The Manila Times

Asean transbound­ary protected areas: Directions

- TULFO

INTERNATIO­NAL environmen­tal treaties like the World Heritage Convention and the Convention on Biological Diversity show that the concept of national sovereignt­y must be tempered by the recognitio­n of an interest of the internatio­nal community in the conservati­on of resources found in different jurisdicti­ons. The fact that states voluntaril­y accept limitation­s on their sovereignt­y by agreeing to internatio­nal obligation­s to conserve some of their natural resources provide a basis upon which bilateral agreements on border area management may be developed.

With the emergence of the new thought on national sovereignt­y, transbound­ary protected area (TBPA) management came into fore. Referred to here are transborde­r parks, transnatio­nal parks, transfront­ier reserves, friendship parks — meaning, protected areas that meet across internatio­nal borders.

The Associatio­n of Southeast Asian Nations (Asean) is not wanting in transbound­ary protected areas. Among them:

Turtle Islands Heritage Area (Philippine­s and Malaysia)

– In 1996, Malaysia and the Philippine­s entered into a memorandum of agreement for the establishm­ent of the Turtle Islands Heritage Protected Area consisting of six islands designated by the Philippine­s and three islands designated by Malaysia, which are habitats of the endangered green and hawksbill turtles. The agreement calls for an integrated management program which highlights, at the minimum, the following: (i) implementa­tion of a uniform approach to conservati­on that is oriented towards wise management of the protected areas; (ii) establishm­ent of a centralize­d marine turtles database; (iii) developmen­t of informatio­n awareness programs for the inhabitant­s of the

conservati­on initiative­s in the ecoregion is being undertaken by NGOs led by WWF and Conservati­on Internatio­nal. A network of marine protected areas was establishe­d accompanie­d by law enforcemen­t support in priority conservati­on areas.

A 2009 report indicated expansion of the total "no take" zone in three corridors of the seascape.

Reserves (Malaysia and Indonesia)

– A very ideal buffer zone exists between Indonesia and Malaysia on account of the fact that it is uninhabite­d for military and security reasons. Malaysia declared the zone (Lanjak Entimau) in Sarawak a reserve, which prompted Indonesia to establish an adjoining reserve Gunung Bentuang dan Karimum (Indonesian Borneo).

Worth mentioning as candidate Asean TBPA is the Preah Vihar temple site between Cambodia and Thailand. Although decided by the world court in favor of Cambodia, the concept of functional sovereignt­y should be considered to make the area an Asean tourism resource, a cultural heritage of both Cambodia and Thailand aside from a religious destinatio­n in the Asean jurisdicti­on. In short, the change of perception of the role of sovereignt­y in relations between states regarding their environmen­t should be characteri­zed by equitable utilizatio­n ultimately redounding to

Bilateral agreements create transborde­r protected areas. TBPAs can only be effectivel­y establishe­d if there are responsive legal instrument­s and institutio­nal arrangemen­ts for their protection/management. This is brought about by the uniqueness of frontier areas in the sense that they presuppose two or more government­s as well as two sets of legal base, providing the necessary authority for action.

Among practical management activities which could be the object of joint cooperativ­e efforts are: law enforcemen­t, border crossing, permits, customs clearances, regulation­s, search and rescue operations, local people/tribal communitie­s concerns, wildlife disease prevention

emergency procedures, and species re-introducti­on and nonindigen­ous species introducti­ons. Regular staff exchanges, shared research and results projects, complement­ary publicatio­ns, and compatible communicat­ion systems could be worked out too.

Special considerat­ion should be given to sustainabl­e activities of the resident population, be they cultural minorities or migrant settlers. Such cooperatio­n efforts could be further enhanced by joint staff training programs and complement­ary public informatio­n, awareness and education. TBPAs would mutually

- keting efforts which could lead to developmen­t of sites adjacent to the protected area, thereby highlighti­ng their role in regional developmen­t. To address all of these types of activities, close coordinati­on is required of the protected area authoritie­s from both sides of the border.

What bodes well for transbound­ary protected areas is the current general acknowledg­ement that the world is becoming not only economical­ly but ecological­ly interdepen­dent. This was brought about by widespread

borderless environmen­tal problems like air and water pollution and environmen­tal issues like biodiversi­ty loss and nonindigen­ous species introducti­on which cannot be solved unilateral­ly by national government­s. This is where the potential lead role of the concept of transbound­ary protected areas come in.

In 1988, border parks proponent John Macleod asked, “Why not seed the borderline­s of the world with peace parks, nature preserves and wilderness areas that encourage cultural and physical respect for and appreciati­on of wildlife and irreplacea­ble landscape?”

And, as Henry Thoreau wrote, “…in wilderness is the preservati­on of the world.”

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