Danube Delta paradise or simply home [605265]
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Danube Delta – paradise or simply home ?
Prof. Suciu Oana -Valentin a
Team: Cezar Maria
Horbenco Ana
Neagu Irina
Tudorică Gabriel
Văleanu Alexandru
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Table of Contents:
Introduction…………………… ……………………………………………………..……………1
Chapter 1: Historical and theoretical framework
The European Union Strategy for the Danube ….…………………..………..2
The cooperation mechanisms………….……………………………… ……..…….3
The European Parliament and the Co mmission standpoint… ……..…..4
Romania’s standpoint…………………………………………………… .…….……..5
Chapter 2: Where? Why? and How?
Research background……………… ……………………… ……………….….……..6
Structure……………………………………………………………………… ……..…….7
Ethical considerations of the study………………………………… ..………….8
Objectives……… ………………………………………………… ..………… ……..……9
Chapter 3: Definitions and literature analysis
Main terms definitions and principles………… …………….………..………10
Other perspectives, comparisons………… ……………………… ……….…….12
The eyes of media and the implications of NGOs… ………… ……….……15
Chapte r 4: the practical research process
Research area due to professional and personal interest ……….……..20
Operationalization, indicators and data analysis… …………… ……..…..21
The fieldwork……………………………………………………………… …….…….33
Data analysis……………………………………………………………… ……………3 6
The interview………………………………………………………… ….……….……41
Conclusions and possible solutions………………………………………… …….……44
Bibliography……………………………………………………………… ……………..……..46
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At the end of a “road” which exceeds 2.860 km, the Danube has been building for over
10,000 years, one of the most beautiful Delta s in Europe. The different waters and soils that have
formed here provide good living conditions for a large number of plant and animal species, but
also for humans.
It can be said that through the impressive diversity of habitats and life forms it hosts in a
relatively small area, the Danube Delta is a true biodiversity museum, a natural area invaluable to
the universal natural heritage.
Many vegetal or animal species have also been important economically exploitable natural
resources that have attracted peo ple to these places since ancient times. The established human
settlements were based mainly on the exploitation of natural resources, thus developing traditional
economic activities and socia l relations.
Subsequently, there was a tendency for overexploi tation of natural resources. This trend is
now manifested by increased pressure on these resources and especially on fishing, as well as the
tendency to develop some economic activities inappropriate for the natural system in the Delta; as
was the case of the investment for the exploitation of the sands in Caraorman, which resulted in
the deregulation of the natural balance existing by the disappearance of natural breeding areas of
multiple fish species.
The negative effects generated by human activity with in the Delta are cumulative and local
or regional cooperation is often insufficient or, on the contrary, leads to worsening of certain
aspects.
In 1990, t he Danube Delta was declared a Biosphere Reserve by the Romanian
Government , confirmed by the Romanian Parliament, by Law no. 82/1993.1 The universal value
of the Reserve was recognized by its inclusion in the international network of biosphere reserves
under the Man and Biosphere program me (MAB) launched by UNESCO in 1970 as the Danube
Delta fulfills the main features of a biosphere reserve.2
However, today, it is easy to see the lack of a decision -making balance from the competent
institutions. Regrettably, many such areas were also created without asking the communities which
lived in or near them, eve n if they were by definition indigenous or other long-term residents.
Ironically, it was these people who, not always, but usually, caring for it so well , maintained
unspoiled its natural ecosystems. Frequently, when protected areas are established, the li fe of
indigenous and local residents is radically changed, often to the detriment of their land itself. This
is what also happened in Danube Delta and, in this context, the purpose of this research is to find
out how do these major changes and the new laws affect peoples’ lives.
1 https://lege5.ro/Gratuit/gu4donjt/legea -nr-82-1993 -privind -constituirea -rezervatiei -biosferei -delta -dunarii
2 http://www.unesco.org/new/en/natur al-sciences/environment/ecological -sciences/
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Chapter 1 : Historical and theoretical framework
Around the world, national parks and other protected areas go by a lot of different names,
including “park”, “reserve”, “seashore”, “landmark”, “nature park”, “sanctuary”, to give ju st a few
examples, or, even more to the point, many protected areas are different but go by the same name.
To illustrate how difficult that communication can be internationally, here is an example
from “outside the paper” . If you walk into any Starbucks i n America and ask for a Caffe Grande,
they will give you their medium -sized cup of coffee. If you ask for a Caffe Grande in Mexico, they
may give you a bowl of coffee and a quizzical look. Ask for Caffe Grande in Venice, and they will
direct you to a piazza restaurant . To understand protected areas globally, we need to have a
common language and especially common laws.
➢ The European Union Strategy for the Danube
The European Union Strategy for the Danube is an internal EU strategy where all river -side
countries are invited to take part, complying with the three principles applied also in the case of
the EU Strategy for the Baltic Sea Region. The three pillars proposed by the European Commission
are: connectivity (transport, energy, telecommunication), envi ronmental protection and water
management, as well as socio -economic development (culture, education, tourism, rural
development).3
The Danube region has an economic growth potential insufficiently exploited. Being declared
as part of the Pan -European Tran sport Corridor VII4 the Danube represents an important navigable
way, connecting, through the Rhine -Maine Danube network system, the Constanta harbor with the
industrial centers of Western Europe and Rotterdam. The enlarged basin of the Danube comprises
states and regions that could benefit in the future by direct access to the Black Sea, and the
importance of connecting the EU to the enlarged region of Caucasian and Central Asia was already
recognized by the Black Sea Synergy.
The EU strategy for the Danub e Region lies in an Action Plan that will comprise all the priority
objectives and the identified projects at national level by each river -side state individually, but also
the cross -border projects. The EU Strategy for the Danube Region will represent a c oherent
cooperation framework that will contribute, on one hand, to achieving the development goals of
the EU, and, on the other hand, to promote the community values and principles in third countries
of the region. The New Strategy has to point out new te chnologies , so the Danube become s a
3 http://ec.europa.eu/regional_policy/sources/docoffic/official/communic/danube/action_plan_danube.pdf
4 http://www.wildernis.eu/pdf/danubedelta/7 -lower -Danube040806.pdf
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modern river with systems based on the newest scientific knowledge and apt to protect efficiently
the environment and the existent eco -systems.
➢ The cooperation mechanisms
The Danube Commission and the Danube Cooperation Process represents the existing models
of inter -governmental co -operation in the Danube Region. The International Commission for the
Protection of the Danube River (ICPDR) is an international body established for the
implementation of the Convention for t he Protection of the Danube River.5
The Danube Commission (DC) is an international organization consisting of Austria, Bulgaria,
Croatia, the Republic of Moldova, Romania, the Russian Federation, Serbia, Slovakia, Ukraine
and Hungary. It has as the main at tribution the insurance of the normative conditions to maintain
the freedom of river navigation, with respect to the Commission regulations, the member states
having to improve the navigation in the national sectors. The mechanism created for the
Commissio n operation, as well as the lack of interest of the states led to the uninvolvement of the
Commission in the development of transport on the Danube. The review of the Belgrade
Convention, which established the Commission, represents the only way of revivin g. Following
the review, the states that wish truly to promote transports on the Danube, will have the means to
take, within the Danube Commission, the real measures. The Process of the Danube Cooperation
(PDC) was launched officially in Vienna, on May 27, 2002, based on a common initiative of the
Governments of Romania and Austria, the European Commission and the Stability Pact for South –
East Europe.6
The International Commission for the Protection of the Danube River (ICPDR) was established
in 1998, and t he member states of this international body are, at the same time, the signatory parties
to the Convention for the Protection of the Danube River, the legal tool for cross -border co –
operation and the efficient management of the water resources .7
From the p oint of view of the co -operation, an important role is played by the contribution of
the European programs for territorial co -operation through the financing of some specific common
programs between regions or countries placed in the Danube river -side regi on, addressing very
important areas of intervention such as: accessibility, environment and emergencies, economic and
social development.
5 http://www.mfa.gov.md/danube -cooperatio n-process/
6 Its objectives, as laid down in the Declaration, are to “broaden and deepen present Danube Co -operation and give
to it clear political and economic dimensions, without creating new institutions, but taking stock of and using the
existing struc tures and, where necessary, harmonizing their objectives and efforts, providing a focus, where
appropriate, for their efforts within the Danube region”.
7 http://www.icpdr.org/main/activities -projects
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➢ The European Parliament and the Commission standpoint
The Danube Region has a special importance for the EU, both thro ugh the large number of
countries comprised in it, and also through its direct passage to the Black Sea.
EP has supported the creation of the EU strategy for the Danube Region as far back as the
previous PE’s legislature: in September 2008, the Commission for Transport and Tourism sent a
delegation in the Danube Region to promote the potential of this large European river and of the
regions surrounding it. One of the main conclusions of this delegation was the establishment of an
intergroup within EP focuse d on the Danube Region. The Danube Intergroup worked closely with
the high level national representatives, having responsibilities for the Danube, with those of the
European Commission and other European and international institutions, as well as with the
coordinators of the priority projects for the Danube Basin Region.8
The European Parliament has to become a significant actor of this process and, thus, at the first
meeting of the Intergroup for Danube its objectives were established, and the intergroup m embers
focus ed on three directions: the development strategy of the Danube region, the promotion of the
Danube regions and the promotion of co -operation between the member states and the other states
alongside Danube.
