PACIFIC ISLANDS CASE STUDY

1. PACIFIC ISLANDS CASE STUDY Legal frameworks for ecosystem-based adaptation to climate change

2. publication • Legal frameworks for Ecosystem-Based Adaptation to Climate Change in the Pacific Islands • Boer, B. and Clarke, P. • March 2012 • www.sprep.org • Prepared for the Secretariat of the Pacific Regional Environment Program, with support from AusAID.

3. UNIQUE AND DIVERSE The Pacific islands are home to extraordinary natural and cultural diversity

4. VULNERABLE TO CHANGE Pacific island communities are highly vulnerable to the impacts of climate change

5. CONNECTIVITY AND RESILIENCE Natural ecosystems in the Pacific are characterised by high levels of connectivity.

6. ESSENTIAL services Healthy ecosystems provide essential services, like clean drinking water.

7. Naturally resilient Healthy ecosystems are more resilient to the impacts of climate change.

8. Reducing vulnerability Healthy ecosystems can reduce our vulnerability to the impacts of climate change.

9. ECOSYSTEM BASED ADAPTATION Ecosystem-based adaptation provides a cost-effective strategy for reducing vulnerability to climate change and increasing resilience, while maintaining ecosystem services and sustainable livelihoods in the face of climate change. By maintaining and restoring ‘natural infrastructure’ such as mangroves, coral reefs and watershed vegetation, ecosystem-based adaptation may reduce vulnerability to extreme weather events, storm surge, rising sea levels and changing precipitation patterns. Ecosystem-based adaptation and community-based natural resource management are mutually supportive. Strong traditions of local governance, communal resource tenure, and traditional and local ecological knowledge present fertile conditions for community-based adaptation in the Pacific Islands.

10. Community-based adaptation • Managing fishing pressure to maintain or improve coral reef resilience:Reducing fishing pressure on herbivorous fish species reduces the likelihood of algal growth following coral bleaching events, thus maintaining biodiversity and fisheries productivity (Obura and Grimsditch, 2009). • Protecting and restoring mangroves: By prohibiting mangrove clearing and replanting degraded mangrove areas, communities can reduce vulnerability to coastal erosion, cyclones and storm surges, while maintaining or improving populations of mangrove-dependent fish stocks (McLeod and Salm, 2006). • Protecting and restoring water catchment areas:By protecting water catchment areas and replanting vegetation, local communities can reduce the risk of water shortages, floods and landslides, and reduce sedimentation impacts on coastal and marine ecosystems (IISD, IUCN and SEI 2003).

11. Pacific island legal systems Legal pluralism presents challenges and opportunities for climate adaptation.

12. Law, Custom and natural resource Management In recent years, recognition of the central role of traditional governance systems in natural resource management has resulted in a strong shift towards community-based natural resource management initiatives in the region. This rapid expansion of CBNRM initiatives presents important questions regarding interaction, and potential conflict, between national laws and local governance systems in the Pacific. Legal recognition of traditional resource tenure and decision-making can enhance the effectiveness of community-based natural resource management. Conversely, failure to recognise traditional resource tenure and decision-making may lead to resource conflict and, when combined with limited government capacity, can result in poor resource management outcomes.

13. ENVIRONMENTAL LAW IN THE PACIFIC The existing body of national environmental law in the Pacific presents a number of opportunities for managing climate change impacts, but overall it is inadequate to the task. Implementation of environmental law and policy is a perennial challenge for the Pacific Island region, due to limited resources and governance issues. Despite the active involvement of Pacific Island governments in international climate change negotiations, there has been very limited consideration of climate change adaptation matters through national legislation in the region. We recommend a regional review of environmental, natural resource and planning legislation in the Pacific islands to provide a robust foundation for ecosystem-based adaptation.

14. [T]he need to enact environmental legislation must be carefully justified rather than assumed, and the precise components of that legislation must be tailored to the policy context and needs of Pacific island countries and not based on imported models from developed countries. … [M]ore attention needs to be given to the development of community-driven, strategic land use planning processes. Farrier, D. (2003).

15. Protected areas Enact nationally appropriate legal frameworks for community-based conservation.

16. Forest conservation Enact modern forestry legislation to maintain forest cover and condition.

17. Freshwater and catchments Introduce appropriate measures to protect water resources and manage conflict.

18. Coastal ecosystems Protect mangrove forests and coral reefs for shoreline protection and fisheries.

19. FISHERIES MANAGEMENT Review fisheries legislation to facilitate local management of coastal fisheries.

20. MARINE CONSERVATION Enact laws to support locally managed marine areas and large marine park networks.

21. Environmental assessment Improve legal processes to maintain resilience and anticipate climate impacts.

22. STRATEGIC PLANNING Empower local communities to adopt binding land use and adaptation plans.

23. Adaptive management Engage local communities in monitoring and adaptive management.

24. Internal displacement Develop national plans to protect human rights and sustain ecosystem services.

25. Financing mechanisms Facilitate payments for ecosystem services and access to international financing mechanisms.

26. In summary • Protection and restoration of natural ecosystems is a critical and cost effective strategy for reducing carbon emissions, protecting the diversity of life and reducing vulnerability to climate impacts. • Strong traditions of local governance, communal resource tenure, and traditional and local ecological knowledge present fertile conditions for community-based adaptation in the Pacific Islands. • Development of effective, locally appropriate legal frameworks for ecosystem-based adaptation in the Pacific islands presents unique challenges and exciting opportunities.

27. publication • Legal frameworks for Ecosystem-Based Adaptation to Climate Change in the Pacific Islands • Boer, B. and Clarke, P. • March 2012 • www.sprep.org • Prepared for the Secretariat of the Pacific Regional Environment Program, with support from AusAID.