Thematic Assessment and Cross-Cutting Report

Transcription

1 Thematic Assessment and Cross-Cutting Report Implementation of United Nations Convention of Biological Diversity, Framework Convention on Climate Change, Convention to Combat Desertification in Malaysia 4 April 2008 Prepared by: Eco-Factor Consulting

2 Table of Contents 1. Introduction Objectives Methodology Thematic Assessment: CBD Strengths, Constraints and Needs Priority capacity needs Thematic Assessment: UNFCCC Strengths, Constraints and Needs Priority capacity needs Thematic Assessment: CCD Strengths, Constraints and Needs Priority capacity needs Cross-cutting Issues Overview Findings Priority capacity needs Annex 1: Self-Assessment Implementation of CBD Annex 2: Self-Assessment Climate Change Vulnerability and Adaptation Working Group Annex 3: Self-Assessment Implementation of UNFCCC... 48

3 Abbreviations and Acronyms 9MP Ninth Malaysia Plan ( ) ABS Access and Benefits Sharing BP British Petroleum CBD United Nations Convention of Biological Diversity CBOs Community Based Organisations CCD United Nations Convention to Combat Desertification CEMD Conservation and Environmental Management Division, NRE CHM Clearing House Mechanism COP Conference of Parties DANIDA Danish International Development Assistance DID Department of Irrigation and Drainage DMPM Department of Marine Parks Malaysia DOE Department of Environment EC Energy Commission EE Energy Efficiency EIA Environmental Impact Assessment EPD Environmental Protection Department, Sabah EPU Economic Planning Unit FRIM Forest Research Institute of Malaysia GEF Global Environmental Facility GHG Green House Gases GPA Global Plan of Action INC Initial National Communication INTAN National Institution of Public Administration JPA Jabatan Perkhidmatan Awam Public Service Department of Malaysia JPS Jabatan Pengairan dan Saliran Department of Irrigation and Drainage JPSM Jabatan Perhutanan Peninsular Malaysia

4 LESTARI LULUCF MARDI MBBN MENGOs MEWC MHLG MMD MNS MOSTE MOSTI NAHRIM NAP3 NC2 NCSA NGO NISM NPBD NPP NRE NREB PA PERHILITAN PTM R&D RE TWN Forestry Department of Peninsular Malaysia Institute for Environment and Development Land Use, Land Use Change and Forestry Malaysian Agriculture Research and Development Institute Majlis Biodiversiti and Bioteknologi Negara National Biodiversity-Biotechnology Council Malaysian Environmental Non-Governmental Organisations Ministry of Energy, Water and Communications Ministry of Housing and Local Government Malaysian Meteorological Department Malaysian Nature Society Ministry of Science, Technology and Environment Ministry of Science, Technology and Innovation National Hydraulic Research Institute Malaysia National Agriculture Policy III Second National Communications National Capacity Needs Self-Assessment Non-Governmental Organisation National Information Sharing Mechanism National Policy in Biological Diversity National Physical Plan Ministry of Natural Resources and Environment Natural Resources and Environmental Board Protected Areas Jabatan Perlindungan Hidupan Liar and Taman Negara Department of Wildlife and National Parks Pusat Tenaga Malaysia Malaysian Energy Centre Research & Development Renewable Energy Third World Network

5 UBBL UKM UNFCCC Uniform Building By-laws Universiti Kebangsaan Malaysia United Nations Framework Convention on Climate Change

6 1. Introduction 1.1 Objectives This report presents: Thematic assessment of the three conventions under this NCSA Project, namely CBD, UNFCCC and CCD. The aims of the thematic assessment are to: 1. assess the country performance strengths and capacity constraints in addressing convention requirements, and 2. identify priority capacity needs and opportunities for capacity development for the thematic areas. Analysis of cross-cutting issues, and linkages and synergies among the three conventions covered by NCSA Project. This section will also identify of capacity needs in terms of addressing cross-cutting issues. 1.2 Methodology The NCSA Process was used to produce the thematic assessment based on stocktaking reports. The stocktaking process provided the understanding of the requirements under each of the conventions, and a review of what has been done by the country to address its obligations. The stocktaking report also identified preliminary capacity issues. In addition to the stocktaking reports, inputs were also obtained through the following means: a) Self-assessment questionnaires surveys about the implementation of CBD and UNFCCC at the technical working group meetings. b) Special Task Force Meetings held with implementing agencies in Sabah and Sarawak to develop state action plans on the three conventions. c) Discussions with focal points of the 3 conventions d) Discussions, interviews and comments from key stakeholders namely: CBD: Department of Marine Parks Malaysia (DMPM), FRIM, JPSM, Perhilitan, MARDI UNFCCC: PTM, Energy Commission (EC), EPU, NC2 Project members of the Vulnerability and Adaptation Working Group CCD: Department of Agriculture Cross Cutting: INTAN, JPBD, JPA 1