As a result of the initiative launched by Romania and Austria in 2008, the European Council
of June 18 -19, 2009 invited the European Commission to work out, till the beginning of 2011, a
European Strategy for the Danube Region.9 The EU must consolidate and integrate the existing
co-operation p rograms of the region to create a European strategy for the Danube Region, taking
as a model the EU Strategy for the Baltic Sea. Having as an advantage the inter -regional
cooperation between the countries having access to the Danube, the strategy for the D anube region
should focus on some priority fields, such as the social and economic development, environment al
protection (especially the natural protected areas, drinking water), transportation (including the
connection with the Rhine, through the Rhine -Main-Danube Canal), sustainable tourism, scientific
exchanges, as well as the cultural heritage and the language diversity in the Danube basin.
8 http://ec.europa.eu/regional_policy/sources/docgener/ panorama/pdf/mag37/mag37_en.pdf
9 The European Union strategy for the Danube – Preliminaries, mechanisms, positions, priorities and effects –
Authors: Emilian M. DOBRESCU, Adriana GRIGORESCU
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➢ Romania’s standpoint
Among the Danube river -side countries, Romania has the largest surface of the Danube Bas in,
the longest sector of the river and the Danube Delta, the second largest wet zone of Europe, a
unique ecosystem of international importance, declared cultural heritage of humanity .
In mid August 2009, according to a legislative project, Romania announ ced the establishment
of an inter -ministerial working group for the working out and implementation of the EU Strategy
for the Danube, coordinated by the Ministry of Foreign Affairs – at policy level and the Ministry
of Regional Development – at technical l evel. This working group with an advisory role will have
as members representatives at managerial level of the two ministries as well as from the Ministry
of Environment, the Ministry of Public Finance, Ministry of Administration and Inner Affairs,
Ministr y of Economy, Ministry of Tourism, Ministry of Culture, Cults and National Patrimony,
Ministry of Education, Research and Innovation, Ministry of SMEs, Trade and Business
Environment and the Department for European Affairs.10
The general objective of the wo rking group is to define Romania’s contribution to the
European Strategy for Danube, and to ensure a general coherent and intersectoral correlated vision
regarding the programs and projects to be worked out within this strategy. The working group
mandate was established for the 2009 -2013 period and, in view of the future EU financial
framework, for the 2014 -2020 period .
Romania’s contribution to the working out of the strategy is the result of the collaboration
between the following governmental institution s: Ministry of Foreign Affairs, Ministry of
Transports, Ministry for Regional Development and Tourism, Department for European Affairs,
Ministry of Environment and Forestry, Ministry of Economy, Commerce and Business
Environment, Ministry of Public Finance , Ministry of Agriculture and Rural Development,
Ministry of Administration and Internal Affairs, Ministry of Culture and National Heritage,
Ministry of Education and Ministry of Research and Inovation .
The objectives of Romania for drawing up the EU Stra tegy for the Danube Region are: the
creation of a dynamic, competitive and prosperous Danube region; the establishment of certain
integrated transport and environment monitoring systems based on new technologies; cleaner
waters, the protection of bio -diver sity, the control of cross -border pollution and the reduction of
flood risks; the improvement of the management capacity, stimulation of the cultural exchanges
and of “people to people” contacts.11
10 More info: http://www.mae.ro/node/10427
11 https://www.researchgate.net/publication/227441950_The_European_Union_strategy_for_the_Danube
All these objectives are consistent with the national and European progra m papers, regarding the insurance of a
balanced development of the region territory, through turning to account local resources and support of local
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Chapter 2: Where ? Why ? and How?
➢ Research background
We con sider that all this impulse of making such research has come from the moment when
we just realized that it is more and more difficult for people living in the Delta to maintain a
medium standard of living. And here comes a long series of questions, assumpt ions, ideas that we
need to find out whether they are true or not.
The political strategy to conserve nature through the creation of p rotected area s emerged
in a context of capitalist solidification and rapid urbanization. P rotected area s were conceived to
preserve nature from abusive human exploitation, for the benefit of future generations , but t he
denying of indigenous peoples' rights and, often, their eviction from their homelands, resulted in
long-term conflicts.
However, the greatest impacts of prote cted areas are related to people's eviction . People
displaced from protected areas suffer direct impacts on their livelihoods. They are no longer
authorized to hunt, to fish, to collect firewood or use any of the resources (like reed) which were,
in many c ases, essential for their survival, leading to a wide range of risks of impoverishment,
including landlessness, joblessness, food insecurity and other serious threats to people's quality of
life.
Why is it an important issue and how does it affect people? The main motivation for which
the Danube Delta has not been declared as National Park is the existence on its territory of 25
localities totaling about fifteen thousand inhabitants. Their spread almost everywhere, where there
were favorable places for the foundation of human settlements and the cohabitation for centuries
with nature, using it in all its various forms, fully justifies the statement that the delta inhabitants
are an integral part of the Danube Delta Biosphere Reserve. In direct relation with the natural
resources of the delta, traditional occupations of the inhabitants are fishing, farming and in some
areas agritourism. Also, the Danube Delta can be an example of interethnic cohabitation. (at the
2002 census there were 12,666 Romanians (87%), 1438 Lipovans (10%), 299 Ukrainians and
others: Roma, Greeks, Turkish, Hungarian, Germans (1%)) .12
Unfortunately, the paradise landscapes are the only positive part for the inhabitants. Their
lives are far from being that paradise which surrounds them, sinc e more than half of the roughly
fifteen thousand souls of the Delta struggle to survive. In this area, elders look helpless and resign
economies, with the preservation of the environment values and insurance of conditions regarding equal
oppo rtunities for the whole population.
12 http://www.ddbra.ro/populatie.php
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to the surrounding waters, being used to the lack of sewerages, while some children either do not
have access to education or leave their native places just to find their way. Schools, electricity,
pharmacies, doctors, and even simply bakeries are rare facilities in the Delta. Despite the fact that
starting with 2004, two hundred million euros should have reached the Delta path to improve
people's lives, invest in infrastructure and public utilities, people's hope for a better future seems
almost inexistent. Great plans have never exceeded the “paper stage”, and residents have the same
daily struggles, and local institutions do not seem to have the intention to change that.
A factor that has made it difficult to establish management agreements between
conservation agencies and indigenous peoples has been the absence of an adequate legal definition
of the management of indigen ous territories that overlap protected areas. Also, another related
problem is the lack of definition of property rights, and rights to natural resource use and
administration in indigenous territories.
Regarding international cooperation, the projects wi th indigenous peoples have often
introduced new institutions to serve as a link between indigenous communities and the project,
instead of strengthening the existing traditional institutions. This has resulted in the weakening of
the traditional institutio ns and of indigenous decision -making structures. Therefore, before
undertaking conservation actions in areas occupied or used by indigenous peoples, it is essential
to be familiar with the manner in which these peoples make and implement decisions. This
preliminary step is based on the recognition of indigenous institutionality, so that effective
agreements can be established between conservation agencies and organizations, and indigenous
people.
So, the social actors involved or affected by protected areas delimitation are numerous,
resulting in the overlapping of territorialities that, depending on the institution’s course of action,
can be a source of cooperation or conflicts. A planning effort is fundamental to ensure a consensus
and progress in the work among the multiple territorialities towards the best management possible
of the area; an area of environmental and cultural preservation. Advances in conservationist
thinking have led to an acceptance that conservation can and must be achieved in collabor ation
with local communities and based on respect for their internationally recognized rights.
➢ Structure
Concerning the applied part of the research, we intend to investigate these issues through
a mixed -method design. It means that we will focus on exami nation of real -life contextual
understandings using multi -level perspectives and cultural influences, we will use quantitative
research and rigorous qualitative research (as primary data collection method) to explore the
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meaning and understanding of the co nstructs, and we will draw on the strengths of quantitative
and qualitative data gathering techniques to formulate a framework for generating possible
solutions or new understandings of the problem. We will also use secondary data collection
methods, relyi ng upon newspapers, magazines, journals, online portals and video documentaries.
So, we will largely use deduction. Regarding the data base, we will mostly use the census data.
Also, a survey will be addressed to a target group. Much of the official inform ation will be
procured from the Statistics Department Tulcea and from Administration of the Danube Delta
Biosphere Reserve ( ARBDD). We will also analyze an interview with a representative of ARBDD.
We chose to use Alan Bryman’s research structure, namely :
– Define the research topic
– Find out what is known about the topic
– Clarify concepts and measurement
– Establish a n appropriate collection method
– Consider the purpose, values and ethics of the study
– Operationalize concepts and design research instruments
– Select a sample of subject for study
– Collect data
– Process the data
– Analyze data
– Present results
➢ Ethic al considerations of the study
Ethical considerations in research are critical. Ethics are the norms or standards for
conduct that distinguish between right and wrong. They help us determine the difference between
acceptable and unacceptable behaviors.
In our research we tried to strictly follow these norms. First of all, we chose to have some
principal values, such as honesty, objectivity, respect for inte llectual property, social responsibility
and confidentiality.
Secondly, one of the most important ethical considerations in this research was “the use” of
human subjects. We must mention that human subjects have chosen to participate on their own
free will , that they have been fully informed regarding the procedures of the research project and
they were not subjected to harm in any ways whatsoever. Our ethical standards also protected them
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regarding confidentiality and anonymity. The relation between partic ipants and researchers was
based on trust and respect.
Also, any type of communication in relation to the research was done with transparency ; we
tried to avoid a ny type of misleading information, as well as representation of primary data
findings in a bi ased way.
