Abstract:
Ginpol (Nypa fruticans), the world's only true mangrove palm and often described as a "living fossil",
is one of the most distinctive components of Sri Lanka's coastal mangrove ecosystems. Although
protected under the Fauna and Flora Protection Ordinance since 1993 and classified as a Vulnerable
species in Sri Lanka's National Red List, its largest remaining population in the Gin Oya estuarine
ecosystem continues to face increasing pressure from illegal land reclamation, coastal development,
habitat degradation, and weak enforcement of environmental laws. Despite the adoption of the National
Policy on the Conservation and Sustainable Utilization of Mangrove Ecosystems, concerns remain
regarding the effectiveness of Sri Lanka's legal and institutional framework. While previous studies
have examined the ecological and economic significance of Nypa fruticans, comparatively little legal
scholarship has explored its conservation through a comparative legal lens. This paper evaluates Sri
Lanka's legal framework governing Ginpol conservation through a comparative analysis with Malaysia,
where N. fruticans is widely distributed across several mangrove ecosystems, including Sarawak,
Sabah, Johor, Selangor, and Perak, and where conservation is supported by a more integrated
ecosystem-based governance framework. Employing a doctrinal and comparative legal research
methodology, the study critically analyses legislation, policies, and institutional frameworks in both
jurisdictions. The comparative analysis reveals that Sri Lanka primarily relies on species-based
statutory protection implemented through fragmented sectoral environmental legislation, whereas
Malaysia adopts a broader ecosystem-based approach that integrates habitat protection, sustainable
resource utilisation, and mangrove governance. Although Sri Lanka provides legal recognition and
statutory protection for Ginpol, conservation outcomes continue to be constrained by fragmented
institutional responsibilities and persistent implementation gaps. Drawing on insights from the
Malaysian experience, the paper argues that Sri Lanka should complement its existing species-based
legal protection with ecosystem-based governance that strengthens habitat-level conservation,
institutional coordination, and the long-term protection of the Gin Oya mangrove ecosystem.