7 2. Thematic Assessment: CBD Although Malaysia signed the CBD on 12 June 1992 and subsequently ratified it on 24 June 1994, Malaysia has begun to address conservation of natural resources as well as biological diversity before signing CBD. Various legislations, mechanism and practices have been implemented prior to Following the ratification of the Convention, efforts have been further strengthened. Efforts in implementing CBD in Malaysia were documented in the Stocktaking Report prepared in this NCSA Project. The Stocktaking Report includes current implementation status, legislative and institutional framework and also capacity building activities. 2.1 Strengths, Constraints and Potential Actions This section presents an analysis of strengths and constraints in national capacity to respond to convention requirements, and benefits from convention opportunities. The table below presents the strengths, constraints and needs to be taken in national capacity in terms of implementing CBD. The analysis is based on the following: preliminary issues identified in the stocktaking report self-assessment questionnaires surveys about the implementation of CBD at the technical working group meetings results of the Workshop on Human Resource Needs for the Management and Conservation of Biodiversity in Malaysia 1 recommendations from the Preliminary Study on the Relationship Between CBD and its Decisions with Malaysian Federal Governance Structure Systems and Policies 2. MENGO s comments to EPU for Mid-Term Review of Ninth Malaysia Plan interviews with key stakeholders: - DMPM, FRIM, JPSM, Perhilitan, MARDI 1 BP (2004) Workshop on Human Resource Needs for the Management and Conservation of Biodiversity in Malaysia 2 LESTARI (2005) Preliminary Study on the Relationship Between CBD and its Decisions with Malaysian Federal Governance Structure Systems and Policies (Final Report). Institute for Environment and Development / LESTARI, UKM April

8 Table 1. Implementation of CBD: Strengths, Constraints and Needs Strengths Constraints Root Cause Needs Many legislations and mechanisms that addressed the issues of CBD were in place before Malaysia signed CBD. The National Policy on Biological Diversity strengthened the implementation of CBD. It provides direction to implement strategies and action plans for conservation and management of biodiversity. The National Policy on Biological Diversity does not provide targets, nor directly assigns implementation of certain action plans to relevant agency(ies). The review process of the National Policy on Biological Diversity is not commissioned on a regular basis. Review National Policy on Biological Diversity (NPBD), particularly the strategies and action plans, to improve its contents and also implementation: Assign implementation to relevant agencies (including clarifying the role of CEMD as focal point of CBD which should include monitoring and evaluation of the implementation of the Policy.) Develop performance indicators and time frame to measure the level of implementation of strategy and action plans. Currently, the deliberation and decision-making for biodiversity matters at the country level are institutionalised in the form of a National Steering Committee on Biological Diversity, and National Biodiversity and Biotechnology Council (MBBN). MBBN also address biotechnology related issues which are considered under the umbrella heading of biodiversity. There is concern that biotechnology issues would be given more emphasis over conservation and sustainable use of biodiversity. MBBN was established in 2001 when both biodiversity and biotechnology were the responsibilities of one ministry i.e. Ministry of Science, Technology and Environment (MOSTE), Prioritise the importance of conservation and sustainable use of biodiversity as the basis for other applications / utilisation such as biotechnology, agriculture, water resources etc. Rationalise and streamline the function of MBBN, National Steering Committee on Biological Diversity and also National Biotechnology Directorate to effectively implement national policies related to biodiversity. Many states are supportive and are aware of the action plans of the National Policy The implementation of the National Policy on Biological Diversity at the States level is limited and The implementation capacity and institutional support at the state level to address conservation of Each state to establish a platform for implementation of conservation and sustainable use of biodiversity. For example a state steering committee. Some of its functions and roles should 3

9 Strengths Constraints Root Cause Needs on Biological Diversity. Sarawak and Sabah for instance have established State Biodiversity Councils. Johor has established Majlis BioD & Biotek Negeri. States in Peninsular Malaysia have at least a State Executive Committee member in charge of environment generally. ad hoc. biological diversity may not be sufficient. Most of the states do not have an active platform to operationalise the Policy in a coherent and strategic manner, although some of the states do address the issue of biodiversity indirectly in forums such as Majlis Tindakan Negeri where its main focus may not be biodiversity. include: Formulation of state policy and action plans Outline the scope and coverage of the action plan Enhancement of existing institutional framework Appoint advisors to guide the implementation of state action plans Oversee the status of implementation of action plan, monitor the availability and value of biodiversity resources at state level Coordination between federal and state agencies can be further strengthened especially to improve policy planning and implementation programmes specific to CBD Inadequate coordination among the various department /agencies in programme implementation Limited number of specialised personnel available in country Lack of trained personnel to conduct programme monitoring Further institutional strengthening among implementing agencies (federal and state) at state level is required. Consultation with state governments, and guidance and assistance from federal government in terms of implementation could be further improved Enhance coordination mechanism / platform at state level involving all stakeholders (state and federal govt.) in management and conservation - with focus on priority setting, implementation, monitoring, evaluation, and information management. Operationalise consultation process between and within federal and state government agencies Share knowledge and experiences on best practices of conservation & sustainable use of biodiversity. Federal agencies to provided guidance and assistance to States towards implementation of State Policy and Action Plans. Assistance can be in the form of coordination, advisory, financial support and also economic incentives to State Governments to implement conservation management 4

