SAMUDRA Report No. 62, July 2012

Item Type monograph

Publisher International Collective in Support of Fishworkers

Download date 01/10/2021 23:30:52

Link to Item http://hdl.handle.net/1834/27406 No. 62 | July 2012 issn 0973–1121

REPORT samudraTHE TRIANNUAL JOURNAL OF THE INTERNATIONAL COLLECTIVE IN SUPPORT OF FISHWORKERS

Customary Rights in South Africa Artisanal Fishworkers of Brazil US Waterfronts Sea Piracy in Nigeria Civil Society Guidelines on SSF SBSTTA 16th Session

Fisheries, Communities, Livelihoods ICSF is an international NGO working on issues that concern and action, as well as communications. SAMUDRA Report invites fi shworkers the world over. It is in status with the Economic and contributions and responses. Correspondence should be addressed Social Council of the UN and is on ILO’s Special List of to Chennai, India. Non-governmental International Organizations. It also has Liaison Status with FAO. The opinions and positions expressed in the articles are those of the authors concerned and do not necessarily represent the As a global network of community organizers, teachers, offi cial views of ICSF. technicians, researchers and scientists, ICSF’s activities encompass monitoring and research, exchange and training, campaigns All issues of SAMUDRA Report can be accessed at www.icsf.net

KNUD ANDEERSEN REPORT FRONT COVER THE TRIANNUAL JOURNAL OF THE INTERNATIONAL COLLECTIVE IN SUPPORT OF FISHWORKERS NO.62 | JULY 2012 samudraFAO

Traditional Vaudoo artwork from Haiti Photo: Alain Le Sann

PUBLISHED BY Chandrika Sharma for International Collective in Support of Fishworkers 27 College Road Chennai 600 006, India Phone: (91) 44–2827 5303 Fax: (91) 44–2825 4457 Email: [email protected]

ICSF BELGIUM OFFICE Sentier des Rossignols 2 1330 Rixensart, Belgium Phone: (32) 2–652 5201 Fax: (32) 2–654 0407 Email: [email protected]

EDITED BY KG Kumar DESIGNED BY SOUTH AFRICA CHILE P Sivasakthivel Living off the land ...... 4 Rebel with a cause ...... 29 PRINTED AT Nagaraj and Company Pvt. Ltd., On customary rights in the Dwesa-Cwebe MPA Interview with a fishermen leader Chennai

ILLUSTRATIONS BY BRAZIL MALAYSIA Sandesh (sandeshcartoonist@ Staking claims ...... 8 Caged in ...... 31 gmail.com) Artisanal fishworkers of Brazil mobilize On Malaysia's aquaculture industry FOR LIMITED CIRCULATION ONLY

SAMUDRA News Alerts UNITED STATES DOCUMENT SAMUDRA News Alerts is a free service designed Working waterfronts ...... 12 Towards synthesis ...... 35 to deliver news reports and analysis on fi sheries, aquaculture and related issues, on a daily or Innovations to maintaining working waterfronts Civil society on FAO's guidelines for SSF weekly digest basis, in plain text or HTML format. The service often features exclusive, original stories on small-scale and artisanal fi sheries, INTERVIEW REPORT particularly in the regions of the South, as well as issues that deal with women in fi sheries and Giving back to the sea ...... 16 Small-scale focus ...... 37 safety at sea. Apart from news and stories on fi sheries, the service also focuses on environmental On the challenges facing Costa Rica's fishers On the importance of small-scale fisheries and oceans issues. Please visit http://www. icsf.net to subscribe to SAMUDRA News Alerts. NIGERIA REPORT BACK COVER Together against pirates ...... 18 Fishing for rights ...... 43 Sea piracy and armed sea robbery in Nigeria Rio+20 proved significant for fishworkers

INDONESIA OBITUARY Beyond paper ...... 22 Matanhy Saldanha 1948 - 2012 ..... 47 On Indonesia's coastal management legislation A true crusader for the cause of fishworkers

REPORT Managing biodiversity ...... 26 COMMENT ...... 3 On the 16th session of CBD's SBSTTA ROUNDUP ...... 50 An Alaskan Yup'ik setnet fisherman from Quinhagak Photo : Deborah Mercy KIARA A fisher protestor outside the Constitutional Court of Indonesia Securing Rights

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n South Africa, on 22 May 2012—International post-apartheid constitution that treats statutory and COMMENT Day for Biological Diversity—three members of a customary law as equal, the Indonesian case is one of Itraditional fishing community who had been charged preventing dispossession of the rights of traditional with the intention to fish within the Dwesa-Cwebe communities and customary law communities based marine protected area (MPA) were found guilty by a on the 1945 constitution. magistrate (see article on page 4). The fishers had argued Both these cases raise questions about the extent that they have a customary right to fish in the MPA as it to which legislation on fisheries and coastal area comprised their ancestral lands. The magistrate noted management are in conformity with provisions that the protection provided by the South African protect customary rights and other social, economic Constitution to the freedom and rights to land and and cultural rights of local communities, including unrestricted practice of their customs by ordinary fishing communities, particularly in national constitutions citizens. However, as it was not within his powers as and international and national human-rights law. a magistrate to pass judgment on the constitutional These questions are extremely valid today. Across validity of the Marine Living Resources Act (MLRA), the world, fishing communities are being displaced under which the MPA was declared, he ruled the or are being threatened with displacement from their fishermen guilty, noting, ‘territories’ to make way for, however, that the constitutional among other things, tourism, validity of the MLRA was highly oil and gas exploration, large- debatable. scale infrastructure projects, The fishers will now and exclusionary forms of 3 challenge the MLRA in the conservation, in violation of High Court on the basis that their rights. as traditional fishers with a No wonder that actions customary system of law they by fishing communities in have a constitutionally protected defence of their territories customary right to access the is gaining ground in several marine resource in question. countries. Such actions may In Indonesia, on 16 June 2011 the Constitutional take the form of legal challenges, as in South Africa and Court annulled the Hak Pengusahaan Perairan Pesisir Indonesia. They may also take the form of proactive (HP3 or coastal water concessions) provision contained campaigns seeking specific legal recognition of the in the Management of Coastal Areas and Small Islands rights of fishing communities to their territories Act, 2007 (No. 27), based on a petition by a civil society (see article about Brazil on page 8). coalition, the Reject HP3 Coalition (see article on Even as fishing communities and their organizations page 22). The HP3 provision allowed for issuing embark on such actions, States and other relevant concessions for undertaking business such as bodies need to pay heed to the imperative to align aquaculture and mining in coastal areas up to 12 nautical policies and legislation on fisheries and related issues miles from the coastline, covering the sea surface and with constitutional provisions that protect the rights water column down to the sea bed, through issue of of fishing communities, and other relevant human- 20-year leases, renewable for a total period of 60 years. rights obligations. Where constitutions do not have The court declared the HP3 provision to be inconsistent adequate provisions to protect the rights of indigenous with the Constitution, given the constitutional and local, as well as fishing, communities to their requirement that the State’s control over land, waters territories, they should be amended. Policies and natural resources should be to promote “the and legislation that secure the rights of fishing greatest welfare and prosperity of the people”. The communities to their territories—also essential court was of the view that the HP3 provision would for enabling fishing communities to contribute to promote privatization and compromise the rights of social, economic, environmental and food security the people, including fishing and other traditional goals in the long term—need to be put in place. communities, to benefit from natural resources from It is to be hoped that the international guidelines generation to generation. for securing sustainable small-scale fisheries (see article In both cases, the courts upheld the claims of on page 35), currently being developed by the Food fishing communities. While the South African case and Agriculture Organization of the United Nations (FAO), is one of restitution of customary rights based on the will provide an impetus to such processes.

JULY 2012 South Africa Fishing Rights Living Off the Land

A case regarding the customary rights of fi shermen in the Dwesa-Cwebe Marine Protected Area of South Africa could be a landmark

avid Gongqose is a fisherman the material basis of their culture and from a remote coastal upon which they depended for food Dcommunity on the eastern security. seaboard of South Africa. On 22 Due to successive waves of September 2010, David and two other colonial—and, later, apartheid fishers from his community were —conservation planning, many arrested in the Dwesa-Cwebe Marine households have been forced to Protected Area (MPA) and charged vacate their ancestral homesteads and with attempting to fish in the MPA. relocate to surrounding lands. Under David and his companions argued that apartheid, this section of the country they had a customary right to fish in was declared a ‘bantustan’ (the term this reserve as it comprised their used to refer to the area reserved for ancestral lands. David’s father had residence for African persons during 4 taught him to fish according to the the apartheid regime) and, customary system that he himself subsequently, the community lived on communal land administered by traditional authority, but within the restrictive constraints of apartheid The seven communities comprising Dwesa-Cwebe have planning. historically depended on the coastline of the MPA and the In 1991, the Dwesa-Cwebe Marine adjacent coastal forest for their livelihoods... Reserve was established. Inter-tidal harvesting was prohibited but shore- based angling was permitted under strict regulations. In 1996, after had inherited from his father. David the election of the first democratic further noted that on the night government and the introduction in question, he had been fishing of land restitution legislation to in order to put food on the table provide redress to communities and to purchase mourning clothes who had suffered under apartheid, for his mother as his father the communities’ claim to the land had recently died and David was comprising the reserve was recognized now the sole provider for his family. and negotiations on how they would Harvesting of marine resources is his access their land and natural resources primary livelihood. commenced. The seven communities comprising Dwesa-Cwebe have historically Land claim depended on the coastline of the In 2001, they signed a land claim MPA and the adjacent coastal forest agreement. Government policy for their livelihoods, and have a required that the MPA remain under This article has been written by Jackie well-established customary system conservation status; however, access Sunde ([email protected]), a researcher based at the Environmental Evaluation of natural resource use. Over the to resources was a key principle Unit, University of Cape Town, South Africa. past century, these communities, underlying the Settlement Agreement. David Gongqose and the co-accused were comprising approximately 2,300 Despite the fact that negotiations represented by the Legal Resource Centre legal households, were systematically leading up to the signing of the team comprising advocate Jason Brickhill, deprived of access to both the coastal Settlement Agreement confirmed instructing attorney Wilmien Wicomb and Henk Smith and forest resources, which formed recognition of the communities’ right

SAMUDRA REPORT NO. 62 FISHING RIGHTS to sustainable use of resources and At the time that David was to participate in the co-management arrested, the Committee on World of natural resources in the reserve, Food Security had commenced an the marine reserve component was international consultative process in removed from the final Settlement order to develop Voluntary Guidelines Agreement. on the Responsible Governance Instead, Dwesa-Cwebe MPA was of Tenure of Land, Fisheries and promulgated as a complete ‘no-take’ Forests. In the context of National MPA in 2000, just six months prior to Food Security, in May 2012 at a Special the signing of the Settlement Session held in Rome, the Committee Agreement. This was authorized by on World Food Security adopted the Department of Environmental the Guidelines. These Guidelines Affairs and Tourism, the department are intended to contribute to global responsible for MPAs at the time, and national efforts towards the and also a party to the negotiations eradication of hunger and poverty, and signatory to the Settlement based on the principles of sustainable Agreement. There was no consultation development. They recognize the with the affected communities about centrality of secure tenure rights and the declaration of the MPA; however, equitable access to land, fisheries and the community understood that their forests in this regard. right to access marine resources Most significantly, the Tenure would continue to be negotiated. Guidelines recognize that in many To date, the fisheries and the countries, communities have pre- conservation authorities have neither existing systems of rights and recognized the communities’ claim entitlements that guide access to, and to their customary fishing rights use and management of both land 5 along this coastline nor taken steps to and marine resources. These local establish appropriate co-management systems of tenure might not be recorded arrangements. or formally recognized in statutory In a Statistics South Africa survey law but are nonetheless legitimate published the same year (2000), it tenure rights that require recognition. was noted that the district in which The Guidelines state that: David resides was the poorest district 9.5 Where indigenous peoples and in the country. There are very few other communities with customary alternative livelihood options, and tenure systems have legitimate tenure hence the seven local communities rights to the ancestral lands on which comprising the greater Dwesa-Cwebe they live, States should recognize community have continued to harvest JACKIE SUNDE both marine and forest resources, despite running the risk of prosecution. They cite both their customary system and their lack of alternatives as reasons for continuing to fish. Many fishermen and women inter-tidal harvesters have had to pay huge fines or face imprisonment when they cannot afford to pay the fines. Two persons have been killed by conservation rangers while harvesting resources in the reserve during the past year. The community has embarked on protest action in the past and have made repeated requests to the authorities to re-consider the no-take zonation of the MPA, and make provisions for sustainable use but, to date, the no-take status of the reserve David Gongqose with his legal representative, Jason Brickhill. David was arrested for attempting to fi sh in the Dwesa-Cwebe MPA, South Africa is maintained.

