The Legal System Protecting the Tibetan Ecological System

　　Shoichi Kondo（Japan）

　　Foreword  

　　I served as Senior Vice-Minister of the Environment from September 2010 to September 2011 when the Democratic Party of Japan was in power. I was head of the Japanese delegation to the Tenth Meeting of the Conference of the Parties to the Convention on Biological Diversity held in Nagoya from October 18-29, 2010.

　　Japan adopted the Basic Act on Biodiversity in 2008, and has formulated national and regional strategies to protect biodiversity in accordance with this law. There is a requirement to produce an annual report on the implementation of the law which has made its due contribution to protecting biodiversity in Japan - promoting the correct use of biological resources, and enhancing the implementation of policies to prevent global warming.

　　Tibet is home to many rare and precious biological species, whose protection has attracted significant attention from the Chinese Government. However, there is a lack of the kind of legally-based protection system that we have in Japan. Please allow me to make a comparison. It should be noted that Japan and China have forged strong bonds of cooperation on issues relating to environment. The protection of the ibis bio-system will also be addressed.

　　The necessity to maintain the sustainable development of Tibet's bio-system

　　Tibet is one of the most important shields to protect China’s biological security. It lies on the Qinghai-Tibet Plateau and occupies the major part of the Plateau. Average altitude is above 4,000 meters, while 45 percent of Tibetan land lies at 5,000 meters above sea level or higher. Tibet is the source of many rivers. Due to its high altitude and low latitude, the Tibetan climate features thin air, extreme cold, and ever-changing weather. It is an initiator and an adjuster of climate change in China, Asia and even the Northern Hemisphere. The unique natural environment and special climate of the Plateau has resulted in a combination of cold alpine lakes, alpine wetland, arid alpine grassland and deserts, and tropical rainforest and monsoon forest at the highest altitude in the Northern Hemisphere. Tibet plays a strategically important role in influencing China’s overall geography, stabilizing its climate, and protecting water sources and biodiversity. Any bio-environment changes in Tibet not only endanger Tibet, but also other parts of China and Asia as a whole. Therefore, it is of vital importance to maintain Tibet's sustainable biological development.

　　Japan’s Law on Biodiversity Protection and its National Strategy

　　The formulation of law is essential to protect biological systems. Even though China does not have systematic laws, some of its regulations and rules have achieved desirable effects in the protection of biodiversity. Please allow me to provide a brief introduction to the measures through which Japan protects its biodiversity. 

　　Japan adopted the Basic Act on Biodiversity in 2008, designed to protect biodiversity and ensure the sustainable use of the biological system. As I mentioned earlier, the Act aims at formulating national and regional strategies to protect biodiversity. It requires an annual report on the implementation of the law which has made its due contribution to protecting biodiversity in Japan - promoting the correct use of biological resources, and enhancing the implementation of policies aiming at preventing global warming.

　　Japan adopted the Nature Conservation Law in 1972, which made it clear that the protection of untouched natural land is a legal obligation. Japan’s natural environment has received proper protection ever since.

　　In 1957, the Natural Parks Law was enacted, establishing regulations for the various national parks, and forming the basis of the current natural park system as well as serving as a code of conduct for visitors to these parks.

　　To protect its birds and animals and regulate its hunting market, the Law for the Conservation of Endangered Species of Wild Fauna and Flora, Japan’s first domestic law for the protection of endangered and threatened species, was enacted. The law allows for the designation of natural habitat conservation areas, sets limits on the capture and transport of endangered species, and establishes guidelines for the rehabilitation of endangered natural habitats. In addition to the abovementioned laws intended to protect biological balance, Japan has enacted several other laws to prevent any negative impact from non-indigenous organisms, for instance the Law Concerning the Conservation and Sustainable Use of Biological Diversity through Regulations on the Use of Living Modified Organisms enacted in 2003, and the 2004 Law on Non-indigenous Organisms.

　　To restore damaged coral reefs and wetlands and to facilitate the regeneration of the natural environment, Japan enacted a law in 2002 to promote environmental regeneration. Regional activities and conventions have been held and a comprehensive framework and protection schemes have been formulated to secure the regeneration of the natural environment.

　　The abovementioned laws are designed to protect biodiversity. The Japanese cabinet formulated a national biodiversity strategy based on the Basic Act on Biodiversity on September 28, 2012. The following are the five major components of the strategy:

　　(National Biodiversity Strategy of Japan 2012-2020, Roadmap towards the Establishment of an Enriching Society in Harmony with Nature)

　　1. Mainstreaming biodiversity in our daily life

　　2. Reviewing and rebuilding relationships between man and nature in local communities

　　3. Securing linkages between forests, the countryside, rivers and the sea

　　4. Strengthening the scientific foundation and utilizing it in policy making

　　In addition to these five guidelines, Japan takes concrete measures to protect biodiversity: popularization and practice, protection and management of wildlife; sustainable use; international cooperation; pursuing a scientific approach; measures to prevent global warming; general policy.

　　Japan-China cooperation on bio-environmental protection

　　A symbolic summit between the heads of Japan and China was cancelled after the ‘nationalization’ of the Diaoyu Islands （’Senkaku Islands’ called by Japan） by the Japanese government, posing daunting threat to Japan-China relations. But from my point of view, we should emphasize common interests between Japan and China.

　　In terms of environmental protection, the Japan-China Agreement on Cooperation in the Field of Environmental Protection was concluded in 1994. Today, in spite of political tensions between the two countries, cooperation on environmental protection continues, where the two countries hold intercity cooperation meetings, conduct joint research on coping with climate change and promoting a low-carbon environment, and promote cooperation in environmental education. Cooperation on protecting biodiversity continues; for instance, the two countries cooperate to protect the crested ibis and migratory birds.

　　Before the early years of the Meiji Period there were large numbers of crested ibis in Japan, but the population plummeted due to massive hunting. The species almost became extinct during the Showa Period. The last five crested ibis were caught in 1981. China sent a pair of the birds to Japan as a gift in 1999, and the birds have since multiplied, with their number now having reached more than 200. As a result of this increase, it was possible to release some birds to the wild in 2008. The last of Japan's own crested ibis died out in 2004. Currently, all surviving crested ibis in Japan are offspring of Chinese ibis. The birds would have died out if not for the Japan-China cooperation agreement.

　　Japan-China biodiversity cooperation has produced fruitful results. Biological conservation in Tibet is a matter that could affect the bio-environment of the whole of Asia. If China has any requirements on this issue, it is welcome to submit proposals to the Japanese government.

　　（Shoichi Kondo, Member of the House of Representatives in the Diet, Former Senior Vice-Minister of the Environment）