Thematic & Cross-Cutting Assessment Report final

NCSA Thematic Assessments and Cross-cutting Report

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


Table of Contents

1. Introduction......................................................................................................................................... 1

1.1 Objectives .................................................................................................................................... 1

1.2 Methodology................................................................................................................................ 1

2. Thematic Assessment: CBD ............................................................................................................... 2

2.1 Strengths, Constraints and Needs................................................................................................ 2

2.2 Priority capacity needs.............................................................................................................. 13

3. Thematic Assessment: UNFCCC..................................................................................................... 16

3.1 Strengths, Constraints and Needs.............................................................................................. 16


4. Thematic Assessment: CCD............................................................................................................. 24

4.1 Strengths, Constraints and Needs.............................................................................................. 24


5. Cross-cutting Issues .......................................................................................................................... 27

5.1 Overview.................................................................................................................................... 27

5.2 Findings..................................................................................................................................... 32


Annex 1: Self-Assessment – Implementation of CBD.............................................................................. 41

Annex 2: Self-Assessment – Climate Change Vulnerability and Adaptation Working Group ........... 44

Annex 3: Self-Assessment – Implementation of UNFCCC ..................................................................... 48


Abbreviations and Acronyms

9MP Ninth Malaysia Plan (2006-2010)

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


Forestry Department of Peninsular Malaysia

LESTARI Institute for Environment and Development

LULUCF Land Use, Land Use Change and Forestry

MARDI Malaysian Agriculture Research and Development Institute

MBBN

Majlis Biodiversiti and Bioteknologi Negara

National Biodiversity-Biotechnology Council

MENGOs Malaysian Environmental Non-Governmental Organisations

MEWC Ministry of Energy, Water and Communications

MHLG Ministry of Housing and Local Government

MMD Malaysian Meteorological Department

MNS Malaysian Nature Society

MOSTE Ministry of Science, Technology and Environment

MOSTI Ministry of Science, Technology and Innovation

NAHRIM National Hydraulic Research Institute Malaysia

NAP3 National Agriculture Policy III

NC2 Second National Communications

NCSA National Capacity Needs Self-Assessment

NGO Non-Governmental Organisation

NISM National Information Sharing Mechanism

NPBD National Policy in Biological Diversity

NPP National Physical Plan

NRE Ministry of Natural Resources and Environment

NREB Natural Resources and Environmental Board

PA Protected Areas

PERHILITAN

Jabatan Perlindungan Hidupan Liar and Taman Negara

Department of Wildlife and National Parks

PTM

Pusat Tenaga Malaysia

Malaysian Energy Centre

R&D Research & Development

RE Renewable Energy

TWN Third World Network


UBBL Uniform Building By-laws

UKM Universiti Kebangsaan Malaysia

UNFCCC United Nations Framework Convention on Climate Change


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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


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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 1992. 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 Malaysia1

� recommendations from the Preliminary Study on the Relationship Between CBD

and its Decisions with Malaysian Federal Governance Structure Systems and

Policies2.

� 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 2005.


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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 bio-technology 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


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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

Further institutional strengthening among implementing agencies (federal and state) at state level is required.

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.

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.

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

Consultation with state governments, and guidance and assistance from federal government in terms of implementation could be further improved

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


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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.


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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.

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.

Marine Biodiversity Conservation needs to be re-strategised. 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

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

Lack of National guideline or policy on management and governance of protected area.

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


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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 decision- making.

• 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.


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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 macro-level 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).


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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 bio-diversity, 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.


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higher education and universities to register.

These are carried out by different agencies such as Sarawak Biodiversity Centre, Ministry of Domestic Trade, universities and research institutions.

Information not shared in a harmonised and integrated manner.

Establish a “national system” to inventorise traditional knowledge.

Lessons learned, best practices and also template for documentation could be shared

The benefits sharing aspect of “Access and Benefits Sharing” is not well developed and regulated in Malaysia.

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.

Review draft version of Access and Benefits Sharing Bill.

Establish a system to implement the Access and Benefit Sharing Act

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.

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.


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a) government agencies – e.g. that are approving infrastructure and development projects near pristine and fragile ecosystems

b) local communities

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.

Poor dissemination of information / networking

Involve of local community in sustainable use and 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.


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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 2011.

MNS has published a teaching guide for teachers to infuse Environmental Education in co-curricular activities in schools.

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.


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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 1992. These systems

and institutions have been strengthened since 1992. 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.


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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


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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 re-

structured 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.


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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 1994. 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 uncertainties3.

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:


� 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.

3 http://www.kjc.gov.my/people/ccm/webpages/legislat/policy.htm


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Table 2. Implementation of UNFCCC: Strengths, Constraints and Needs


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.

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

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.

Inconsistency across various ministries and departments in terms of effort to address climate change

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.

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.


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Efforts to support the newly formed Cabinet Committee needs to be enhanced

Institutional framework currently not focused on implementation

Lack of relevant information for decision-making

e.g: Information about impact of climate change on certain diseases, agriculture production, etc.

