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Visayan Sea
Squadron Begins Patrols in Philippines
A team of volunteers known as the Visayan Sea Squadron
began a continuous tour in January 2004 of this threatened,
ecologically-rich body of water in the Philippines to
watch for violations of environmental laws and conduct
a broad-based information campaign to help protect the
region.
The
Visayan Sea is a relatively shallow body of water at
the heart of the Sulu Sulawesi Marine Triangle and contains
some of the richest biodiversity in the world. Running
from the Philippine Islands down to Borneo, Malaysia,
and across Indonesia, the triangle is so rich in fish
and coral life that one square kilometer of its coral
reef contains more species of coral than all the coral
of the Caribbean Sea. Its marine populations include
more than 12,000 species of fish - an abundance that
once seemed so limitless it was referred to as the "Alaska
of the Philippines" only 40 years ago.
But harmful, unsustainable human practices now threaten
the area's biodiversity, bringing it to the verge of
near total collapse. Blast and cyanide fishing methods
and general overfishing have depleted the Visayan Sea
by as much as 95 percent of its marine life and 99 percent
of its coral.
The Visayan Sea Squadron's mission is to conserve,
protect, and restore the Visayan Sea. Teams of volunteers
will assess the level of compliance and enforcement
of environmental laws within the country as well as
try to gauge existing facilities and identify opportunities
for intervention.
They will also provide information and education campaigns
to the region's youth with audio visual presentations,
create marine sanctuaries, conduct an underwater survey
of the coral, fish, and other marine life, and run a
series of hand-on legal empowerment workshops to local
law enforcement personnel, barangay (village) officials,
youth leaders and concerned citizens. One of their goals
is to organize a local enforcement network that can
be hooked up to regional, national and even international
networks.
The
Visayan Sea Squadron is a joint project of the Law of
Nature Foundation and the Sail and Dive Expedition Group.
It was organized by INECE EPC Member Antonio Oposa,
Jr., a Philippine lawyer and the chairperson of the
National Environmental Action Plan of the Integrated
Bar of the Philippines.
The project will run for three years, from 1 January
2004 to 31 December 2007, and use the Bantayan Island
Marine Sanctuary as its headquarters and base camp.
The volunteers comprising the Visayan Sea Squadron
represent an assortment of specialists and experts nearly
as diverse as the Visayan Sea itself. Divers, marine
enforcement personnel, legal experts, teachers, architects,
doctors, and others will continuously tour and monitor
the Visayan Sea, covering a total area of about one
million hectares.
The core group of volunteers includes: Capt. Rodolfo
Estampador, Commodore Gaudencio Pena, teachers Erlinda
Giducos and Winifredo Gulane, architects Ramon Tinga
and Joy M. Onozawa, doctors Alfonso Amores and Kristin
Trenas, and Messrs. Jessie and Jesan Batiancila, community
organizer Caesar Morandarte, police officers Robert
Pernito and Ruben Sano, Congressman Alfredo Maranon,
and Oposa.
As part of their marine life census, teams will prepare
a Field Monitoring Report that they will submit to local
and national authorities and publish on the internet.
In addition, the team will offer free technical assistance
to help establish marine sanctuaries, fish refuges and
breeding areas.
The monitoring project is designed to compliment the
Philippine legal system. With environmental and natural
resources law violations - seemingly victimless crimes
- there has been far too much neglect. Because no human
being is directly aggrieved, there is a lack of follow
up and significant cases are too often dismissed or
unfavorably settled.
The concept of a national monitoring team was devised
to remedy this situation and to make the legal process
more transparent. The monitoring team was created by
an official agreement, entered into on 8 October 2003,
between the Department of Environment and Natural Resources,
the Philippine Supreme Court and the Department of Justice.
Oposa was appointed as special counsel to the parties.
For more information, contact Antonio Oposa at oposa@axti.com.
Changing
the Face of Enforcement in the Philippines
Two recent environmental enforcement news stories: "Dynamite
Fisher Ordered To Serve As Fish Warden" and "Makers
of Blasting Caps Given 3-Month Reprieve From Arrest,"
demonstrate how the innovative efforts of Antonio Oposa,
Jr., an environmental lawyer and INECE EPC member, are
changing the way environmental laws are enforced in
the Philippines.
Both
stories report on environmental crimes committed in
the Visayan Sea, a relatively shallow body of water
in the Philippines that is one of the most ecologically
diverse - and threatened - areas in the world. Blast
fishing, cyanide fishing, and general overfishing have
severely depleted the area's fisheries and coral.