JULY 2012 SOUTH AFRICA

DERICK FAY

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David Gongqose and co-accused with members of their community and their legal team. The community hopes that their freedom to enjoy their basic human rights will be upheld

and protect these rights. Indigenous statutory regulations with little peoples and other communities or no recognition of communities’ with customary tenure systems should customary rights to coastal lands not be forcibly evicted from such and adjacent waters or their right to ancestral lands. practise their culture and traditional In addition, the Guidelines note livelihoods in these spaces. that: Although some governments have 9.6 States should consider argued that such statutory legislation adapting their policy, legal and in effect extinguishes any pre-existing organizational frameworks to customary rights, in this South recognize tenure systems of African matter the court heard indigenous peoples and other arguments that drew on precedents communities with customary tenure established in the Supreme Court systems. Where constitutional or of Canada in Ronald Edward legal reforms strengthen the rights Sparrow vs Her Majesty The Queen of women and place them in conflict (1990), which found that the fact that with custom, all parties should an aboriginal fishing right was co-operate to accommodate such controlled by regulation did not changes in the customary tenure mean that the right was thereby systems. extinguished. While many countries, such as those in the Pacific and elsewhere, Clear intention have long recognized both the According to the court, the burden existence and importance of customary of proving that the Sovereign systems of marine tenure, these intended to extinguish an existing Guidelines will have far-reaching right was on the Crown and implications for countries that that intention had to be “clear and to date have tended to develop plain", now commonly referred to as

SAMUDRA REPORT NO. 62 FISHING RIGHTS the “test of extinguishment”. The was required to find the provisions defence team also drew on of the Act in force and, therefore, to principles established in the find the fishermen guilty in terms highest court in Australia when, in of this act; however, he noted that Yanner vs Eaton (1999) the court the constitutional validity of the Act held that: in this regard was highly debatable. “It is sufficient to say that This matter will now be taken on regulating the way in which rights appeal to the High Court to confirm and interests may be exercised is not the fishermen’s claim to their inconsistent with their continued customary rights. For the first time existence. Indeed, regulating the way since 1994, the community of Dwesa- in which a right may be exercised Cwebe have hope that their freedom presupposes that the right exists. to enjoy their basic human rights will […] Regulating particular aspects of finally be realized. the usufructuary relationship with traditional land does not sever the connection of the aboriginal peoples concerned with the land [...]. That ...the South African fi shermen acknowledged the need is, saying to a group of aboriginal for their use of marine resources to be sustainable and to peoples, "You may not hunt or fish accommodate the rights of future generations. without a permit", does not sever their connection with the land concerned and does not deny the continued exercise of the rights and interests that aboriginal law and custom recognizes them as possessing.” 7 In their defence, the South African fishermen acknowledged the need for their use of marine resources to be sustainable and to accommodate the rights of future generations. They also did not deny the need for their use of the resource to be regulated or for the reserve to be an MPA; however, they argued that they have a customary system that can form the basis of any future management arrangements and that their local knowledge of the resource should be included in any such arrangements. For more The Magistrate in this case expressed strong criticism of the www.fao.org/nr/tenure/voluntary- conservation authorities for their guidelines/en/ failure to recognize the livelihood Voluntary Guidelines on the needs of this community. He drew Responsible Governance of Tenure extensively on the South African of Land, Fisheries and Forests in the Constitution, noting “the court Context of National Food Security cannot ignore that the purpose of this legislation was to protect and enforce www.lrc.org.za/press-releases/1944- the constitutional freedom and rights 2012-05-22-press-release-transkei- to land and unrestricted practice of fi shermen-to-challenge-guilty-verdict-in- their customs by ordinary citizens of high-court- which the inhabitants of the Dwesa- Transkei fi shermen to challenge Cwebe area, are certainly part”. guilty verdict in High Court As it was not within his powers as a Magistrate to pass judgement on the constitutional validity of the Marine Living Resources Act, the Magistrate

JULY 2012 Brazil FISHERS' RIGHTS Staking Claims

Artisanal fi shworkers of Brazil are mobilizing in defence of their territories through a campaign for a new bill of rights

n recent years, artisanal fishworkers institution of collective rights for and their communities in Brazil are indigenous people and quilombolas Ibeing forced out of their traditional (isolated communities constituted territories or are being subject to mainly of black slaves who have increasing pressure to leave their escaped from their masters during territories, multiplying the risks to their the slavery period (XVII – XIX)), and economic and cultural survival. The has provisions to guarantee the cause is a new wave of development, demarcation and possession of their in the form of public and private territories. Moreover, the Constitution investments and construction of large- guarantees cultural rights and the scale infrastructure projects, which protection of Brazilian cultural advance by occupying spaces whose heritage in its tangible and intangible populations and traditional uses are expressions, taking into account the 8 considered obstacles to 'progress' and identities of different social groups the 'public interest'. that have formed Brazilian society, including their various modes of creating and sustaining livelihoods, while also defining the obligation of ...the Constitution guarantees cultural rights and the the government to protect it. Further, there is a constitutional injunction protection of Brazilian cultural heritage... that obligates that urban and rural properties be used to fulfill a social function, implying the possibility of expropriation and redistribution of In the face of this, the National land in the interests of equity and Movement of Artisanal Fishermen and larger social compulsions. Fisherwomen has taken the initiative On the other hand, the National to draw up a bill for the recognition System of Conservation Units (NSCU), of their collective right to stay and use created in 2000, includes two types their territories. In early June 2012, of protected areas that provide for the Movement launched a national the permanence of traditional campaign to collect signatures to force communities—'extractive reserves' and the entry of the bill in Parliament. 'sustainable development reserves'. The recognition of the territorial These categories originate from the rights of traditional communities in struggle of traditional extractive Brazil is based on a diverse set of legal populations in the Amazon region, texts. The main ones are: the 1988 but after the institutionalization of Constitution; the law which created NSCU, they have become an important the National System of Conservation strategy in the pursuit of securing the Units (protected areas) (2000); and the territorial rights of communities all This article has been written by Naína Decree which established the National across the country. Pierri ([email protected]), Member, Policy for Sustainable Development of ICSF, Brazil, Natália Tavares de Azevedo ([email protected]), PhD in Traditional Peoples and Communities Traditional rights Environment and Development and Beatriz (2007). However, the creation of these Mesquita ([email protected]), The Brazilian Constitution of reserves does not automatically Member, ICSF, Brazil 1988 has introduced advances in the establish rights for all traditional

SAMUDRA REPORT NO. 62 FISHERS' RIGHTS communities. They are determined campaign, which has already began on a case-by-case basis, in a process throughout the country. where environmental conservation The presentation of bills by popular criteria often render subordinate the initiative is a right established in the recognition of collective rights to Brazilian Constitution. It is necessary territory. Thus, these protected areas to collect the signatures of one per are limited in their ability to ensure the cent of the electorate. Currently, this traditional peoples' rights to remain represents 1,385,000 signatures. Once in their territories and enjoy their backed by the number of required resources. signatures, the bill will be forwarded To close this gap, the National to the Chamber of Deputies, where it Policy for Sustainable Development of will be filed and subject to the same Traditional Peoples and Communities process as other legislation projects. was formulated in 2007, which Often, however, controversial projects addresses the needs of those culturally take years before they come up for diverse groups that recognize final voting, after which they must themselves as such, and have their still pass through the senate and gain own forms of social organization, presidential approval. who occupy and use lands and natural The bill prepared by the resources as a condition for their Brazilian fishworkers provides “...the cultural, social, religious, ancestral recognition of the right to the territory and economic reproduction, and of traditional fishing communities, who use knowledge, innovations and which is considered material and practices generated and transmitted immaterial cultural patrimony, subject by tradition. This national policy aims of safeguarding and promotion...” to recognize, empower and guarantee as well as establishes “the procedure 9 the territorial, social, environmental, for its identification, delimitation, economic and cultural rights of these demarcation and titling”, ensuring communities, as well as their access traditional fishing communities to the natural resources on which they "exclusive access to the natural depend for their sustenance. However, resources" on which they depend. the government has not yet adopted The bill defines 'traditional the necessary laws and regulations for fishing territories' as "areas of land the effective implementation of the and water used by the traditional national policy. fishing communities for their housing, Thus, despite this broad legal productive activities, and for the framework, artisanal fishing conservation, shelter and reproduction communities in Brazil have great of the species and other resources difficulty in gaining legal recognition necessary for ensuring their livelihoods, for their territories—mainly due to as well as physical, social, economic conflicts of interest that hinder the and cultural reproduction, including creation of extractive reserves and WWW.PELOTERRITORIOPESQUEIRO.BLOGSPOT.COM sustainable development reserves/ protected areas, and by the effective implementation of the National Policy for Sustainable Development of Traditional Peoples and Communities. It is in this context that the artisanal fishworkers took the initiative to draft a bill that recognizes the rights to the territories of traditional fishing communities and that delineates the procedures for their delimitation and granting of title deeds. For this project to be considered by the parliament, it is necessary to obtain the support of a significant The National Movement of Artisanal Fishermen and Fisherwomen has drawn up a bill for the recognition of their collective right to remain in, and use, their territories number of voters, through a signature

JULY 2012 BRAZIL

WWW.PELOTERRITORIOPESQUEIRO.BLOGSPOT.COM

10

Fishworkers, representatives of social movements and offi cials of public bodies at the launch of the signature campaign for a new bill

spaces which are symbolic, religious, sediment bordering areas of the cosmological or historical sites". mangrove ecosystem), riparian In addition, the bill establishes forests and coastal lagoons; ensure the duty of government to formulate free access to communities; and a national policy for sustainable promote fisheries management development of traditional fishing in watershed and coastal regions, with communities and incorporate it the wider participation of fishworkers, into plans, programmes, projects keeping in mind their traditional and actions, with targets, resources knowledge. and responsibilities assigned to the Thus, the bill defines its main agencies involved in implementation. goal as the sustainable development It is proposed that this policy should of traditional fishing communities address the following areas: income through the recognition of territorial generation with environmental rights as being fundamental. sustainability; quality of life; gender, The launch of the campaign to racial and generational equity; collect signatures to support the bill strengthening and empowering of drafted by the fishworkers occurred communities, and their participation between 4 and 6 June 2012 in Brasilia, and social control. in the Exhibition Hall of the City Among the explicit objectives Park, with the participation of 2,000 of the bill, the following ought to fishermen and fisherwomen, who be highlighted: to ensure the full arrived from different regions of the exercise of individual and collective country and camped there. rights pertaining to traditional communities, especially in situations Public ceremony of conflict or threat to their integrity; The official launch was held on the ensure the full protection of morning of 5 June, at a public ceremony mangroves, apicuns (sandy presided over by a board composed of

SAMUDRA REPORT NO. 62 FISHERS' RIGHTS fishworkers, representatives of other For another, it also overcomes the social movements and supporting limitations of the usual, short-term, organizations, as well as officials of more reactive actions, by outlining public bodies, including the Minister a long-term programme for the next of Fisheries and Aquaculture. three years, which can be supported by That same day, in the afternoon, other organizations and sectors. a public hearing was held that was Finally, the campaign constitutes attended by representatives of the the most significant mobilization Federal Public Ministry, the Ministry effort promoted by fishworkers in of Environment and the Heritage Brazil in the past 20 years, and it Department of the Union. The expresses the political maturity of the public hearing exposed how fishing National Movement of Fishermen and communities are being expelled from, Fisherwomen, which is an autonomous or pressured to leave, their territories. organization that maintains a critical The climax of the event was the March in Defense of Artisanal Fisheries in Brazil, which occurred on 6 June, between the City Park and the The public hearing exposed how fi shing communities National Congress. are being expelled from, or pressured to leave, their As a culmination of the march, 50 territories. people representing fishermen and fisherwomen met parliamentarians and delivered the bill, announcing that they would return with the signatures distance from government and its required for the project, which could policies. then be received, discussed and Regardless of the final outcome 11 eventually approved by the parliament. in terms of approval of the bill, the Although the signature collection ongoing campaign of the artisanal allows the bill to be presented in the fishworkers of Brazil is very parliament, no deadline has been important because it reinforces the fixed for its discussion, nor is there any ability of fishermen and fisherwomen guarantee of approval. to fight and struggle, gives them However, the fact that the bill is greater visibility as economic and promoted by social movements and political agents, and offers a replicable supported by a significant part of the example for other traditional electorate ought to work in favour of its communities and fishermen whose effective discussion and eventual territories are also threatened. approval, which would then make it a fundamental law in defence of fishing For more communities. www.peloterritoriopesqueiro.blogspot. The importance of the signature com campaign, however, transcends the Campanha Nacional Pela legal sphere; its true significance Regularizacao de Territorio became apparent from the very first das Comunidades Tradicionais day, when fishworkers rallied around Pesqueiras the bill and mobilized resources to make known nationwide their www.icsf.net/en/samudra-news-alert/ situation and their legitimate claims, articledetail/48533-National-campai. and garner support from the general html?language=EN public. National campaign to secure The mobilization around the bill traditional fi shing territories seems capable of accumulating the launched in Brazil forces needed for success, for various reasons. For one, this is a national campaign that unifies struggles, which are usually fragmented and dispersed among various local fishing communities.

JULY 2012 United States FISHING COMMUNITIES

Working Waterfronts

Efforts are on in parts of the US to forge innovations to maintain working waterfronts, and safeguard fi shing livelihoods and communities

o matter the waters one calls Maine, described hope as “essential to home, every contemporary counter despair and apathy” among Ntelling of the fate and future the 3,000 fishermen PERC has been of small-scale fisheries culminates serving since its inception in 2003. in a tangle of ever-shifting pressures Hope, coupled with strategic initiatives and enduring sanguinity. Such was and the necessary skills and tools, is the underlying sentiment at a recent ultimately what underpins and ignites event sponsored by the Alaska Marine the political community-level action Conservation Council (AMCC) in essential to ensuring that the 50 fishing Kodiak, Alaska, United States (US). communities of eastern Maine survive Our primary purpose for organizing into the future. the forum, “Innovations to Maintain The challenges fishing communities 12 Working Waterfronts in the Nation’s face on this front are well-documented. Fishing Communities”, was to Here I would like to shift the focus ever bring together fishing-community so slightly away from the problems we face today, and draw attention to the work, opportunities and experiences of a few organizations at the forefront of ...the threats facing small-scale fi sheries, and the creating innovative ways to maintain communities depending on them, are formidable... our working waterfronts. Following the collapse of groundfish stocks roughly two decades ago, eastern Maine is now a lobster- dominated fishery. Last year’s lobster representatives from across the US to catch totaled 104 mn pounds. The exchange ideas and insights on the long-term average is 20 mn pounds. challenges encountered, strategies “We are,” explains Robin, “sustained envisioned and successes achieved in by a bubble of lobster abundance right stimulating viable community-based now that will not last. Our problems fishing opportunities and safeguarding are masked by that abundance.” the long-term health and vitality of fishing livelihoods and communities. Regaining access From resource abundance to access Working to regain access lost due to rights to profitability, the threats depletion of the groundfish fishery facing small-scale fisheries, and the is one of the ways in which PERC is communities depending on them, responding to a problem not yet fully are formidable, myriad and bound realized. PERC’s New Entrants Project up in complex political and power is an initiative designed to get permits structures. The cumulative effects of back to the fishermen in eastern Maine these pressures are in part what makes who lost their groundfish permits as a hope such a critical resource in our result of poor catch history following fishing communities. the collapse. In other words, when the This article is by Rachel Donkersloot Invited panel member, Robin Alden, rights were given out, the fish stocks ([email protected]), Fisheries Executive Director of Penobscot East had been depleted for so long they did Programme Director, Alaska Marine Conservation Council, Anchorage, Alaska, US Resource Centre (PERC) in Stonington, not have any rights.