� Information may lie with other agencies

� Lack of sharing of information

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

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.)

Lack of technical capacity / scientific information / research and development to carry out vulnerability assessment

Lack of dedicated research programmes and funding to support decision making related to addressing climate change

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


19

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

.


20


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

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.

Sustain capacity building activities that were carried out previously (these are mainly sector-based, 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.


21


Lack of targeted awareness training for government officers.

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.

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

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.

Climate change is still relatively a new term which is less understood by the public.

Need for a coordinated approach to increase public awareness in addressing climate change

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.

Through projects such as NC2, efforts are made to towards national planning process on climate change.

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.


22


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


23

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


24

4. Thematic Assessment: CCD

Malaysia signed CCD in October 1995. 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) soil erosion caused by wind and/or water;

(ii) deterioration of the physical, chemical and biological or economic properties of

soil; and

(iii) 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:


� interactions and feedback from two technical working group meetings


25

Table 3. Implementation of CCD: Strengths, Constraints and Needs


Frameworks and guidance exist in policies on development such as 9MP, NAP3, NPP, NUP, NEP which address issues related to land degradation.

Land degradation issues have been addressed in many stages of development. This is evidenced by the existence of various laws, regulations and guidelines that addresses this at the sectoral level.

.

As Malaysia does not have deserts, questions are raised regarding the relevant of implementing UNCCD in Malaysia, and how it is to be implemented.

There is no point of reference for implementation of UNCCD, in terms of land degradation.

� There is no clearly expressed position and direction in terms of implementation of UNCCD.

� There is currently no common / standard definition for land degradation (within the context of implementation of UNCCD)

� There is no comprehensive / integrated policy or national action plan that addresses land degradation.

� Determine the direction / approach that Malaysia should take in terms of implementing UNCCD based on reviewing of existing activities that are carried out by relevant agencies.

� Analyse implementation of existing federal laws and state legislations in terms of addressing land degradation.

� Assess whether there is a need to have a policy on land degradation

� Assess whether there is a need to have a common definition of land degradation

Some of the issues related to land degradation are also addressed in the implementation of CBD and also UNFCCC.

None Land degradation issues are recognised when implementing CBD and UNFCCC.

None


26


Land degradation issues are currently being addressed in Malaysia by various sectors due

to the nature of managing land degradation issues. Although there are systems and

institutions developed to address land degradation it is not framed within the context of

CCD. There is no common definition of land degradation that is being used by relevant

agencies.

The priority capacity needs presented below are suggestions to improve the

implementation of UNCCD. The prioritisation of capacity needs is presented for the two

levels: - systemic and institutional. Capacity needs are prioritised within the respective

levels, but not across the levels.

Systemic

1. Determine the direction / approach that Malaysia should take in terms of

implementing UNCCD.

2. Assess whether there is a need to have a common definition of land degradation

3. Assess whether there is a need to have a policy on land degradation

Institutional

1. Analyse implementation of existing federal laws and state legislations in terms of

addressing land degradation.


27

5. Cross-cutting Issues

5.1 Overview

The inter-linkages between CBD and UNFCCC are spelled out by Secretariat of the

Convention on Biological Diversity (2003). Inter-linkages between biological diversity

and climate change: Advice on the integration of biodiversity considerations into the

implementation of the United Nations Framework Convention on Climate Change and its

Kyoto protocol. Montreal, SCBD. (CBD Technical Series no.10).

This document examines the inter-linkages between climate change and biodiversity,

specifically impacts of climate change on biodiversity, potential effects of activities for

mitigation and adaptation to climate change in biodiversity, role of biodiversity in

mitigating biodiversity, and contribution towards adaptation options for climate change.

This section is written based on the inputs of this paper, taking into consideration of the

inter-linkages with land degradation issues that appear in the three stocktaking reports.

There are opportunities to implement mutually beneficial activities (policies and projects)

that take advantage of the synergies between the three conventions and broader national

objectives. In order to benefit form these activities it is important for national

coordination among sectoral agencies to design policy measures that exploit potential

synergies between nation economic development objectives and environmentally focused

projects and policies. Coordination is considered the greatest challenge.

Relevant cross-cutting areas could be grouped into the following perspectives:

1. Ecosystem approach

2. Land-Use, Land-Use Change and Forestry

3. Agriculture

4. Peatlands / Soil Conservation

5. Renewable / Bio-Energy

6. Adaptation

Ecosystem Approach

� The ecosystem approach to CBD provides a flexible management framework to

address climate change mitigation and adaptation activities in a broad perspective.

This holistic framework can help to balance ecological, economic and social

considerations in projects, programmes and policies related to climate change

mitigation and adaptation. Examples of ecosystems in Malaysia include mangrove,

peatland, and other forest ecosystems.

“Adaptive management” which allows for the re-evaluation of results through time

and alterations in management strategies and regulations to achieve goals is an

integral part of the ecosystem approach.


