Conceptualizing protected area policy for peninsular Malaysia: A case study of land-based protected area designation

In 1968, new land-based protected areas were identified for designation as wildlife reserves, national parks and natural monuments in Peninsular Malaysia. LBPAs policy became a national matter after the 1972 enactment of the federal Protection of Wildlife Act and federalization of the Department of Wildlife and National Parks. However, as a federation of 13 states, the Malaysian Constitution ensures that state governments have considerable autonomy over many issues, including land and forests. This has resulted in a tension between the federal and state governments in the designation and management of LBPAs over the present federal legal instruments. As a result, protected areas policy has stalled despite growing public support and international pressure for more designations. In fact, no new designations occurred under the federal laws from 1972 through 2002. The main aim of this study was to identify the reasons behind this policy failure by exploring the dynamic relationship between the federal and state governments in the designation of LBPAs in Peninsular Malaysia. The study was undertaken using a qualitative single-case study technique, the case being the LBPA designation policy phenomenon of Peninsular Malaysia bounded within a time frame between 1968 and 2003. The result of the study are presented in four chapters representing four major topics: the LBPA decision-making systems involved; the enabling and constraining factors associated with the designation process; the interpretation of the designation process using two theoretical frameworks; and recommendations to improve the LBPA designation policy. The study shows that the decision-making process became increasingly complex and fragmented as more federal and state agencies became involved in the designation of new LBPAs. Ten major enabling and eight major constraining factors were identified at the federal level that affected the designation of the new LBPAs. However, the enabling and constraining factors identified at the state level differed with those identified at the federal level and also differed among the three states. The study also revealed major differences among the states with respect to the ability to retain and exert legislative and executive powers. The differences in level of autonomy among the states resulted in wide variability in vertical tension between the federal and state governments In addition policy goal differences between the Department of Wildlife and National Parks and the Federal Forestry Department resulted in strong horizontal tension between the agencies and greatly constraining the designation of new LBPAs under the federal legislation. As a result, the designation of new LBPAs followed either the federal or state paths under the proposed Malaysian Protected Areas Designation Model. The interaction of the enabling and constraining factors had resulted in federal, state or co-managed LBPA models. In order to enhance the designation of the new LBPAs, this study recommends that federal LBPA policy be modified to account for differences in state autonomy by empowering the states with legislative power, executive power and incentives to designate new LBPAs using state or federal mechanisms.