➢ Objectives
Hypothesis:
The more severe the environmental laws are, the lower the demographic rate in that area is.
This research is devoted to the analysis of the impact of certain decisions and laws, made
by local and national instituti on, on people living in the Danube Delta protected area. While
thousands of studies have been previously conducted to study various aspects of how the nature in
the Danube Delta is protected, this topic, about the relation between people and institutions, is far
from being exhausted as a research area. This is why we consider that this research will bring its
practical contribution for the study area .
The principal very important idea is that, in order to understand the theme of this
research, it is neces sary to discuss the balance (or the i nbalance) of the decisions taken regarding
the relation between the natural space protected by law and the needs of the people. We surely do
not deny the overwhelming importance of the laws regarding the protection of U NESCO's
patrimony, but the principal objective is to focus more on the perspective of how the approaches
of the Romanian decision -making institutions regarding the adoption of certain laws that directly
affect the life of the delta inhabitants are applied . In this context, we will focus just to prove how
these laws affect the demographic rate in that specific zone.
Another aim is to understand the relationship between the institutions and the inhabitants
and to conclude whether this relationship is effecti ve or not. For example, the forest is a very
important source of livelihood for many people living around it. People often use the resources as
they have for many generations, while also recognizing that the forest is owned by the state. While
we were doin g the fieldwork, one elder who has always used the forest to support his livelihood
claimed that it was difficult to give advice or attempt to prohibit another person from cutting down
trees for commercial purposes. He felt regret about the loss of the tre es as a resource but felt no
sense of personal loss because he perceived the forest as state owned. Therefore, in his mind, the
community had no rights to prevent these actions and felt they must ignore them.
The ideas that can be approached in this resear ch are quite a lot, but we will focus on those
which are tied to the legislative changes that took place in the summer of the last year in certain
parts of the Danube Delta – for example: fishing (the main source of income for people) was
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forbidden for ver y long periods of the year and the building of houses in some areas was prohibited.
This is why another aim is that to find out if the rights of indigenous people and local communities
are taken into account in national legal frameworks for protected areas .
Chapter 3: Definitions and literature analysis
➢ Main terms definitions and principles
In order to easily understand this research and to make it accessible for anyone we will
describe some of the main terms. So, the environmental law is a collective t erm describing the
network of statutes , regulations , common and customary laws addressing the effects of human
activity on the natur al environment . A related but distinct set of regulatory regimes, now strongly
influenced by environmental legal principles, focus on the management of specific natural
resources , such as forests, minerals, or fisheries. Other areas, such as environmental impact
assessment, may not fit neatly into either category, but are nonetheless important components of
environmental law.13
Demography represents the statistical study of populations , especially human beings . As a
very general science, it can analyze any kind of dynamic living population . It encompasses the
study of the size, structure, and distribution of these populations, and spatial or temporal changes
in them in response to birth , migration , aging , and death . 14
Also, here we will describe some of the main principles around which we will build the
final arguments of the research. These principles are mandatory in describing the relation between
the indigenous people and the authorities and institutions. The first principle which we have
identified is that indigenous and other traditional peoples have long associations with nature and a
deep understanding of it. Often, they have made significant contributions to the ma intenance of
many of the Earth’s most fragile ecosystems, through their traditional sustainable resource use
practices and culture -based respect for nature. Therefore, there should be no inherent conflict
between the objectives of protected areas and the e xistence, within and around their borders, of
indigenous and other traditional peoples. Moreover, they should be recognised as rightful, equal
partners in the development and implementation of conservation strategies that affect their lands,
territories, w aters, coastal seas, and other resources, and in particular in the establishment and
management of protected areas.
13 https://www.britannica.com/topic/environmental -law/Principles -of-environmental -law
14 https://www.britannica.com/topic/demography
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The second principle is that agreements drawn up between conservation institutions,
including protected area management agencies, and indige nous peoples for the establishment and
management of protected areas affecting their lands, territories, waters, coastal seas and other
resources should be based on full respect for the rights of indigenous peoples to traditional,
sustainable use of their lands, territories, waters, coastal seas and other resources. At the same
time, such agreements should be based on the recognition by indigenous peoples of their
responsibility to conserve biodiversity, ecological integrity and natural resources harboured in
those protected areas. Establishing alliances with indigenous peoples for protected area
management requires that the administrative capacities of indigenous organizations and
communities be strengthened by a process in which government agencies and con servation
organizations play a very important role. This strengthening work sometimes requires significant
changes in the way cooperation in the past has been directed at supporting indigenous
communities. In general, indigenous organizations have been acc ustomed to being beneficiaries
of conservation projects but not to being co -participants in their implementation, with the rights
and responsibilities that implies. Likewise, conservation organizations have sometimes been
reluctant for indigenous organizat ions to assume responsibility for the management of funds,
considering them to lack the capacity for financial management and accountability.
Another principle is that decentralisation, participation, transparency and accountability
should be taken into ac count in all matters pertaining to the mutual interests of protected areas and
indigenous peoples.
In the same context, indigenous peoples should be able to share fully and equitably in the
benefits associated with protected areas, with due recognition to the rights of other legitimate
stakeholders.
The last principle refers to the rights of indigenous peoples in connection with protected
areas are often an international responsibility, since many of the lands and other resources which
they own or otherwi se occupy or use cross national boundaries, as indeed do many of the
ecosystems in need of protection.15
15 https://www.iwgia.org/images/publications//0684_IGIA_report_16_FINAL_eb.pdf
Interpreting the UN guiding principles for indigenous peoples
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➢ Other perspectives , comparisons
Changes are rapidly occurring for other states as well. While nobody can do justice to the full
scope and diversit y of these changes, we seek to highlight emerging trends through the
consideration of case studies in six states -Brazil, Canada, Indonesia, Nicaragua, South Africa, and
the United States. These case studies involve legal developments in national (United St ates and
South Africa) and international (Nicaragua) courts; territorial claims that the political system
adjudicated (South Africa and Nicaragua) and accommodated (Canada); the influence of civil
society on governmental policies (Brazil); co -management of natural resources (Indonesia);
exercise of resource rights (United States); and benefit -sharing (Brazil).
1. Restoration of Land Ownership by the Richtersveld Community (South Africa)
2. Protection of Indigenous Peoples 'Rights to Natural Resources and the Dut y to Demarcate
and Title Indigenous Lands (Nicaragua)
3. Exercising Resource Rights and Revitalizing Culture (United States)
4. Settlement of Indigenous Land Claims Through a Democratic and Participatory Process
(Canada)
5. Management of a Marine Protected Area (Indonesia)
6. Ownership of Genetic Rights and Knowledge (Brazil)
The first conclusion that anyone can draw from these case studies is that a lack of paper title
is not and should not be a barrier to indigenous peoples' ability to exert their rights. In bo th the
South African example and the case from Nicaragua, neither of the two indigenous groups
involved possessed paper title to the land, yet in both cases, the courts ruled that they were the
rightful owners of the land and the resources it contained. A second similarity between these two
cases is that, in both situations, the courts placed emphasis on indigenous law. Linked intrinsically
to the issue of paper title, reference to indigenous law helped determine the ownership of the land
in question in bot h cases. A third theme from the case studies relates to the question of migratory
tribes. In both the Nicaraguan and Indonesian examples, the indigenous people in question had
only recently settled at their present locations.
Although the Bajo have not ch allenged the Indonesian government's ownership of the WMNP –
and there are no signs to suggest they will do so in the foreseeable future -this fact would seem to
place them on a similar legal footing as the Awas Tingni if the issue did come before a tribunal.
Additionally, the related issue of potential claims by other indigenous groups that historically used
the land in question (which also a rose in the Awas Tingni case) may be of relevance to the Bajo.
Undoubtedly, other groups have utilized the resources wi thin the WMNP and, although they are
one of the main stakeholders in the region, by no means could the Bajo claim sole hi storical usage
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of the region. However, as with the Awas Tingni, this may not preclude them from being granted
ownership of the resource s. A fourth theme from the case studies relates to co -management. The
Canadian government used this concept to involve the Inuit in the management of the resources
found within the newly -formed Nunavut Territory, seemingly with a good measure of success, a nd
commentators have discussed it as a potential solution to the issue of indigenous rights in
Indonesia.
Additionally, one could propose co -management as a means of both involving the Amazonian
population in the management of the forest resources and all owing them to receive a fair share of
the benefits derived from those resources. Fifth, the characteristics of the Bajo further complicate
Daes' suggestion that the term "indigenous peoples" should encompass groups that are "native to
their own specific an cestral territories within the borders of the existing state, rather than persons
that are native generally to the region in which the State is located. One could argue that the Bajo
fall into either or both of these categories, depending on whether one se es them as a distinct
population or as part of the larger Sama -Bajau culture.
The Bajo example suggests to us that Kingsbury's flexible approach is a better metric for
determining whether to consider a people to be indigenous. Indeed, the Bajo meet all o f
Kingsbury's essential requirements: "selfidentification as a distinct ethnic group; historical
experience of, or contingent vulnerability to, severe disruption, dislocation or exploitation; long
connection with the region; and the wish to retain a distin ct identity. ”
Lastly, a comparison of the Makah case with the Richtersveld and Mayagna cases highlights
the uneven pace at which judicial systems have recognized the rights of indigenous peoples, and
the discretion that exists at state level. As seen in th e Nunavut case, political negotiations can play
a prominent role as well. Indeed, the Nunavut case underscores that the concept of "self –
determination" and the resolution of land and related natural resource claims are not
onedimensional; rather, intereste d parties must adapt them to the particular circumstances and
histories of the indigenous peoples.