SAMUDRA REPORT NO. 62 FISHING COMMUNITIES

“We have 3,000 fishermen and no the fiscal sponsor of a US$250,000 active permits,” Robin stresses. “We urban waterfronts grant from the State have fewer than 20 permits in total. So of California). we started a permit bank, not just to SFCFA now has its own fishermen- buy quota for existing fishermen, but to owned facility and is currently working make sure that we buy permits before on phase one of a plan to have a they disappear.” wholesale facility on Pier 45. “We have PERC’s aim is to purchase cheap just finished our first year with a profit,” groundfish permits that do not have says Barbara. “We have 11 members any rights on them, and to figure out and I think there will be more. We have legally how to covenant them to ensure a hoist, forklifts and freezers to hold they stay in communities. As part of our own bait. Even if we had not had this effort, PERC works on business profits to distribute to our members planning with younger fishermen to in our first year, our members have a help them figure out how to afford to greater sense of independence.” buy a cheap permit and hold on to it for Vision and innovation in fisheries a time until the fish come back. “And are enveloped in long-term, often slow- the chief problem for us”, says Robin, moving, processes. SFCFA continues to “is hope. People don’t even think it’s work towards opening a retail store on worth trying to do this. Why would they the wharf. In the meantime, Barbara do that when they’re making money identifies key factors contributing to lobstering now…? So we’re trying to SFCFA’s successes to date. For one, counter that and say, ‘If we’re going to she notes, the support SFCFA received have a community, then this is what from the community and Ecotrust has we’ve got to do.’” been crucial. On the other side of the nation, “Equally crucial was my husband’s 13 roughly 30 small owner-operator ability to sell his vision for the future,” boats call the urban waterfront of San she adds. “An additional item is Francisco’s iconic Fisherman’s Wharf the paperwork—absolutely crucial. home. Among them is Barbara Emley, Number one was the business plan. General Manager of the San Francisco Without a business plan, nobody takes Community Fishing Association you seriously. Number two was the (SFCFA), who has been salmon trolling legal service. Our lawyers guided us alongside her husband, Larry, since the through the process of incorporating, 1980s. and helped us figure out what kind of Established in 2010, the SFCFA was business entity we needed to be and the first community fishing association helped us craft our by-laws.” (CFA) on the west coast. Barbara BARBARA EMLEY explains: “We formed our CFA so that we could speak with a stronger voice at the Pacific Fishery Management Council as they considered establishing catch shares in the west coast groundfish fishery.” Unable to thwart the onset of catch shares, SFCFA members then directed their efforts towards becoming vertically integrated like other processors in the area. Their initial efforts proved successful when they secured the promise of a location in the centre of Fisherman’s Wharf to build a retail establishment. Aided by Ecotrust and leaders in the Fisherman’s Wharf community, SFCFA was able to secure pro bono legal services and a grant to develop a business plan and architectural SFCFA members loading pots in front of the waterfront facility on the fi sherman's wharf. SFCFA hopes to open a retail store on the wharf soon drawings (Ecotrust also agreed to be

JULY 2012 UNITED STATES

HOLLAND DOTTS catch-share systems. Pacific cod is the one fishery that is harvested by all gear groups—trawl, pots, longline and jig— and has recently undergone significant management changes to limit access. In 2009, federal fishery managers reduced the number of licences, with the most loss of opportunity in the sub-50-foot vessel class. The annual total allowable catch (TAC) was divided among each of these gear groups, forming a sector-based catch-share programme. These steps created new barriers to entry because they raised the value of licences and, therefore, cost to future participants. Darius explains: “We opposed the sector split starting out because we maintained that those fisheries that were most ecologically responsible and employed the most amount of people should be allowed to compete with the other gear groups, but we were not successful in averting sector splits.” Instead, their success, which 14 Darius describes as “contributing to our local fishing community, economy and morale” is this: through years of consistent representation, Kodiak jig fishermen, in partnership with AMCC, were able to secure regulatory measures that led to the creation of the jig sector as the entry-level opportunity within two large catch- share programmes for Pacific cod and rockfish. Federal fishery managers created sector quotas for the jig fleet of up to six per cent of the cod TAC and 2.5 Fresh-caught cod on the deck of a jig boat in Kodiak, Alaska. Kodiak jig fi shermen per cent of the pelagic rockfish TAC. collaborated with the AMCC to ensure entry-level access, and enhance benefi ts to the sector The initial allocation of federal quota to the jig fleet figured at one per Darius Kasprzak is an active small- cent, but with a step-up provision to boat fisherman who grew up on the increase by one per cent a year up to south end of Kodiak Island on a remote six per cent. site. For the past six years, Darius has This quota allows for gradual represented the Kodiak jig fleet as growth far beyond the current catch president of the Alaska Jig Association history of the jig fleet but the fleet (AJA). During these years, Kodiak must prove the full quota is needed; jig fishermen collaborated with the fishermen must gradually increase Alaska Marine Conservation Council harvests up to the sector allocation (AMCC) to ensure entry-level access, or quota will be returned to the other and enhance economic, social, and sectors. environmental benefits of the jig-gear sector. New programme The Gulf of Alaska groundfish “This is the first year of the new fisheries are steadily becoming programme”, Darius points out, “and managed through various kinds of we didn’t have any problem with the

SAMUDRA REPORT NO. 62 FISHING COMMUNITIES first year’s portion of [the quota]; involvement and ingenuity are key presumably, we’ll keep stepping up.” ingredients in shaping a positive future On a closing note, Darius stressed, for our fishing communities. The hopes “My hope for the future is this: as we harbour for the future should not fisheries throughout the world become be conflated with an underestimation regulated, allocated, chopped up of the serious obstacles we have to and privatized, there should always overcome to ensure a viable future for be a practical set-aside allocation small-scale fisheries. Rather, hope is that accommodates the needs of a the impetus for action. traditional fishery operating by environmentally sustainable practices and that employs large numbers of local community members. The Alaska Jig Association sincerely hopes that the example of a low-impact, set-aside, step-up fishery afforded to our fleet by the North The Gulf of Alaska groundfi sh fi sheries are steadily Pacific Fishery Management Council becoming managed through various kinds of catch-share will be recognized and talked about by systems. fisheries managers across the world.” Although AJA’s successes thus far have been on the political front in efforts to maintain access to resources, AJA is actually structured as a marketing association. As political work on jig access in the Gulf of Alaska begins 15 to ebb (albeit momentarily), AJA, in partnership with AMCC, is working to further enhance value and create community-based opportunities within Kodiak’s jig fisheries. AMCC recently received one of 18 competitive grants from the National Fish and Wildlife Foundation’s Fisheries Innovation Fund. With these funds, AMCC will work with local jig fishermen to transform the fishery into a high-value enterprise by working with the fleet on best careful handling practices, value addition, direct marketing and appreciation in the market for strong conservation performance and social benefits of buying from small-boat, community- based fishermen. Across the nation, local fishermen For more and fishing communities face many common challenges. We can confront www.akmarine.org/ them more effectively by working Alaska Marine Conservation Council together. The organizations featured www.communityfi sheries.org here—PERC, SFCFA and AMCC—are Community Fisheries Network members of the recently established Community Fisheries Network (CFN). kodiakjiggers.blogspot.in What I hope for is that this quick Alaska Jig Association account of the good work currently underway in a few of our fishing communities will serve as an important example that local leadership,

JULY 2012 Interview VICTOR ROCHA

Giving Back to the Sea

Victor Rocha, President of the Golfo Dulce Fishermen Federation (FENOPEA) in Costa Rica talks of the challenges facing the region's fi shers

On the challenges facing FENOPEA: Our coastal societies have existed For the small-scale fishermen from for generations, but because of weak the South Pacific coast of the Central organizations and wrong agreements American country of Costa Rica, the with the government and local challenge of promoting a fishermen's agencies, our communities have been organization in this part of the disappearing. Our present effort is country has to do necessarily aimed at maintaining our culture and with ensuring the economic valuing our way of living. We need to stability and sustainability rescue our way of life, which is akin to of the fishermen and their families. that of a peasant, only that we rely on We also need to keep in mind the sea. We believe that a small group responsible fishing. We don't want of small-scale fishers with the will to 16 to fish out and finish the marine achieve the objective of responsible resources; we need to take care of the fishing can rescue our culture and way resources. of life.

On the diffi culties in organizing the small-scale fi shing sector: To tell a fi sherman that he has to keep away from The hardest part about organizing the sea is to kill his spirit. small-scale fishers is to get them to believe in their value as fishermen and also to get them to realize that other sectors can value their work too. We need to realize that others depend on This is the challenge before our our work, and we must ensure that federation, which is working with other sectors do not harm us, as some different small-scale fisher associations have done in the past. In this way, the in the Golfo Dulce region, with a small-scale fishermen will not only common vision of responsible fishing value themselves but also the products that it hopes to spread to others. that they bring from the sea.

On marine conservation: On the future vision of FENOPEA: What is wrong is how the resource is I think that we are bringing to life a being exploited right now, even by creature that, in time, will motivate the the small-scale fishers. In our case, we fishermen at the national level. Since were using environmentally damaging FENOPEA is an organization that was fishing gears. But having realized the born to fight for the rights of small- harm, we have made a collective effort scale fishermen and to bridge the needs through a small group of fishermen of these fishermen, it not only manages who have embraced the objective their social and economic affairs but This interview was conducted with the of conservation and promotion of also looks after the fishermen's families. support of CoopeSoliDar R.L, and its responsible fishing. Our motto is: To tell a fisherman that he has to keep associates, Daniela Barguil (dbarguil@ “Fishing to conserve and conserving to away from the sea is to kill his spirit. coopesolidar.org) and Vivienne Solís fish; just as the sea gives to me, I give FENOPEA is an institution that will fight ([email protected]), who helped in transcription and translation back to the sea”. for the inalienable rights of fishermen.

SAMUDRA REPORT NO. 62 VICTOR ROCHA

COOPESOLIDAR R.L

17

Researchers discussing the outcome of a study with a fi shing community in Costa Rica, which is working to sustain livelihoods and promote conservation of resources

On adaptation to climate change: The best we can do is not to use damaging fishing gears that will affect our resources in an irreversible manner. We also need to obtain training in climate-change adaptation so that we can all work together towards the common aim of sustaining our livelihoods and promoting conservation.

For more

www.coopesolidar.org/ CoopeSoliDar. R.L. www.marviva.net/index.php/es/por-una- pesca-artesanal-responsable-en-el-golfo- dulce Marviva: Responsible Artisanal Fishing in Golfo Dulce

JULY 2012 Nigeria PIRACY

Together against Pirates

Sea piracy and armed sea robbery are major constraints to capture fi sheries in the waters of Nigeria

igeria lies between latitudes and social well-being of the nation 4o16'–13o52' N and longitudes as well as to the maintenance of the N2o 96'–14o 37' E. It is bordered livelihoods of fishermen and future by the Republic of Benin to the west, generations. Niger to the north, Cameroon to the The fisheries within the Nigerian east and the Atlantic Ocean to the territorial waters and its EEZ can be south. It has a coastline of 853 km. In broadly classified as follows : 1978, Nigeria declared its 200-nautical- (a) brackishwater or estuarine miles exclusive economic zone (EEZ), small-scale artisanal canoe fishery in which covers an area of 210,900 lagoons, creeks and estuaries; sq km over which it has sovereign (b) coastal artisanal canoe fishery rights for the purpose of exploiting, within the five-nautical-mile non- 18 conserving and managing its fisheries trawling zone, mainly with gillnets, resources. Nigeria is also endowed which targets pelagic species as well as sharks and sail fishes in deeper waters; and (c) industrial coastal inshore fishery, made up mainly of trawlers Nigeria, with a population currently estimated at 140 mn, targeting demersal fish and is Africa's largest consumer of fish and fishery products. shrimps usually up to 50 m depth. Deep-water fisheries resources with high economic potential, including tuna and driftfish (Arioma) species, withi h a llarge number b of f bbrackishwater ki h have remained largely unexploited bodies, including estuaries, creeks and by the local fleet. lagoons. The population of fishermen in Fishing has been a major source Nigeria has been estimated at about of very rich animal protein/nutrients, 1.2 mn; there are about 6 mn employed direct and indirect employment and in the sector, including processors, wealth creation as well as immense marketers and other ancillary workers. economic benefits to Nigeria. Fish forms a key ingredient in global Landing sites menus, and Nigeria, with a population Many coastal towns, villages, currently estimated at 140 mn, is the communities or settlements adjacent largest consumer of fish and fishery to the Atlantic Ocean provide natural products in Africa. Shrimps have now landing beaches/sites (on the become an important and valuable waterfronts), scattered along the entire export commodity in Nigeria, where coastline, which are used by small- oil and gas, with the current daily scale artisanal fishermen, who have production of 2.4 mn barrels, contribute consistently contributed between 81.4 about 90 per cent of the foreign- and 89.6 per cent of the 0.6 mn tonnes This article is by B B Solarin (bolusolarin@ currency earnings of the country. of annual fish production. yahoo.com) and O A Ayinla of the Nigerian Therefore, it is very important to The Nigerian Trawler Owners Institute for Oceanography and Marine ensure the sustainable contribution of Association (NITOA), an umbrella Research (NIOMR), Victoria Island, Lagos, Nigeria fisheries to the nutritional, economic organization of all the fishing

