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The NIPAS Law and the Convention on Biological Diversity
comparative Legal Analysis of the NIPAS Law
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The Convention on Biological Diversity (CBD) is an international legally binding treaty with the following goals: (1) conservation of biological diversity (or biodiversity); (2) sustainable use of its components; and (3) fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity. It is often seen as the key document regarding sustainable development. The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993.
Likewise, the NIPAS Act governs the protection of wildlife species and their habitats through the establishment and management of protected areas in the country. The Act was passed for the protection of outstandingly remarkable areas and biologically important public lands that are habitats of rare and endangered species of plants and animals representative of biogeographic zones and related ecosystems.
The salient points of the NIPAS law
n The NIPAS Act of 1992 or Republic Act (RA)
No. 7586 is a landmark Philippine legislation which allows government to pinpoint and/ or classify public land and water areas with outstanding biological diversity as well as anthropological significance. One of the end goals of this law is to conserve and preserve the country’s natural heritage through the establishment and management of a comprehensive system of integrated protected areas that is consistent with the principles of biological diversity and sustainable development.
n In emphasizing biodiversity conservation and sustainable development, the NIPAS Act mandates the adoption of a co-management approach. Under Section 11 of the law, each established PA is to be administered by the PAMB led by the Regional Executive
Director (RED) of the Department of
Environment and Natural Resources (DENR)
Other members of the PAMB include representatives from the LGU concerned, local tribal communities where needed, local-based people’s organizations (POs) and non-government organizations (NGOs).
n With such a diverse composition, the
PAMB is expected to come up with sitespecific strategies and policies in all matters pertaining to the protection, planning, and administration of each established protected area. To this end, the PAMB shall adopt and be guided by a management plan/manual. 6
Any proposals for activities or projects to be implemented within a specific PA which is not covered by the management plan for the same shall be subjected to an environmental impact assessment 7 in order to mitigate possible negative environmental effects.
n Section 3 categorizes protected areas, the bases of which among others are other categories established by law, conventions or international agreements which the Philippine
Government is a signatory.
Salient points of the NIPAS Law
6Section 9, RA 7586 7Section 12, RA 7586
comparative Legal Analysis of the NIPAS Law
n All areas protected under earlier laws are automatically considered part of the new PA System.
n Section 5 provides for the procedure in the establishment and operationalization of the NIPAS and also identifies the initial components of the System.
n Section 6 gives the DENR Secretary the power to proposed additional areas to be included in the system.
n Section 7 provides that DENR Secretary has the discretion to withdraw or disestablish a certain PA.
n Section 8 identifies and establishes buffer zones adjacent to each PA in order to avoid or minimize harm on the same.
n Section 9 provides for a general management planning strategy to serve as a guide in formulating individual plans for each PA.
n Section 10 lays down the primary role of the DENR in enforcing the environmental plan with regards to the ecological balance in the protected areas.
n Section 11 provides for the creation of the PAMB for each PA which shall be composed of representatives from actual stake-holding groups on each PA.
n Section 12 requires proposals of activities outside the scope of management plan to be subject to an environmental impact assessment and for the same to secure an ECC before such undertaking is initiated.
n Section 14 only allows survey/exploration on selected categories of PA solely for the purpose of gathering information on energy resources and only if such activity is carried out with the least damage to surrounding areas. A law is required to be passed by Congress for the further exploitation and utilization of such energy resources found therein.
n Section 16 provides for an Integrated
Protected Areas Fund (IPAF) which shall be generated from various sources and from the operation of the system.
n NIPAS Act recognizes the jurisdiction of other agencies empowered to manage protected areas, such as LGUs, or local bodies created by indigenous peoples.
n Creation of local boards (Protected Areas
Management Board or PAMB) consisting of representatives from stakeholders to manage protected areas.
n Full recognition of ancestral lands and indigenous people’s customary rights in protected areas.
n A process for removing protected areas from the System if they do not meet NIPAS criteria, such as areas that have lost most or all their original vegetation.
n Establishment of tenurial instruments under which qualified members of communities who reside in the PAs can become stewards of land in the area’s multiple use zone.
comparative Legal Analysis of the NIPAS Law
n The DENR is the lead agency in the administration of the NIPAS and among others it is mandated to submit to the
Senate and House of Representatives a map and legal description of natural boundaries of each protected area, which shall constitute the official documentary representation of the entire system.
n Prohibited acts and penalties thereof are defined.
The salient points of the Convention on Biological Diversity
n Article 7 (a) mandates the identification of components of biological diversity important for its conservation and sustainable use having regard to the indicative list of categories set down by the Convention.
n Article 8 mandates the establishment of a system of protected areas for the conservation of biological diversity in accordance with the guidelines developed for the selection, establishment and management of the same.
n Article 8 also sets the measures for “Insitu” conservation which is basically aimed for the protection of ecosystems, natural habitats, populations of species and other biological resources found in PAs as well as its adjacent areas, and promotes the conservation of biological diversity and sustainable use of its components. Such measures shall be integrated in the development and implementation of plans or other management strategies. n Article 9 sets the measures for ex-situ
Conservation in complement with In-situ conservation.
n Article 10 provides for the sustainable use of components of Biological Diversity by adopting appropriate measures for its use, encouraging the use of cultural practices, supporting local populations to develop and implement remedial actions in degraded PA, and encourage cooperation between the government and private sectors in developing methods for sustainable use of biological diversity.
n Article 14 requires environmental impact assessment to any proposed projects that are likely to have significant adverse effects on biological diversity with a view of avoiding or minimizing such effects.
Assessment
The CBD, as an international treaty, identifies a common problem, sets overall goals and policies and general obligations, and organizes technical and financial cooperation. However, the responsibility for achieving its goals rests largely with the countries themselves. Governments need to provide the critical role of leadership, particularly by setting rules that guide the use of natural resources, and by protecting biodiversity where they have direct control over the land and water. Under the Convention, governments undertake to conserve and sustainably use biodiversity. They are required to develop national biodiversity strategies and action plans, and to integrate these into broader national
Salient points of the convention on Biological Diversity
comparative Legal Analysis of the NIPAS Law
plans for environment and development. This is particularly important for such sectors as forestry, agriculture, fisheries, energy, transportation and urban planning. Although the NIPAS Act was enacted and came into force earlier than the CBD, the NIPAS Act serves as the legal basis for the "In Situ" conservation strategy of biological diversity in the Philippines, in accordance with the undertaking of the Philippine Government under Article 8 of the CBD, in which the Philippine government is a signatory.
Considering that the NIPAS Act is one of the local or municipal laws enacted by the Philippine government in order to comply with its obligations as a contracting party of the CBD, there is no provision in the NIPAS Act which is inconsistent or in conflict with any provision of the CBD. The CBD contains broad and encompassing provisions regarding the establishment of a national system protecting and managing areas possessing significant ecological values. The NIPAS Act provisions put the CBD in effect in the Philippines.