10 Strengths Constraints Root Cause Needs and evaluation Lack of monitoring mechanism No proper manual or monitoring protocol developed Implementation of CBD is addressed by many specific laws and regulations which are implemented and enforced by federal and state agencies covering sectors such as forests, wildlife sanctuaries, water catchments area, rivers, coastal areas, marine protected areas, agricultural biodiversity, etc. There are gaps and overlaps in existing laws and regulations that govern conservation and sustainable use of biodiversity. Examples: Insufficient laws on protection of plant species (the existing law only covers food crops), or ecosystems per se. Provisions in the specific laws and regulations (e.g. Wildlife Protection Act and Aboriginal Peoples Act) may be contradictory causing institutional and operational gaps among the implementing agencies. Conservation of biological diversity is fragmented due to institutional arrangements. Implementation of projects needs to be coordinated. Biodiversity is not mentioned in constitution. Review, fine tune and harmonise constitution, legislations, regulations, guidelines (federal & state) to effectively promote conservation and sustainable use of biodiversity. For instance: Review and revise National Forestry Act or Protection of Wild Life Act to expand the existing list of protected species. Streamline mandates and roles of implementing agencies. This will create relevant positions within key implementation agencies. Create positions / Appoint officers to address biodiversity issues at key government agencies such as Town and Country Planning Dept, Dept of Environment, Department of Works, Local Councils, Ministry of Tourism. 5

11 Strengths Constraints Root Cause Needs The focus of conservation of marine biodiversity in Peninsular Malaysia is weak compared to terrestrial ecosystems. Marine Park Advisory Council meets once a year. This platform is restricted to address marine biodiversity in areas gazetted as marine parks. Transboundary aspects of protecting migrating species (and their habitats) such as dugong, whale sharks are not addressed. Protected Area Management (Terrestrial and Marine) Currently there is no standard definition of PA within Malaysia (whether it includes permanent reserved forests) PAs are gazetted under specific state or federal laws (e.g. state enactment, Forestry Act, National Park Act, etc.) and are managed by various Conservation of marine diversity is not emphasised enough in the Fisheries Act Lack of designated research institute on sustainable use and conservation of marine biodiversity. Currently in Peninsular Malaysia, the conservation of marine biodiversity is limited to Marine Parks and Fisheries Protected Areas. These are enforced by different agencies. Lack of National guideline or policy on management and governance of protected area. Marine Biodiversity Conservation needs to be restrategised. Some of these are addressed in the new Marine Parks Act. Strengthen Marine Park Conservation by: Review and revise laws and regulations to improve conservation of marine and coastal biodiversity to effectively address jurisdiction and enforcement issues related to conservation of marine biodiversity Based on new legislations, expand the Marine Park Advisory Council to address marine biodiversity issues beyond the Marine Parks Address the absence of a central coordinating body on funding and scientific research Harmonisation of the management of PA in Malaysia to address: - protected areas under the (various) jurisdiction of different agencies such as forestry department, wildlife department, state park corporations, etc. - protected areas in different states 6

12 Strengths Constraints Root Cause Needs implementing agencies Programmes and activities are being implemented. These are monitored individually. FRIM is already taking the lead to develop a clearing house mechanism (CHM) for biodiversity. MARDI has developed a National Information Sharing Mechanism (NISM) on the implementation of the Global Plan of Action (GPA) for the conservation and sustainable utilization of the plant genetic resources for food and agriculture in Malaysia. Lack of overall and comprehensive monitoring mechanisms for the implementation of CBD based on the National Policy on Biological Diversity of relevant implementing agencies and also implementation status in various states. Lack of information may present an issue in quantitative analysis of programmes. Lack of systematic and effective reporting framework at state and federal level to provide relevant information for better decision making and management. Strategic benefits of improving monitoring and evaluation because this will allow better decisionmaking. Establish an annual reporting framework on the implementation of National Policy on Biological diversity / CBD based on a standardised format. Develop framework for information sharing of existing inventories and databases for decision making, management of protected areas (establishing conservation areas) and also research (such as a dedicated information portal with relevant structure, system and process for information synthesis) Integrate and harmonise databases of biological diversity and establish an effective information dissemination system. Existing clearing house mechanism and NISM databases to be integrated and complemented with data / information for wildlife, riverine and marine biodiversity (which are in different stages of development). Increase efforts to regularly update information, and also review (more) areas to be gazetted as protected areas due to new information. Demonstration projects on tools for sustainable financing of conservation of biological diversity in terms of the following : User pay principle Market-based economic Challenges in implementing these tools because some stakeholders are not supportive of these instruments and approaches. Example: Implementation of these require greater understanding of how these mechanisms work, and confidence that these have been designed and developed correctly in the Malaysian context. Pilot Projects to develop incentives: for states to conserve biodiversity in order to achieve win-win situation for federal and state governments for states and also agencies to apply market based incentives, economic instruments and conservation financing. 7