SAMUDRA REPORT NO. 62 PIRACY

Table 1: Pirate attacks on trawlers in Nigerian coastal waters and their outcome

Year 2003 2004 2005 2006 2007 2008 2009 2010 No. of vessels 10 11 38 91 107 95 105 115 No. of deaths 0002691315 recorded

Source: FDF & NITOA (Pers. Comm.) companies, operated 153 Nigerian- This trend has continued unabated to flagged registered vessels in 2011 date. (down from 221 vessels in 2001), and The adverse effects of pirate attacks contributed between 4.3 and nine per on the fishing operators include the cent of the local fish production. following: However, fishing operations by • maiming and loss of lives and small-scale artisanal and industrial materials; fishermen, as well as research • payment of huge compensation to activities in the coastal waters, are being the families of the deceased crew by hampered by incessant armed robbery the fishing companies; or pirate attacks in the coastal waters • rendering fishing grounds unsafe of Nigeria, leading to the maiming of and inaccessible, resulting in low captains, fishermen and crew as well catches; as loss of lives and equipment. Pirates • loss of the outboard engines have forcefully deprived small-scale of artisanal fishermen, and artisanal fishermen of their outboard irreplaceable damage to the assets 19 engines, often inflicting bodily harm. on board trawlers; and In recent years, piracy has been • negative psychological impacts on a major threat to fishing trawlers. fishermen and technical crew and However, of late, the ferocity and sailors. frequency of pirate attacks have grown The fishing industry has high capital out of proportion and beyond the outlay on vessels, nets, trawl gear, realms of reason. Fishing grounds accessories, jetties, cold storage and from Calabar to Lekki are no longer processing facilities, workshops and safe or accessible to fishing vessels, slipways worth more than 150 bn both during the day and at night. naira (approx. US$1 mn). It also has an The NITOA president once asked in effective market distribution network desperation: “How productive can you B B SOLARIN be if you always have to look over your shoulder?” According to the Sunday Punch of 27 February 2011, a Maritime Watchdog Group confirmed the 853 km coastline of Nigeria as the most dangerous in the world because of the sporadic increase in the number of pirate attacks. Reports obtained from Federal Department of Fisheries (FDF) and NITOA indicate that pirate attacks on fishing vessels increased from 10 in 2003 to 115 in 2010 (see Table 1). The frequency of deaths from the attacks increased tremendously from two in 2006 to 15 in 2009. There were about 50 pirate attacks on fishing vessels in January 2011. Of those, 20 occurred in one week during Fishing operations of small-scale and industrial fi shermen in Nigeria are being hampered by pirate attacks which 10 crew members were killed.

JULY 2012 NIGERIA

B B SOLARIN

20

Fishing provides direct and indirect employment to over six million people in Nigeria, including fi shermen who are affected by pirate attacks

and provides direct and indirect Nigerian Institute for Oceanography employment to over six million, and Marine Research (NIOMR). All including fishermen, crew, net makers, these prospects, including commercial processors, marketers and others. The exploitation of tuna and other industry earns large amounts of foreign pelagic resources in the Nigerian EEZ exchange, mainly through shrimp (dominated by skipjack tuna, which exports worth US$50-60 mn annually is estimated to have an annual (see Table 2). The industry, however, potential yield of 10,000 tonnes) are is now on the verge of total collapse as likely to be jeopardized by continuing crew members no longer wish to sail. sea piracy. The operators continue to incur In a nutshell, there is a tremendous huge financial losses as a result of these cost in terms of economic value from pirate attacks. disruption of fishing activities and loss Competent hands are now moving of lives as well as from the hampering to the oil industry where they are of the collection of invaluable research better assured of safety. In addition, data and information required for it has become very risky for scientists sustainable fisheries development. to conduct research like resource surveys in the inshore coastal waters Stakeholders or board fishing vessels as observers. The problem of sea piracy should be Placement of students for at-sea, on- solved through multi-dimensional and board experience, skills acquisition concerted efforts from all stakeholders, and capacity building for the fishing including the Nigerian navy, air force, industry has also been put in abeyance. army, marine police, NIOMR, FDF, The situation is more worrisome NITOA, the Nigerian Maritime because of the multi-purpose fisheries Administration and Safety Agency and oceanographic research vessel (NIMASA), customs and immigration that has been approved by the federal services as well as the artisanal government for acquisition by the fishermen themselves.

SAMUDRA REPORT NO. 62 PIRACY

Table 2: Quantity and value the Africa Partnership Station (APS), of shrimp/prawn exported involving a joint exercise (code named between 2000-2011 ‘Obangame’, which is a Cameroonian Quantity word meaning ‘togetherness’) on the Year Value (US$) (Tonnes) fundamentals of policing and fighting 2000 6,303.25 39,495,886.22 sea piracy in the Gulf of Guinea, by the US Navy, in collaboration with 2001 6,694.21 48,820,467.00 Nigeria, Ghana, Cameroon, Sao-Tome 2002 7,372.54 54,053,120.00 and Principe and observers from the 2003 6,900.00 48,215,030.00 Caribbean, is most welcome. 2004 7,316.16 52,706,370.00 In addition, joint operations of NIMASA and the Nigerian navy are 2005 7,179.27 53,379,750.00 being revamped through the 2006 7,736.22 46,804,100.00 acquisition of platforms and 2007 5,136.67 38,311,320.00 associated electronic surveillance 2008 4,694.17 38,207,610.10 systems through federal government- approved public-private partnership 2009 4,321.42 38,167,336.24 (PPP) arrangements. Under the 2010 4,082.95 37,800,022.38 auspices of NIMASA, a draft sea piracy 2011 4,390.52 47,843,932.60 bill is being prepared with inputs from

Source: FDF, 2007 and 2011. (Pers. Comm.) all stakeholders. It is hoped that all these efforts At mid-sea, large volumes of shrimp and recommendations will bring bycatch are bought off the trawlers by about a drastic reduction or canoe fishermen. Proceeds from such elimination of armed sea robbery/ transactions, worth millions of naira, piracy in the West Africa sub-region. 21 which are kept on board the trawlers, have been figured to attract the pirates. It is recommended that sales of bycatch at sea should be prohibited. Vessel monitoring system (VMS) or other cost-effective communication technology that is compatible with existing technology within the sub- region, should be adopted after due consultations. Harmonization of the fisheries laws and regulations in the sub-region is long overdue and For more should be undertaken on a priority basis to bring about a uniform regime www.gaf.mil.gh/index.php?option=com_ of application and enforcement. content&view=article&id=147:g Alternative employment generation hana-nigeria-navies-to-combat- for the youth should be explored. sea-piracy-in-the-sub-regional- The construction of the proposed waters&catid=13:headlines&Itemid=34 east–west coastal road, spanning all Ghana, Nigeria Navies to Combat the eight coastal States, is long overdue Sea Piracy in the Sub-regional and should be completed fast in order Waters to open up the area and permit access nimasa.gov.ng/ from the hinterland to prevent the Nigerian Maritime Administration unhindered movement of pirates in and Safety Agency and out of the coastal waters. Vigilante groups should be www.niomr.org/ encouraged to be formed in coastal Nigerian Institute for Oceanography communities. and Marine Research Recently, the Nigerian navy imported NNS Thunder from the US to boost its fleet capability. The March 2012 workshop organized by

JULY 2012 Indonesia LEGISLATION

Beyond Paper

The annulment of inequitable provisions in an Indonesian coastal area management act spells victory for fi shers

t its plenary session on 26 Development Bank (ADB) and the June 2007, Indonesia's House World Bank. Aof Representatives (DPR) Though there was a prolonged passed the Management of Coastal process involving discussions with Areas and Small Islands (PWP-PPK) different experts, it is unfortunate Act, 2007 (No. 27). It was meant to that the final legislation passed make a breakthrough in resolving the did not have an integrated coastal conflicts that resulted from sectoral management approach. The regulations in coastal areas and legislation, as adopted in 2007, did small islands. Another aim was to not correct the inequality of ensure that the State protects the control of coastal and small island interests of families of fishers and resources, nor did it address 22 indigenous peoples. It was assumed the growing complexity of overlapping that this legislation would lead to pieces of legislation governing the areas (as there are over 20 laws governing coastal areas and small islands). Instead, the legislation puts ...the 2007 legislation puts more emphasis on the more emphasis on the investment investment aspect and is pro-business in approach, not aspect and is pro-business in approach, not leaving much space for leaving much space for communities... communities, especially traditional fisherfolk and indigenous peoples, to participate and propose management plans. maximum development of coastal The legislation (as adopted in areas and small islands. 2007) had provisions whereby It is essential to note that the concessions could be granted to process for drafting the legislation coastal waters. The PWP-PPK Act took a long time, and involved a legally promoted the granting of number of stakeholders, and it concessions (HP-3) to the private was more than seven years before sector, including from other countries, the process was complete. The for aquaculture, tourism and mining in process, initiated in 2000, involved coastal waters and small islands. academics, legal practitioners, non- governmental organizations (NGOs), Concessions as well as a number of foreign experts, More specifically, the concessions especially from the University of can be granted for the sea surface, Rhode Island, United States (US), and the water columns down to besides public policy activists from the seabed valid for a cumulative the US. There was also foreign period of 60 years. Moreover, the funding involved, either directly or concessions can be transferred, indirectly, in the form of funds from routed and used as collateral for bank organizations such as the United States loans. This kind of commercialization This article is by M. Riza Damanik Agency for International Development and privatization model has been ([email protected]), General Secretary of KIARA (USAID), and banks such as the Asian applied earlier for the management

SAMUDRA REPORT NO. 62 LEGISLATION of forests and mineral resources over and beach reclamation. All these the last four decades, and have proved developments potentially increase the a failure, resulting in increased pressure of poverty on the families of poverty and ecological disasters in fishers. Indonesia. Based on these considerations, The access to coastal and small- a civil society grouping, called the island resources are then open to be “Reject HP-3 Coalition”, filed a petition controlled by investors with financial with the Constitutional Court on 13 muscle since only such investors can January 2010 for the judicial review of meet all the requirements stipulated the articles related to HP-3 in Act No. in the law to obtain the HP-3 certificate, 27 of 2007. The coalition, consisting of namely, administrative, technical nine civil society organizations and operational qualifications. Often, (CSOs) and 27 leaders of fisherfolk coastal communities do not have the organizations, was also supported by capacity (financial, technical, access various experts from the academic to information and technology) to community, as well as three compete with the investors and local representatives from among artisanal government, thus leaving no space for fisherfolk and indigenous peoples. the coastal communities, especially the While the practice of privatization fisherfolk. The social, economic and of the management and exploitation cultural activities of fisherfolk, and of natural resources in Indonesia is coastal cultivators will be drastically shifting from land to marine areas, affected by such investments, leading the Constitutional Court of Indonesia to further exacerbation of their annulled, on 16 June 2011, the poverty. provisions of the HP-3 concessions as In essence, HP-3 legalizes the stipulated in the PWP-PPK Act of 2007. 23 revocation of the rights of families On paper, the policy of privatizing of fishers, indigenous and coastal the living spaces of traditional fishers communities to access resources in and indigenous peoples in coastal coastal and marine areas, and small waters and small islands has been islands. revoked. The degradation of the ecosystems The review procedure of the of the islands, the allotment of Constitutional Court focused on two marine areas, and the eviction major questions: of fishers from their traditional 1. Does the granting of the spaces are continuing. The People's HP-3 concession regulation Coalition for Fisheries Justice (KIARA) contravene the principle of notes that during the span of four KIARA years, no less then 42 ecologically important areas along the coast and in small islands have been 'excavated' by the mining industry for the extraction of coal, oil and gas. Furthermore, over 20 islands, including in Nusa Tenggara Barat, Kalimantan Timur, Kalimantan Selatan, North Maluku, South Sulawesi, Papua and Nusa Tengara Timur (NTT), have been earmarked by foreign parties for the industry; around 50,000 ha of aquaculture area have been handed over as concession for foreign exploitation, and are being 'adopted' by oil, gas and mining companies. Around one million ha of coastal area have been converted to facilitate The Reject HP-3 Coalition in front of the Constitutional Court of Indonesia, campaigning for the rights of communities to access resources the expansion of palm oil plantations

JULY 2012 INDONESIA

KIARA existing rights, be it individual rights or collective rights of traditional groups, communal rights and other constitutionally granted rights of the people, such as the rights of passage for access and right to a healthy and clean (aquatic) environment. Third, the HP-3 concession regulation will result in a loss of the rights of traditional communities that have been handed down over generations. These traditional community rights have a specific characteristic, that is, they cannot be revoked as long as the traditional The Constitutional Court of Indonesia in session to community still exists. discuss the annulment of HP-3 concessions Fourth, HP-3 will lead to an exclusion of traditional communities State power/ownership over as HP-3 concession holders, due to their natural resources for the greatest lack of working capital, technology welfare of its people; is it in and knowledge. However, the State— conflict with the constitutional in this case, the government—has the guarantee regarding the right to duty to promote the general welfare life and livelihood for the coastal and social justice of all its people (UUD community (socioeconomic 1945, Intro. And Para. 34/2). 24 rights), and with the principle Fifth, the purpose of Act 27 of 2007 of non-discrimination and the is the legalization of concessions in principle of legal certainty and coastal areas and small islands, that justice? is, to establish private ownership and 2. Is the design/development of the closed ownership for individuals, legal Strategic Plan for Coastal Regions entities or certain communities, so and Small Islands (RSWP-3-K), that a major part of the coastal areas Zonal Plan for CR & SI (RPWP-3-K), and small islands can be managed by Management Plan for CR & SI the above mentioned entities through (RPWP-3-K) and the Action concessions as regulated by HP-3. Plan for CR & SI (RAPWP-3-K) Thus, the aim is to promote the not in contravention with the privatization of management and constitutional rights of the exploitation of the coastal waters petitioners (Reject HP-3 Coalition) and small islands by private companies since no representative of the and businessmen. people participated in the Last, the design/development of consultation procedures? the Strategic, Zonal, Management and The Constitutional Court discourse Action Plans, which only includes resulted in several interesting regional governments and the business elaborations. community, constitutes unequal First, the sentence “to be used for treatment, and neglects the rights of the greatest welfare of the people”, as individuals for personal advancement mentioned in the Constitution (UUD and the collective development of the 1945, Article 33/3), implies that the community, the people and the State. greatest welfare of the people is the main criterion for the government to Small-island resources determine the policies, regulations Based on the abovementioned and management regarding land and elaborations, the means to privatize water resources and the natural and commercialize the coastal areas richness that is part of them. and small-island resources are Second, the State power over land proven to be in contravention of the and water resources and their natural provisions of the Constitution. The richness has to consider the already relevant paragraphs of the HP-3

