02/03/2021
Conservation of biological diversity is an important task in environmental protection and sustainable development which has been confirmed in many guidelines and policies of the Party and State. Over the past 50 years, Việt Nam has actively integrated with the world, participated in many international conventions related to biodiversity such as the World Heritage Convention (UNESCO Convention, 1983); Convention on the Conservation of Wetlands of International Importance (Ramsar Convention, 1989); The Biologial Diversity Convention (CBD, 1994) and Protocols such as: Cartagena Protocol on biosafety (2004), Nagoya Protocol on access to genetic resources and benefit sharing (2014); Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, 1994); United Nations Framework Convention on Climate Change (UNFCCC, 1994), Convention against Desertification (UNCCD). In which, the requirements for biodiversity conservation are mainly regulated in CBD, Ramsar Convention and CITES.
Implementation responsibilities and commitments to such international treaties, Việt Nam has internalized regulations and guidelines of the international agreements in a number of laws relating to the conservation of biodiversity: Law on the Protection and development (in 1991; amending and supplementing 2017 into the Law on Forestry); Law Fishery (2003; revised and supplemented in 2017) and especially, the Law on Biodiversity (LB) has been adopted in 2008, and come into effect since 2009 that has covered the contents of specific laws on management, conservation and development of biodiversity in Việt Nam.
Since the promulgation, the LB has been implemented in which Ministry of Natural Resources and Environment (MONRE) plays an leading role. Over the past 10 years (2009 - 2019), the implementation of the LB has achieved a number of important achievements such as an increase in the number of protected areas (PAs); limit negative impacts on biodiversity; carried out many programs and solutions to protect natural ecosystems, rare and endangered species of prioritized for protection; wild genetic resources of crops and animal breeds are researched, stored and preserved; access to genetic resources and benefit sharing have come into practice; management of genetically modified organisms and invasive alien species are promoted...
However, the LB also reveals a number of shortcomings, failing to keep up with the requirements of practice and international integration, which need to be amended and supplemented. Some issues need to review and consider include: Institutional arrangements and responsible management of the state management on biodiversity; Categories and management of the protected area; Conservation management and sustainable use of wild species; Collect and manage information on biodiversity and finance for biodiversity (including new financial mechanisms).
The study "Research scientific basis and practice in the country and internationally as arguments to edit some content of LB" by the Nature and Biodiversity Conservation Agency, conducted in 2019 - 2020 was Reviewing the provisions of the International Convention directly related to biodiversity conservation of which Việt Nam is a member, experiences from other countries and practices in Việt Nam and proposing directions to adjust and complete five contents of the Law as earlier mentioned.
1. Institutional arrangement and responsibility of state management on biodiversity
Biodiversity is an interdisciplinary issue that requires the participation of many stakeholders, in which the institutional arrangement of state management agencies is quite diverse. The governance model applied in each country depends on many factors, including institution, culture, natural resources, geography and conservation priority. The study results showed that in 40 countries, of which 21 countries (52.5%) applied the centralized model to manage biodiversity (with one government agency performing state management overall of environmental protection, biodiversity of the protected area, protection of wild species field, management of genetic resources ...), 13 countries (32.5%) applied the decentralized management model (tasks on biodiversity management are assigned to many agencies) and 6 countries (15%) with decentralized management model (distribution of tasks between national and local agency).
The evaluation of the practical organization and management of biodiversity in Việt Nam showed that organization state management is fragmented and lacks linkages (responsible for state management of biodiversity is currently being delivered to many sectors without unified management), while the LB assigns “MONRE to take responsibility for state management of biodiversity” (Clause 1, Article 6); however function, competent of state management of nature and biodiversity conservation overlap, requirement of state management on biodiversity conservation is being stipulated dispersedly in many different laws, so the same content can be regulated and guided differently which lead to overlap in implementation.
Inconsistencies, overlaps in policies and laws; competent and function of lined ministries have created barriers that undermines effectiveness of state management and results of biodiversity conservation in practice. Therefore, it is necessary to complete regulations to ensure consistency in the management and conservation of biodiversity; clearly define the overall and specialized authority and function of state management on biodiversity conservation of relevant ministries; promote rearrangement or add supplementing bodies with biodiversity conservation function at central and local level. Without reform, the unified management of national biodiversity resources will face many difficulties due to the inability to concentrate the necessary capacities and resources.
From the above analysis, the study has proposed a number of recommendations for the amendment of the LB including: supplement the content and responsibility of state management on nature and biodiversity conservation; unify state management of biodiversity conservation in accordance with centralized model from the central to local governments.
