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Currently, a law is needed to strengthen the status as a protected area in the Philippines and ensure an annual budget for conservation. Some of these sites are the Apo Reef Natural Park in Occidental Mindoro, Mount Hamiguitan Range Wildlife Sanctuary in Davao Oriental, Balinsasayao Twin Lakes in Negros Oriental and Samar Island Natural Park in Samar.
Indonesia's Conservation of Living Resources and their Ecosystems Act (1990) is concerned with the maintenance of biodiversity and ecosystem function in the context of sustainable utilization of living natural resources. Selected areas under this law are designated either as nature sanctuary (nature reserve, game reserve) or biosphere reserve (nature conservation area, national park). These designations, applicable to both terrestrial or marine areas, provide different degrees of legal protection for nature reserves. While no human activities are allowed in national parks, utilization of natural resources by local people is permitted within a system of protected area management zoning. In Thailand, the National Protected Areas Act is the legislation in point. It defines the meaning of protected forests to include mountains, creeks, marshes, swamps, waterways, lakes, islands and unoccupied land adjacent to the sea. The law states that changes of areas, or the withdrawal of parts or the whole of protected forests, may only be made by a Ministerial Regulation. However, the State is allowed to use the protected forests for the benefit of the State.
Singapore, on the other hand, has a number of laws establishing protected areas for various purposes. Nature reserves were created through the Nature Reserves Act. Bird sanctuaries were created through the Bird Sanctuaries Order. The Parks and Trees Act provided for public parks and the establishment of the Office of the Commissioner of Parks and Recreation. The National Parks Act repealed the Nature Reserves Act, made provisions for natural parks and nature reserves and set up the National Parks Board. In connection therewith, environmental policy in Singapore dictates that 5 percent of the land area should be set aside for nature reserves, national parks, catchment areas, bird sanctuaries and gardens. In 1990, the Singapore Nature Society formulated a Master Plan for the Conservation of Nature which identified 28 sites, with or without protected status, as the most important sites for biological diversity. Three are within gazetted nature reserves, while the rest includes four wetland areas (Kianji, Khatib Bungsu, Tekong and Pulau Ubin) and a mangrove area (Mandai).
Prior to Cambodia's ratification of the Convention on Biological Diversity in 1995, it already had a Royal Decree (1993) on the establishment of protected areas about which forest and natural habitat areas covering about 3.3 million hectares (18.2 percent of the country's total area) were designated as national parks, wildlife sanctuaries, protected landscapes and multi-purpose management areas. Responsibility for the enforcement and implementation of all laws against illegal activities in Cambodia's protected areas rests with the Ministry of Environment through its park rangers. Difficulties encountered, however, are specifically due to the lack of legislation on protected area management and the park rangers' limited capacity to implement and enforce environmental laws.
While conservation of biological resources is an objective of the government of Vietnam, a protected area legislation is not yet in place. In the meantime, the subject is covered through its Law on Forest Protection and Development (2004), the Law on Environmental Protection (2005), the Law on Fisheries (2003), and the Ordinance on Protection and Quarantine of Plants (2001).
Likewise, Laos does not appear to have formulated any special law on protected areas. Indirect references to biological diversity issues are made in the Environmental Protection Law, Water and Water Resources Law and Forestry Law. Reference could also be made to the Lao Criminal Law on matters like forest destruction, illegal animal hunting, illegal fishing or hunting of other aquatic species and illegal exploitation of natural resources.
Political will, public support
A protected area legislation by itself does not guarantee the conservation of biological diversity. It needs backup by people's participation in the implementation process. There is a further need to develop and strengthen a cadre of environmental lawyers that can bring forward their indigenous experience to assist in the enforcement, monitoring and compliance aspects of the legislation. Finally, the interest of the judiciary in this important task needs to be cultivated, encouraged and enhanced.
To sum it all up, the important key to our future vision of protected areas vis-à-vis biological diversity is legislation reinforced by political will, public participation, institution building and capacity building, especially for lawyers, law enforcers, prosecutors and judges.
*2002 is the Year of Protected Areas to commemorate the 90th year of establishment of the national parks system in the Philippines by virtue of the 1932 National Parks Act (RA 3915).