28

� Conservation of ecosystem structure and functions is an important climate change

adaptation strategy because species and genetic rich eco-systems have a greater

potential to adapt to climate change (e.g. mangroves a natural barrier against coastal

erosion, peatland in terms retaining water and prevention of forest fires).

Ecosystems and its biodiversity provides services such as natural pest control,

pollination, soil-stabilisation, flood-control, water purification, seed dispersal services

which will be costly to replace by artificial / engineering means. Therefore

conserving biodiversity (genetic diversity for food crops / fisheries, trees, and

livestock races) means that options are kept open to adapt human societies better to

climate change.

Land-Use, Land-Use Change and Forestry

� Land-use, land-use change and forestry (LULUCF) activities can play an important

role in reducing net greenhouse gas emissions to the atmosphere. Biological

mitigation of LULUCF activities can occur by 3 strategies:

a) Conservation of existing carbon pools, e.g avoiding deforestation in various

types of forests, especially in riparian buffer zones will have positive impacts

on conservation of biodiversity in Malaysia, and preventing land degradation.

b) Sequestration by increasing the size of carbon pools (reforestation and

afforestation) will have positive impacts in terms of increasing habitats, as

well as increasing connectivity between different patches of forested areas,

thus creating ecological corridors for wildlife.

c) Substitution of fossil fuel energy by use of modern biomass could be further

explored in Malaysia considering that there is agricultural waste

� Afforestation5 and reforestation

6 can have positive, neutral or negative impacts on

biodiversity depending on the ecosystem being replaced, management options

applied, and the spatial and temporal scale. The value of planted forest to

biodiversity will depend on a large degree what was previously on the site, and its

landscape context. Reforestation in degraded land will often produce the greatest

benefits to biodiversity but can also be a challenge to forest management.

Afforestation and reforestation that pay attention to species selection and site location

can promote the return, survival and expansion of native plant and animal

populations. The clearing of native forests and replacing them with monoculture

forest of exotics would have negative impact on biodiversity.

5 Planting trees on land that has not contained a forest over 50 years

6 Planting trees on land that was not forested in 100 years


29

1. Short rotation plantations will not sequester and maintain carbon as much as long

rotation plantations in which vegetation and soil carbon as much as long rotation

plantations in which vegetation and soil carbon is allowed to accumulate.

2. Plantations of native tress species will usually support more biodiversity than

exotic species and plantations of mixed tree species will usually support more

biodiversity than monocultures. But plantations of monocultures can contribute to

biodiversity conservation when appropriately situated in the landscape.

� Most of the world’s forests are managed, hence improved management can enhance

carbon uptake or minimise carbon losses and conserve biodiversity. Forests are

enormous repositories of improved management activities have the potential to

positively affect biodiversity. Recently WWF-Malaysia has managed to successfully

documented large mammals such as the Malaysian Tiger in logged forests, indicating

that there are significant prey population that can support predators such as tigers.

Forest practices that enhance biodiversity in managed stands, have a positive

influence on carbon retention within forests include: - increase rotation length, low

intensity harvesting, leaving wood debris, post-harvest silviculure to restore local

forest types, paying attention to landscape structures, harvesting that emulates natural

disturbance regimes, maintains natural fire regime : - this will maintain biodiversity

and carbon storage.

� Agroforestry systems have substantial potential to sequester carbon and can reduce

soil erosion, moderate climate extremes on crops, improve water quality and provide

goods and services to local people.

Agriculture

� Large number of agriculture management activities (conservation tillage, erosion

control practices, irrigation) that will sequester carbon in soils, and which may have

positive and negative effects on biodiversity depending on the practice and context in

which they are applied.

The significant relationships of biodiversity, climate change and land degradation in

agricultural activities needs to be researched and explored.

Peatlands / Soil Conservation

� Avoiding degradation of peatlands and mires is a beneficial mitigation option. These

contain large stores of carbon. Sustainable draining of peatlands for activities such as

agriculture, afforestation and reforestation activities needs to be explore so that

activities lead to net carbon uptake, or carbon neutral situations.


30

� Revegetation activities that increase plant cover on eroded, severely degraded, or

otherwise disturbed lands have a high potential to increase carbon sequestration and

enhance biodiversity.

Renewable / Bio-Energy

� Bio-energy plantations that provide the potential to substitute fossil fuel energy with

biomass fuel but may have adverse impacts on biodiversity if they replace ecosystems

with higher biodiversity. However, these plantations on degrade land or abandoned

agricultural sites could benefit biodiversity.

� Renewable energy sources may have positive or negative effects on biodiversity

depending on site selection and management practices. These alternatives take

pressure from forests, woodlands. Proper site selection and case by case evaluation of

implications of technologies and facilities / infrastructures such as windmills / solar

power will avoid and minimise negative impacts.