SAMUDRA REPORT NO. 62 LEGISLATION concession regulation does not have for example, a Local Regulation No. 5 any legal sanctity. of 2008 on the Management of Coastal In examining the ruling document, Areas and Small Islands clearly holds which is 169 pages long, at least three commercial provisions regarding breakthroughs by the Constitutional coastal water concessions. Court can be discerned, which In line with the annulment of strengthen the essence of the struggle HP-3 by the Constitutional Court, the of fisher communities and indigenous State has the duty to reinstate the peoples. constitutional rights of the fisherfolk, First, in assessing how far HP-3 including the guarantee not to pollute benefits the greatest welfare of the the sea (read living environment and people, the Constitutional Court used livelihood of the fishers). For the the following benchmarks: (i) the fisher families who have been ‘driven benefit of natural resources for the out’ from their marine environment, people; (ii) the level of distribution of the annulment of HP-3 is a conscious the benefits of natural resources for effort to strengthen their living as the people; (iii), the level of public participation in determining the benefits of natural resources, and; (iv) the respect for people’s rights ...the means to privatize and commercialize the coastal in utilizing natural resources from areas and small-island resources are proven to be in generation to generation. Thus, the Constitutional Court, in contravention of the provisions of the Constitution. its ruling on HP-3, has provided and defined a constitutional instrument to measure the operational meaning 25 of "for the greatest welfare of the traditional fisherfolk and also to seize people" regarding the often-debated their rights in a constitutional way. management of natural resources. At the same time, the dignity of the Second, the Constitutional State must be upheld by preventing Court contributed to the awareness its apparatus from exercising and articulation of the existence misguided policies that are of constitutional rights, which also contradictory to the Constitution. apply for traditional fisherfolk, Furthermore, the decision of the among which are the rights of House of Representatives to insert a passage (access); the right to manage bill on the protection of fishers into resources in accordance with cultural the National Legislation Programme principles and traditional wisdom (Prolegnas) for the period 2009 to handed down over generations; 2014 should be followed up by and the right to exploit resources, ensuring the involvement and including the right to a healthy and participation of organizations of For more clean aquatic environment. All these fishers and indigenous peoples in its rights of the traditional fisherfolk are formulation process. www.kiara.or.id/ inherent individually and collectively, If this can be achieved, the Koalisi Rakyat Untuk Keadilan and cannot be exchanged (read constitutional victory of fishers, Perikanan sold). In areas where the fishers are indigenous peoples and their families not dominant, it depends on their will not remain on paper. www.un.org/Depts/los/nippon/ customary rights, not on the number unnff_programme_home/fellows_pages/ of people. fellows_papers/nurhidayah_0910_ There is no need to wait. indonesia_PPT.pdf Technically, the government and Towards Integrated Coastal parliament need to revise all rules, Zone Management in Indonesia: both national and regional, that Framework Assessment and still foster the spirit of privatization Comparative Analysis reflected in HP-3, and 'clean' the coastal, marine and small-island areas of various forms of impoverishing commercialization. In North Sumatra,

JULY 2012 Report SBSTTA

Managing Biodiversity

On the 16th session of the Subsidiary Body on Scientifi c, Technical and Technological Advice (SBSTTA) to the Convention on Biological Diversity (CBD)

he 16th session of the Subsidiary (COP 11) to be held during 8-19 October Body on Scientific, Technical and 2012 in Hyderabad, India. TTechnological Advice (SBSTTA) Ecologically or biologically to the Convention on Biological significant marine areas: Agenda Diversity (CBD) was held from 30 April item 6.1 on EBSAs saw a lot of to 5 May 2012 in Montreal, Canada. discussion, with some delegates More than 400 representatives from pointing to the ambiguity of whether governments, intergovernmental and the reference is to EBSAs in areas non-governmental organizations, within or beyond national jurisdiction. indigenous and local communities, The Canadian delegation stressed business and academia attended the that the three regional workshops meeting. organized by the CBD secretariat, in 26 SBSTTA 16 adopted 15 collaboration with other regional recommendations, including a organizations, were meant only for package on marine and coastal ‘describing’ EBSAs, not for ‘identifying’ EBSAs. This position was supported by other delegates. The SBSTTA recommendation, therefore, stresses SBSTTA 16 also adopted recommendations on that the identification of EBSAs biodiversity and climate change... and the selection of conservation and management measures is a matter for States and competent intergovernmental organizations, in accordance with international biodiversity. The marine and coastal law, including the United Nations biodiversity recommendation covered Convention on the Law of the Sea. three agenda items—ecologically Iceland, Norway, the United States, and biologically significant areas Argentina and the United Kingdom (EBSAs); sustainable fisheries and questioned EBSAs that had been adverse impacts of human activities described, as they were in overlapping on the marine environment; and jurisdictions. The suggestion to declare marine spatial planning and EBSAs as marine protected areas voluntary guidelines for the (MPAs) was challenged by a number of consideration of biodiversity in countries, including Canada, Mexico, environmental assessments in marine Argentina, China and India. areas. SBSTTA 16 also adopted Scientifi c validity recommendations on biodiversity Delegates also questioned the and climate change, an in-depth scientific validity of the information review of the programme of work collected, pointing to other regional on island biodiversity, incentive processes that have also gathered measures, and new and emerging relevant information. There is need issues. These recommendations have to review the present data in light of This report has been written by Ramya been forwarded to the 11th meeting other available information, it was Rajagopalan (ramya.rajagopalan@gmail. com), Consultant, ICSF of the Conference of the Parties stressed.

SAMUDRA REPORT NO. 62 SBSTTA

Representatives from countries indigenous and local communities, in Africa pointed out that as no with the approval and involvement regional workshop on EBSAs had been of the holder of such knowledge, organized in their region, it was for the description of areas that difficult for them to comment on the meet the criteria for EBSAs. Canada, recommendations to COP. supported by Peru, suggested that The lack of participation of this be strongly recommended to indigenous and local communities in COP. The recommendation, based on regional workshops was discussed. suggestions from Canada, further SBSTTA recommended that notes that socially and culturally indigenous and local communities significant areas may require enhanced should be invited to participate in conservation and management future workshops on the issue. measures, and the criteria for Social and cultural criteria: identification of such areas should A study, undertaken within the be developed with appropriate context of Article 8(j) of CBD, scientific and technical rationale. identifying specific elements for In its statement, the International integrating the traditional, scientific, Collective in Support of Fishworkers technical and technological (ICSF), recalling also decisions from knowledge of indigenous and local COP 9 (IX/20) and COP 10 (X/29), communities and social and cultural asked Parties to take concrete criteria for the identification of steps to integrate the traditional EBSAs and the establishment scientific, technical, and technological and management of MPAs, was knowledge of indigenous and local discussed. The study focuses on the communities, at all stages of the social conditions that determine process of identifying and describing 27 the long-term biological viability of EBSAs, including through the full and conservation initiatives. It highlights effective participation of indigenous the importance of taking into account and local communities at all regional humans and their needs, including workshops organized for the purpose. the needs of future generations, ICSF pointed out that as this has while designing schemes for not happened so far, the process of conservation and management of describing EBSAs undertaken to date marine resources, including the must be considered preliminary. identification and management of With reference to the training EBSAs and MPAs. manual and modules on EBSAs The study notes that traditional prepared by the CBD secretariat, knowledge could be important not IISD/EARTH NEGOTIATIONS BULLETIN only for identifying areas that meet EBSA criteria, but also for identifying traditional marine management systems and strategies that have great significance in how biodiversity is managed in the world’s oceans. These traditional systems have concepts of stewardship and intergenerational responsibility for sustainable use of marine resources, and employ multiple tools and approaches that lead to sustainable, and adaptive management practices. The draft recommendation to SBSTTA acknowledges the report and asks countries to use these criteria for the description and identification of EBSAs. During discussions on the issue, delegates called for including Braulio Ferreira de Souza Dias, CBD Executive Secretary; Senka Barudanovic, the traditional knowledge of SBSTTA 16 Chair; and David Cooper of the CBD Secretariat at the plenary session

JULY 2012 REPORT

SBSTTA requested the Executive countries. The entire guidelines Secretary “to further refine the were, therefore, placed within square training manual and modules, as brackets in the final recommendations necessary, including through further to COP. The CBD secretariat was consultation with Parties and the requested to circulate the guidelines development of training materials on and provide more time for Parties to the use of traditional knowledge”. study and comment on them. Adverse impacts of human activities: ICSF, in its statement, highlighted Agenda item 6.2 was on addressing the that EIA processes for waters within adverse impacts of human activities national jurisdiction must integrate on marine and coastal biodiversity, additional aspects. For example, including coral bleaching, ocean given that tenure rights of indigenous acidification, fisheries and underwater peoples and small-scale fishing noise. With reference to the workshop communities in coastal and marine on sustainable fisheries organized areas within national jurisdiction are in Norway in December 2011, it was often not well recognized, it is essential noted that the background study and that the EIA guidelines specifically the discussions focused more on areas require their identification. beyond national jurisdiction. ICSF, therefore, called on Parties Japan highlighted the fact that to seek the additional elaboration of regional fisheries management bodies the guidelines for coastal and marine play a leading role in conservation areas within national jurisdiction, with and management of fisheries in areas the full and effective participation beyond national jurisdiction. The of indigenous peoples and local SBSTTA recommendation encourages communities in the process, and 28 constructive collaboration between drawing on their traditional knowledge biodiversity and fisheries bodies, systems. recognizing that fisheries management ICSF further urged that the bodies are competent bodies for proposed guidelines fully integrate managing fisheries. principles from two important CBD Delegates also agreed that coral guidelines, namely, the Tkarihwaié:ri bleaching and ocean acidification are Code of Ethical Conduct and the Akwé: important areas, especially for small Kon Voluntary Guidelines. island developing countries, where communities are dependent on fish for food security and livelihoods. On the issue of underwater noise, delegates called for more research to improve understanding and awareness of the issue among relevant stakeholders. MSP, MPAs, EIA and SEA: Agenda item 6.3 was on marine spatial planning (MSP), MPAs and voluntary guidelines for the consideration of biodiversity For more in environmental impact assessment (EIA) and strategic environmental www.icsf.net/en/statements.html?radio=I assessment (SEA) in marine and ICSF statement on Agenda Item 6: coastal areas. Marine and Coastal Biodiversity The question of whether the draft voluntary guidelines, which www.cbd.int/sbstta16/documents/ focus more on areas beyond national SBSTTA 16 – Offi cial Documents jurisdiction, are also relevant for waters within national jurisdiction, was debated. Parties, especially Australia, Argentina, Brazil and Mexico, pointed to the need for more discussion and feedback from

SAMUDRA REPORT NO. 62 Chile FISHER LEADER

Rebel with a Cause

In this interview, Honorino Angulo, a fi shermen leader from southern Chile, talks about his battle for the rights of coastal commmunities

n March 2012 he was charged with such as pejerrey (sandsmelt), sardine inciting violence. In June, he was and cabrilla (wreckfish). But since the Ibestowed a human-rights award. arrival of salmon aquaculture in the Meet Honorino Angulo, a fishermen region, we have lost these smallest of leader from southern Chile, who has resources (pejerrey and sardine). Now long battled the dictatorial measures we have to depend on other regions imposed in the Pinochet era, which to get bait. The salmon industry is still prevail. a major threat to artisanal fishing. In awarding him the Helmut Frenz Rearing centres have been established medal, the Ethical Committee against in our region and are polluting all Torture commended Angulo for his the coastal and marine areas. Large struggle against the privatization of amounts of antibiotics and chemicals fishery resources and for defending the are administered to the salmon reared 29 right of coastal communities to food in cages, which are now occupying our sovereignty. traditional fishing areas and polluting Angulo was one of the leaders the sea. subjected to the Internal National Security Law, a law created under the Pinochet regime, for leading last summer's people’s protest in ...I am a social leader and I will continue to demonstrate Patagonian cities, styled as “Aysen, until I am 100 years old... Your Problem is My Problem”, which demanded that the valuable natural resources of the southern region be exploited sustainably for the benefit of citizens. Three companies in the southern Angulo's response: “I am not a zone—Pescanova, Nippon Suisan and delinquent. I am a social leader and the Chilean company Friosur—own all I will continue to demonstrate until I the quota of some our fisheries, like the am 100 years old, God willing.” Patagonian grenadier (merluza de cola), Excerpts from an interview with and southern blue whiting (merluza this feisty leader: tres aletas) and 50 per cent of the quota How did you become a for austral hake (merluza del sur) and fi sherman? manta ray. The government wants to I come from a rural (campesino) give them these quotas in perpetuity. family which arrived in Patagonia to They have never been penalized for escape poverty in the countryside. In overexploiting marine resources nor the 1980s I became an artisanal do they pay taxes for extracting these fisherman, despite not having fishery resources. Worse, a large part of completed primary education. It was the resources are destined for fishmeal only two years ago that I completed production to feed salmon. basic-level studies. When I started Where do your catches go? This interview was conducted by Patricio fishing, we caught congrio (kingklip, Our catches go to feed people in Igor Melillanca (patricio@ecoceanos. cl) of Ecoceanos, Chile. It was translated by cusk eel), hake, and manta ray, using towns in the region and also in other Brian O'Riordan ([email protected]) of for bait species native to our region, parts of central and northern Chile. ICSF