13 Strengths Constraints Root Cause Needs incentives payments for environmental services conservation financing trust funds In Taman Negara Pahang, the entrance fee is RM1. Example: 1. Providing grants for conservation in states similar to that for maintaining state roads, e.g. based on acreage of protected areas. 2. Reimbursement of a portion of service taxes from the Federal Government to the State Government based on specific criteria. 3. Encourage states to collect conservation taxes / conservation fees / tourist room surcharges. 4. Identify and remove perverse incentives that are against the conservation and sustainable use of natural resources and biodiversity. 5. Promote payments for environmental services for ecological services such as raw water, etc. Establish trust funds and institutional frameworks for the conservation and management of biological diversity. For instance: - Devise programmes / procedures to tap into existing pools of funding such as state cess, national cess, and also trust funds to carry out relevant activities such as scientific research, community activities, and conservation activities. Create an institutional framework for collaborative partnerships such as a National Biodiversity Trust Fund that will coordinate the partnership and contributions of corporate and NGOs, and channel funds to NGOs and CBOs to carry out conservation, R&D activities. There are various research institutions and universities conducting research on biodiversity. Research funding for Research needs of policy maker for decision making are not met. Results of research Lack of framework that guides research and development related to biodiversity at macrolevel in a coherent Establish a committee to increase the application of research results to support the implementation of CBD (for instance the quantification of ecosystem services, scientific data for to protect specific area of ecological and biological diversity). 8

14 Strengths Constraints Root Cause Needs biodiversity is allocated from MOSTI. are not used by policy makers There is duplication and overlap in terms of research or repeating research that had been carried out Funding from various sources not managed at macro level to ensure efficient use of research funds manner Improvement in terms of matching the needs of research for decision making, and also articulating the results of research that can be applied for decision making for implementation of CBD. Develop a framework to coordinate research among implementing agencies, research institutions and universities related to biodiversity and also conservation of natural resources. This system should streamline: Identification of priority areas for research and also conservation which balances between the need to inventorise, conserve and utilise natural resources Allocation of funding to relevant institutions (e.g. research on terrestrial wildlife, marine biodiversity, forests.) Facilitate cooperation between research institutions and implementing agencies to ensure that research outputs will be used / translated for conservation management (e.g. forestry department, Perhilitan, state EPUs, DID, etc) Facilitate cooperation among research institutions Facilitate establishing of more biodiversity stations in protected areas to promote research in these areas. Efforts have been made to compile rosters of experts in Biodiversity and related areas. These are compiled by various agencies. MOSTI keeps a register of all scientific researchers in the country. This is compulsory for all researchers in institutions of Information of these rosters of experts is not shared. This may lead to poor ability to mobilise the qualified experts for implementation of programmes and also research Weakness in: Sharing informing relevant agencies / individuals Effective use of tools for sharing information Enhance and integrate existing rosters by making these databases more user-friendly. Promote usage of these databases. This will help to identify gaps in human resource, skills and expertise. 9

15 Strengths Constraints Root Cause Needs higher education and universities to register. Various efforts to document and inventorise traditional knowledge on the use of natural resources and genetic diversity. The Access and Benefits Sharing Bill is being developed to address Access and Benefits Sharing issue of CBD. These are carried out by different agencies such as Sarawak Biodiversity Centre, Ministry of Domestic Trade, universities and research institutions. The benefits sharing aspect of Access and Benefits Sharing is not well developed and regulated in Malaysia. Information not shared in a harmonised and integrated manner. Access and Benefits Sharing Bill has not been passed as a law. Even if it is passed as a law, it will take some time to operationalise the law. Establish a national system to inventorise traditional knowledge. Lessons learned, best practices and also template for documentation could be shared Review draft version of Access and Benefits Sharing Bill. Establish a system to implement the Access and Benefit Sharing Act In terms of biotechnology, there is not much reference to rights of indigenous communities and intellectual rights. Lack of a mechanism to recognise local and indigenous peoples as custodians of biodiversity and their traditional knowledge should be protected, together with the ecosystem (terrestrial or marine) and habitat which houses biodiversity. Establish a mechanism for recognition and protection of locals and the indigenous community, and their system of governance in the process of prospecting and harvesting the country s rich biodiversity resources. Implementation of conservation of biological diversity is carried out by several key government agencies at the federal and state levels. Absence of awareness of the importance and significance of biodiversity conservation and management at other governmental agencies: Not enough mainstreaming of issues related to biodiversity conservation Not enough allocation of financial resources for implementation Mainstream the need and benefits for biodiversity conservation to relevant agencies in order to include biodiversity conservation into their scope of work. Develop or re-orientate education and training programmes with specific reference to conservation and sustainable use of biological diversity. 10