� Hydropower has been promoted as a technology with significant potential to mitigate

climate change by reducing the GHG intensity of energy production but has potential

adverse effects on biodiversity. Emissions of CO2 and methane are caused by

decaying organic materials in dams and reservoirs. There are also loss of land and

biodiversity from large scale hydropower development. Run of the river hydropower

and small dams have generally less impact on biodiversity than larger dams, but

cumulative effects of many small units should be taken into account.

Adaptation

� Adaptation is necessary not for the projected change in climate, but also because

climate change is already affecting many ecosystems. Adaptation activities may have

positive and negative effects on biodiversity – Positive effects may generally be

achieved through: -

a) Maintaining and preserving native ecosystems such as mangroves, and

also not disturbing peatlands to prevent forest fires

b) Protecting and enhancing eco-system services

c) Actively preventing and controlling invasive alien species

d) Managing habitats for rare, threatened, and endangered species

e) Developing agroforestry systems

f) Paying attention to traditional knowledge

g) Monitoring results and changing management regimes accordingly

Adaptation activities that can be beneficial to biodiversity include:

� establishment of a mosaic of terrestrial, freshwater and marine multiple-

use reserve protected areas designed to take into consideration projected

changes in climate


31

� integrated land and water management activities (integrated coastal zone

management and integrated river basin management) to reduce non-

climatic pressure in biodiversity and hence make the system less

vulnerable to changes in climate.

Adaptation activities that can be damaging to biodiversity include:

� Destruction of habitats – building sea walls


32

5.2 Findings

This section presents the convergence of the three conventions in terms of implementing

agencies. It shows agencies in which the three conventions cross-cuts. The following

agencies deal with issues related to the three conventions.

Federal Ministries and Agencies

1) Economic Planning Units (Federal and States)

Federal and State EPUs as planning agencies have an important role to play in

terms of providing guidance and coordination in ensuring that the concerns and

issues of the three conventions are addressed

2) Ministry of Natural Resource and Environment

Two departments are particularly involved in the three conventions. These

departments exist at the federal and state levels.

a. Forestry Departments (Federal and States)

Forests play in important role in mitigation and adaptation for climate

change. They are also the home to Malaysia’s biodiversity. Sustainable

forestry management practices also address land degradation issues.

b. Department of Environment (Federal and States)

DOE plays an important role as a one-stop agency through the

Environmental Impact Assessment (EIA) process which will address the

concerns of the three conventions, conservation of biodiversity, and land

degradation. It can also assist in addressing climate change issues in terms

of mitigation and adaptation considering that DOE may be involved in

monitoring and regulating emission of greenhouse gases, and also advise

the EIA process of reclamation of land, and also development in flood

prone areas.

For the states of Sabah and Sarawak implementing agencies also include

Environmental Protection Department, and Natural Resources and

Environment Board respectively.

c. Department of Wildlife and National Parks and similar agencies

The management of protected areas by Perhilitan, and also state park

corporations such as Johor National Parks Corporation, Perak State Park

Corporation, Selangor State Park Corporation contributes towards the

implementing of the 3 conventions. While these are focused on


33

conservation (CBD), conservation in protected areas contributes towards

climate change mitigation and adaptation; as well as prevent soil erosion.

d. Department of Marine Parks Malaysia (DMPM)

This department is mentioned here because of very special circumstances.

While it is obviously that marine biodiversity is the main concern of this

department, marine biodiversity is also impacted by climate change and

soil erosion. Therefore marine biodiversity would also be the concern for

adaptation for climate change, and benefit of activities to address land

degradation.

3) Ministry of Housing and Local Government

a. Town and Country Planning Department (Federal and States)

Town and Country Planning Departments have integrated some of

concerns, in varying degrees, of the three conventions in terms of town

and country planning into the National Physical Plan (NPP), and National

Urban Policy taking into consideration ecological sensitive areas, and

preservation of our central forest spine, and soil erosion.

Considering that the NPP may cover forested areas, this can be linked to

addressing mitigation and adaptation aspects of climate change issues. In

addition this department may be involved in town planning issues to avoid

areas that are prone to the negative impacts of climate change such as

floods, coastal erosion, etc.

4) Ministry of Agriculture and Agro-based Industry

a. Department of Agriculture (Federal and States)

The Department of Agriculture is involved in the implementation of the

Invasive Alien Species programme of work of CBD. It is concerned with

food security issues, which may be affected by climate change. The

department will also have to address land degradation issues related to

agriculture. There is scope for sustainable agriculture initiatives

contributing to both climate adaptation and mitigation efforts, and

preventing land degradation.

5) Ministry of Plantation Industries and Commodities

Although this ministry does not implement policies and programmes

related to the 3 conventions, the activities in plantations concerns the issue

that are covered in the conventions above because land use for oil palm,


34

cocoa, tobacco, pepper will have impacts on biological diversity, issues

related to climate change and also soil erosion.

The convergence of these issues within the purview of this ministry should

be appreciated. The positive actions that could be taken by this ministry

should not be overlooked.

