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Legal Framework on the Conservation Issue of Pulau Kukup National Park in Johor, Malaysia

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Legal Framework on the Conservation Issue of Pulau Kukup National Park in Johor, Malaysia Journal of Sustainability Science and Management eISSN: 2672-7226 Volume 16 Number 5, July 2021: 115-123 © Penerbit UMT LEGAL FRAMEWORK ON THE CONSERVATION ISSUE OF PULAU KUKUP NATIONAL PARK IN JOHOR, MALAYSIA LOH ING HOE1 AND CHONG JU LIAN2* 1School of Business and Management, Royal Melbourne Institute of Technology University, Vietnam, Handi Resco Building, 521 Kim Ma, Ba Dinh District, Hanoi, Vietnam. 2Faculty of Science and Marine Environment & Institute of Tropical Biodiversity and Sustainable Development, Universiti Malaysia Terengganu, 21030 Kuala Nerus, Terengganu, Malaysia. *Corresponding author: [email protected] Submitted final draft: 74 September 2020 Accepted: 5 September 2020 http://doi.org/10.46754/jssm.2021.07.009 Abstract: The Ramsar Convention came into force on 21 December 1975, and Malaysia ratified the convention in 1994. As a party to the convention, Malaysia has shown its commitment by promoting seven Ramsar sites. Although the Ramsar sites have experienced human intervention and degradation over time, legislation in Malaysia has helped to promote the sustainable development of wetlands in Malaysia. In this paper, a critical analysis of the role of law in protecting and conserving Pulau Kukup Johor National Park as one of the Ramsar sites in Malaysia was conducted based on documents and newspaper- reports analysis. In addition, the prohibition of environmental impact assessment (EIA) to be conducted on any Ramsar site in Malaysia is also discussed. Results reveal the importance of legislation to conserve and protect wetlands in Malaysia. Keywords: Ramsar Convention, wetlands, sustainable, development, legislation. Introduction of income and livelihood for humans (Lamsal OThe Ramsar Convention on Wetlands, the most et al., 2017). Wetlands remain a source of important international initiative for wetland sustenance for local populations, especially in protection, is a treaty adopted in 1971 with developing countries, and are highly valued in the objective of recognizing the importance of many traditional societies and cultures (Gopal, wetlands and promoting their conservation (Reis 2013). et al., 2017). Under Article 1 of the Convention, Despite the ecosystem services they wetland is defined as areas of marsh, fen, peatland provide, wetlands have been lost, degraded, or or water, whether natural or artificial, permanent strongly modified worldwide (Reis et al., 2017). or temporary, with water that is static or flowing, Owing to their high productivity, fertile soils, fresh, brackish or salt, including areas of marine and importance for provision of water, many water, the depth of which at low tide does not of the world’s wetlands have historically been exceed 6 meters. Wetlands are highly productive occupied and intensively utilized by humans and biodiverse ecosystems (Keddy et al., (Maltby & Acreman, 2011). The reported long- 2009). They provide many ecosystem services, term loss of natural wetlands averages between including water purification, buffering of runoff 54% to 57% and reaching up to 90% in some and river discharge, production of food and regions of the world (Junk et al., 2013). As was fiber, and ecotourism (Keddy, 2010). Wetland shown by Davidson in a compilation of 169 ecosystems are important from conservation reports of historical loss of wetlands, the extent and sustainable management viewpoints due of inland wetlands declined by 69% to 75% to their rich flora and fauna diversity. Tangible in the 20th century, whereas coastal wetlands and intangible diverse resources and products declined 62% to 63% (Reis et al., 2017). In fact, of wetlands function, such as fodder, protein more than 50% of the world’s wetlands have source (fishes, mussels etc), fuelwood, non- been altered, degraded or lost in the last 150 timber forest products, ecotourism, and flood years (O’Connell, 2003). control, have historically provided a source Loh Ing Hoe and Chong Ju Lian 116 Human Intervention studies have been conducted on the role of law There is a strong association between wetland in protecting wetlands in Malaysia, with most distribution in the landscape and human previous studies showing only the degradation of occupation, with the most significant threats wetlands due to human intervention. Therefore, to wetlands being associated with direct or this study will show the crucial role of law in indirect human use of these areas (Gibbs, 2011). conserving and protecting wetlands in Malaysia. In developing countries, where food security This paper will focus on the claim by the Sultan and poverty reduction are higher priorities of Johor of the Pulau Kukup Johor National than