16 Strengths Constraints Root Cause Needs a) government agencies e.g. that are approving infrastructure and development projects near pristine and fragile ecosystems b) local communities Poor dissemination of information / networking Involve of local community in sustainable use and conservation of biological diversity Some institutions and local communities already implementing projects that contribute towards implementing of CBD These stakeholders may not be aware of its relevance to CBD. Technical officers may not relate their (specific) work in terms of contribution towards conservation of biological diversity. There are experts / taxonomists in timber species / forestry Lack of taxonomists in marine and freshwater fishes, arthropod, pathogen. Universities do not offer courses to produce enough taxonomists. Courses are biased towards applied sciences. HR needs are specific to research institutions. This is not effectively addressed by JPA, local universities and research institutions. Promotion opportunities within government institutions for taxonomists are rather limited within their field of expertise / skills track. Develop a scholarship scheme (together with sufficient funding) to train and retain taxonomists in Malaysia. Scholarships should focus on priority in biodiversity research, and should bond the scholar to relevant research institutions. The selection should be determined by expert opinion of research institutions. Partner with institutions offering scholarships (e.g. Public Service Department, MARA, Petronas, etc.) to include biodiversity courses in their list of sponsored courses. This will encourage top scholars to take up biodiversity-related studies. Restructure technical departments within civil service to have more positions for taxonomists, as well as to allow for vertical promotion within an organisation so that expertise can be retained. 11

17 Strengths Constraints Root Cause Needs Many government agencies and NGOs are involved in promotion of awareness and also dissemination of information on conversation of biological diversity. WWF is currently collaborating with Ministry of Education, relevant government agencies, and universities to develop an Environmental Education Kit for the purpose of replication to Malaysian schools by Absence of a system to promote awareness of the importance and significance of biodiversity conservation and management at the school level Coherent and integrated approach to include the significance of biodiversity conservation in national curriculum Develop an Education Strategy to mainstream environmental issues in the current school syllabus / curriculum and co-curriculum with the Ministry of Education. MNS has published a teaching guide for teachers to infuse Environmental Education in co-curricular activities in schools. 12

18 2.2 Priority capacity needs The implementation of CBD in Malaysia is supported by policies, legislations, and implementing agencies. Most of these were established before Malaysia signed CBD in These systems and institutions have been strengthened since The priority capacity needs presented below are based on areas where improvement will enhance the performance of Malaysia in conservation and sustainable use of biological diversity. The prioritisation of capacity needs is presented for the three levels: - systemic, institutional and individual levels. It only prioritises capacity needs within the respective levels, but not across the levels. Naturally the systemic issues will also address capacity concerns at institutional and individual levels. Systemic 1. The National Policy on Biological Diversity needs to be reviewed. After 10 years since its launch, it is timely to review this policy. A review should be carried out with the intention to enhance its implementation and to reassess areas where emphasis for implementation for the next 10 years should be given. In addition, this document does not provide targets, nor directly assigns implementation of certain action plans to relevant agency(ies). 2. Subsequently it will be necessary to: a. Review and harmonise existing laws and regulations on biodiversity to enhance synergy and to prevent overlapping and contradictory institutional, jurisdictional and operational issues as stated in the previous table. b. Review the implementation of National Policy on Biological Diversity with the intention of streamlining the roles of MBBN and National Steering Committee on Biodiversity and National Bio-technology Directorate 3. In is important for states to have an effective framework to address conservation of biological diversity because its implementation requires cooperation and coordination among various state and federal agencies at the state level. Apart from Sabah and Sarawak, there are no active institutionalised frameworks within States such as a state steering committee / biodiversity council to guide the implementation of National Policy in Biological Diversity in a coherent and strategic manner. 13

19 Institutional 1. Consultation and coordination between federal and state agencies can be further strengthened especially in terms of implementation of the programme of works of CBD. This will be made easier if each state has a state steering committee / biodiversity council to guide the implementation of National Policy in Biological Diversity (point above). Implementation of programme of works needs to be carried out in every state by relevant implementing agencies. 2. Formalise structure / mechanisms for delivering assistance and guidance from the federal government to the states. Implementation of programmes of works for CBD could be further strengthened with sharing of knowledge and best practices. Implementation of programme of works needs to be carried out in every state by relevant implementing agencies. Establishment of a federal-state capacity building mechanism that could provide assistance and guidance to implementing agencies at the state level. 3. There is no standardised / structured reporting and monitoring mechanisms for the implementation of CBD based on the National Policy on Biological Diversity of relevant implementing agencies and also implementation status in various states. Such a tool will provide data and information for states and federal governments to make effective decisions in conservation of biological diversity, and also utilise resources in terms of implementing relevant projects. 4. Strengthen efforts in the conservation of marine biodiversity. Although some of these efforts will be addressed in the new Marine Parks Act, there is a need to review and revise laws and regulations to improve conservation of marine and coastal biodiversity to effectively address jurisdiction and enforcement issues related to conservation of marine biodiversity which may not be addressed by the Marine Parks Act. 5. Economic incentive tools could be used to promote management / conservation of biological diversity and natural resources, for examples tools such as sustainable financing strategies, payment for environmental services, eco-tax, and trust funds. At the same time, perverse incentives that are against conservation of biological diversity should also be identified and removed. Having successful pilot projects of such tools will encourage states to carry similar conservation activities / projects. There are overlaps and duplications by various research institutions and universities doing research on biodiversity. Malaysia as one of the world s mega-biodiverse countries will require substantial funding for research. It is important to assess what would be sufficient funding for research, and whether 14

