Current Legal Developments South East Asia

Transcription

1 The International Journal of Marine and Coastal Law 25 (2010) THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW brill.nl/estu Current Legal Developments South East Asia The Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security To be effective, actions must be taken before ecosystems are further traumatized or destroyed, before vested interests become too firmly established, before the arrival of that worrisome point of no return... Dr. Sylvia A. Earle, former Chief Scientist, NOAA Introduction The Coral Triangle Initiative (CTI) is a regional action plan for sustainable and economic fisheries development, and the protection of marine biodiversity and mangroves, through an ecosystem-based approach to fisheries management. 1 This article outlines the background to and the main goals of the CTI, describes the institutional support in place, and considers specific actions taken by some of the partner States to meet the CTI s goals. Background The CTI has its origin in a political action plan developed by President Yudhoyono of Indonesia in August This was approved by 21 Heads of States at the Asia-Pacific Economic Cooperation (APEC) Summit in September 2007, and the CTI was officially launched in December 2007 during the 13th Conference of the Parties to the UN Framework Convention on Climate Change in Bali. On 15 May 2009, during the World Oceans Conference Meeting in Manado, leaders from Indonesia, Malaysia, Papua New Guinea, Philippines, Solomon Islands and Timor-Leste (CT-6 States) signed 1 For further details, see: site accessed 8 April Koninklijke Brill NV, Leiden, 2010 DOI: / X520336

2 444 The International Journal of Marine and Coastal Law 25 (2010) the Coral Triangle Initiative Action Plan. Recognizing the Coral Triangle as the world s richest marine biodiversity area and mindful of the increasing threats the region faces from overfishing, destructive fishing practices, sealevel rise and increased sea-surface temperature, the leaders pledged their cooperation to work collectively through the agreement outlined under the CTI Action Plan. The Leaders Declaration reads: We, Leaders who are entrusted with the management of the world s most pristine coral reefs, pledge to conserve the sustainability and productivity of biodiversity for generations to come. Manado, North Sulawesi, Indonesia, 15 May 2009 Located along the equator at the confluence of the Indian Ocean and the Western Pacific Ocean and encompassing all or part of the exclusive economic zones of the six littoral States, the Coral Triangle is a triangular geographical area with approximately 6 million square kilometres of sea, which houses more than half of the world s coral reefs and almost all of its mangroves. Onethird of the CTI region s population (approximately 363 million people) is directly dependent on coastal and marine resources for its livelihood. The CT-6 States have finalised the priority geographical areas and target sites, as follows: Indonesia: the West Papua Province (target sites: Raja Ampat, Padaido Islands, and Kai Islands); Southeast Sulawesi Province (target site: Wakatobi Park), Savu Sea (target site: Savu Sea Marine Protected Area), West Sulawesi (target site: Makassar Strait), East Kalimantan Province (target site: Berau Islands), Sunda Shelf (target sites: Anambas and Natuna Islands) and Bali Marine Protected Area Network (target site: Nusa Penida). Malaysia: Sabah has the only priority geographical area, in the Kudat Banggi Priority Conservation Area (target site: Tun Mustapha Park). Papua New Guinea: the priority geographical areas are Manus Province (target site: Manus Island), New Ireland Province (target site: New Ireland north coast), and Milne Bay Province (target site: Milne Bay). The Philippines: Palawan (target sites: Taytay and Araceli Municipalities, and Cagayancillo Islands, including the Tubbataha Reefs), Tawi-Tawi (target sites: Turtle, Languyan, Sitangkai and Sibutu Islands), and Verde Passage (target sites: Lubang Island, Calatagan Peninsula, Mabini and San Juan Municipalities). The Sulu-Sulawesi Marine Eco-region priority geographical area includes the seas of Indonesia, Malaysia and the Philippines.

