Bernama 21 Jan 10;
PETALING JAYA, Jan 21 (Bernama) -- WWF-Malaysia is to submit a memorandum to Prime Minister Datuk Seri Najib Tun Razak in April on the need to enact comprehensive federal laws for the conservation of turtles.
Its executive director, Datuk Dr Dionysius S.K. Sharma, said the enactment of federal legislation required an amendment to the Federal Constitution because, under the Federal Constitution, only the states had the authority to make laws on turtles.
"As we (Malaysia) are still one of the top countries in the world for the leatherback turtles to nest, it is time for the government to make the changes before the situation worsens and turtles become extinct in Malaysia," he told reporters after launching the "Egg=Life" Advocacy Campaign for Turtles here Thursday.
He said Peninsular Malaysia had been the nesting ground of green turtles, especially in Terengganu. However, their nesting population had declined by more than 80 per cent since the 1950s, primarily due to the collection of eggs for human consumption.
Thus, the development of comprehensive and holistic laws, coupled with strict enforcement and adequate resources to implement such laws, were directly and urgently needed, he said.
-- BERNAMA
Launch of WWF-Malaysia’s “Egg=Life” Advocacy Campaign
WWF 22 Jan 10;
Petaling Jaya, 21st January 2010 - Following the success of last year’s “Egg=Life” campaign, which garnered 100,000 signatures from the public in support of improving turtle conservation legislation, WWF-Malaysia today launched their advocacy campaign for turtles.
“We thank the public who have demonstrated their concern for turtles through the 100,000 signatures in support of the “Egg=Life” campaign. Following this encouraging start, WWF-Malaysia today launches the advocacy campaign. We call for the enactment of comprehensive Federal Legislation, which requires the Federal Constitution to be amended, for the conservation of turtles,” said WWF-Malaysia Executive Director/CEO Dato’ Dr Dionysius Sharma at the launch.
WWF-Malaysia’s “Egg=Life” campaign was initiated last April in view of the serious threats faced by marine turtles. The main threats include the continued consumption and trade of turtle eggs, habitat degradation and destruction as well as incidental capture in fishing gear and direct capture of turtles in foraging habitats in Malaysian waters. Apart from these current threats, turtles also face potential impacts from climate change. State laws which currently regulate turtles have simply not been able to mitigate these threats effectively.
The principle issue that WWF-Malaysia sought public support via the “Egg=Life” campaign was the enactment of comprehensive Federal Legislation for the conservation of turtles.
At the launch, WWF-Malaysia National Policy Coordinator Ms Preetha Sankar explained, “WWF-Malaysia’s hope is to see the development of Federal Laws which are in form, substance and foresight truly holistic and able to provide the best protection possible to marine turtles. However, the issue of Federal legislation is a little complex and there is a need to explain the current legal framework pertaining to turtles to put it in context. The Federal Constitution with specific reference to the 9th Schedule outlines various areas in which the power to make laws is vested in the Federal Government and the State Government. By what is known as the State List under Schedule 9 of the Federal Constitution, the power to make laws in relation to turtles rests with the State Government.”
“Following WWF-Malaysia’s assessment of various State Laws regulating turtles currently, and from our experience through on the ground projects, we find the laws inadequate and limited in scope. For example, State laws do not impose a total ban on the sale and consumption of eggs of all marine turtle species found in the State. State laws are also not uniform, and to make matters worse, not enforceable outside of that State. Additionally, the laws have poor and undeveloped provisions relating to the protection of turtle habitats and lack prescription for an overall management regime for these endangered species. In addition to the State laws regulating turtles, not all States have placed turtle protection and conservation as a priority.”
“Turtles are a national heritage and an endangered species. Their cultural and scientific status (as endangered and critically endangered) warrants Federal legislation to govern them before the situation gets worse and turtles become extinct in Malaysia. Federal law has the ability and force to be holistic, comprehensive, applicable and enforceable throughout Malaysia, unlike State laws, and is able to take into account future threats such as the impacts of climate change on this species and their habitats. Additionally, only the Federal government has the jurisdiction to implement Malaysia’s obligations under various international environmental treaties through Federal law.”
“WWF-Malaysia therefore strongly calls on the Federal government to urgently address the issue of turtle regulation at the Federal level. It is our opinion that in order to secure the best possible legislative and managerial control over turtles at the Federal level, the Federal Constitution, with particular reference to Schedule 9 must be amended. Such an amendment must effectively remove turtles as a subject matter under the State’s purview and place them under Federal purview.”
She concluded by saying that WWF-Malaysia hopes in the next few months to submit to the Prime Minister a Memorandum that details the current status and threats facing turtles, the current legal framework concerning turtles and a set of recommendations for actions to be initiated at the Federal level.