20 funding for research are effective. Subsequently there is a need to establish a framework to guide R&D related to biodiversity, reduce duplication of research, etc. This framework will also address the need to provide relevant information to support decision making and management of biological diversity. 6. Mainstreaming of the importance and significance of biodiversity conservation and management at: a) government agencies and also b) local communities could be better enhanced so that conservation issues can be integrated into decision making and planning. 7. Incomplete roster of experts in Biodiversity may lead to poor ability to mobilise suitable experts. There is a need to review the effectiveness of these databases to enhance and improve existing roster of experts. Base on this review, to promote the use of these databases by making these more user-friendly. 8. Access and Benefits Sharing mechanisms are in the process of being established in Malaysia through the drafting of the Access and Benefits Sharing Act. Mechanisms to operationalise benefits sharing have yet to be developed. 9. Efforts to document and inventorise traditional knowledge on the use of biological resources and genetic diversity are fragmented. These are carried out by different agencies such as Sarawak Biodiversity Centre, Ministry of Domestic Trade, universities and research institutions. Malaysia s biodiversity and its uses need to be documented in a systematic manner so that relevant and complete information can be shared. Individual 1. Lack of taxonomists for marine and freshwater fishers, and arthropod, pathogen (fungi and algae). Universities do no offer courses to produce enough taxonomists. Courses are biased towards applied sciences. Malaysia s mega-biodiversity would not be inventorised without a sufficiently large and diverse group of taxonomists. The promotion of experts such as taxonomists within the civil service needs to be restructured to enable vertical promotion. Develop a scholarship scheme that will expand and retain the current team of budding taxonomists, and also to recruit more taxonomists to join the various research and government institutions. 2. Awareness of the importance and significance of biodiversity conservation and management in the curriculum of schools. Malaysia s mega-biodiversity needs to be appreciated by her population at large in order to conservation of biodiversity to be sustained over many generations. 15

21 3. Thematic Assessment: UNFCCC Malaysia signed the UNFCCC on 9 June 1993 and subsequently became a party of the Convention by ratification on 13 July Malaysia is a Non-Annex 1 Party to the UNFCCC. Therefore it has no obligations towards reducing emissions of green house gases (GHG) under the Kyoto Protocol. Currently climate change considerations are included in various sectors under the heading of sustainable development. Following the ratification of the Convention, efforts have been strengthened to address climate change in Malaysia. Malaysia adopts a "precautionary principle" and "no regret" policy, that action, justified in their right, could be taken to mitigate or adapt to climate change, even though there is still scientific uncertainties 3. Efforts in implementing UNFCCC in Malaysia were documented in the Stocktaking Report prepared in this NCSA Project. The Stocktaking Report includes current implementation status, legislative and institutional framework and also capacity building activities. 3.1 Strengths, Constraints and Needs This section presents an analysis of strengths and constraints in national capacity to respond to convention requirements and benefit from convention opportunities. The table below presents the strengths, constraints and needs to be taken in national capacity in terms of implementing Climate Change. The analysis is based on the following: preliminary issues identified in the stocktaking report self-assessment questionnaires surveys about the implementation of UNFCCC at the technical working group meetings feedback from members of the NC2 Project members of the Vulnerability and Adaptation Working Group held in Awana Resort (28-29 January 2008) MENGOs comments to EPU for Mid-Term Review of Ninth Malaysia Plan interviews with key stakeholders: - PTM, Energy Commission, EPU, NC2 Project members of the Vulnerability and Adaptation Working Group