6) Ministry of Education

Climate change and conservation of biological diversity are issues that need to be

included in the curriculum in schools. Although this ultimately lies in the purview

of this Ministry, the effort will need to be supported by relevant government

ministries, agencies as well as NGOs in terms of subject matter content and

expertise. Land degradation issues related to climate change and also biodiversity

will indirectly be addressed.

7) National Institution of Public Administration

INTAN plays a very important role in providing training and capacity building for

government officers (of federal, state and local governments). In order to ensure

that the issues are taken up actively and effectively in day-to-day decision makers

in government institutions, some form of training needs to be carried out. For

instance to develop a compulsory course for all decision makers in the civil

service, based their mandates to implement activities of the 3 conventions.

This has implications on human resource and institutional capacity of this agency

so that it can play a positive role for the implementation of the 3 conventions.

8) Ministry of Higher Education

This ministry is relevant in terms of continually producing quality graduates that

will join the various implementing agencies for the three conventions.

Please refer to the tables below for an indication of government agencies that are

involved in addressing cross-cutting issues, either directly or indirectly.


35

Table 4. Federal Agencies involved in CBD, UNFCCC and UNCCD

Federal Agency CBD UNFCCC UNCCD

Economic Planning Unit, Prime Minister’s Department

√ √ √

Ministry Institutions / Agencies CBD UNFCCC UNCCD

Forestry Department Peninsular Malaysia

√ √ √

Department of Environment √ (√) √

Conservation and Environmental Management Division

√ √

Department of Director General of Lands and Mines

(√) (√) (√)

Department of Irrigation and Drainage

(√) √ √

Department of Wildlife and National Parks (Perhilitan)

√ (√) (√)

Department of Marine Parks Malaysia

√

Forest Research Institute Malaysia (FRIM)

√ √

Natural Resources

and the

Environment

National Hydraulic Research Institute Malaysia

(√) √

Housing and Local Government

Town and Country Planning Department

√ (√) √

Malaysian Energy Centre (√) √ Energy, Water and Communications Department of Water Supply √

International Trade and Industry

√ √

Department of Agriculture Malaysia

√ √ √

Department of Fisheries √ √?

Malaysian Agriculture Research and Development Institute (MARDI)

√ √

Agriculture and Agro-based Industry

Department of Veterinary Services

(√) (√) (√)

Plantation Industries and Commodities

Various Boards – Palm Oil, Rubber, Pepper, Koko, Tobacco, Timber Industries

(√) (√) (√)

Science, Technology and Innovation

Malaysian Meteorological Department

√

Transport (√) √

Health (√) √


36

Federal Agency CBD UNFCCC UNCCD

Ministry of Education (√) (√) (√)

National Institute of Public Administration (√) (√) (√)

Ministry of Higher Education (√) (√) (√)

Notes : √ - involved directly (√) - involved indirectly

Sabah

For Sabah, the institutions in which the implementations of the three conventions

converge are as follows:

� Economic Planning Units

� Forestry Department

� Yayasan Sabah7

� Sabah Forestry Development Authority8

� Environmental Protection Department

� Sabah Parks (which also include marine parks)

� Wildlife Department

� Department of Agriculture

� Department of Environment



7 for conservation, (e.g. Danum valley & Maliau basin), forest plantation and sustainable forestry

8 for forest plantation


37

Table 5. Sabah Agencies involved in Implementing CBD, UNFCCC and UNCCD

Ministries of Institutions / Agencies CBD UNFCCC UNCCD

Chief Minister’s Office

Sabah Economic Planning Unit √ √ √

Forestry Department

Yayasan Sabah

Sabah Forestry Development Authority (SAFODA)

√ √ √

Sabah Wildlife Department √ (√) (√)

Natural Resource Office

Land and Surveys Department √ √

Environmental Protection Department

√ √ √

Sabah Parks √ (√) (√) Culture Arts and Environment

Wildlife Department √

Department of Agriculture √ (√) √

Department of Fisheries √ Agriculture and Food Industry

Veterinary Department √

Federal Ministry Department of Environment √ √ √

Rural Development √

Infrastructure Development

√

Federal Ministry Department of Irrigation and Drainage

√ √

Federal Ministry Public Works Department √

Note: √ involved directly (√) involved indirectly


38

Sarawak

For Sarawak, the institutions in which the implementations of the three conventions

converge are as follows:

� State Planning Unit

� State Planning Authority

� Forestry Department

� Environmental Protection Department

� Ministry of Land Development

� Department of Agriculture

� Department of Environment



Table 6. Sarawak Agencies involved in CBD, UNFCCC and UNCCD

Ministries of Institutions / Agencies CBD UNFCCC UNCCD

State Planning Authority √ √ √

Forest Dept / Sarawak Forestry Corporation

√ √ √

Natural Resource and Environment Board (NREB)

√ √ √

Land and Survey Dept (√) √

Sarawak Biodiversity Centre √

Planning and Resources Mgmt

Sarawak Timber Industry

Development Corp (√)

Land Dev. (√) (√) √

Modernisation of Agriculture

Dept of Agriculture √ √ √

Federal Ministry Department of Environment √ (√) √

Federal Ministry Dept of Irrigation & Drainage

√ √

Rural Dev (√) √

NREB √ √ √ Environment and Public Health City councils & local authorities √ √

Note:

√ involved directly

(√) involved indirectly


39


In order to benefit from the opportunities to implement activities that take advantage of

the synergies between the three conventions and broader national objectives, several

issues needs to be addressed. The following is a list of capacity needs to address cross-

cutting issues.