Indigenous peoples' voices and concerns at the international level are on the rise. Indeed,
an appreciation of the benefits of their voice for biodiversity conservation is growing, as is a sense
that indigenous peoples' involvement in the development of policies that may affect them and in
the management of their traditional lands and natural resources is a matter of justice. The increased
participation of in digenous peoples within the UN system reflects these notions .
Moreover, various international instruments now include some indigenous peoples'
concerns, in particular those related to sustainable development. Although states have begun to
implement these i nternational instruments and policies, indigenous peoples have not yet fully
realized their rights. Indeed, there remains a need for international consensus on how best to
14
proceed in order to ensure indigenous peoples' early involvement in the process of i nternational
law and policymaking . There also exists a fundamental distinction between indigenous groups
whose states have recognized their rights and those groups whose states have not. Furthermore, as
we noted at the outset, the concept of indigenous peo ples in international law remains somewhat
ill-defined in light of the international community's inability to coalesce on a term, much less a
definition.
To sum up, given the existence of vague definitions and international instruments that are often
non-binding and which provide substantial discretion to state actors, the norm that is emerging
around indigenous peoples' rights, while bounded, is “blurry ”. Yet, given that indigenous peoples
and their circumstances, cultures, histories, and aspirations are not one -dimensional, perhaps
states, indigenous peoples, and other non -state actors should look at this "blurry boundary" as an
opportunity, rather than an impediment. To be fully effective, this opportunity requires that
indigenous peoples posse ss the nec essary tools to participate in the global, regional, and national
processes that are shaping, at least in part, the world around them.
The international community and international law itself have made progress as they have
moved from a state -centric mode l where dominant cultures impose their cultural norms and values
on non -dominant cultures -to a model based on a shared understanding and treatment of indigenous
peoples as separate. As such, indigenous peoples may be at the vanguard of an era of post -state
sovereignty. For indigenous peoples, one can see hints of this new era in the judicial sphere (the
respect granted indigenous law and the recognition of land and resource rights), in international
organizations (most prominently, indigenous peoples repres enting themselves rather than nation –
states representing them), within international conventions (the growing appreciation of the right
of self -determination, the protection of intellectual property and ownership), and at the state level
(the value of indi genous participation and co -management of natural resources). Two concepts
best encapsulate a post -state, sovereign era for indigenous peoples: an unquestioned right of self –
government and autonomy in matters of local affairs; and the discretion to have t heir unique voices
heard in the wider decision -making process and their presence felt in the political, economic, and
cultural life of dominant societies to the extent indigenous peoples desire. The notion of human
rights suggests nothing less.16
16 Source: http://apaguyana.com/wp -content/uploads/2015/04/Rights -of-Indigenous -Peoples -in-International –
Law.pdf
15
➢ The eye s of media and the implications of NGOs
“Danube Delta, paradise in danger” is the name of the article which describes the initiative of
the MEP Daciana Sârbu, together with the Save the Danube Delta Association and the WWF .17
Through the event, the o rganizers remind the public that the Danube Delta is a natural value
of Europe and, at the same time, a universal natural heritage, not just a financial issue, involving
Romania and Ukraine. Over the last 20 years, the mistakes of communism (the embankment work,
the intensive farming, which have removed 20% of the wetlands) have not been repaired, which
has affected not only nature but also the local communities.
We must understand that the Danube Delta provides us a number of benefits – sources of food
and fresh water, waterways, potential for tourism. But all of this cannot be provided in the long
run if the Delta will not have a very good management plan, if we do not offer something in return,
if we are not able to control poaching and chaotic tourism d evelopment and if we do not have a
certain vision about how should this area look like in 10 years: a true biosphere reserve, not a
hunting and fishing area covered with cement and rubbish. The Save the Danube and Delta
Association and the WWF perspective is that the major challenge in managing the Danube Delta
is to find the balance between conservation interests and economic development. In the Danube
Delta Biosphere Reserve there is a complicated structure of responsibilities in different areas of
activi ty, which makes it difficult for local authorities to cooperate . Here are some examples:
– The delay of ecological reconstruction; the ecological reconstruction of the Delta is a
necessary solution to maintain the natural processes of the Danube Delta, be neficial for long -term
conservation and desirable for local communities. Although it is the priority objective of the
ARBDD Management Plan, the ecological reconstruction of unproductive degraded land is not
achieved due to the divergent interests of local institutions and the situation of private properties.
– Intensive fishing and poaching led to a reduction of the fishery resource. Although the
National Fishing and Aquaculture Agency changed and updated the fishing law, introducing new
rules for this act ivity in the Danube Delta, including banning fishing in certain areas, and fishing
17 You can find the article here:
http://www.wwf.ro/ce_facem/dunrea_i_delta_dunrii/proiecte_finalizate/expozitie_foto_delta_dunarii/
This problem of protected area management is not only a good source of
research but also a good source of debate to underst and what is or is not
good to happen, because what's happening in these areas may also affect
what happens at the macro level. One of the most active NGO in the
problem regarding the evolution of Danube Delta is WWF.
16
for sturgeon species is forbidden over a period of ten years, operations of the control and justice
institutions are ineffective in ensuring compliance with the law s.
– Tourism: the chaotic development of tourism in recent years is a growing threat to the Delta's
biodiversity, and this trend continues to grow. Local communities are not benefiting from tourism
development, but on the contrary, they feel ignored by the in vestments made by entrepreneurs.
The natural resources of the Delta must be the source of income for its inhabitants, the only ones
that respect the values of the Delta and which can help for preserving biodiversity.
– Transforming beaches and setting up t ourist resorts has a major impact on coastal beach
habitats, unique in Europe. Such plans for tourist resorts violate both the provisions of the EU
Directives on the conservation of biodiversity and also the biosphere reserve status, UNESCO
heritage. In fa ct, the European Commission has recently asked Romania to deal with the
inappropriate aspects of protecting the natural environment of Sulina, and the Commission is
concerned about the poor procedures for assessing the potential impact of tourism developme nt in
this area, which is part of the European Network of Protected Areas Natura 2000. If, within two
months, the authorities do not inform the Commission regarding the measures taken to ensure
compliance for EU legislation, the Commission may refer the ma tter to the European Court of
Justice.
” Jungle law in Danube Delta” is the name of the article in
which it is presented how the WWF Romania team has just brought back to Bucharest the Danube
Caravan after an informative tour through Drobeta Turnu -Seve rin, Bucharest, Constanta, Tulcea
and Mahmudia, but also after visiting another 20 cities in Serbia, Bulgaria, Hungary and Croatia.
The tour informed a bout the threats faced by the Danube, the ecosystems and the communities that
depend on the river, as wel l as the existing solutions. Raising awareness was their target.
Since the end of the last century, human intervention has chang ed over 70% of all the
wetlands of the Danube. Along the rive r hydroelectric power stations were built , dams which
affected the ecological function s. The construction of large navigation systems (the Iron Gates )
had a critical impact on biodiversity.
Although in some sectors the level of awareness of the damage caused by human
intervention increase d, new threats continue to emerge. Navigation projects, overexploitation of
resources, poaching, development of infrastructure which affects the environment or lack of a
unitary vision to address the challenges of the Danube Delta threaten to further affect the unique
natural ecosystems in the Delta. Climate change is another challenge that threatens thousands of
17
plant and animal species and dozens of ecosystems with consequences as: more frequent floods,
longer droughts, low fish reserves and reduced biodiversity.18
In the isolated, rural world of the Danube delta, daily life is centred on a harsh and
unforgiving landscape. Men cut through tall reeds and ice to bring in the harvest by boat, orthodox
church -goers fill vessels of holy water. Here, the river is the central protagonist: the villagers find
themselves at the margins, physically and symbolically pushed to the edges of the frame.
Started in 2012, near the beautiful Danube Delta in the city of Tulcea, PELICAM
International Film Festival tries to improve the relationship between the viewer and the
environment in which he lives every day , raising the awareness regarding the problems we all need
to confront.
Pelicam has four categories of international f ilm competition: Features , Shorts , Black Sea
Docs and a section dedicated to documentary films from and about the countries neighboring the
Black Sea (Romania, Georgia, Ukraine, Russia, Bulgaria, Turkey, Moldavia) , and Fresh
Perspectives , the competition f or documentary films especially aimed at young audiences, that
propose or present alternative solutions for a sustainable future.19
So, governments and non -governmental organisations should provide resources to develop
campaigns directed at the national pop ulation, aimed at increasing public awareness about
indigenous ’ cultural and spiritual values and rights. This is to help ensure that the society , as a
whole , recognises the rights of indigenous people and understands the environmental benefits of
respecti ng these rights.
18 https://adevarul.ro/locale/tulcea/legea -junglei -delta -dunarii -salvaparadisul -peric ol-adevarul -live-1100 –
1_557fc9a1cfbe376e3553b8c3/index.html
19 https://www.pelicam.ro/en/
18
In the Danube Delta, fewer control institutions could operate, and the Ministry of the
Environment is going to analyze which are efficient and which are not, and which should no
longer have control duties in this area.