JULY 2012 CHILE

A small percentage is exported for We have mobilized throughout human consumption. But almost all the Chile against the government’s lack industrial production goes for fishmeal of interest in formulating this law and oil, and a small percentage for the exclusively for artisanal fishworkers. export markets. At the moment, the bill favours How did you become a leader industrial trawling and the operation of fi shermen? of large vessels in Patagonia’s internal I have been a leader for 20 years. I waters and canals. It does not respect took up the struggle of our fishermen to the five-mile zone reserved for the save our resources, and our work and artisanal fishery. We emphatically families. We must feed our families; reject the issue of ITQs and the we must never allow the companies to privatization of the fisheries. abuse us. Longueira’s Law attempts to How does the human- hand over fishery resources for life to rights award from the Ethical six families of the country, who have Commission against Torture become millionaires through fish, link with the artisanal fi shers' but who have also jeopardized the struggle? sustainability of the fisheries. Today This award recognizes the rights our organization—the National Council of the individual, and the freedom for the Defense of the Artisanal Fishery to feed oneself. As fishers, we want Heritage—has 50,000 fishermen as good-quality resources for our country, members, including various leaders especially those produced by the from CONAPACH and CONFEPACH. artisanal sector. The award recognizes You were one of the leaders our struggle for food sovereignty, and of the movement “Aysen, Your we are proud to defend the right to food 30 Problem is My Problem”, which, for all our families and our children. at the start of the year, made This is why we reject Longueira’s Law, political demands, calling which seeks to hand over ownership for better infrastructure, and of these resources to six families. sustainable exploitation and Our struggle to defend our fisheries equitable use of resources. heritage is society-wide. We can't allow Months later, how do you see the the Economy Minister to take this situation in Patagonia? quality food away from us and hand it That movement began by rejecting over to six of his friends, the industrial the law for privatizing the fisheries. fishing companies. The fishermen started demonstrating, and then other sectors began to join in with their own demands, which were very similar. The workers' union joined the demonstration, as did public employees, lorry drivers, health and For more education workers, and rural labourers from the campesinios. The movement www.santiagotimes.cl/national/human- was able to highlight forgotten issues, rights-a-law/24059-chiles-lower-house- like fair salaries, better health and passes-new-fi shing-law-amid-protests education infrastructure, and subsidies. Chile’s lower house passes new The demands of artisanal fishers have fi shing law amid protests been overlooked. We would like a new fishing quota system, modified fishery fi s.com/fi s/worldnews/worldnews. calendars and a region-by-region asp?monthyear=6-2012&day=28&id=5 revision of the law to privatize fisheries 3386&l=e&country=&special=&ndb=1 resources. &df=1 What is the position of the Chile's fi sheries Act contents National Council for the Defense presented of the Artisanal Fishery Heritage on this law, which gives property rights as individual transferable quotas (ITQs)?

SAMUDRA REPORT NO. 62 Malaysia AQUACULTURE

Caged in

The aquaculture industry in Malaysia is plagued by a range of problems that need to be addressed immediately

quaculture has a long history in in the State of Perak, conducted by Malaysia. Initially, aquaculture the Forest Research Institute of Astarted as a traditional practice, Malaysia (FRIM), showed a notable integrated with agriculture and done decline of 64 per cent in the extent on a small scale. Around 1970, the and distribution of mangrove forests aquaculture industry began to grow between 1989 and 2009. One of the in the country when semi-intensive causes of this decline is aquaculture shrimp farming was introduced in development. Johor State. Cage culture also began to The Malaysian government has be developed at that time, followed by taken various initiatives to develop cockle and mussel farming. the aquaculture industry, such as Between 1970 and 1980, the the introduction of Aquaculture aquaculture industry collapsed due to Industrial Zones (ZIAs), zoning 31 land degradation in ponds as a result of land and waters as areas for of increased acidity in the soil, which interferes with the immune system of organisms, and affects the rate of production of livestock and aquaculture The aquaculture industry has contributed to the resources. destruction of mangrove forests and agriculture... Aquaculture activities began to increase rapidly in early 1990 with the introduction of high- capacity commercial aquaculture and supplements in fish and shrimp aquaculture development in the Ninth hatcheries set up by the government Malaysia Plan, a specific provision of and private companies. RM119.12 mn (approx. US$38 mn) for A widespread shrimp disease hit aquaculture development in the Tenth aquaculture farms in many countries Malaysia Plan, and a Code of Good in 1999 and led to the closure of Aquaculture Practice (GAqP). farms and hatcheries in Malaysia. Poor management practices also Mangrove destruction contributed to the collapse of However, Sahabat Alam Malaysia aquaculture farms. (SAM) believes the development of At present, the industry is growing the aquaculture industry will have fast and is being promoted by the more negative effects on ecosystems government, which views it as a good and the economy. The aquaculture source of foreign exchange, since most industry has contributed to the of the output of intensive aquaculture destruction of mangrove forests and is exported. agriculture; reduction of natural The Annual Fisheries Statistics habitats; deterioration of coastal of 2010 indicate that the total area protected areas; catching of juvenile of brackishwater aquaculture ponds fish to feed livestock; pollution is 7,722.82 ha, compared to 5,623.69 and deterioration of water quality; This article has been written by Azrilnizam Omar ([email protected]) of Sahabat ha in 2006. An analysis of changes in introduction of alien species; and Alam Malaysia (SAM)—Friends of the Earth mangrove areas in Manjung district deterioration of land quality. Malaysia

JULY 2012 MALAYSIA

SAHABAT ALAM MALAYSIA (SAM) development in the form of the GaqP, which is issued by the Department of Fisheries, Malaysia. Unfortunately, the code of practice is not mandatory. Furthermore, environmental impact assessment (EIA) reports are only required to be provided if the aquaculture project involves a mangrove area of over 50 ha. Although aquaculture projects often involve reclamation of vast areas of paddy fields, they are exempt from EIA. To worsen the situation, there is no legally binding requirement for social impact assessment (SIA) for aquaculture projects. The absence of laws to regulate aquaculture projects denies the community a mechanism Malaysia's aquaculture industry has destroyed coastal areas to voice their concerns and views on and adversely affected the ecosystem aquaculture development. There is also no law to control The development of aquaculture wastewater from aquaculture ponds. industries in coastal areas has The provisions in the Environmental indirectly affected the quality of life Quality Act of 1974 apply only to 32 of coastal communities, especially sewage and industrial waste. of fishermen. SAM believes the The absence of policies and preservation and conservation of regulations has allowed aquaculture natural coastal areas should be a industries to exploit resources for their priority. The Indian Ocean tsunami own interests and benefit. of 26 December 2004 should be a B. Lack of co-ordination lesson on the importance of mangrove in implementing government forests in the preservation of coastal policy areas. Planning for aquaculture The Malaysian government development is not in line with several believes that the development of existing government policy initiatives. aquaculture will help meet the Any aquaculture development plan country's requirement for protein, should be consistent with the planning which cannot be met by marine fishery schemes of local, State and national resources alone. SAM, however, bodies. feels that these initiatives are only Take for example the issue of temporary and not sustainable. Integration of Prawn Aquaculture The government should focus on Project (i-SHARP) under the High efforts to conserve natural fisheries Impact Projects—Aquaculture resources and should not encourage Industrial Zones (HIP-ZIA). The aquaculture as a solution to the Detailed Environmental Impact depletion of fishery resource. Assessment (DEIA) report for i-SHARP SAM believes the following are stated that the project is implemented some of the deficiencies and challenges in environmentally sensitive areas, facing Malaysian aquaculture: where only projects for recreational A. Absence of comprehensive purposes and that do not affect policy, legislation and the ecosystem are permitted. enforcement in aquaculture The i-SHARP project is also areas inconsistent with the Setiu District Malaysia does not have an act or Local Plan. However, the State special law to regulate aquaculture Executive Council (MMKN) has comprehensively. There are gazetted the area for agricultural use, only guidelines for aquaculture with priority for shrimp farming.

SAMUDRA REPORT NO. 62 AQUACULTURE

C. Impact of the Aquaculture the second-largest amount of fish Industrial Zone (ZIA) on landings by trawlers in 2010, totalling the ecosystem and local 718,168 tonnes or 35.37 per cent. communities The high demand for trash fish for The ZIA, one of the High Impact the aquaculture industry will Projects (HIPs) under the Ministry of encourage the use of trawl nets, Agriculture and Agro-based Industry which will, in turn, destroy the marine (MOA), has several negative impacts on ecosystem and deplete fish stocks. the ecosystem and local communities Evidently, the use of trash fish for the since the projects are designed on a aquaculture industry should be banned large-scale commercial basis. to ensure the survival of marine Some areas of the proposed ZIA species. are mangrove forests and marine or F. Promotion of aquaculture coastal waters. Large-scale aquaculture in government policies projects will contribute to The government has encouraged environmental degradation and the expansion of the aquaculture the destruction of ecosystems and industry in the Ninth Malaysia Plan the livelihoods of fishermen. The and the National Fisheries Policy/ privatization of this aquaculture National Agriculture Policy. It project will only benefit corporate has provided various incentives, interests and private profits. including financing the cost of basic D. Reclamation of mangrove infrastructure, and supplying planning areas for aquaculture projects Aquaculture activities destroy mangrove forests, many of which are 33 converted into shrimp farms. According About 90 per cent of the aquaculture industry to Forestry Department statistics, uses trash fi sh as a source of food. almost 9,000 ha of mangrove forests have been destroyed for aquaculture. In coastal areas, mangrove forests act as a buffer zone against storms, erosion and tsunamis. They are also and technical support to attract breeding grounds for marine life. more entrepreneurs to invest in About 75 per cent of commercial fish aquaculture industries. As a result, species are bred in mangrove areas. more and more areas will be converted Each ha of mangrove forest destroyed into aquaculture farms, leading to the is estimated to result in an annual loss destruction of natural resources. of 480 kg of marine products. In view of these considerations, SAM E. Trash fi sh as food in offers the following recommendations: aquaculture 1. Policy, Legislation and Trash fish is mainly used in the Enforcement aquaculture industry as food. About a. Enact special laws for the 90 per cent of the aquaculture industry aquaculture industry; uses trash fish as a source of food. b. Make the GAqP compulsory; However, the use of trash fish is c. Enforce EIA and SIA for every not efficient, as shown in the food aquaculture project, regardless of size; conversion ratio for major aquaculture d. Review the viability of species as 8 – 15:1, depending on the aquaculture activities in mangrove quality of trash fish. This implies that swamps and coastal and agricultural a total of 8 to 15 kg of trash fish is areas; required to produce only one kg of e. Strengthen the enforcement and aquacultured fish. protection of coastal mangroves in The Annual Fisheries Statistics for the National Physical Plan, the State 2010 indicate that the total landings Structure Plan and the Local Plan; of trash fish that year were 307,439 f. Gazette mangrove areas as tonnes or 21.52 per cent of the total protected areas, and enforce the marine fish landings (1,428,881 mangrove buffer zone boundaries to tonnes). Trash fish also accounted for prevent encroachment;

JULY 2012 MALAYSIA

SAHABAT ALAM MALAYSIA (SAM) 4. Stop clearing mangrove forests area for aquaculture projects Aquaculture projects should be banned in mangrove forests and other environmentally sensitive natural habitats. Abandoned mines can be used as an alternative. 5. Stop use of trash fish The use of trash fish as food in the aquaculture industry should be stopped to ensure the survival of marine species. Uncontrolled capture of trash fish, mostly smaller species that have a commercial value, affects fisheries stocks. 6. Encourage fisheries resource conservation Enhancing and restoring fisheries resources should be a priority focus. The government should consider The shrimp aquaculture project in Sanglang, Johor, Malaysia. Since 1970, the aquaculture industry has grown due to the introduction of semi-intensive shrimp farming protecting and conserving marine and coastal ecosystems, including g. Create legislation to mangrove swamps, which are natural control wastewater discharge and habitats for marine life. Encouraging precipitation from aquaculture ponds; the development of the aquaculture 34 h. Ban semi-intensive and intensive industry will only lead to the aquaculture as well as extensive destruction of ecosystems. aquaculture projects involving large The government should create areas; policies that promote coastal fisheries, i. Ban the export of marine which contribute substantially to products unless there is a surplus of fish production, compared to deep- production; sea fisheries and aquaculture. There j. Promote traditional polyculture should be a ban on the use of aquaculture projects; destructive fishing gears. k. Tighten enforcement against SAM hopes that a special law will illegal aquaculture projects; be formulated to regulate the 2. Co-ordination of government aquaculture industry in Malaysia policies related to aquaculture areas and protect natural ecosystems to Aquaculture development plans ensure that the country's fishery should be consistent with policies at resources remain available for future the national, state and local levels. generations. Any company or individual who wishes to carry out aquaculture For more projects should approach the Department of Town and Country apps.dof.gov.my/mahazia/display.html Planning (DTCP) or local authorities Information for High Impact to ensure that there is no conflict in Projects (HIP) in Aquaculture use of land, as stipulated in the Industrial Zones in Malaysia existing National Physical Plan, Structure Plan and Local Plan. www.dof.gov.my/55 3. Review the ZIA project Department of Fisheries, Malaysia Review the role of HIP-ZIA in contributing to the enhancement of ms.wikipedia.org/wiki/Sahabat_Alam_ the country's fishery resources. Malaysia Opening up new areas for ZIA must be Sahabat Alam Malaysia (SAM) stopped and existing areas restored once the project has ended.