environmental protection, wetland Park as sultanate land under section 2(1) of the conservation is difficult if local communities do Sultanate Land Enactment 1934 and how the not understand the value of wetlands (Wood et law plays a role in protecting and conserving al., 2002). Moreover, the livelihood-generating Pulau Kukup Johor National Park as a National actions of poor communities near wetlands and Park of Johor. their dependence on wetland resources have contributed to various degrees of degradation Materials, Methods and Study Area (Lamsal et al., 2017). Although Pulau Kukup The primary aim of this study is to observe how is uninhabited by humans, a mere 1km separates the law has been implemented and amended it from Kukup village, which comprises three to protect and conserve the Pulau Kukup major settlements – Kukup, Kampung Sungai Johor National Park in Malaysia. Qualitative and Kampung Air Masin (Hampton, 2010). methodology has been adopted in this study. In Barau & Stringer (2015) estimated the population qualitative research, data are usually collected of the Kukup fishing village to be around 1,000, through three methods, either exclusively or with most inhabitants being Hokkien Chinese. in combination: direct observation, in-depth According to Jaafar et al. (2014) and Lim et al. interviews and analysis of documents (May, (2014), recent studies have revealed that water 2001; Patton, 2002). To achieve the aims of this quality degradation due to urban and industrial study, the researchers have focused on document use is threatening livelihoods and ecosystems analysis and studying text-based sources. around Pulau Kukup. Document analysis, ranging from the official to Andrade and Rhodes (2012) are of the personal, the text-based and image based, the opinion that the traditional approach of can provide a wealth of data (Webley, 2010). protection by prohibition through legislation and Documents reflect or report reality, describing guarding is losing ground. Turner et al. (2000) an event, a perception, or an understanding added that underlying causes of degradation of (May, 2001). The mode of analysis depends on wetlands are, among others, price distortions, legislation as well as newspaper reports. income distribution inequalities, absence of full Pulau Kukup is located between cost accounting, policy failure, market failure 01°19’N and 103°25’E on the shores of southern (missing price), lack of property rights and Peninsular Malaysia’s state of Johor. The population/urbanization growth and consequent total area of this mangrove island is 6.47km2. encroachment. However, Maltchik et al. (2018) Pulau Kukup offers physical protection to the emphasized that laws and legal statutes are shoreline and acts as a barrier against strong crucial tools to protect and conserve wetland winds and tides for the low-density coastal habitats, and how these laws are written and have settlement (Barau & Stringer, 2015). Pulau important implications for wetland conservation. Kukup was designated as Ramsar Site No. 1287 Ibrahim et al. (2012) said if these habitats and under the Ramsar Convention on 31st January sites are protected by the enforcement of law, it 2003 (Giesen et al., 2007). According to Johor will give more meaningful impacts to the people National Parks (2019), there are three criteria to find the subsistence for their life, and to make that justified the Ramsar listing of Pulau Kukup. full use of natural resources. To date, limited Journal of Sustainability Science and Management Volume 16 Number 5, July 2021: 115-123 LEGAL FRAMEWORK ON THE CONSERVATION ISSUE OF PULAU KUKUP NATIONAL PARK 117 Pulau Kukup contains a representative, rare wetlands included on the list. Each party shall or unique example of a natural or near-natural promote the conservation of wetlands and wetland type found within the appropriate waterfowl by establishing nature reserves on biogeographical region and it supports wetlands (Article 4(1)). Where a contracting vulnerable, endangered, or critically endangered party in its urgent national interest, deletes species or threatened ecological communities. or restricts the boundaries of the wetland, it In addition, it supports populations of plant and/ should compensate for any loss of wetland or animal species important for maintaining the resources, and create additional nature reserves biological diversity of a particular biogeographic for waterfowl (Article 4 (2)). In addition, Article region. 4(4) encourages the contracting party to increase waterfowl population on appropriate wetlands. As a commitment to the Ramsar Convention, Results and Discussion Malaysia has established seven Ramsar sites Malaysia and Its Commitment to the Ramsar with a total area of 134,182.2 hectares. The Convention seven Ramsar sites are Tasek Bera, Tanjung Malaysia ratified the Ramsar Convention in Piai, Sungai Pulai, Pulau Kukup,
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