“There are t oo many control institutions in the Danube Delta and we need to see what
we're going to do. It is not about a single control body here, but we need to look at how
effectively these authorities are involved. I want to try to make these activities more effic ient and
this efficiency means a reduction in the number of institutions which have control in the Danube
Delta, but we need to take legal action, regarding the operating system of those institutions,
which are not just here, but also in other regions. It is a matter to be analyzed.” said the Minister.
The Minister also said that, regarding the speed limit for boats in the Danube Delta, they
will be controlled very easily, as only boats with a certain engine power will have access to this
area.20
“Now, a gov ernment decision is analyzed regarding the power and not the speed of the
boats in the Danube Delta. We will analyze and find the most appropriate solution. But control
institutions need to be more efficient and stronger.” said the Environment Minister.21
There are more than six control institutions in the Danube Delta, including the Border Police, the
Danube Delta Biosphere Reserve Administration, the RBDD Environmental Guard and the
Tulcea Police Inspectorate .
20 Until last year in the Danube Delta there was no speed limit for boats.
21 You can find the article here: http://www.obiectivtulcea.ro/mai -puine -instituii -de-control -in-delta -dunrii/
19
22
way of making a living in the small rura l villages surrounding the protected biosphere. Families
living there have had this way of life for decades, perhaps even centuries and nowadays the
quantity of fish allowed is just 3 kilos per week, not enough for eating, let alone selling it in
markets. By comparing the years 2006 and 2016, we can see how the severity of the law advanced,
without taking into consideration how it drastically affects the life of locals who, up until 20 years
ago, were able to make a good living out of fishing.
Secondly, it is stressed how the institutions responsible for preserving and protecting the
local environment are far too many and far too inneficient, often times clashing with each other
when they rarely try to do something. Thus, even though the initiative to put ce rtain restrictions
on fishing are good in theory, in practice they only fine the old people fishing there, without trying
to actually preserve the biosphere. In the interviews, locals have talked about how many parts of
the Delta have become uninhabitable by fish due to the weeds growing in the water and how the
Government, despite being asked for help, is abosuletly indifferent to the problem. Furthermore,
in the Tulcea county, it is not uncommon for the people to dump their wastes in the Delta, without
any interference from the local Government, in the forms of fines or otherwise. The point of this
paragraph is to show how the institutions are simply making things worse all around, by
introducing laws which gravely affect the population, without actually h aivng an interest in
preserving the ecosystem.
The third and final point which can be drawn from the documentary is that due to
Government interference in the local way of life and several other factors, the young population
of the area is almost gone, lea ving only the elderly to inhabit the Delta area. This problem was
22 https://www.youtube.com/watch?v=5umM5OnE0Hk
Upon revision of the
„Izolați în Rom ânia: Locuitorii
cătunelor din Delta Dunării ”
documentary which shows
footage and interviews from
2006 and 2016, several ideas
can be drawn.
First of all, the laws regarding
fishing and farming in the
Delta area greatly affect the
aging resident population ,
mainly by restricting the only
w
20
adressed by almost all the people giving interviews for the TVR produced documentary. In a few
decades the senior population will be all gone and the former cities will become only memories of
what they have previously been.
To conclude, the implemention of laws against fishing and farming, the incompetence of
both the local and the national Government and the rapidly aging population are all factors
contributing towards the distruction of th e Danube Delta, which through its flora and fauna is
unique in Europe.
Chapter 4: the practical research process
➢ Research area due to professional and personal interest
Why did we choose this theme and research area? Maybe if someone would have asked this
three months ago, the answer would have been quite ambiguous; an idea that seemed to have
potential, a problem that some of us have seen manifesting in everyday life and about which the
others have at least heard, but from these small ideas until the final research, the path has been
quite long. We started with reading from different sources , looking in one or two newspaper s, and
then bec ame more and more interested, because the subject seemed to be getting clearer with every
new information. Finally, the level of awareness is the most important factor that made us make
every effort to complete this work.
Some people's desire to change something, even the smallest of changes, and the curiosity of
discovering new perspectives of others; I think this is the best way to describe our catalyst. Anyone
can read a book or an article, but when you dig deeper and actually get to the roots which actually
matter , it turns out that things are totally different and behind official statements there are many
people who , in fact, do not agree with what they say, but they do not have the power to change
that or you can understand how a new regulation made from a pen in an office does not really have
the expected effects for the people who actually feel those changes.
There are many issues which we found as being very important, but one of the most important
ones is that there is insufficient training given to local people, which often leads to
misunderstandings between people and institutions; some community members are inte rested but
do not have sufficient time to be involved as they are extremely poor and need to work a lot in
order to survive T he benefit sharing between community and government needs to be
communicated more efficiently and strengthened by the legal framewo rk. Community members
also need to be made aware that they have the potential to increase their livelihoods and that they
have an increased stake in protecting local resources. By understanding the processes and benefits
21
of sustainable use of natural resou rces, communities would have become more involved in local
resource management activities. Regarding the professional interest, we think that just for the
simple fact that we have collaborated with public institutions and succeeded in working as a team
is the best beginning in knowing how to handle things in future scenarios.
➢ Operationalization , indicators and data analysis
As stated before, our principal hypothesis for this research is: The more severe the
environmental laws are, the lower the demographi c rate in that area is.
In order to obtain accurate measurements, we need, first of all, to operationalize the terms used,
so to strictly define variables into measurable factors. This process defines fuzzy concepts and
allows them to be measured, empiri cally and quantitatively.
1. Sever e environmental laws – I think this element is the most difficult to operate, giv ing the
fact that the “severity” level can vary in a subjective way. However, the first idea we want to
outline is that we, the ones who r ealize this and those who are going to read it, are rational beings
and, after analyzing concrete events, we can draw the appropriate conclusions. In this context, in
the first phase, we will provide a common example , a scenario in the Danube Delta: when a person
does not live in one of the mo st populated areas and the natural resources are the main way of
survival, and some authorities impose restrictions on fishing, hunting or other activities for the
next two or three months. This could be an example whe re environmental laws are considered to
be severe.
On the other hand, there is also a more practical part to measure this term. An appropriate
indicator is the aging rate of the population. Because of the restrictions of recent years, the young
population began to migrate in a massive way, thus causing , statistically , a faster aging process for
population.
The Delta ’s center, by its nature, remains an isolated, hard -to-reach area . The rate of
emigration both to other areas and outside of Romania is one of the highest in the country, resulting
in a constant drop regarding the population rate, from 14,000 in 2002 to around 11,000 in 2012.
Moreover, as I said, the population is aging, averaging 47 years in the Delta area, compared with
44 years in the rest of the country. The Danube Delta region is facing significant challenges
because of the aging population. This has a negative effect on the local economy, including the
agricultural sector. Holdings managed by elderly farmers are usually less open to restruct uring and
modernization and are generally less competitive.23
23 The Integrated Strategy for Sustainable Development of the Danube Delta – August version 2016
22
The implications of the new regulations on civil society can also be determined by the
unemployment rate, as many of them act in areas where people have various activities.
Unemployment rat e
24
The data presented here is from the 2006 census, but until nowadays the unemployment
rate has increased. The main need expressed by the locals was job -related, the lack of which
especially affects the young age population. Agricultural opportunities are l imited by the lack of
agricultural land in most delta villages, and employment in other cities is limited by isolation and
high overall unemployment in the area.
Also, another indicator can be identified by comparing the implementation periods. Until
2006, the restrictions laws were fewer , clearly formulated and known by most locals ; after this
period, things began to change:
– ORDER no. 342 of May 28, 2008: The minimum dimensions in centimeters of the living
aquatic resources in the public domain of the state, which may be captured from the aquatic
environment, are set out in the annex which is an integral part of the present order. The size of
the fish for fishing is determined by measuring the distance between the mouth the caudal fin. In
the presen ted order you will find a long list containing all the measurements.25
– ORDER no. 239 of 28 April 2009 on the prohibition of overnight fishing: It is prohibited to
fish for any species of fish and other aquatic animals on the Danube and the Danube Del ta during
the night from 22.00 to 06.00. Boats used for commercial fishing of any species of fish and other
aquatic animals on the Danube during the night between 22.00 and 06.00 are prohibited. Failure
24 Data from the 2006 census
25 Government Emergency Ordinance no. 23/2008 on fishing and aquacultu re, published in the official monitor no.
410 of 2 June 2008
23
to comply with the provisions of art. 1 shall be sanc tioned by the withdrawal of the boat driving
licence , boat license or fishing authorization by the inspection and control personnel.26
– ORDER No.7 of 15 January 2010 approving the rules on access to public water resources in
the public domain . To be a ble to practice commercial fishing with boats, fishermen must meet
the following conditions:
a) be enrolled with a fishing license;
b) to hold a commercial fishing permit;
c) be enrolled in the commercial fishing authorization;
All fishing vessels haveing more than 15 meters in length shall have a satellite monitoring
system installed on board.