SAMUDRA REPORT NO. 62 Document SSF

Towards Synthesis

A draft synthesis document offers a sound basis for consolidating civil society views on the Guidelines for Securing Sustainable Small-scale Fisheries

ince the Bangkok Workshop from all these workshops have been of Civil Society Organizations made available on the civil society S(CSOs) in October 2008, held website https://sites.google.com/site/ prior to the Food and Agriculture smallscalefisheries/ Organization of the United Nations The team at the Environmental (FAO) conference titled “Securing Evaluation Unit, University of Cape Sustainable Small-scale Fisheries: Town, South Africa, was requested Bringing Together Responsible by the civil society co-ordination Fisheries and Social Development” committee to develop a synthesis (4SSF), fishworker and support report, based on the reports and organizations have been advocating statements from all the above for an international instrument on workshops. small-scale fisheries. The decision of The first draft of the synthesis 35 the 29th Session of FAO's Committee report was made available for on Fisheries (COFI) in 2011 to develop such an instrument to complement the Code of Conduct for Responsible Fisheries, was, therefore, widely CSOs representing fi shworker and support groups set up welcomed by them. a co-ordination committee to engage with the process of CSOs representing fishworker and developing the Guidelines. support groups set up a co-ordination committee to engage with the process of developing the Guidelines. The committee comprises representatives discussion at the civil society of the World Forum of Fisher workshop, held on 7 and 8 July, prior Peoples (WFFP), the World Forum to the 13th session of COFI from 9 to of Fish Harvesters and Fishworkers 13 July 2012. It remains a draft as it (WFF), the International Collective will be updated based on reports and in Support of Fishworkers (ICSF) and statements from the next round of the International NGO/CSO Planning national and regional consultations Committee for Food Sovereignty (IPC). to be held between August and Between September 2011 and April December 2012. 2012, a period of just eight months, The final version of the synthesis CSOs conducted 14 national report will be made available in consultations as well as one January 2013. It will be used to provide regional consultation in Africa that feedback on FAO's zero draft of the brought together representatives Guidelines that is now available for from 16 countries. Indonesia, Sri comments on the FAO website (ftp:// Lanka, Pakistan, Thailand and the ftp.fao.org/FI/DOCUMENT/ssf/SSF_ Philippines held more than one guidelines/ZeroDraftSSFGuidelines_ sub-national consultation, with MAY2012.pdf). Thailand hosting one specifically for women fishers. More than 1,600 Comprehensive This article has been written by Chandrika people participated in these The draft synthesis document Sharma ([email protected]), Executive consultations. Reports and statements provides a comprehensive compilation Secretary, ICSF

JULY 2012 DOCUMENT

CLAIRE PATTISON VALENTE

Participants at the workshop in Prainha do Canto Verde, Ceara, Brazil. Over eight months, CSOs conducted 14 national consultations as well as one regional consultation

of principles considered key by for CSOs to consolidate and compile CSOs. These include: recognition of their views, identify key gaps and human rights; commitment to the debate contentious issues on which 36 right to equality and freedom from various perspectives may exist. The discrimination; recognition of the process adopted to develop it sets right of women and men to full and the stage for CSOs to engage in the effective participation in all aspects FAO negotiation process in an of governance and management of accountable, legitimate, coherent fisheries resources; recognition of and systematic manner, and the right to free, informed and prior provides the basis for CSOs to consent; promoting and securing spell out in clear terms, what they good governance and creating would actually like to see in the the conditions necessary for such Guidelines for Securing Sustainable governance; and the ‘do-no-harm’ Small-scale Fisheries. principle to assess the costs of conservation and development. The draft synthesis document also brings together proposals from CSOs on interventions needed in 11 key areas: the governance and management of marine and inland fisheries resources; securing social and economic development rights; protection of the environment and For more sustainable use; support across the value chain; improved labour and sites.google.com/site/smallscalefi sheries/ social-security rights and conditions; Draft Synthesis Report of the gender equality and equity; promotion Workshops of food security and sovereignty; safety at sea; climate change and www.fao.org/fi shery/ssf/en disaster preparedness; awareness FAO on Small-scale Fisheries raising, capacity development, training and education; and research and information needs. In short, the draft synthesis document provides an excellent basis

SAMUDRA REPORT NO. 62 Report COFI

Small-scale Focus

One of the agenda items of a recent FAO meet focused on the importance of small-scale fi sheries from a sociocultural, economic, sustainability and food-security perspective

hy has it taken us so long progressively from fifth position in to focus on small-scale 2005 to first position in 2011. Wfisheries? Thus began the A side event titled “Small-scale statement by the United States (US) Fisheries Guidelines: Getting it during the discussion on Agenda item Right” organized by the civil society 10 (a), “Update on the Development of co-ordination group, comprising the International Guidelines for Securing World Forum of Fish Harvesters and Sustainable Small-scale Fisheries”, Fish Workers (WFF), the World Forum at the 30th Session of the Committee of Fisher Peoples (WFFP), the on Fisheries (COFI) of the Food and International Collective in Support Agriculture Organization of the United of Fishworkers (ICSF) and the Nations (FAO), held in Rome, Italy, International Planning Committee from 9 to 13 July 2012. The US view was for Food Sovereignty (IPC), 37 shared by several other States. attracted excellent participation. The general consensus about the importance of small-scale fisheries from a sociocultural, economic, sustainability and food-security The general consensus about the importance of small- perspective, and for urgent measures scale fi sheries was evident throughout the COFI meeting... to support the sub-sector, was evident throughout the COFI meeting, including during discussions on other agenda items. The report of the Sub-committee on Trade that was Representatives of more than 20 adopted by COFI encourages FAO to States, as well as intergovernmental, make the focus on the small-scale fishworker and non-governmental sector more explicit in its work organizations (NGOs) participated in programme, and to include the sector this side event (see Box 1). as a separate item on the agenda of the Sub-committee on Fish Trade at Technical consultation its next session. The agenda paper for item 10 (a) While the overall response of invited COFI to note the steps taken States to the questionnaire on so far in the Guidelines development national-level implementation process, and provide guidance of the Code of Conduct for on further consultations and the Responsible Fisheries (CCRF) conduct and funding of the formal was poor, those States that did negotiation process; to advise on respond reported that the most the modalities of engagement by commonly applied management civil society organizations (CSOs) in measures in marine fisheries are the scheduled intergovernmental related to addressing the interests technical consultation (TC), taking and rights of small-scale fishers as note of the practices of the reformed well as of fishing capacity. Addressing Committee on World Food Security This article has been written by Chandrika CFS the interests of small-scale fishers ( ) as applied in the recent Sharma ([email protected]), Executive in fisheries management has moved negotiations of the Voluntary Secretary, ICSF

JULY 2012 REPORT

Guidelines on the Responsible reiterated their call for the setting up Governance of Tenure to Land, of a sub-committee on small-scale Fisheries and Forests in the Context of fisheries that could provide a solid National Food Security (VG-Tenure); basis for the development of the sub- recommend how to facilitate the sector. future implementation of the Advice was also provided on the Guidelines, including through issue of modalities of engagement the development of specific of CSOs in the scheduled implementation strategies at various intergovernmental TC in 2013. Norway levels and the mobilization of extra- and Afghanistan were in favour of budgetary resources; and propose adopting modalities for CSO other activities to be undertaken by participation in the TC similar to those FAO and its development partners in that were applied during the CFS-led relation to securing sustainable small- negotiations on the VG-Tenure. scale fisheries. Sierra Leone, speaking on behalf A total of 41 States spoke on this of the African Union, supported the agenda item, followed by interventions ongoing participation of CSOs in from several observers. Overall, there the Guidelines process, and called was widespread endorsement of the for ensuring that the voices of those Guidelines and of the participatory involved in this sub-sector are process adopted to develop them. The accommodated and co-ordinated FAO secretariat was commended for within the process of developing the inclusive and participatory process the guidelines. Peru, on behalf of undertaken, and was encouraged to the Latin American and Caribbean continue along the same lines. Group (GRULAC) similarly called 38 At the same time, the need for other for a consultative process for CSO interventions was also highlighted. engagement in the negotiations. Several States, including Brazil, Peru, South Africa drew attention to the Thailand and Norway, called for new small-scale fisheries policy that putting in place, on an urgent basis, has been developed in the country, a global assistance programme for which was gazetted on 20 June small-scale fisheries. Several other 2012. The policy, which emphasizes States, including India, Afghanistan, sustainable use, has been drafted Iran, Malawi, Angola, Senegal, Ghana, with the full participation of all Guinea-Conakry and Cameroon, stakeholders, and has benefited greatly

BRIAN O'RIORDAN/ICSF from the inclusive process. South Africa called for a similarly inclusive process to develop the international Guidelines. The European Union (EU) said that the negotiation process should respect established practice for observer participation in FAO. India said that while greater participation of CSOs should be encouraged, it should be as per established procedures. Canada was of the view that the issue of modalities for CSO participation concerns the broader governance of the organization and that it was outside COFI’s mandate and authority to determine how civil society should participate in the TC beyond what current rules allow. If there is an intention to change how the public engages then, Canada suggested, At the 30th Session of COFI a total of 41 States spoke on agenda item "Update on the the modalities for such engagement Development of International Guidelines for Securing Sustainable Small-scale Fisheries” of all stakeholders—CSOs, NGOs,

SAMUDRA REPORT NO. 62 COFI

BOX 1 CSO Statement Agenda Item 10 (a): Update on the development of International Guidelines for Securing Sustainable Small-scale Fisheries

Chairperson, We urge the Committee on Fisheries to respect and Governmental delegations and Members of COFI, recognize our commitment and facilitate our further meaningful Fraternal Greetings from the millions of men and women participation with this process. We urge you to ensure that artisanal fi shworkers, who we are proud to represent. our voices are well represented at the inter-governmental My name is Cairo Roberto Laguna. I am an artisanal technical negotiations on these guidelines to be held in 2013. In fi sheries producer and vessel owner from Nicaragua, where I particular we request that: am currently the President of the Nicaraguan Artisanal Fishing • A specified number of civil society representatives, Federation (FENICPESCA), Secretary of the Steering Committee nominated by us, be enabled to make interventions during of the Central American Confederation of Artisanal Fishermen plenary discussions; (CONFEPESCA) and Latin American Representative of the World • Our representatives be allowed to participate in breakout Forum of Fish Harvesters and Fishworkers (WFF). sessions/ working groups of the technical consultation; Here I speak on behalf of the WFF, the World Forum of • Our representatives be allowed to submit and present Fisher Peoples (WFFP), the International Collective in Support written contributions and proposals. of Fishworkers (ICSF) and the Internal Planning Committee for Many such steps to enhance civil society participation have Food Sovereignty (IPC). been taken within earlier FAO processes. The development of the guidelines on small-scale fi sheries Facilitating our active participation will ensure that the presents us with a unique opportunity: the opportunity to Guidelines adopted represent a shared vision, and that they are enhance the contribution of our sector to food security and owned widely, particularly by small-scale fi shing communities poverty eradication, to socio-cultural diversity, to decent themselves. This is essential if the guidelines are to be 39 employment and livelihoods, to local and national economies, implemented effectively. and to the conservation and sustainable use of fi sheries Mr Chair, COFI delegates, in our view this new international resources, both inland and marine. instrument should be global in scope so that it can be applied We, organizations that represent and support small-scale wherever appropriate. fi sheries and fi shing communities, have, therefore, welcomed Finally we would like to request COFI to commit fi nancial the guidelines. We have also committed to engaging with the resources to ensure the participation of our representatives in process of developing them. We have set up a co-ordination the negotiations process. group comprising representatives from our organizations for the Thank you for your attention. purpose of engaging with this process.

environmental groups, industry and noted that the importance of small- inter-government associations—be scale fisheries, and its link with food considered by the Conference. Canada security, is being increasingly also asked the secretariat to provide recognized. information on how all interested On behalf of the African Union, stakeholders can engage within the Sierra Leone stressed the need to framework of the basic text available. work with fishing communities New Zealand, supporting Canada, to safeguard the fisheries systems stressed that the modalities should and wider ecosystems that support apply consistently to all observers, a them, as well as to promote greater view also shared by Australia. safety for those working in the During the discussion, States sector. Sierra Leone also drew highlighted several other issues. the attention of COFI to the Norway expressed its full support to strategic framework for access the Guidelines development process, to resources being developed offering financial support as well. by the West African sub-regional Drawing attention to the fact that fisheries commission (CSRP), the Farmers Forum, organized by the which has a special protocol on International Fund for Agricultural small-scale fisheries. This will also Development (IFAD), would focus draw on the zero draft of the on small-scale fisheries in 2014, it Guidelines.

