Legal Environment of Maldives

A fully functional system of marine protected areas has been identified as important, but has not yet emerged. 202 Area-based legislation is crucial for the conservation of terrestrial areas and the marine environment. The Third National Environmental Action Plan 2009-2013 set the target of designating 20 representative islands by 2011, as well as management plans for national protected areas, atoll protected areas and private lands under conservation agreements. It is not clear whether this has been achieved. 203 It was also noted that wetlands require special attention in order to determine their importance, develop management plans and introduce legislation. 204 It appears that the development of a regulation on protected areas similar to the regulations on aquaculture and EIA is sufficiently justified. A limiting factor will be the inclusion of provisions that can protect areas under the PATH, the Fisheries Act and the Tourism Act. Recent announcements indicate that a new instrument for the conservation of protected areas, nature reserves and biodiversity has been adopted, updating classifications (international protected areas, wilderness areas, wilderness areas, national parks, natural monuments, habitat/species management areas and protected areas for sustainable use) and new regulations, including the establishment of a register of declared areas, and a fee to charge access fees. 205 Any new regulation adopted must be fully implemented and its effectiveness evaluated.

It appears that grassroots NGOs and non-profit organizations have had an impact on awareness-raising, training and information exchange, as well as on environmental protection activities on the ground. 206 Its role is likely to remain important vis-à-vis the central government. In the past, land-based activities such as coral and sand extraction for building materials, 40% of firewood harvesting that led to deforestation and the deterioration of limited freshwater resources have impacted the Maldives. 41 At the turn of the century, the main environmental problems were identified as freshwater depletion and the effects of climate change: rising sea levels, global warming and coral reef bleaching, although problems such as coral degradation remain of local concern. 42 In addition, waste management, with issues such as marine plastic pollution on land, is an important challenge that requires increased regulation and legislation, but is not the focus of this paper. Specific biodiversity conservation issues include land restoration of shallow reefs, protection of endangered species, and compliance and enforcement. 43 The United Nations Convention on the Law of the Sea (UNCLOS) 71 defines the agreed marine areas, including the EEZ of coastal States. The United Nations Convention on the Law of the Sea provides for rights of exploration and use, as well as obligations to protect and preserve the marine environment. Maldives is a party to the United Nations Convention on the Law of the Sea and made its submission in 2010 to the territorial boundaries of Maldives and the outer limits of its continental shelf.

72 Maldives Marine Areas Act (Act No. 7). 6/96) implements the zoning provisions of the United Nations Convention on the Law of the Sea. Maldives reportedly used the United Nations Convention on the Law of the Sea to abolish foreign fishing permits in the EEZ and establish national longline fishing. The United Nations Convention on the Law of the Sea is complemented by the United Nations Fish Stocks Agreement. 73 This instrument supplements UNCLOS with specific provisions relating to migratory and straddling stocks. This is relevant for the Maldives given the importance of tuna to the fisheries sector. The FSA takes into account the precautionary principle and takes into account the impact of fishing and other anthropogenic activities as well as environmental factors when setting total catches. It highlights the role of regional fisheries management organizations (RFMOs), one of which concerns the Maldives: the Indian Ocean Tuna Commission. 74 “Department of Environment Declares Three New Areas Protected” (Maldives Independent, 9. October 2018 ) .

Fishing has always been the main source of economic income. It is now the second largest economic activity, which has declined significantly in recent years. Previously, the Maldives exported 90% of its fish to Sri Lanka in dried form, but in the 1970s the country reduced its imports, which had a significant impact on the Maldivian economy. 26 Nevertheless, tuna remains the most important export, with an annual turnover of $160 million. 27 Tourism is now the Maldives` largest industry with 28% of GDP, surpassing fishing for the first time in 1989. 28 It was noted that the large tourism revenue base could have facilitated a higher level of development in the country, but lack of investment in socio-economic areas and poor governance have hampered long-term progress. 29 The extent of economic dependence on the marine environment is underscored by the 1998/99 coral bleaching, which cost the Maldives economy an estimated loss of $36 million in tourism and fisheries revenue. 30 The use of natural resources shifted from consuming to non-consuming in the 1970s, when visitors were attracted to the Maldives. Tourism has grown rapidly since then, from 1,062 visitors in 1972 to 120,000 in 1985 and 1.2 million in 2014. 50 Today, there are 111 landlocked resorts in the Maldives, as well as accommodations, hotels and guest houses on ships.

51 As already mentioned, tourism has been the main economic activity in the Maldives since 1989. This has led to a change in attitude towards the marine environment. More importantly, with regard to wildlife protection, Maldives has ratified the Convention on Biological Diversity59 and fulfilled its commitments by submitting its first Biodiversity Strategy 60 in 2001 and five national reports to date. 61 The latest national report highlights current challenges and efforts to improve environmental policy, including in the area of law and regulation. 62 The Maldives` current policy instrument is the National Biodiversity Strategy and Action Plan 2016-2025 (NBSAPs), which recognizes the need to conserve and sustainably use biodiversity and refers in particular to strengthening law and governance (see below). Maldives is not a party to the Nagoya Protocol on Access and Benefit-sharing. 63 Further research is needed to fully assess the effectiveness of existing legislation before making detailed recommendations for reform.