Systemic Level

1. Formulation of National Policy on Climate Change and National Policy on Land

Degradation. Unless these two are formulated to provide directions and focus, it

will be challenging to identify areas where synergies can be benefited.

2. The National Policy on Environmental, National Policy on Biological Diversity,

National Policy on Climate Change, and National Policy on Land Degradation

should highlight and reflect the cross-cutting issues so that synergies and issues

are expressly stated.

3. Introduce issues related to conservation of biodiversity, climate change and land

degradation into school curriculum in an integrated manner in order to improve

awareness.

Institutional Level

4. MBBN can also be used as a platform to discuss climate change and land

degradation issues. There is potential for synergy in this platform to integrate the

cross-cutting issues.

5. The Cabinet Committee on Climate Change, which is to be formed, can be used to

address cross-cutting issues.

6. Both the National Steering Committee on CBD, and also National Steering

Committee on Climate Change are chaired by the Secretary General of NRE.

While this is not a capacity gap, there are benefits in the long-run to merge the

two of these committees in terms of organising meetings because these two

committees have many members in common. The convergence of these two

committees will also enhance the competence in address cross-cutting issues.

7. In terms of working group, an example of a potential common platform exists in

the NC2 Project - its working group for vulnerability and adaptation consist of

mainly federal agencies which could be used to identify common areas to develop

joint implementation projects. Organisations that are missing from this working

group are the Town and Country Planning Department, and Department of

Environment.


40

8. Harmonise existing environmental laws and regulations to take into consideration,

and highlighting the cross-cutting issues.

9. States which have set-up committees to address conservation of biodiversity

issues could expand this platform to address climate change and land degradation

issues.

Individual Level

10. INTAN is well positioned to develop training programmes that can integrate the

issues of the three conventions, so that decision-makers in government institutions

are able to address day-to-day matters accordingly.

11. Improve the competence and negotiation skills of delegates to international

meetings. While it is recognised that exposure from attending international

meetings will increase the capacity of officers, there is also a need to ensure that

the negotiations involving our country’s position are will be well represented by

skilled officers, and advised by relevant agencies.


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Annex 1: Self-Assessment – Implementation of CBD

Self assessment of key stakeholders in terms of meeting the requirements of the

convention

The table below shows that results of the self-assessment carried among the participants

of a workshop held on 8 October 2007. Overall the self-assessment shows that activities

related to CBD had been addressed and completed, whereas activities related to National

Policy on Biodiversity are also being addressed.

Results of Self-Assessment Survey held on 8 October 2007

CBD Obligations Addressed Addressed somewhat

Not addressed

Comments:

1) Is this relevant? 2) Details /

Examples 3) Suggestions

Undertaking national biodiversity conservation planning

– Develop national biodiversity strategies, plan or programmes

X

National BioD policy

– Integrate / mainstream it into broader national plans for environment and development

X Addressed but not comprehensively

Identifying and monitoring biodiversity and its conservation

Inventories and scientific expeditions

– Forest Biodiversity X

– Agriculture Biodiversity X

– Inland Waters Biodiversity X

– Marine and Coastal Biodiversity

X

– Mountain Biodiversity X

– Island Biodiversity X Relatively new work programme. May not have been inventorised


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Not addressed

Comments:



In-situ conservation, including protected area system management

X Many protected area systems. Need to strengthen governance

Ex-situ conservation of biodiversity X

Agriculture 50% of diversity. Mainly for agri species. Fisheries – no particular except for turtle conservation Forestry focus more on in-situ conservation.

Utilising environmental impact assessment for biodiversity conservation

X

EIA regulation is not focused on BioD. Issue being currently rectified. Inclusive but not extensive. FMU – in the process of implementing BioD focused EIA

Managing information, notably through clearing house mechanisms to promote and facilitate technical and scientific cooperation

X Currently being developed by FRIM

Providing scientific and technical education and training

X Several agencies are doing this

Preserving indigenous and local knowledge, innovations and practices

X

Domestic trade ministry is looking into documenting local products / remedies. Mostly in Sabah and Sarawak. Peninsular – currently being initiated. Various publication and journal.

Implementing the Cartagena Protocol on Biosafety

X

Bio-safety Act is established, setting up department, implementing the provisions.

