in the Mayor Decree Ns 055-92-AG, the General Direction of Protected Natural Areas and Sylvester Fauna. Following the Decree Law Ns 25902, this organ forms part of the National Institute of Natural Resources (Instituto Nacional de Recursos Naturales INRENA). This highest authority enshrines in Art. 51 of the Codex of Environment and Natural Resources, Legislative Decree Ns 613, the right of the communities to participate in the identification, delimitation and protection of these areas. This implies hence an active contribution by the rural communities Huallarqocha, Tambomachay and Yuncaypata to the establishment and maintenance of the Ecological Reserve.

The Law of Protected Areas defines various forms of ecological reserve. Because of the inevitable human presence in this area such as the rural communities, their fields and pastures, the explorer tourism and the motor-road to Pisach, the legal limits are clearly defined. Following Law Ns 26834 Art. 22 two adequate forms of protection in particular present themselves for implementation (the original law text is translated by the author):

Ns 26834 Art. 22

d. Scenic Reserves: Areas where the geographical integrity of the envi-ronmental landscapes shows a harmonious relationship between human beings and nature containing important natural, aesthetic and cultural values.

h. Protected Woodland: Areas with the target of guaranteeing the protec-tion of the high river basins or affluents, of the river-banks and other water-courses in general to protect adequately fragile soils against erosion. In these areas the use of resources and the development of such activities that do not put the vegetal covering at risk will be allowed.

Both forms of protection allow for the presence of human activities but also require a respectful use of the natural resources. One of the two legal regulations could therefore define the duties and rights of the dif-ferent interest groups in relation to the primary resources and at the same time revalue the social position of the rural population and their work for the entire economic system of the region. The sustainable use of land in connection with alternative forms of productivity could serve as an exam-ple for other Andean regions with similar social conflicts and ecological problems.

 

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