3 The International Journal of Marine and Coastal Law 25 (2010) The Solomon Islands: Malaita Province (target sites: Ontong Java and Sikaina Islands), the Western Solomon Island Provinces (target sites: Gizo and New Georgia Islands), and Central, Makira, Guadalcanal and Temotu Provinces (target sites: undetermined as yet). Timor-Leste: only one priority geographical area: the Nino Konis Santana National Marine Park (target sites: Jaco, Tutuala, Lorel and Lore 2 Islands). 2 The Coral Triangle is globally renowned for its rich marine biological diversity: 76% of known coral species, 37% of known coral fish, 53% of the world s coral reefs, its greatest extent of mangrove belts, and tuna spawning and nursery grounds for the world s largest tuna industry. 3 It is subject to threats from over-fishing, destructive fishing practices, land-based sources of pollution, and climate-change issues relating to sea-level rise and increased sea-surface temperature, which in turn affect food security, employment opportunities, and standard of living for households that comprise the majority of the people dependent on fish and other marine resources for their livelihood. 4 Regional Action Plan In connection with the Declaration on the priorities and commitments of Member countries, a visionary 10-year Regional Action Plan (RAP) was adopted on 15 May 2009, based on nine principles and five goals: Principle 1: the CTI should support people-cantered biodiversity conservation, sustainable development, poverty reduction and equitable benefit sharing. Principle 2: the CTI is to be science-based, with incomplete data to be supplemented by the precautionary principle. 2 For the US Government s commitment to the CT-6 States, see USAID/ASIA, US Coral Triangle Initiative (CTI) Support Program Consolidated Work Plan, January 2010 (Bangkok, Thailand) at pp , prepared for US Agency for International Development (AID) by ARD Inc. under Contract No. EPP ; Order No. EPP : US CTI Support Program Document No. 02-USCTI See Coral Triangle Initiative, Regional Plan of Action, Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI-CFF) at p. 5, released 15 May 2009; available at: site accessed 7 June Ibid., at pp. 5 6.

4 446 The International Journal of Marine and Coastal Law 25 (2010) Principle 3: the CTI should be centred on quantitative goals and timetables adopted by governments at the highest political levels. Principle 4 encourages the use of existing fora alongside future fora to implement CTI actions. Principle 5 underscores the importance of aligning the CTI s goals and initiatives with international and regional commitments undertaken by States under international conventions and multilateral processes. Principle 6 cautions States to recognize transboundary marine stocks and land-based and sea-based threats and to respect recognized boundaries and ongoing negotiations between States on legal issues. Principle 7: CTI goals and activities should focus on resources and investments in particular geographic areas, like large-scale seascapes, that require attention and an eco-regional assessment process. Principle 8 encourages multiple stakeholders, such as other national governments, local governments, non-governmental organizations (NGOs), private-sector companies, bilateral and multilateral donor agencies, indigenous, local and coastal communities, and the academic sector, to become actively involved in the CTI. Principle 9: the CTI should recognize the uniqueness, fragility and vulnerability of island ecosystems. 5 The Five Goal RAP and targets were initially agreed at the Bali Meeting of the First CTI Senior Officials Meeting (SOM 1) in December 2007 and adopted on 15 May The five goals are: 1) According priority to designated seascapes that were effectively managed for investment and sustainable management. It rests on two targets, the first requiring the geographical areas to be designated with complete and sequenced investment plans, and the second emphasizing the sustainable management of the marine and coastal resources within the designated areas. 2) The ecosystem approach to fisheries management (EAFM) and other marine resources. It sets four targets: a) Strong legislative, policy and regulatory frameworks that must be in place to achieve EAFM. b) Better income, livelihoods and food security in the regional coastal communities, operated through a new Sustainable Coastal Fisheries and Poverty Reduction Initiative (COASTFISH). c) Mandatory adoption of effective measures to ensure sustainable exploitation of shared tuna stocks with adequate protectionof tuna spawning areas and juvenile growth stages. 5 Ibid. 6 Ibid., at p. 7