Landing points for boats must meet the following conditions:
a) to provide all the facilities to allow fishing boats to land;
b) to be inscribed;
c) to be registered with sanitar – veterinary conditions ;
d) to have fish weighing devices;
e) to display a program.27
– ORDER No.126 of 8 February 2010 on the prohibition of fishing in 2010:
Implementat ion of m easures prohibiting fishing for commercial and family fishing of any fish
species and other aquatic species in natural habitats, for a period of 60 days between 5 April and
3 June inclusive, including waters of the state border.
In biologica l recovery areas / protection zones are prohibited:
a) fishing for any species of fish and any other aquatic species ;
b) works which prevent migration, reproduction or endanger the existence of living aquatic
resources, such as narrowing the water course, cutting and harvesting plants, extracting sludge,
sand and gravel;
c) works in the shores area, as well as cutting trees and shrubs on the shore;
d) the growth of domestic ducks and g eese;28
26 Government Emergency Ordinance no. 23/2008 on fishing and aquaculture, published in the official monitor no.
293 of May 5, 2009
27 Published in: official monitor no. 64 of January 28, 2010
28 Published in Official Monitor 109 of 18 February 2010
24
Similar restrictions in other periods of time:
– Order no. 29 of 2 February 2011 published in O fficial Monitor no. 166 of 8 March 2011
– Order no. 40 of 27 February 2012
– Draft Order on Fishing Prohibition in 2013, Government Emergency Ordinance no. 23/2008
on fishing and aqua culture
– Order 83 of 17.02.2014, published in the Official Monitor , Part I no. 116 of 17.02.2014.
– Order no. 307/152 of 11 February 2015
– Order 154 of 02.02.2016 / 204 of 05.02.2016
– Order no. 12/144 of 2017
– Order no. 8/174/201829
Fish caught from 1993 to 20 11 (tons) 30
We can observe here a big difference between 20 10 and 1993 , and until today the rate
continued to fall.
29 https://www.info -delta.ro/legislatie -p5.html
30 You can find the table here:
http://www.ddbra.ro/documente/admin/2015/PLAN_DE_MANAGEMENT__FINAL_2015_.pdf
25
We used this type of coefficient to measure how strong a relationship
is between two variables, namely between the demographic rate and years
of measurement . As w e can see, the result is a negative one, which means
that the tendency is that of a decreasing rate. Also, we can observe that even
if the line is decreasding since 1966, it is not really a sudden decline and
after that we have a long period of time of equ ilibrium. On the other hand,
around 2007 -2008 we can observe a sudden decline which persisted until
2012 and even today (corresponding to a -0.93213 Pearson coefficient).
So, how can we classify some laws and restrictions as being severe? Well , there are s ome
principles which are not respected (see the principles in Chapter 3 Definitions and literature
analysis). Agreements between representatives of the respective communities and conservation
agencies for the establishment and management of protected areas should contribute to securing
indigenous peoples’ rights, including the right to the full and effective protection of their areas,
resources and communities. At the same time, such agreements should define the responsibilities
Year Population
1966 19718
1977 14530
1992 14530
1997 13612
2002 14295
2007 14934
2008 15091
2009 13694
2010 13583
2011 12307
2012 12638
Pearson coefficient = – 0,77793
26
of both parties to conserve and sustainably manage the resources of those communities, and which
protected areas are intended to safeguard.
As part of the development of such agreements, the indigenous communities’ rights should
be respected in relation to the lands, territories, wa ters and other resources which they traditionally
own, occupy or use, and which fall within protected areas: rights regarding sustainable, traditional
use of their lands; rights to participate in controlling and managing their lands in compliance with
agreed management regulations and plans; rights to participate in deciding on issues, such as
technologies and management systems; rights to participate in determining priorities and strategies
for the development or use of their lands; rights to use their own traditional institutions; rights to
improve the quality of their lives, and to benefit directly and equitably from the conservation and
ecologically sustainable use of natural resources; collective rights to maintain and enjoy their
cultural and intellect ual heritage, particularly the cultural patrimony contained in protected areas;
rights not to be removed from the zones they have traditionally occupied within protected areas
etc..
However, since legal recognition of rights does not fall within the mandat e of protected
area managers, managers should promote interim arrangements with the respective indigenous and
other traditional communities. Also, any access restrictions should be agreed on with the
communities concerned, and appropriate compensation shou ld be given in cases where such
restrictions are considered necessary by all parties, to ensure appropriate conservation of the
resources contained within the protected area.
Development of agreements should be framed within national protected area objecti ves,
plans and policies, and within the framework of national laws and regulations. This is necessary
to ensure that agreements are consistent with national objectives and obligations towards the
protection of the natural and cultural heritage of a given c ountry, including any relevant
international obligations (e.g. under international conservation agreements).
2. The demographic rate
As we already said, the demographic rate refers to the population’s dynamics; this rate is
usually determined by some in dicators such as: the size, structure, and distribution of these
populations, and regarding birth , migratio n and aging . These statistics represent the main
indicators for the demographic rate.
On the other hand, regarding our research question and the study area, we consider that
there are also ot her “indirect” indicators for demographic rate, represented, if you want, as a chain
reaction. Because it is about laws applied in a specific territory , we can use as relevant indicators
the development in the last few years of the infrastructure, educatio n, medical system, the use of
lands, and other facilities. Why can these indicators be relevant for the demographic rate? Well it
27
is quite simple, because if the areas remain poorly developed and living decently will be harder
and harder, people will leave .
Factors that may affect the demographic rate:
1.Aspects of natural environment quality :
– specific natural resources ;
– area biodiversity ;
– the combination of natural and anthropogenic components in cultural landscapes ;
– assessing and locating natura l hazards ;
2. Developing the network of localities in the Danube and Delta :
– the degree of development of localities through existing resources ;
– providing the basic facilities for all the inhabitants of the area ( see the issue of the isolation of
the De lta localities) ;
– the quality and ability of living ;
– education;
3. Development of the technical infrastructure network.
– the transport routes and the provision of fluent and environmentally friendly transport links,
– households and waste management,
– energy and natural gas supply.
4. Territorial division and economic activities.
– aspects of soil occupancy by various economic functions and their interference with
the natural elements existing in the area.
Demography
In the Danube Delta, 28 localities (villages and a town) are officially registered, with a
population that has fluctuated over time because of the evolution of the economic importance of
the area. In the 1912 -2002 period, the numerical evolution of the population was decreasing, even
if there were also time intervals when the population increased. During this period the number of
inhabitants of the Danube Delta decreased by over 3,500 inhabitants, corresponding to an average
annual decrease of 2,5 ‰.
The largest population growth occurred between 1948 -1956 (12.6 ‰), due to the natural
growth in the rural area (13.4 ‰), and the lowest took place between 1966 -1977 ( -14, 7 ‰) due
also to the decrease of the rural population which in the mentioned period decreased by a quarter.
This demographic decline was due to the migration of the labor force, especially to Tulcea. The
28
large floods of the 1970s and 1975s also determined that part of the rural population to move to
extra -delta areas.
In the 1966 -1977 period the population decreased significan tly in all the communes in the
delta: Ceatalchioi, -43.6 ‰, Maliuc, -30.0 ‰, C.A. Rosetti, -27.9 ‰, Pardina, -19.3 ‰. After 1990,
in the Danube Delta the local population in both urban and rural areas continued to decrease, even
though during this period t here were also positive increases in some localities, especially after
1997, following the return of some residents as a result of the restructuring of the industry.31
Evolution of population – censuses32
The average population density is very low (5. 4 loc./km²) due to the extensive areas of
lakes, canals, waterlands etc., unfavorable to the development of human settlements. The r are
network of localities, small number of inhabitants, low rate of dry area s contributed to the
maintenance of a small numb er of inhabitants and a low density: Sf. Gheorghe (1.8 loc./km²),
31 Management Plan and Regulations of the Danube De lta Biosphere Reserve
32 Idem
29
Pardina (2. 2 /loc. km²), Crisan (3.4 loc. / km²), Maliuc (4.1 loc. / km²), CA Rosetti (4.2 loc. / km²),
Chilia Veche (6.8 loc. / km²), Ceatalchioi (6.9 loc. / km²), Sulina (13.96 loc. / km²).33
Sewage systems
34
The city of Tulcea is supplied from surface sources. The m ajor disruptions in the water
supply of the city are the inefficient use of water resources and the high wear of the specific
infrastructures. For all water supply systems in the area related to the Danube Delta Biosphere
Reserve, the water source is also the surface source.
The main dysfunction of the area is the lack of drinking water in most of the localities. In
this case investments are needed in the modernization of t he water purification process for the
water taken from the Danube, as well as the extensions and rehabilitation of the water distribution
networks.
The problem of collecting and discharging wastewater is a particularly important problem
for the protection of groundwater and surface water resources, which has been addressed only in
a few areas . The conclusions drawn from the analysis of the existing situation of water supply and
sewages in the studied area are:
– the drinking water supply of localities is an a cute problem in the area, especially in
The Danube Delta. The water supply systems existing in all administrative units require
investments for expansion and modernization in order to meet current water requirements ;
– the groundwaters of the Danube Delta have a high chlorine concentration and are
unproductive, which has led to the use of the Danube river water as a source of water, given that
the quality of the water has greatly deteriorated compared to the period 1950 -1960 for example;
33 Idem
34 Idem
30
– there are sewage systems in about half of the units which have centralized water supply, and
in the rest of the units the waste water resulting from the consumption of the population is being
discharged directly into the Danube ;
Education
35
The proportio n of high-level teachers in the Danube Delta is 50% lower than the country
average. The explanation of this phenomenon refers to the difficult living conditions that do not
meet the aspirations and needs of this socio -professional category. It is the resul t of not achieving
a positive correlation between income and needs, as well as other factors that determine the
quality of life.
By decision no. August 27/5, 1996 some socio -economic facilities were created to attract
and stabilize this socio -professional category, but this does not completely solve the problem.
