On 19 February 2021, the Seminar on Wetland Protection Law (Draft), led by the Research Department of CBCGDF was held in Beijing. The conference invited experts and scholars from the field of wetland ecology, environmental law and environmental justice, and front-line volunteers to participate in the in-depth discussion focused on the draft and the problems existing in wetland protection. The following are Yan Bo, director of CBCGDF Community Conservation Area (CCAfa) for Merganser at Changde, Hunan Province, Gu Xuan, director of Migratory Birds Fly Beijing Project and Zhou Jianjun, director of CBCGDF Hanjiang River Conservation Areas, for the problems existing in the current wetland protection and suggestions for the draft:

"Deficiencies and Difficulties of the Front-line Team in Wetland Conservation"

——Yan Bo, director of CBCGDF Community Conservation Area for Merganser at Changde

1. Changde Municipal Government needs to redouble its efforts to promote the importance of wetland through campus education.

2. The officials of some wetland park management offices in Changde City had an inclination of bureaucracy in their minds and were unwilling to discuss wetland protection with civil volunteers and local people, leading to their one-sidedness in wetland protection. However, it is not enough to rely only on a few banners and billboards.

3. In recent years, the number of wild animals, especially birds, has increased a lot in Changde due to the excellent wildlife conservation work, which has damaged farmers' interests. The melon farmers, fruit farmers, and aquatic product farmers have suffered huge losses but have not much compensation. Severe losses without financial compensation have made it difficult for them to survive, leading to antagonism towards protection.

4. Different enforcement efforts of various units have resulted in different efforts to combat ecological destruction.

5. The Changde Municipal Party Committee and Government are resolute in protecting wetlands and have made great efforts to publicize them to the world. However, when it comes to the local government, some departments try to smooth things over. Populus euramericana, known as a wetland water pump, had a vast destructive effect on the wetland. However, it has even been planted a lot in Yuanjiang River and Lishui River's wetlands, especially in towns alongside the Lishui River. Some departments replied to volunteers, saying that it was for dike protection, so populus euramericana planting set off another climax at Yuanjiang’s beachside.

"Clear the definition of wetlands and encourage social organizations to participate in wetland protection and supervision".

——Gu Xuan, director of Migratory Birds Fly Beijing Project

1. The legal definition of "so-called wetland" in Article 2 is ambiguous. It cannot play a role in legal protection and law enforcement in practice. Therefore, it is suggested to define it clearly and follow the definition of international standards for important wetlands, plus general wetland (coastal and inland wetlands with ecological functions).

2. It is suggested to change Article 29(3) which relates to " remedy for the construction of sluices and dams in the return passage” to "The construction unit shall make a good environmental impact assessment report before construction, fully solicit and listen to the opinions of experts from all sides in the form of forums, and decide whether to build after comprehensively considering the impact".

3. It is suggested to add Article 47, which reads: "The state encourages and supports citizens, relevant units and social organizations to participate in wetland protection and supervision. They may participate in this work through reporting, exposing and prosecuting."

"Suggestions for Wetland Protection Law of the People's Republic of China (Draft)"

——Zhou Jianjun, director of CBCGDF Han River Conservation Areas

I. Problems and difficulties in wetland protection:

1. There are too many wetland management departments, and the division of responsibilities is not clear enough;

2. There is no fixed source of funds for wetland protection and restoration

3. Institutions and professionals are inadequate for wetland protection and restoration;

4. There are no special laws for wetland protection and restoration.

II. Suggestions for the Wetland Protection Law of China (draft) :

1. Define the main body of wetland management and implement the main responsibility of wetland protection and restoration through the confirmation, registration and issuance of wetland rights;

2. Funds for wetland protection and restoration shall be included in the annual financial budgets of governments at all levels according to the highest level of wetland protection and shall be included in the inspection, supervision and assessment of important wetland protection by the State Council and the people's governments at higher levels;

3. It is suggested that criminal standards be set for illegal occupation of wetland areas in the legal responsibility part of wetland protection

Translator/ Syying

Original Chinese article

https://mp.weixin.qq.com/s/5f1s3CaPoPultBtf30OsoQ

Contribution

https://www.paypal.me/CBCGDFChina

http://www.cbcgdf.org/English/ConfirmDonaTion/0.html