5 The International Journal of Marine and Coastal Law 25 (2010) d) A well-managed and sustainable trade in live-reef and reef-based ornamentals. 3) The third goal has a single target that focuses on effective management and function of the Region-wide Coral Triangle MPA System (CTMPAS). This seeks to put a significant percentage of each major near-shore habitat under some form of designated protection status. The precise scope of such protected areas is yet to be determined. 4) Ensure that climate-change adaptation measures are achieved, through two targets: a) A Regional Early Action Plan for Climate Change Adaptation for the near-shore marine and coastal environment and for small island ecosystems is to be developed and implemented in b) Establishment, networking and operation of National Centres of Excellence on Climate Change Adaptation for Marine and Coastal Environments. 5) The fifth goal, through a single target of improving the status of endangered species, seeks to prevent the decline of threatened species such as sharks, sea turtles, seabirds, marine mammals, corals, seagrasses, mangroves and other identified threatened species by 2015, and improve their conservation status by The United States of America Coral Triangle Initiative (US CTI) Support Programme The United States of America is supportive of the CT-6 States in the CTI. 7 The CTI is recognized as having a regional transformative effect with environmental and economic benefits as part of the US government s commitment to promote the sustainable management of the marine and coastal resources in the Coral Triangle. The US CTI Support Programme will run for five years, during which time technical assistance and capacity-building will remain the main focus in addressing challenging issues related to food security, climate change, and marine biological diversity. The US CTI Support Programme focuses on regional collaboration and capacity-building for integrated marine and coastal management. Regional exchanges bring together CT-6 experts and US regional and global experts in the exchange of knowledge and application of lessons learnt to the CTI 7 USAID/ASIA, op. cit., supra, note 2 at p. 2. The US is also supportive of two additional countries, Fiji and Vanuatu (CT6+2). See US AID/ ASIA, US Coral Triangle Initiative (CTI) Support Program, Program Integrator Year 2 Work Plan , January 2010 (Bangkok, Thailand) at pp Prepared for US AID by ARD Inc. under Contract No. EPP ; Order No. EPP , US CTI Program Document No. 08-USC- TI-09.

6 448 The International Journal of Marine and Coastal Law 25 (2010) challenges. This is followed by technical support for national and regional action plans and long-term capacity-building and training for CTI challenges. The CTI receives financial, political, and technical support from the United States, primarily through the US Agency for International Development (USAID), the Regional Development Mission Asia (RDMA), and the Department of State, as well as assistance in implementation from the National Oceanic and Atmospheric Administration (NOAA), and projects funded by these entities. The RDMA leads and coordinates the programme in collaboration with USAID/Washington and bilateral missions in the Philippines and Indonesia, and the US Department of State. The US RDMA receives support for specific activities such as: assistance to the CT-6 States and stakeholders in implementing the CTI Action Plan; support in establishing and developing the CTI Secretariat; providing access to U.S. science and research capabilities; and sharing best practices among the CT-6 States. The US RDMA has executed a Cooperative Agreement with the World Wildlife Fund (WWF), which includes a consortium called the Coral Triangle Support Partnership (CTSP) of WWF, Conservation International (CI) and the Nature Conservancy (TNC). The US RDMA has committed $40 million for a five-year programme to be implemented by this consortium of NGOs and by a Programme Integrator (PI), namely, Associates for Rural Development, Inc. (ARD) /Tetra Tech, in order to achieve a unified response to the programme and give support to regional technical activities. The US State Department has also given a grant to the TNC to assist with the functioning of the permanent Secretariat and for regional cooperation amongst the CT-6. The CTSP has developed national action plans for the CT-6 States and will focus on the implementation of these plans. The main objectives of US support for the CTI Support Programme are as follows: to support the principles and goals of the CT countries working with Regional and National CTI bodies to support the implementation of the Regional and National Plans of Action; to improve management of biologically and economically important coastal and marine resources and associated ecosystems that support the livelihoods of peoples and economies in the Coral Triangle; to improve management of marine protected areas (MPAs), ecosystem-based fisheries management (EAFM), and considerations in developing climate change adaptation strategies;