2. Develop classification and management of protected areas
Regarding protected area classification
The Convention on Biological diversity (CBD) requires and encourages countries to establish and manage protected areas and special protected areas for biodiversity conservation (Article 8). On that basis, IUCN has instructed on the classification, establishment and management of the protected areas. IUCN recommends countries depending on scale , biodiversity value and management goals to classify different categories of protected areas: National Parks (National Parks) , Strict nature reserves, protected seascape and landscape, protected area with sustainable use of natural resources, wilderness area and habitat/species management area. In addition, there are a number of international initiatives to protect important habitats of species such as Biosphere Reserve (BR), World Natural Heritage, Ramsar sites, or areas of high biodiversity value. The application of this NR classification is widely applied in other countries, including developed and developing ones. Each country has some specific modifications under practical conditions and the process will be in accordance with regulation.
In Việt Nam, regulations on classification of nature reserves have been stipulated in LB, Forestry Law and Fishery Law. Basically, there is an agreement on the names of four objects of the NR including: National Park, NR, Species and habitat protected areas, and protected areas of the park. However, the current classification criteria is not unique among LB, Forestry and their guidance documents. For high biodiversity areas and internationally recognized biodiversity areas including: Natural Heritages, BRs, Ramsar sites are not currently stipulated in the LB and other Laws. Compared with the guidance of CBD and IUCN, the NR categories identified in the Laws are basically compatible with the arrangement and classification of IUCN. However, it is also noted that the IUCN classification is often associated with the protection objective, therefore there are recommendations for different management regimes; Meanwhile, these principles are not clearly specified in the laws of Việt Nam. In Việt Nam, among the proposed class, protected area with sustainable use of natural resources has not been regarded as one category of NRs. In fact, many similar types exist, such as protected fisheries resources, bird sanctuaries...
From that study, it is recommended that the LB should unify the criteria for establishing the NR in the legal system; consider criteria associated with management objectives; adding one category of the natural reserve combining with sustainable use of natural resources; consider renaming "NR" to "protected area" to suit international practice; adding regulations on area of conservation priority recognized with international titles.
About management of the NR
The CBD recommends that priority conservation areas should be established and put in place for effective management practices; Conservation objectives should be implemented according to the management plan, including: Applying a “approach”, so the NR is planned to connect ecosystems; Ensure the NR is ecologically representative of the area in order to protect the ecosystems, species and population size; Identify nearby ecosystems, outside the NR or nearby NR to connect, creating a NR network for ecosystems and species; Involve communities living in or around the PA (especially indigenous people) to understand the benefits they receive from the NR and to support to protect the NR from local communities' influence; Redirecting efforts to best promote the conservation of the NR (this means stopping existing activities which don’t promote clear conservation goals).
The guidelines of CBD, Ramsar provide recommendations based on the management model of the PA, including the setting of specific objectives, monitoring and evaluation measures for management effectiveness, planning, conservation planning, business plan, wise-use model with community participation. The CBD recognizes that the NR can be managed directly by the Government, by a co-management NGO, business or by the local community.
The application of the ecosystems approach and recommendations for management of the nature reserve by CBD has been widely applied in many countries. However, the most common form of management in countries is the management of community protected areas, which means communities directly manage protected areas on land owned by the community or associated with life and development of community.
The Cù Lao Chàm Biosphere Reserve (Quảng Nam Province) is home to a rich biodiversity
The basic contents of CBD have been legalized in the LB. For the NRs, the legalization content includes: Clear and complete regulations on the main objectives and criteria to classify and establish the NR; order and procedures for formulation, appraisal and making decision on the establishment of the NR; management regime, protection, investment policy for functional zones and buffer zones; responsibilities and rights of stakeholders, especially for communities living in and around the NRs. The NR is classified into four categories, including National Park; natural reserves; NR of species and habitats; landscape protected area. Based on the level of biodiversity, biodiversity value, and size of the area, the NR is classified into national and provincial reserves for appropriate management and investment policies. In addition, the Law provides for the investigation, assessment and establishment of sustainable development regimes for natural ecosystems at sea, natural mountainous areas, limestone mountains, unused land for restoration and protection of natural ecosystems and natural habitats.