Regulating access to and transfer of genetic resources

X

More developed in Sabah and Sarawak. Use existing laws and guidelines. Implementation of Biosafety Act

Regulating the handling of living modified organisms resulting from biotechnology

X


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Not addressed

Comments:



Regulating the commercialisation and ensuring benefit-sharing from genetic resources

X

Currently more emphasis on commercialization. In the process of drafting Access and Benefits legislation. Some institutions have MOU with outside collaborators

Accessing financial resources X RMK9, GEF, Danida. But resources are always not enough

Raising understanding and awareness of the importance of, and the measures required for, the conservation of biological diversity

X Carried out by all agencies.

Developing and introducing economic and social incentives

X Working towards it. Looking into solutions / implementation.


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Annex 2: Self-Assessment – Climate Change Vulnerability and Adaptation Working Group

SECTORS WHAT ARE THE ISSUES OR CHALLENGES OF IMPLEMENTING YOUR THEMATIC AREA?

WHAT IS THE ROOT CAUSE?

Policy and Planning – Are there challenges in terms of policies and legislation (act, regulations or enactments) to support vulnerability assessment and adaptation? Are challenges in terms of strategic planning, project and management planning, strengthening participation in planning etc?

1. National Agriculure Policy III mentions sustainable agriculture, agroforestry and food security issues. There is no specific guidance on environmental issues.

Priority more on production

2. Inadequate planning on agriculture waste disposal Priority more on production

Agriculture

3. Inadequate linkages between agriculture agencies No proper environmental policies

1. Forest fire issues Land use practices

2. Lack of coordination between related agency on the forestry sector

Involve various agencies under different Ministry

Forestry

3. Inadequate information for policy planning Insufficient R&D

Water 1. Current policies/legislations and agencies are sectoral base

Inherited government system

Coastal & Marine Resources

No enforcement of guidelines Other sectoral goals too intense compared to coastal zone management

1.No policy for climate adaptation energy sector Low priority Energy

2. Climate change not incorporated in strategy planning

Lack of facts and data

Health Lack of Incremental dedicated funds for R&D for climate change issues across the sectors (one of which is health). R&D for impacts of Climate Change on health could be conducted.

Lack of policy priority in R&D for climate change

Organisation & Implementation – What are the challenges in terms of carrying out the activities that have been planned? Examples of areas where challenges may occur – allocation of resources, mobilization or deployment of resources, management systems for management and support of specific actions and programmes (e.g. toolkits, procedures, manuals etc.)

Agriculture 1. Not enough resources (funding, manpower, human capital)

Less awareness on environmental issues

Biodiversity No single platform/agency to cater for biodiversity issues.

Many agencies dealing with biodiversity issues at national & state levels.

Forestry Strengthen our current organisation Current organisation does not meet emerging issues


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Water Lack of capacity and expertise to carry out impact assessment

The assessment requires specific specialisation


Lack of technical capacity and scientific information • Level of technical understanding differs with different agencies

• Funds for R&D limited

Energy No central implementation • Low priority

• Lack of facts and data

• Lack of capacity

Health Efficiency in research fund management. Lag time is long, slow release of funds.

Stakeholder Engagement – what are some of the challenges in terms of collaborative management, coordination and partnerships, and sorting out the mandate and institutional arrangements of other implementing agencies?

Agriculture Lack of coordination between ministry and departments

National policy and direction is not clearly defined.

Forestry Limited internal consultation Time constraint

Water Resources

Difficulty in changing the existing mindset Lack of awareness and insufficient information

• Mandate confusion • Political/Executive interference

• Timing of cash-flow/programs implementation • Lack of coordinated planning


• Land acquisition and relocation problems • Enforcement governance by Land Office

Energy � Too many stakeholders

� Unclear roles and responsibility

� No shared responsibility (own interest)

Interagency coordination and cooperation to obtain real-time data (weather) for predictive modelling

Health

Strengthen and enhance capacity development in specific technology and technical expertise – disease modelling and risk modelling

Information & Knowledge – are sufficient information and knowledge used to diagnose and understand problems and potential solution? Which area of information and knowledge is lacking? Is current research and science adequate? Are information and knowledge managed properly?

Agriculture Too little research on climate change on agriculture Lack of awareness of climate change impact on agriculture sector

Detailed information still lacking Lack of continual assessment. Biodiversity

No national focus and direction in biodiversity in This is a new area of concern.


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biodiversity assessment and R & D.

Inadequate detailed information on biodiversity grouping.

No concerted efforts to gather data at national level.

Inadequate finance & experts to carry out biodiversity assessment.

Biodiversity sector does not constitute a priority sector.


Lack of R&D in general

Gaps in knowledge long term wave/oceanographic data

• Limited funds

• Limited number of researchers

• Funds

• Security of instruments

1. Poor dissemination of updated information Lack of man power Forestry

2. No one stop centre to manage the resources and information

No directive from top management

Water Resources

1. Need for more studies on impact assessment Current knowledge is still insufficient

Energy � Lack of centralised data system � Low priority

� Lack of expertise

1. Promote awareness of Climate Change to programme heads in order for climate change to be considered in their operations / duties.