Normally, environmental enforcement stories involve
fines, imprisonments, and court-ordered cleanups. But
in this case, the Philippine court suspended a 5-year
prison sentence for a man convicted of using blasting
caps and instead ordered him to perform an extraordinary
kind of community service - he must now help enforce
the laws he violated. "We're not just putting people
in jail," said Oposa, whose environmental enforcement
patrol group caught the man in January 2003. "We're
sending a message."
The man was convicted of violating the Fisheries Code
of 1998 and the National Integrated Protected Areas
System Act. Blast fishing is illegal under the Fisheries
Code, and he was doing it in the Taflon Strait, a protected
area. He is the first person to be prosecuted for blast
fishing under either of these laws.
But why set him free? What kind of a message does it
send when the Philippine judicial system finally convicts
someone of blast fishing - a practice that has literally
ruined the environment there - and then orders him to
perform community service? Why not send him to jail
to make an example of him?
In his book The Laws of Nature and Other Stories,
Oposa describes his theory of environmental enforcement.
He writes that enforcing environmental laws will eliminate
negative behavior, such as blast fishing, but that means
nothing if it is not replaced with something positive.
Since the man became a fish warden, there have been
no reports of blasts in that area.
This same philosophy underscored a Philippine mayor's
decision to grant blasting cap manufacturers a 90-day
reprieve from arrest so that they can find an alternative
livelihood. The manufacturers and their families were
invited to city hall to hear a lecture on the illegality
and ill-effects of their business and informed that
they must find another job during the reprieve or they
will go to jail.
Oposa helped engineer the reprieve through his position
as the Chairperson of the National Environmental Action
Plan of the Integrated Bar of the Philippines. But his
commitment is not limited to the courts and city hall.
Oposa has also donated his family beach house to the
Bantayan Island Marine Sanctuary to serve as the operational
headquarters of the Marine Enforcement Center and Youth
Camp he started there.
The Center conducts monthly youth camps that teach
environmental responsibility, coral reef ecology, solid
waste management, astronomy, and environmental ethics
to individuals from the surrounding region. In its first
year, the Center trained approximately 180 youth leaders,
school teachers, and community organizers.
Oposa is currently overseeing the Visayan Sea Squadron,
a team of volunteers who seek to conserve, protect,
and restore the Visayan Sea. The squadron will operate
out of the Bantayan Island Marine Enforcement Center.
For more information, please contact Antonio Oposa
at oposa@axti.com.
IUCN
Inaugurates Academy of Environmental Law in China with
its First Colloquium on Energy Law for Sustainable Development
The
International Union for the Conservation of Nature and
Natural Resources (IUCN) launched a new scholarly network
of environmental law faculties and professors in November
2003 to strengthen independent scholarly and professional
research in environmental law.
IUCN inaugurated the IUCN Academy of Environmental
Law at Shanghai Jiao Tong University in China with its
1st Colloquium on Energy Law for Sustainable Development.
United Nations Secretary-General Kofi A. Annan presided
over the inaugural ceremony, which included more than
150 professors, representing 90 university law faculties
from 41 nations.
Secretary-General Annan welcomed the establishment
of a "new global network of university law departments"
dedicated to environmental law, which he described as
"the principles and rules that states have adopted
in order to protect precious ecosystems and resources
upon with all life and progress depend."
The Colloquium sought to examine the energy reforms
advocated at the World Summit on Sustainable Development
in Johannesburg, South Africa, in 2002 as part of the
Academy's effort to implement the recommendations made
at the 1992 "Earth Summit" in Rio de Janeiro.
Among the principal legal, environmental, economic,
and policy issues explored by the Colloquium speakers
were:
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the need to phase out current subsidies
provided to polluting fuels; legal systems to use
traditional fuels more efficiently and to expand
the use of renewable fuels; |
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Chinese accomplishments in integration
of environmental and social concerns in tandem with
its efforts to promote economic growth; |
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legal measures appropriate to regulate
against market abuses in privatized energy systems; |
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the need for greater research and
development in cleaner utilization of fossil fuels
and in development of new, clean energy sources,
such as hydrogen; |
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the role of sustainable energy as
a prerequisite in order to meet the United Nations
Millennium objectives of poverty reduction, together
with legal provisions to ensure public participation;
and |
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the opportunities for promoting energy
for sustainable development through local governments. |
IUCN invites interested university law faculties, individual
professors of environmental law, organizations and institutions
concerned with the progressive development of environmental
law and legal education, and donors to participate in
the IUCN Academy of Environmental Law.
The Academy's second Colloquium will be held at the
University of Nairobi, Kenya, 4-8 October 2004, on the
topic Environmental Law and Land Use. For more information,
please see http://www.iucn.org/themes/law/cel07a.html.
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