7 The International Journal of Marine and Coastal Law 25 (2010) to address the need for regional collaboration and integration of the thematic goals; and to strengthen collaboration and capacity for integrated marine and coastal management. To address threats to coral reefs under the US CTI, MPAs have been established across the CTI and efforts are directed at strengthening the management of existing MPAs. 8 New resources are also available on the CTI Partner Portal, such as the 2010 US CTI Support Programme Consolidated Work Plan and the Activity Report of the CTI Regional Exchange on Enhancing Private Sector Engagement held in Manila, Philippines on January The US CTI Support Program hopes to achieve the following endresults by 2013: 1. Demonstration of a fully integrated approach to coastal resource management in at least one priority site in each country, providing lessons learned and best practices for replication across the region; 2. Sustainable management practices promoted by the Program are fully imbedded in the policies and institutions in each of the countries and supported by budgets; 3. Operationalized, sustainable permanent Regional Secretariat to drive the implementation of the RAP until completion and continue knowledge-sharing and coordination among the CT-6 States; and 4. At least 10 sustained public-private partnerships in place across the region. 10 Finally, it is worth noting that the US Air Force Defense Meteorological Satellite Programme supports the CTI by satellite detection of several types of data through global visible and thermal (infrared) band imagery. Such monitoring is important for fish stock assessment, the enforcement of fisheries laws and regulations in MPAs, and interdiction of illegal, unreported and unregulated (IUU) fishing, and other related data. The US National Geophysical Data Center has stored these data since 1992, thereby providing a useful timeline for analysis of trends in the state of the marine region, and of human impacts thereon. This particular support emphasizes the importance of 8 Available at: http%3a%2f%2fwww%2euscti%2eorg%2fuscti%2fdefault%2easpx%23. Site accessed 8 April For MPA management in CT-6 States, see US AID/ASIA, op. cit. supra, note 7 at pp See website, ibid. 10 USAID/ASIA, op. cit., supra, note 2 at p. 6.

8 450 The International Journal of Marine and Coastal Law 25 (2010) external practical support from the US, which cannot be readily provided by the CT-6 States alone. Initiatives under the CTI Indonesia Indonesia has pledged US$5 million for the CTI programme and formally established the Savu Sea National Marine Fisheries Sanctuary, spanning approximately 3.9 million hectares of sea bordering Indonesia and Timor- Leste. 11 Indonesia has already designated 13.4 million hectares of its coastal areas as marine conservation areas and by 2020 she hopes to conserve 20 million hectares and increase the national funds. 12 Indonesia will soon close her ports to illegal fishing vessels in the Coral Triangle once she signs the Food and Agriculture Organization s (FAO) 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. 13 The CTI Secretariat is temporarily located in Indonesia until and recent reports suggest that the permanent CTI Secretariat will be located in Manado, Indonesia. 15 USAid Indonesia coordinates with the Government of Indonesia in the US CTI Support Programme. USAID Indonesia and the US Department of Justice have signed a Participating Agency Programme Agreement (PAPA) to improve law enforcement in the maritime and forestry sectors Manado, North Sulawesi, Indonesia, May 15, 2009 (ENS) ; available at: nesssummit.net/media#media12212, site accessed 8 June Available at: site accessed 8 April US Coral Triangle Initiative Support Programme, available at: documents/eco-asia_cti_ pdf, site accessed 8 June Indonesia in the CTI: Indonesia fights against illegal fishing in the Coral Triangle, available at: site accessed site 8 June News CTI Updates: Sekretariat Tetap CTI Segera Ditetapkan, available at: site accessed 8 April Defined CTI Secretariat, Manado, 22 April 2010; available at: com.my/translate?hl=en&sl=id&u= kan-di-manado.html&ei=e8ymtk_ycdk1rafshtiqdq&sa=x&oi=translate&ct=result& resnum=9&ved=0cd4q7gewca&prev=/search%3fq%3dmalaysia%2bin%2bmanado,% 2BCTI%26hl%3Den%26sa%3DG, site accessed 7 June communication of 23 June 2010 from Mr. Winston Bowman (RDMA/REO) and documents from Mr. Peter Collier, the CTI Programme Integrator.