Health

2. Medical data quality to be improved. Currently data extraction is time consuming because it is labour intensive

Monitoring and Evaluation – the quality of management actions / programme / activities may be greatly enhanced by effective monitoring and action. What are the challenges in carrying out existing M&E mechanism to provide feedback for continued learning and improvement? What are some of the mechanisms that can be put in place?

Agriculture Limited monitoring mechanism system available Lack of awareness

Biodiversity Inadequate personnel & fund. Biodiversity assessment not a priority area.

Forestry More frequent national / sectoral forest inventory exercise

Financial constraints


Funds for continuous M&E Funds

Water Resources

Awareness of the existing M&E mechanism is lacking

Lack of communication

Energy � Lack of equipment and tools/methodologies � Lack of finance

� Lack of knowledge

� No technology transfer activity


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conducted

Health a) Medical data quality to be improved. Currently data extraction is time consuming because it is labour intensive

b) Interagency coordination and cooperation to obtain real-time data (weather) for predictive modelling


48

Annex 3: Self-Assessment – Implementation of Climate Change

Self assessment of key stakeholders in terms of meeting the requirements of the

convention

The table below shows that results of the self-assessment carried among the participants

of a workshop held on 9 October 2007. Overall the self-assessment shows that activities

related to INC had been addressed and completed, whereas activities related to NC2

process is currently being address and also is currently on-going.

Different sectors are at varying stages of addressing climate change issues.

The self-assessment reflects a positive outlook because these activities have been

initiated at sectoral level.

Results of Self-Assessment Survey held on 9 October 2007

UNFCCC Obligations Addressed, completed

Addressed,

not completed

Not addressed

Comments

1) Is this relevant? 2) Details / Examples 3) Suggestions

Preparing national communication (covers first and second)

X In the process

Developing national climate change programmes / policy / action plans (sectoral)

X Sectorally addressed

Developing national climate change programmes / policy / action plans (national plan)

X In the process

Preparing and managing greenhouse gas inventories

Energy & Transport X(INC) X (NC2) NC2 in the process

Industrial Processes X(INC) X (NC2) NC2 in the process

Agriculture X(INC) X (NC2) NC2 in the process

Land-use, Land-use change, Forestry

X(INC) X (NC2) NC2 in the process

Waste X(INC) X (NC2) NC2 in the process

Preparing and managing emission database management (NC2 only)

Energy & Transport X

Industrial Processes X


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Addressed,

not completed

Not addressed

Comments


Agriculture X


X

Waste X

Research and systematic observation of climate and its changes

X

Temperature trends in developed areas Rainfall data (On-going)

Assessing vulnerability and adaptation (addressed by National Physical Plan) based on current NC2 Process

Agriculture X MARDI

Forestry X JPSM

Biodiversity X FRIM

Public Health X MOH, IMR

Energy X EPU, MEWC, PTM, ST,

Coastal Resources X JPS, NAHRIM

Water Resources X JPS, NAHRIM

Climate Projection X MMD, NAHRIM, UKM

Socio-Economic X EPU, LESTARI

Developing and implementing adaptation plans and measures

X Approached sectorially

Assessing mitigation options based on current NC2 Process

Energy X

Transport X

Industrial Processes X

Agriculture X


X

Waste X

Formulation of climate change related policies and measures

X Sectorally

Developing and transferring technology X


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Addressed,

not completed

Not addressed

Comments


Institutional capacity-building, notably through Secretariats or focal points.

Focal Point: - CEMD X Continuous

Implementing Agencies: - State EPUs

X Continuous

PTM X Continuous

FRIM X Continuous

MARDI X Continuous

Ministry of Transport X

MEWC X Continuous

Energy Commission X

Town and country planning department

X Only participation in NC2

MHLG X Local Govt.

Department of Forestry X Continuous

Department of Environment

X Continuous

Ministry of Plantation, Industries & Commodities

X Continuous

Malaysian Meteorological Department

X Continuous

NAHRIM X Continuous

Ministry of Health X Continuous

Ministry of Agriculture * (not present)

X continuous

DID* (not present) X continuous

Improved decision-making skills, including assistance for participation in international negotiations and regional conferences and training.

X Lots of improvements

Working with the Clean Development Mechanism

X Continuous

Meeting needs arising from implementation of Convention Articles 4.8 and 4.9 on adaptation. Please refer to attachment.

Refer to “adaptation”


51


Addressed,

not completed

Not addressed

Comments


Information and networking, including databases

X

Education, training and public awareness raising

X

Enhancing the enabling environment for the implementation of UNFCCC in the country. (Please prioritise) Sectors: -

1. Energy X

2. Transport X

3. Industry X

4. Land Use X

5. Agriculture X

6. Waste X

7. Forestry X

8. Biodiversity X

9. Coastal Resources X

10. Water Resources X

11. Climate Projection X

12. Socio-Economic X

13. Public Health X

Documents

Thematic & Cross-Cutting Assessment Report final