One of the causes is the low -quality level of student training, which stops their access to medium
and higher education. To this is added the relatively low economic standard of some families
which does not allow them to support their children in high school or college.
Regarding the material basis for education , it is different from one locality to another.
Facilities for small human settlements are almost non-existent. The factor that negatively
influences the quality of education is the low proportion of qualified teachers. Some material
issues , such as the lack of canteens or student hostels, are added. It mainly affects children in
villages where only primary schools work or do not have any kind of school (being isolated) and
have to go through large distances, sometimes in very difficult conditions, especially in winter,
to attend school.
35 Management Plan and Regulations of the Danube De lta Biosphere Reserve
31
Transport networks
Transport networks have been analyzed from the point of view of internal traffic and in
the context of connections with neighboring areas. The existence of almost non -circulating roads
or their absence on the territory of RBDD presents the following disadvantages:
a. providing very difficult links with important implications regarding: s olving medical
emergencies (in winter, in Sf. Gheorghe the only solution is the use of a helicopter), the school
children coming to school, the consequences on the econom ical field of the area;
b. difficult access between delta and municipality towns, which makes the delta inhabitants
isolated;
c. heavy utilization of own products (agricultural products), capitalization that would ensure
the minimum conditions of existence for the inhabitants of the delta;
d. reduction of tourism potential in the area, with negative effects on the living standard of the
population ;
Existing roads in the Danube Delta that should have been usable :
– Tulcea – Ceatalchioi – Pardina – Chilia Veche
– Nufăru – Ilganii De Jos – Partizani – Vulturu – Gorgova
– Sulina – Cardon – C.A. Roseti – Periprava
– Sulina – Sf. Gheorghe – (littoral pier)
Natural gas supply
The localities of the Danube Delta are not connected to the gas supply network and
people use wood or electricity (electric radiators ). Consumption of natural gas is currently very
low, but once new areas are connected to the national gas network, it will increase the comfort of
people and will significantly low the consumption of wood used for heating.
The need to implement large -scale projects in the field of renewable energy production
arise both from socio -economic reasons and from the need to align our country with European
standards on environmental protection and the living standards f or indigenous people. The
territorial distribution of renewable energies shows that the Danube Delta also has a high
potential for solar energy .
32
Division of territories
Regarding the legal status, more than 80% of the Reserve lands belong to the public
domain of national interest being managed by the Administration of the Da nube Delta Biosphere
Reserve, the rest of the area be longing to the public domain of local interest (about 19%) and
private.
It can be noticed that the efficiency of ARBDD territories (including Sf. Gheorghe and Sulina) is
the lowest .
.036
36 Planul de Amenajare a Teritoriului Zona l ,,Delta Dunării” –
http://www.mdrl.ro/_documente/dezvoltare_teritoriala/amenajarea_teritoriului/patz_delta_dunarii/CD_Predare2_1/S
trategie_at_2_final.pdf
33
➢ The fieldwork
Before presenting the fieldwork, we need to understand the process of sampling, which
basically represents the process of selecting units from a population of interest, so that by studying
the sample we may fairly generalize our results back to the popula tion from which they were
chosen.
Our study population is represented by people living in Sfantu Gheorghe. We chose Sfantu
Gheorghe because it is the only area more easily accessible; we could not have chosen Sulina
because it is the biggest populated region in the Delta and the most developed, so we considered
that the research would have not been conclusive, because we were searching for the average type
of people, who would be representative for the entire resident population.
So, for the applied par t of the research we used quantitative data and probability sampling
(probability sampling is a sampling technique, in which the subjects of the population get an equal
opportunity to be selected as a representative sample ) because we chose the stratified random
sampling method. In this method the population is divided into two or more groups called strata,
according to some criterion, such as geographic location, grade level, age or income.
We had to adapt a little bit the method of sampling because the r esearch region was a small
one and if we would have chosen all the basic strata (location, grade level etc..) the probability to
have most of the pers ons in the same strata , would have been a big one . So, residence, age and
education were us ed as identification elements, while the two strata were represented by:
unemployed (people who live from personal activity such as fishing, farming, household or crafts)
and employed/ personal business (people who are employed – in institutions, hotels, r esorts – and
people who have their own little business, like those who during summer rent the rooms in their
house or bring tourists with their own boats). The age limits were chosen between 30-50 because,
usually, people between these limits are already se ttled in a place along with their family for a
quite long period of time and, on the other hand, it is supposed that between these years you already
Our target population is represented by
the people living in Danube Delta, because this
is the target area for the laws which are
included in our research. The population from
Tulcea w ill not be included in the fieldwork
but will be used for comparisons regarding
different types of development and evolutions.
34
have at least a minimum idea about what happened in the past and what is happening around you
now.
The sur veys were taken from the people fit for our target, in Sfantul Gheorghe, in one day,
starting in the morning till evening , on 26 of May . Our target was 50 people and even if it is a quite
small number (it still represents almost 6% of population if we cons ider the population of Sfantu
Gheorghe around 850), it was chosen regarding our research resources : time, money and energy.
The survey37
Residence: Sfantul Gheorghe
Age (30 -50): ……
Education: middle school high school college other
Income: unemployed
employed or personal business
1. Local people depend on the natural resources of the Delta. What do you think?
Strongly agree
Agree
Disagree
Strongly disagree
2. Do you think that the development of tourism in recent years has led to the loss of local
traditions?
Yes
No
I don’t know/ I don’t answer
3. Do you think that, despite the restrictions for environmental protection, the development
of transport infrastructure is necessary?
Yes
No
I don’t know/ I don’t answer
4. Do you think that environmental restrictions force local people to find other workplaces
and sources of income?
Yes
No
I don’t know/ I don’t answer
37 Tran slated version
35
5. How satisfied are you regarding the communication relationship between administrative
institutions and local people?
Satisfied
Neutral
Unsatisfied
6. Do you consider that the laws which impose restrictions regarding the activities in the
Danube Delta make your life harder and make locals leave?
Yes
No
I don’t know/ I don’t answer
7. On a scale from 1 to 10, do you think that lo cal people are part of the decision -making
process of the environmental authorities? (1= they surely are not; 10= they surely are)
1 2 3 4 5 6 7 8 9 10
8. Have you ever been fined for not obeying the law? (regarding documents, approvals ,
boats, fishing, growing animals etc.)
Yes
No
I don’t know/ I don’t answer
9. Which institution do you think is responsible for enforcing the law in Danube Delta?
ARBDD
Local public administration
Delta police (Ministry of Internal Affairs)
Border Police
Environmental protection agency
All of the above
None of the above
10. Which one do you think is most important?
Keeping the picturesque landscape
Development of local businesses
36
➢ Data analysis
In order to analyze our data, we have created some charts sh owing final result s of the surveys.
(A= number of answers)
Q. 1
A= 21 26 3
Q. 2
A= 23 19 18
37
Q. 3
A= 43 7 0
Q. 4
A= 32 18 0
38
Q. 5
A= 9 35 6
Q. 6
A= 34 10 6
39
Q. 7
A= 4 3 0 16 7 11 0 9 0 0
Q. 8
A= 4 46 0
40
Q. 9
Q. 10
A= 11
0
31
0
0
8
0
A=
42
8
41
➢ The interview
We also used the interview met hod with the objective of collecting relevant information for
the purpose of research an d getting the story behing a participant’s experience. The opportunity of
the interview represented for us the polisibili y to interact directly with an "in side" person , because
we wanted to try to see things as they do.
The interview was conducted on 7th of June , at ARBDD headquarters in Tulcea, with Alina
Codreanu, head of information and environmental education office. We managed to get to this
person through a former high school teacher who has been involved in various activities within
the ARBDD.
Regarding the structure, we used a structured interview, which, due to the interviewed person’s
busy program, lasted about 25 minutes . Also, we could not use audio recording, so all notes were
handwritten . During the interview we followed some important steps as: increase the receptiveness
of the respondent by making him/her believe that his opinions are very useful to the research and
it is going to be a pleasure rather than a must; we paid attention to the introduction, when the
interviewer identified herself by giving name and the purpose of the study; we wrote the responses
at the time of interview; paid attention to surroundings and behavior and after the interview, the
interviewer thanked the respondent and once again assure him about the worth of his answers.
We consider this interview as being very useful and we need to admit that it is an important
part for our research – to understand literally the institution’s persp ective – even if they try in any
context to highlight that they are always “the good guys”.
Q: After studying the censuses, we noticed that the demographic rate was higher in the past,
but in the following years , the focus was on restricting the various activities in the Delta, and the
demographic rate decreased. What do you think?
A: I think one of the main reasons would be the aging of the population. The phenomenon of
overexploitation of resources has occurred in the past, and now these restrictions a re necessary.
But it is also about the behavior of young people, who no longer want to work as their
grandparents did for food, to wake up at three in the morning to fish or cut reed. Times have
changed, and people need to adapt. Also, the decrease in the demographic rate is also due to the
high number of abortions, since 1990 abortions have become even more frequent in this area.
I think the most important thing that should be better applied is the strategy regarding
awareness, and the importance of both e nvironment and people, this is the only way we could find
a consensus.
42
Q: At the same time, after 2006, the demographic rate has a slight increase, which would be
the causes?
A: Yes, it is right , although many people have left, some have returned, and ot hers have come
to take advantage of the economic potential. Some have returned to this area after a period when
they, most likely , have saved money to open a small business; on the other hand, there are more
and more investors for big private business . In Uzlina, for example, many old people sold their
land almost to anyone who was willing to buy them to move somewhere where it would be easier
for them to live . However, you need to know that regardless of the fluctuations in the demographic
rate, as a tende ncy, it is constantly decreasing.