22 Table 2. Implementation of UNFCCC: Strengths, Constraints and Needs Strengths Constraints Root Cause Needs Climate Change issues are addressed indirectly under the overall goal of sustainable development. Climate change is not directly reflected per se in national development documents such as the 9MP, although measures stated have indirect contributions to climate change issues. Malaysia does not have national policy or action plan for climate change that provide a clear coherent direction and course of actions for mitigation and adaptation in various sectors. As a result, the roles and mandates of respective agencies in addressing climate change are not clearly spelled out. Implementation of activities to address climate change tends to be sector-based. There is lack of a holistic and integrated guiding document, e.g. National Policy or Programme. Develop a National Policy on Climate Change The government of Malaysia is in the process of conducting a study to develop a national policy on climate change. The objectives and targets of this policy should take into consideration sustainable development objectives of the nation Assign roles to relevant implementing agencies Develop performance indicators / targets Allocate funding for various implementing agencies / activities Identify dedicated research to support the implementation of the policy Inconsistency across various ministries and departments in terms of effort to address climate change Review and overcome inconsistencies within sectoral policies, strategies and instruments in order to achieve national goals and objectives in climate change. Example: Encouraging the use of solar panel by reducing taxes on these items. Relying less on coal to generate electricity with the use of economic incentives. Promote synergies among sectoral policies. Example: Include the transport sector into energy policy and development in RM9. National Automotive Policy Framework should encourage the use of environmental friendly vehicles. 17

23 Strengths Constraints Root Cause Needs The National Committee on Climate Change plays the role in terms of taking stock of implementation of UNFCCC. In December 2007, there has been a decision to form a Cabinet Committee to Tackle Climate Change to improve the effectiveness of addressing Climate Change issues in Malaysia The NC2 Project is currently improving the framework for carrying out activities to fulfil the obligations of UNFCCC (e.g. via formalizing process and procedures such as pre-cop procedures, post-cop archiving of documents, dissemination and sharing.) Efforts to support the newly formed Cabinet Committee needs to be enhanced Lack of relevant information for decision-making e.g: Information about impact of climate change on certain diseases, agriculture production, etc. Lack of technical capacity / scientific information / research and development to carry out vulnerability assessment Institutional framework currently not focused on implementation Information may lie with other agencies Lack of sharing of information Lack of dedicated research programmes and funding to support decision making related to addressing climate change Strengthen inter-institutional framework / mechanism for implementation of UNFCCC. Considering that a Cabinet Committee is established to ensure inter-ministry cooperation, this should be supported in many aspects. Designate a full time secretariat within NRE to support the Cabinet Committee. Its roles include policy research and planning, monitoring of the implementation of the policy. Formalisation and harmonisation of coordination mechanism among various ministries that are focused on implementation of national policy Develop funding mechanism for research and development to increase applied research (technical and scientific): This should Source for funds Identify areas for research for the various sectors to support decision making / implementation of climate change activities Facilitate coordinated research to avoid duplication of research, and facilitate sharing or information and results 18

24 Strengths Constraints Root Cause Potential Actions Both mitigation and adaptation are not mainstreamed into national and state coordination and policy planning. Example: It is important to take into consideration perspectives of the impacts climate change in policy planning. Long term climate scenarios should be used for land-use planning. Decision regarding compensation of flood victims should also consider the long term climate scenarios whether houses should be rebuilt at the same site or they should be relocated to another area. Climate change issues not included into scope of work of government agencies because it is relatively new terminology. Therefore government agencies may not know how to address the issues. Establish the necessary mandates and develop directives for officers to include climate change related issues into their scope of work. Unless there is an integrated policy to address climate change cross-sectorally, it is difficult to take climate change into consideration in respective scope of work. Example: Addressing air pollution and fuel efficiency in transport sector and industries will bring about benefits of climate change. 19

25 Strengths Constraints Root Cause Needs Through projects such as NC2, efforts are made to towards national planning process on climate change Limited In-depth skills and knowledge (beyond awareness) in climate change related to the work of respective agencies / officers. Lack of priority to address climate change issues and implement activities within relevant sectors. Improve capacity building in the areas of adaptation and mitigation. Develop capacity in sectors which were not given emphasis such as energy, transportation, pricing of fuels, health etc. Develop in-depth capacity in sectors which were not given emphasis: Implementation of adaptation measures Implementation of mitigation measures Implement improved methodology to inventorise GHG emissions Sustain capacity building activities that were carried out previously (these are mainly sectorbased, eg. energy efficiency 4.) 4 Malaysia is in the initial stages of introducing several policy instruments to promote energy efficiency and renewable energy in general. As mentioned in 9MP, specifically in the areas of energy efficiency, the plans are to introduce the Efficient Management of Electrical Energy Regulations, amend the Uniform Building By-laws (UBBL), label electrical appliances and use high-efficiency motors, as well as to promote greater EE in Government buildings and industries, good energy practices such as optimal lighting and air-conditioning will be adopted. Energy audits will be conducted in Government buildings to identify additional measures that can be implemented to further improve EE. These are examples of the results and impacts of the capacity building efforts. 20