9 The Philippines M. George and A. Hussin / The International Journal of Marine and Coastal Law 25 (2010) The Philippine experience has focused on mangrove management and reforestation in the context of climate-change adaptation. This change came about when the people from Batangas and Bohol Province, and in particular the fishing community, were advised by the CTSP on the environmental impacts of cutting mangroves. The CTSP, the International Union for Conservation of Nature (IUCN) and Worldfish Reefbase have established an online database, the Coral Triangle Atlas, which provides national and regional updates to governments, NGOs, and researchers on the CTI. USAid Philippines also coordinates with the Philippines government on two projects. One project is the seven-year Fisheries Improved for Sustainable Harvests (FISH) Project ( ) implemented by Tetra Tech EM, Inc., in partnership with the Department of Agriculture-Bureau of Fisheries and Aquatic Resources and other national agencies, local government units, NGOs and other assisting organizations. Adopting the ecosystem-based approach to fisheries, the project is implemented in four areas, namely Calamianes Islands (Palawan), Danajon Bank (Bohol, Southern Leyte, Leyte, Cebu), Surigao del Sur and Tawi-Tawi. 17 The other project is the Philippines Environmental Governance (ECOGOV) Project led by the Development Alternatives, Inc., in partnership with the Department of Environment and Natural Resources, local government units, DENR/Autonomous Region in Muslim Mindanao and the Department of Interior and Local Government. 18 The aim is to enable the local government units to respond to threats of overfishing, illegal logging, conversion of natural forests and solid waste and waste water management. 19 The PI, part of the US CTI Support Programme Team, and USAID launched the Regional Exchange Programme in Cebu from 27 June to 3 July It was attended by 26 representatives from the CT-6 States to promote EAFM and protection of MPAs in the CTI. The US Department of State also sponsored the first of several workshops on the East Asia-Pacific, attended by the Asian live-reef food-fish trade industry and government stakeholders in Hong Kong, November This meeting provided the stakeholders 17 Ibid. Project website: 18 Ibid. 19 Ibid. Project website: 20 US Support to the Coral Triangle Initiative USAID Launches Regional Exchange Program to Strengthen Ecosystem-Based Fisheries Management across the Coral Triangle, available at: site accessed 7 June 2010.

10 452 The International Journal of Marine and Coastal Law 25 (2010) with an opportunity to address the issue of the ornamental fish trade and outlined a set of priorities for future action, as it dealt with coastal community food security and destruction of the region s coral reef and marine ecosystems. The meeting was well attended by government and industry representatives from Indonesia, Malaysia, Papua New Guinea, and the Philippines, representatives from live-reef food-fish markets in Hong Kong, the US State Department, NOAA Fisheries, and academic institutions. Timor-Leste The Timor-Leste government has initiated a plan aimed at preventing IUU fishing in the Nino Konis Santana (NKS) National Park. The park covers 68,000 hectares of land and 55,600 hectares of sea, including extensive coral reefs. It is regarded as one of the largest remaining intact examples of tropical lowland and coastal monsoon rainforest in the region. 21 This was preceded by a governmental outreach campaign directed at coastal communities on March The campaign focused on dissemination of the local fisheries laws and regulations. These rules cover matters such as the use of appropriate fishing gear, the consequences of catching protected species and the maximum allowed amount of by-catch for each fisherman. The campaign was directed at fishing villages and attracted 70 local fishermen, village heads, and community police officers. A further multi-media outreach campaign for a village mobilization programme was made possible with the assistance of the CTSP, a US CTI Support Programme mechanism. 23 Between 23 February and 3 March 2010, the CTSP, in cooperation with the Ministry of Agriculture, the Ministry of Environment and provincial and local district councils, engaged more than 900 people of the coastal communities of Timor-Leste in a village mobilisation programme throughout the NKS Park to raise awareness and to establish a marine protected area at the NKS and make it a model for the Timor-Leste national coastal zone management programme. 24 The campaign was built on the outreach efforts of the Timor-Leste government, the US CTI Support Programme and through USAID s CTSP, from January to February It was crucial to implement fisheries laws at the 21 Available at: http%3a%2f%2fwww%2euscti%2eorg%2fuscti%2fdefault%2easpx%23. Site accessed 8 April Ibid. 23 Ibid. 24 Ibid.