Q: What do you think about the fact that not long ago there was no speed limit for boats in the
Delta?
A: This problem has always been one of our priorities and especially for those from the Naval
Administration of Romania (ANR), but the procedures have been difficult to fulfill. The first
initiative was to limit engine power for all boats, but it was much debated and there were many
objections regarding the discrimination issue, because there are already many peop le who have
very powerful boats (which obviously increase the noise pollution, not to mention the destruction
of small canals or even nests). Speed limits have been established, and the second project is
currently underway, which is to install radar system s on each boat, but the project is very
expensive and fundin gs does not really exist.
Q: Which local or administrative institutions do you think that have the most influence on
local people lives in the Delta?
A: I believe that ARBDD and the County Coun cil are the institutions that interact most with
people, especially as a degree of involvement. We also collaborate with the research institute, and
they also get in touch with locals. However, I believe that the issue here would be territorial
division, b ecause in the Delta the territories are specific to each institution, which also makes the
interaction with the inhabitants to be divided .
Q: If you could radically change one thing in the Danube Delta which would be that?
A: I would definitely apply the awareness strategy about which I was talking earlier, wherever
and whenever possible. Adult behavior and children's education are the most important factors
affecting almost everything. And especially the education of people coming from outside the Delta,
43
the institutions do not have the power to control each person, and the activities and behavior of
tourists affect both the environment and the people who already live in these areas .
Q: Do you think that there are some restrictions that violate human righ ts? (for example, in many
areas, in winter, food sources are minimal and transport almost inexistent)
A: I would not call it human rights violations, but it is true that in certain periods of the year life
in the Delta is harder. For example, during the wi nter the Sulina channel is given much more
attention, because it is a maritime channel, but not the same thing happens to Sf. Gheorghe,
where if the Danube freezes , the access is impossible. It is true that there is an icebreaker, but its
use is not our re sponsibility, and the other institutions do not think it is so important considering
that in the last years it remain ed stuck in ice before it reache d the destination. However, for
emergency situations there is a helicopter. As for restrictions, it will st ill exist, in nowa days
social conditions they are extremely necessary.
44
Conclusions and possible solutions
We consider that the charts and the interview are expressive enough regarding the conclusions,
but we still need to clarify so me ideas.
It is sometimes assumed that protected areas must be in conflict with the rights and traditions
of indigenous peoples on their domains. In reality, where indigenous peoples are interested in the
conservation and traditional use of their lands an d other resources, and their fundamental human
rights are accorded, conflicts will not arise between those peoples’ rights and interests, and
protected areas.
Specifically, what many indigenous peoples’ organisations have demanded is that protected
areas e stablished on their lands:
– effectively protect those domains, as well as the people and cultures they contain, from
external threats;
– recognise indigenous peoples’ rights to their lands, waters and other resources;
– recognise their rights to contro l and co -manage these resources within protected areas;
– allow participation of traditional institutions in co -management arrangements within their
terrestrial domains;
– recognise the rights of indigenous and other traditional peoples to determine thei r own
development priorities – as long as these priorities are compatible with protected area objectives;
– act along with their informed consent;
– incorporate sustainable use of natural resources using methods that maintain the integrity of
the ecosyst em and that have been used traditionally by indigenous people;
Also, the management of protected areas should occur through a formal mechanism, which
recognises both rights and responsibilities, for example by management and co -management
agreements. Indig enous and traditional institutions which co -manage those areas, as well as the
respective local, provincial, or national protected area agencies, should be mutually accountable
for the fulfilment of the agreed objectives and plans. This is one of the bigge st problem regarding
the management of the Danube Delta; there are too many control institutions for the same areas
and objectives and this is why it is a very baffling system. The responsible and control institutions
in Danube Delta are the following:
– Danube Delta Integrated Control Board (applies government policy on preventing,
detecting and sanctioning law violation)
– Local public administration
– Environmental guard
45
– County Committee for the Prevention and Control of Fishing Poaching in the Danube
Delta
– The Delta Police
– Gendarmerie
– Border police
– The Transport Police
– National Agency for Pisciculture and Aquaculture
– ARBDD
– RBDD Commissariat of the National Environmental Guard38
Mutual assessment of performance should be encouraged through regular monitoring and
transparent reporting by both protected area agencies and indigenous peoples’ organization.
The process of establishing new protected areas on indigenous peoples’domains should
fulfil at least the following procedures:
a) collabora tive research with the indigenous concerned for the identification of the features that
make the area suitable for protection ;
b) agreement on the designation and management of the protected area, involving the respective
organisations and communities, rel evant government agencies, non -governmental conservation
agencies, and other stakeholders, including arrangements which will ensure mutual
accountability ;
c) collaborative development of a management plan between the respective government and non –
governmen tal conservation bodies and the communities concerned;
38Consiliul de control integrat Delta Dun ării (aplic ă politica guvernului privind prevenirea, constatarea și sanc ționarea
încălcărilor legale
Administra ția public ă local ă
Garda de mediu
Comitetul jude țean pentru prevenirea și combaterea brac onajului piscicol în Delta Dunarii
Poliția Deltei
Jandarmeria
Poliția de frontier ă
Poliția transportului
Agen ția na țional ă pentru piscicultur ă și acvacultur ă
ARBDD
Comisariatul RBDD al g ărzii na ționale de mediu
46
Bibliography
• ADAMS, W.M .; Hutton , J., “People, Parks and Poverty: Political Ecology and
Biodiversity Conservation. Conservation and Society ”, V.5, 2007
• BELTRÁN, J. , “Indigenous and Traditional Peoples and Protected Areas: Principles,
Guidelines and Case Studies ”, Cardiff University , 2000
• BRYMAN, Alan, “Social Research Methods”, Oxford University Press, 2004
• FINGLETON , J. S. , “Legal recognition of indigenous group s. Food and Agriculture
Organization of the United Nations ”, Legal Office, 1998
• FIRESTO NE, Jeremy, JONATHAN Lilley, and Isabel Torres de Noronha , “Cultural
diversity, human rights, and the emergence of Indigenous peoples in international and
compara tive environmental law. ”, Rev. 20, 2004
• GILLESPIE, Alexander , “Protected areas and international environmental law ”, Vol.
168, Martinus Nijhoff Publishers, 2007
• KEENLEYSIDE, K. , “Ecological restoration for protected areas: principles, guidelines
and best practices ”, Gland , 2012
• MACHLIS, G.E ., “The state of the World's Parks: an international assessment for
resource man agement, policy and research ”, Boulder and London: Westview Press, 1985
• RUGG , Gordon , “A gentle guide to research methods ”, McGraw -Hill Education , UK,
2006
Other sources and li nks:
https://www.cbd.int/doc/meetings/sbstta/sbstta -09/information/sbstta -09-inf-21-add3 -en.pdf
http:// www.ddbra.ro/media/Starea%20mediului%202007.pdf
http://www.mdrl.ro/_documente/dezvoltare_teritoriala/a menajarea_teritoriului/patz_delta_dunari
i/CD_Predare2_1/Strategie_at_2_final.pdf
http://www.ddbra.ro/media/master%20plan%20RBDD(2).pdf
http://www.ddbra.ro/documente/admin/2015/PLAN_DE_MANAGEMENT__FINAL_2015_.pdf
https://www.eea.europa.eu/publications/protected -areas -in-europe -2012
47
Annex
Our team , our prespective
This a nnex represents our feedback and our views on the research process we have been
through. It should be considered that this a nnex is not related to the research subject, being a
personal feedback , that we consider necessary to be able to evaluat e the following projects in the
future.
As I said, the onset of the project was an ambiguous period, with a quite different theme,
information sources sometimes contradictory and quite a few theoretical sources. Although I
initially started the proj ect alone, I quickly felt the lack of a team . The fact that I found people
interested in the subject, prepared to get involved in a longer project than simple college meetings
for an essay , was the best thing.
Our team was completely formed a little later than others ’, but we were able to m obilize
pretty quickly. I (Horbenco Ana) and Tudorica Gabriel represented mostly the field and analysis
team, being from the same city. It has to be mentioned that field work was a new thing for us,
being the first time when we did such a project. The truth is that talking to people, se eing their
reactions, observ ing every trace of sadness or hope telling about what is happening in their lives,
and then turning all these things into information was demanding and enjoyable at the same time.
In the same context, the intervie w was a short but important moment, totally different from
the questionnaires. Feeling that we can do the right thing, that we will leave a good impression,
and the hope that we will receive relevant information has been permanent. Perhaps what we h ave
done has not the most accurate results, but the experience and new ideas about how such a process
should be run will certainly be useful.
48
At the same time . Cezar Maria, Neagu Irina and Văleanu Alexandru represented the
"information center", those wh o linked the fieldwork data to the theoretical framework. Certainly,
if they were not here, this would have been an impediment to the research process. They also
managed to mobilize and make us understand the importance of a team with clearly defined
attributions. They had the necessary patience and a variety of ideas, with which they managed to
conceive a large part of the theoretical part of the research.
Thank you for your attention .
So, I think we can all say that as a student, at least one
such experience is necessary, regardless of the f ield of study,
because only the theory applied in a practical way succeeds in
truly developing certain skills and abilities.
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