However, a review of the legal system shows that a number of issues have not been specified in the LB such as: no regulations on applying the ecosystem approach in biodiversity conservation; no regulations to facilitate conditions for the establishment of neighboring ecosystems, linkage and support for biodiversity conservation in the NRs; the role, benefits and responsibilities of community participation are limited; no mechanism to mobilize private sector in biodiversity/NR management. In order to better respond to the establishment of a synchronous natural reserve system, a number of issues need to be adjusted including: the authority to manage the NR should be decentralized to as much as possible; Ensuring consistency in direction, administration and management of biodiversity conservation; Processes and procedures ensure consistency and transparency; stricter regulations on the conversion of land and water surface for conservation to other purposes.
In addition, some regulations on the process and procedures for establishment and management of protected areas are not currently consistent between the Law on Forestry, the Fisheries Law and the LB, thus not yet creating a favorable legal environment in the the establishment of the NR.
The amended LB needs to consider and supplement regulations on ecosystem approach; regulations on establishing ecosystem networks, or habitats associated with the NR; specifying responsibilities and interests of communities living in and around the NR; regulations on private and community management models of the NR; stipulates the process and procedures for the establishment of the NR; strict regulations on the conversion of water surface land for conservation purposes into other uses.
3. Management, conservation and sustainable development of wild species
Conservation management and sustainable development of wild species are an important content in the framework of conventions: CBD, Ramsar, CITES. The CBD requires member states to prioritize in situ conservation measures, the maintenance and restoration of species populations in their natural environment and application of ex-situ conservation measures which support for in-situ conservation requirements, including rescue measures, captive wildlife conservation and re-release into natural habitat. This is a measure to restore natural populations of species, reduce threats to species in the wild, including illegal fishing, hunting, and recognition of traditional livelihood rights associated with the use of wild species by local community. In consistent with CBD, the Ramsar Convention emphasizes the need to protect the habitat of waterfowl and wildlife wetland habitats.
CITES controls the international trade in threatened flora and fauna through a system of licensing and enforcement monitoring. The CITES-controlled species are included in 3 Appendices: Appendix I is endangered species which international trade for commercial purposes is completely prohibited; Appendix II are species that are not yet endangered, but their trade should be controlled to avoid extinction; Appendix III includes species that the country requires other member states to help protect. Thus, unlike CBD's goal to conserve and sustainably use wild species, CITES contributes to ensuring that international trade in wild animals and plants does not pose a threat to survival of these species in the wild. CITES determines the jurisdiction of a member country’s CITES Authority to control international trade species in CITES Appendix through the licensing system; requires the designation of a CITES Scientific Authority to assist with the enforcement of specimen control requirements and to ensure that trade in species does not affect species in the wild.
Considering countries' experience in wildlife protection shows that most countries apply the IUCN endangered criteria to establish a list of endangered and differentiated wild species groups with different levels of protection. These countries differ in their processes for listing threatened species and how these processes are scientifically strictly controlled. Relocation conservation measures are also required by Law and there is a system for controlling international trade in wildlife in CITES Appendix.
Việt Nam has established a fairly adequate legal system to manage, conserve, and sustainably use wild species: including specifying criteria to identify species with high levels of protection requirements (the LB 2008); list of species; stipulating regimes to protect species in the list; regulations on establishment and operation of biodiversity conservation facilities; establishing a licensing system, monitoring wildlife farming and cultivation; establish sanctions rules to handle violations. However, there are still issues that have not been focused, including conservation and re-release into the wild to restore populations, regulations on the exploitation of wild species to ensure not lead to exhaustion of resources; regulations on wildlife conservation and trade still overlap, conflict in the establishment of lists, management regimes and authorities; Conservation facilities are generally regulated, lacking specific guidelines. Regulations on species conservation are still being dispersed in the LB, Law on Forestry and Fishery...
In general, the amended LB requires an overall approach between conservation and sustainable use of biological species, focusing on wildlife protection regulations in the LB: including conservation measures (in-situ and ex-situ); regulations to control international trade in endangered species; Clearly assign responsibilities and authorities of state management agencies; Agreeing on criteria and consolidating the list of endangered, precious and rare species with different levels of protection according to priority levels to solve overlapping problems; Regulations on the development and sustainable use of biodiversity, including: conditions for exploitation and hunting of wild, migratory and endangered, precious and rare species; Management of facilities and wildlife farming, rescuing and re-releasing.
Hoàng Thị Thanh Nhàn, Nguyễn Xuân Dũng, Trần Thị Kim Tĩnh,
Nguyễn Vân Anh, Trần Huyền Trang
Nature and Biodiversity Conservation Agency (VEA)