11 The International Journal of Marine and Coastal Law 25 (2010) NKS for the protection and sustainable management of the extensive coral reefs in the park s 55,600 hectares of sea. 25 Malaysia At the recent CTI Summit in Mindanao on 15 May 2009, the Prime Minister of Malaysia, Dato Sri Mohd Najib bin Tun Haji Abdul Razak, spoke of Malaysia s strong commitment to ensure that the marine ecosystem remained healthy while it was sustainably used for wealth creation in line with the national objective of achieving developed-nation status by 2020, and he pledged USD 1 million (RM 3.54 million) to the CTI projects. 26 In 2009, the National Coordinating Committee (NCC) was established to provide technical support through Technical Committees; the NCC is responsible for the coordination, monitoring, evaluation and implementation of priority actions. The Draft Malaysian CTI National Plan of Action (NPOA) was adopted in September 2009 after a series of background meetings. Initially, the Malaysian delegation at the CTI negotiations was led by the Ministry of Natural Resources and the Environment. However, on 6 May 2009, the Malaysian Cabinet formally appointed the Ministry of Science, Technology and Innovation (MOSTI), through its National Oceanography Directorate (NOD), to be its national focal point for the CTI. The NOD serves as the National Secretariat and lends support to the implementing departments, agencies and research institutions for CTI-related matters. On 25 June 2009, the Sabah Stakeholders Roundtable Dialogue Session was conducted in Kota Kinabalu, Sabah, to obtain inputs from the State of Sabah and local government representatives, as well as private and NGO stakeholders in Sabah who were directly or indirectly involved in CTI activities and subsequently influenced the NPOA Priority Actions. From 13 to 27 July 2009, several interviews with various government departments and agencies in Sabah and Peninsular Malaysia were conducted to obtain input which also subsequently influenced the NPOA Priority Actions. On 13 and 14 August 2009, a Review of the Draft NPOA by the National Stakeholders Workshop was held in Kuala Lumpur, attended by 25 Ibid. 26 Coral Triangle Initiative Summit, Manado, Indonesia, See CTI Leaflet, Malaysia in the Coral Triangle Initiative For Coral Reefs, Fisheries and Food Security (CTI CFF) prepared by the National Oceanography Directorate, Ministry of Science, Technology and Innovation, Malaysia. See also Malaysia To Benefit From CTI, May 13, 2009, Bernama. Available at: site accessed 8 April 2010.

12 454 The International Journal of Marine and Coastal Law 25 (2010) various government departments and agencies at the federal government level and the Sabah stakeholders, in order to finalise the draft NPOA. To support the CTI, the Prime Scientific Sailing Expedition was launched on 18 September 2009 to study the oceanography and marine organisms of the South China Sea and the Sulu-Sulawesi Seas. Malaysia has also developed a set of priority actions in the Draft CTI NPOA that reflects the goals and targets of the CTI Regional Plan of Action outlined above. 27 Concluding Remarks It might be observed that the legal status of the CTI Action Plan is not that of a treaty and there is no legal obligation on any of the CT-6 States, nor the US government, to support the CTI. However, it is important to observe that this CTI Action Plan is the first non-legally binding instrument on marine environmental protection that has the whole-hearted support of the CT-6 States. The progress made by Indonesia, Malaysia, the Philippines and Timor-Leste has been highlighted. The CTI is important not only for the protection and sustainable management of the living resources of the seas but it also puts into operation rights and duties found in other instruments, such as the 1982 Law of the Sea Convention and the 1992 Convention on Biological Diversity. It is a very important start for the CT-6 States and may provide lessons for other States. Key to the success of the CTI is the commitment to technical support and training for capacity-building provided by the US government for five years. Apart from being paramount to the success of the CTI, it demonstrates the wider interest that exists in the economic growth and proper conservation and management of important marine habitats. Mary George and Azhar Hussin Faculty of Law and Faculty of Science, Institute of Ocean & Earth Sciences, University of Malaya, Kuala Lumpur, Malaysia 27 A Draft Malaysia National Plan of Action on the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security was adopted in September 2009 and submitted to the National Oceanography Directorate of the Ministry of Science, Technology and Innovation, Malaysia.