26 Strengths Constraints Root Cause Needs Various awareness raising activities had been carried out to raise the awareness and understanding of climate change. Example: In primary and secondary school, both the topics of RE/EE and environmental education (which include climate change and energy conservation as the prime drivers) are in the curriculum and taught in the classrooms. Lack of targeted awareness training for government officers. Climate change is still relatively a new term which is less understood by the public. Climate change issues are not included into scope of work of government agencies because it is relatively new terminology. Specific / relevant training needs for government agencies not identified. Need for a coordinated approach to increase public awareness in addressing climate change Develop training: 1) in-house training for specific agencies 2) for government officers through INTAN or EiMAS 3) customized courses which could be jointly developed with universities and research institutions Continue to increase awareness: 1) Establish an institute / mechanism to coordinate education and awareness raising 2) Initiate programmes to reach out an works with private sector, CBOs / NGOs and also industries / stakeholders 3) Develop toolkits for schools, and school teachers. Various meetings are organised by different departments in terms of promoting the awareness of climate change issues in Malaysia. Most of these presentations are repeated. It is important to share new knowledge and skills among various implementing agencies on related issues. Lack of annual event to share information / take stock of activities, status, impacts of projects in addressing climate change issues. Organise a national conference on climate change which is an inter-agency coordination to report on outcomes, and also to plan for activities in the future. Through projects such as NC2, efforts are made to towards national planning process on climate change. 21

27 3.2 Priority capacity needs Currently Malaysia does not have a guiding document to provide an overall approach as to how relevant government agencies should address climate change issues in Malaysia. Climate change does not appear in any policy documents in Malaysia. Hence the priority for allocation resources is not clear. Systems and institutions need to be developed and established to better address climate change issues in Malaysia. The priority capacity needs presented below are based on areas where improvement will enhance Malaysia capacity to address climate change issues. The prioritisations of capacity needs are presented for the three levels: - systemic, institutional and individual levels. It only prioritises capacity needs within the respective levels, but not across the levels. Naturally the systemic issues will also address capacity concerns at institutional and individual levels. Systemic 1. Develop National Policy or action plan for climate change to provide a clear coherent direction in terms of mitigation and also adaptation for the various cross sectors. 2. Clearly spell out roles and mandates of respective agencies. This will ensure that climate change related activities will be effectively carried out. 3. Address inconsistencies of existing policies in the sector of energy, transportation, etc., strategies of line ministries to effectively implement climate change policy. 4. Identify weakness and gaps related implementing cross-sectoral measures in addressing climate change and formulate appropriate strategies in addressing these gaps. Identify and create synergies among relevant implementing agencies to tackle the issues of climate change. Institutional 1. Improve and harmonise structures / mechanisms to support the Cabinet Committee on Climate Change in terms of implementing the national policy. There is a need to designate relevant roles to a dedicated secretariat to carry out pertinent policy research, monitoring of the implementation of the policy to relevant agencies. 2. Enhance technical capacity, scientific information and research and development among all relevant ministries and department with a view of conducting mitigation and vulnerability assessment. 3. Ensure Climate Change issues are mainstreamed into national and state coordination and policy planning. It is important to take into consideration perspectives of the impacts climate 22

28 change in policy planning. For instance, scenarios from climate change having impact on national security, in decision making whether to compensation to re-build houses in the flood prone areas vs. relocation to other areas. Individual 1. Develop in-depth skills and knowledge (beyond awareness) in climate change related to the work of respective agencies / officers. 2. Improve awareness: targeted to specific agencies 23

29 4. Thematic Assessment: CCD Malaysia signed CCD in October Although desertification is not a problem to Malaysia, UNCCD was signed in supporting and following through the United Nation s framework on sustainable development in utilising land resources as well as giving political support to African countries. In the Malaysian context, the implementation of this convention covers the broad aspects of preventing and addressing land degradation. For the purpose this NCSA Project, the definition of Land Degradation is adapted from UNCCD as: - Reduction or loss of the biological or economic productivity and complexity of croplands; range or pastures; forests; and woodlands resulting from land uses or from a process or combination of processes, including processes arising from human activities and habitation patterns, such as: (i) (ii) (iii) soil erosion caused by wind and/or water; deterioration of the physical, chemical and biological or economic properties of soil; and long-term loss of natural vegetation; Activities related to mitigating land degradation have been carried out even before Malaysia joined the convention, especially in the forestry and agriculture sectors. Respective agencies in related sectors which are involved in land development have jointly implemented stringent mitigation measures to minimise land degradation. The mitigation measures are carried out in the form of policies, legislations, rules and guidelines. Efforts in implementing CCD in Malaysia were documented in the Stocktaking Report prepared in this NCSA Project. The Stocktaking Report includes current implementation status, legislative and institutional framework and also capacity building activities. 4.1 Strengths, Constraints and Needs This section presents an analysis of strengths and constraints in national capacity to respond to convention requirements and benefit from convention opportunities in terms of addressing land degradation issues. The table below presents the strengths, constraints and needs to be taken in national capacity in terms of addressing land degradation issues in Malaysia. The analysis is based on the following: preliminary issues identified in the stocktaking report interactions and feedback from two technical working group meetings 24