JULY 2012 REPORT

Venezuela, endorsing the need levels—local, national, regional and for a participatory approach for the global. development of the Guidelines, said Canada said that small-scale that fishers need to be recognized fisheries existed across the country, as stakeholders in the process. especially in aboriginal and remote Recommendations from fishers communities for subsistence, have regularly been taken on board recreational, commercial, social nationally, it was noted. Cameroon and ceremonial purposes. Reserving stressed the importance of greater comments on the zero draft of the attention to small-scale fisheries, to Guidelines, Canada said it supported improve livelihoods and working the technical consultations to conditions as well as resource negotiate the Guidelines. As human sustainability. rights can be a sensitive issue, India, commenting on the Canada was keen to know if the Guidelines, said that these should FAO secretariat had a plan and a not be confined to what to do, but budget available to support the TC, should also focus on why certain given that more than one round may steps are needed and who can take be needed to reach agreement. them. They should be addressed to all Mauritius underlined the need stakeholders and should aim at for a greater elaboration of the making concrete improvements in concept of sustainability, with a focus the lives of people. The language of on an integrated approach. Issues the Guidelines must be simple and related to safety at sea, women, accessible, avoiding jargon. Peru gear selectivity and infrastructure said that the Guidelines should be need to be addressed. The role of 40 voluntary in nature. CSOs and NGOs is very important, Indonesia said that small-scale particularly in reaching out to, and fisheries are a national priority, convincing, fishing communities, and different standards must be Mauritius stressed. considered for the sub-sector Ecuador emphasized the need for under the Special and Differential a balance between conservation and Treatment clause in the ongoing sustainable use, and underlined the negotiations on fisheries subsidies role of fishers and CSOs both for at the World Trade Organization achieving sustainability and for (WTO). Korea highlighted the need developing the Guidelines. for a precise definition of small-scale Japan said that it recognized the fisheries. socioeconomic importance of small- The EU stressed the need for scale fisheries in both developing increased attention to the role of and developed countries, and that it small-scale fisheries, both for food gave high priority to the development security and as a lever for economic of the Guidelines. There is need for a growth in coastal areas. A focus on case-by-case approach for providing small-scale actors and vulnerable support—no uniform disciplines are communities lies at the heart of the possible. EU's development policy for food Japan pointed out that even security as well as its fisheries small-scale fisheries have impacts and policy. Policies that achieve that they too target internationally sustainability contribute to shared stocks, such as tuna. The issue strengthened performance of small- of sustainability in the context of scale fleets, the EU noted. The EU also small-scale fisheries is thus important, reiterated its view that the and needs to be integrated into development of such an international national and international instrument should, in particular, management systems. focus on the needs of developing countries and draw on relevant Fishing rights existing instruments. It underlined Chile said that even as there is need the need for the development of to pay attention to economic, social implementation strategies at various and cultural rights of small-scale

SAMUDRA REPORT NO. 62 COFI

BOX 2 Getting it Right

civil society Side Event, titled “Small-Scale Fisheries deserves. It is also important to put in place the global assistance AGuidelines: Getting it Right”, was conducted by the World programme for small-scale fi sheries proposed in the 29th session Forum of Fish Harvesters and Fish Workers (WFF), the World of COFI, he pointed out. Forum of Fisher Peoples (WFFP), the International Collective in Hazin added that there are now two valuable documents Support of Fishworkers (ICSF) and the International Planning and sources of information—the Zero Draft of FAO and the CSO Committee for Food Sovereignty (IPC) at the 30th Session of synthesis report—which should be the basis for the consultation the Committee on Fisheries (COFI) of the Food and Agriculture process that is to take place. The challenge, he said, is how to Organization of the United Nations (FAO), held in Rome, Italy, ensure that all the feedback from civil society and stakeholders is from 9 to 13 July 2012. The event was attended by over 70 adequately and properly considered in drafting the Guidelines. persons, including 20 national delegations from Latin America, Tarun Shridhar of India wondered why small-scale fi sheries Africa, Asia, Europe and North America. have only been a footnote until now. Priority needs to be Chaired by Naseegh Jaffer of WFFP and Margaret Nakato accorded to small-scale fi sheries not only from the perspective of WFF, speakers included Rolf Willmann (Senior Fishery of livelihood, food security and sustainability, but also from the Planning Offi cer, FAO), Jackie Sunde (Member, ICSF), Fabio Hazin perspective of commercial viability and international market (Department of Fisheries and Aquaculture, Pernambuco, Brazil) access. He welcomed the development of the Guidelines as an and Tarun Shridhar (Joint Secretary, Department of Fisheries, instrument not so much to regulate small-scale fi sheries, but to India). promote them. India continues to support the need for a sub- Rolf Willmann emphasized that “getting it right” committee on small-scale fi sheries, he noted. must involve the stakeholders. He referred to the Outcome Other speakers from the audience included delegates from Document from the Rio+20 United Nations Conference on Thailand, Mauritania, Bangladesh, Ivory Coast, Eritrea, Guinea Sustainable Development on “The Future We Want”, as well and Mozambique. The Mauritanian representative said small- as the VG-Tenure Guidelines, both of which contain important scale fi sheries are already a priority area in his country and the commitments and language on rights and small-scale Guidelines throw light on how to organize small-scale fi sheries 41 fi sheries that have relevance for the Guidelines. Willmann also to make it more sustainable. The Guinea representative drew referred to the report on the contribution of fi sheries to the attention to the need for addressing illiteracy, improving access realization of the right to food being drafted by the UN Special to credit, and building up fi shers’ co-operatives. The Bangladesh Rapporteur on the Right to Food. He detailed the process representative highlighted the need for empowering small-scale adopted so far for developing the Guidelines. The Zero Draft of fi shers through leadership development. Mozambique said the Guidelines is now online for comments. The revised draft, small-scale fi sheries are important from a livelihood perspective after incorporating the comments received, will provide the and that it is already a priority area, as in Mauritania. The basis for the technical consultation to be held in May 2013, he government is encouraging small-scale fi shers to fi sh beyond the said. three-nautical-mile zone, he said. Jackie Sunde spoke about the consultations organized by The Ivory Coast representative said that the Guidelines civil society organizations (CSOs) on the Guidelines at national should help address the problem of fi shers’ migration and and regional levels, which included 14 national workshops and integrate fi shers into management policy. The representative one regional workshop in Africa. She also provided information of Eritrea welcomed the focus on human rights. The Guidelines about the draft synthesis report that was prepared based on the could provide the framework for enlarging fi nancial assistance to reports and statements from these workshops. poor fi shing communities, he said. The representative of the sub- Fabio Hazin of Brazil commended the inclusive process that regional fi sheries commission in West Africa said the Guidelines has been followed in developing the Guidelines, noting that it should be focused enough for countries to take ownership and to was probably the most participatory process ever in FAO. Brazil mainstream them into national and sub-national laws. is fully committed to the Guidelines, given the importance of The active deliberation and large participation at the Side small-scale fi sheries. The Guidelines, he hoped, would serve as Event indicated that small-scale fi sheries are of growing interest a lever to raise awareness of small-scale fi sheries to the level it and priority.

fishing communities, there is also innovative governance systems and need to focus on issues of conservation. adequate data. The US emphasized the need for New Zealand said that as the issue ensuring that resources are of poverty in small-scale fisheries well managed and pointed was an issue primarily in developing to the responsibility of the countries, the Guidelines should focus small-scale sector for this. The on them. At the same time, there is Guidelines, noted the US, should need to think through whether the emphasize the importance of small-scale sector should remain

JULY 2012 REPORT

frozen—there is a need for progress. Organización Latinoamericana de It is also important that the small- Desarrollo Pesquero (OLDEPESCA), scale sector is subject to the same the Latin American Fisheries conservation and management Development Organization, said that regimes as the other sub-sectors, it is currently working on a protocol stressed New Zealand, given that in for the improvement of quality, some contexts small-scale fisheries can sanitation and health in fisheries cause more environmental damage. products from the artisanal sector. Brazil said small-scale fisheries The organization is also creating are multi-dimensional and include a regional model for holistic aspects such as social inclusion, development of small-scale fisheries. cultural heritage, food security Organización del Sector Pesquero y and employment. The proposed TC Acuícola del Istmo Centroamericano to develop guidelines should take (OSPESCA), the Central American into account the contribution of CSOs. Organization for Fisheries and It welcomed the participation of Aquaculture, and the Carribean fishers’ coalitions in the guidelines Regional Fisheries Mechanism process. (CRFM) drew attention to important While Brazil highlighted the challenges facing small-scale importance of co-management, fisheries, like climate change and Bangladesh stressed the need to natural disasters, and the risks from promote systems of community-based illegal, unregulated and unreported coastal resource management, to (IUU) fishing. The Bay of Bengal enhance the decision-making power Programme Inter-governmental of fishing communities, and to secure Organization (BOBP-IGO) reported 42 their rights to land and resources. that it had initiated national-level Various types of support need to be consultations on small-scale fisheries provided, including insurance policies in member countries. on a pilot basis. The Statement from civil society Ivory Coast stressed the need for (see Box 1) asked States to recognize greater attention on migration and the crucial role that CSOs had played for protecting the interests of migrant in the Guidelines development fishers. It also pointed to the conflicts process so far. It asked States to with trawlers, noting that as many as enhance CSO participation in the TC in 15 per cent of small-scale fishers had specific ways, to ensure a continuation their gear destroyed by trawlers. of the inclusive process. Argentina noted that it has special Overall, COFI endorsed the rules for small-scale fisheries, and that Guidelines and the participatory there were quotas set for maximum approach that had been adopted capture by the sub-sector, as well by the FAO secretariat towards as a register. The Guidelines, said their development. Supporting the Argentina, need to be used to boost convening of an intergovernmental trade among developing countries. TC in May 2013, COFI called for FAO, said Tanzania, should develop continued collaboration with all mechanisms to support CSOs at the stakeholders in the coming period. national level to make it possible to address the national priorities of the sub-sector. Ways to disseminate the For more Guidelines to the grassroots will be needed. Angola sought the translation www.fao.org/cofi /cofi 2012/en/ of the zero draft into Portuguese. 30th Session of COFI Zambia and Malawi said they will need help in domesticating the good www.iisd.ca/fao/cofi /cofi 2012/ practices contained in the Guidelines Highlights from IISD Reporting and in implementing them. Panama Service said that special attention is needed for preparing a regional plan for the implementation of the Guidelines.

SAMUDRA REPORT NO. 62 Report RIO+20

Fishing for Rights

The recent Rio+20: the United Nations (UN) Conference on Sustainable Development proved signifi cant for fi sheries and fi shworkers

ighty-eight Heads of State However, in relation to fishing or Government and 30,000 communities, fisheries and the Epeople representing different marine environment, there seems to constituencies attended Rio+20: the be ground for optimism. The main United Nations (UN) Conference on objective of Rio+20 was to secure Sustainable Development, held in Rio renewed political commitment for de Janeiro, Brazil, from 20 to 22 June sustainable development. The Future 2012, 20 years after the 1992 United We Want reaffirms respect for “all Nations Conference on Environment human rights”, including the right and Development. to development. It emphasizes Rio+20 led to The Future We Want, the responsibilities of States to a consensus document developed respect, protect and promote human over three gruelling preparatory rights and fundamental freedoms 43 meetings and three rounds of informal without distinction of any kind. negotiations spread over two years. George Monbiot, columnist for The Guardian, characterized the outcome document as “283 paragraphs The Future We Want reaffi rms respect for “all human of fluff”. In addressing the world's rights”, including the right to development. environmental crises, leaders achieved little in Rio other than just expressing deep concern, he added. Several organizations shared this dismal assessment. The New It underscores the importance of York Times reported that CARE, the effective, transparent, accountable American antipoverty organization, and democratic institutions. It seeks felt the conference was “nothing more to mainstream sustainable than a political charade”. The global development at different levels by environmental group Greenpeace integrating economic, social and said the gathering was a “failure of environmental aspects and recognizing epic proportions”. India’s Economic their linkages. and Political Weekly found little of The outcome document significance in Rio+20. The outcome supports the participation and document offered nothing new or effective engagement of civil specific, unlike the 1992 Rio Summit society in implementing sustainable that had set out a road map for the development. It acknowledges the 21st century, it observed. Oxfam, role of co-operatives in contributing a British charity, slammed the to social inclusion and poverty conference as “shamefully devoid of reduction in developing countries. progress”, but welcomed the Zero Hunger Challenge launched on Traditional knowledge the sidelines of Rio+20 by the UN It recognizes the important Secretary-General, Ban Ki-moon. contribution of traditional knowledge, This report has been written by Overall, the reactions to the innovations and practices of Sebastian Mathew ([email protected]), conference were largely negative. indigenous peoples and local Programme Adviser, ICSF

JULY 2012 REPORT

communities. It advocates effective Development Agenda beyond 2015. gender mainstreaming in decision- The SDGs will complement the MDGs making processes. It encourages and ultimately replace them by the countries to implement the Voluntary target year of 2015. Guidelines on the Responsible The outcome document recognizes Governance of Tenure of Land, the contribution of fishers—along Fisheries and Forests in the Context of with farmers, pastoralists and National Food Security. foresters—to the promotion of Towards promoting decent sustainable development. Under work for all, the outcome document the thematic area of ‘food security highlights the importance of access and nutrition and sustainable to education, skills, healthcare, aquaculture’, it highlights the social security, fundamental rights role of fisheries and aquaculture at work, social and legal protections, in improving food security and including occupational safety and eradicating hunger. It also recognizes health, and decent work opportunities. the role of healthy marine ecosystems ‘Green economy in the context of and sustainable fisheries and sustainable development and poverty aquaculture in ensuring food security, eradication’—a combination of market nutrition and livelihood sources. and non-market approaches—is offered These provisions, unlike Agenda as a tool for eradicating poverty and 21 or the Johannesburg Plan of achieving sustainable development. Implementation (JPOI), mainstream One significant decision of Rio+20 fishers and fisheries into the global is to replace, by 2013, the Commission agenda for rural livelihoods and on Sustainable Development with a food security. 44 universal intergovernmental high- Besides the previously agreed level political forum to follow up on commitments, such as the principles commitments. This will be done in of the Rio Declaration, including consultation with major groups of common but differentiated civil society. A working group of responsibilities, another 24 significant 30 nominated representatives will commitments have been made in be constituted this year to propose the outcome document, which deal “action-oriented, concise and easy- with sustainable development. These to-communicate” sustainable- mostly relate to thematic areas and development goals (SDGs) by 2013, cross-sectoral issues. At least eight with a view to integrating a final of these commitments can improve set of SDGs into the United Nations the quality of life and contribute to NAÍNA PIERRI the economic, social and physical well-being of marine and inland fishing communities. These are: (i) freeing humanity from poverty and hunger; (ii) progressive realization of access to safe and affordable drinking water and basic sanitation for all; (iii) securing access to modern energy services by people who are without these services; (iv) improving the quality of human settlements; (v) achieving universal access to HIV prevention, treatment, care and support, elimination of mother to child transmission of HIV, renewing and strengthening the fight against malaria, tuberculosis and neglected tropical diseases, and prevention and control of non-communicable The Side Event, "Dialogue on the Human Rights Approach to Fisheries", organized by ICSF diseases; (vi) reducing maternal with others, prior to Rio+20 addressed access rights to resources and territories and child mortality and improving

SAMUDRA REPORT NO. 62 RIO+20 the health of women, men, youth The fifth commitment is to meet and children; (vii) safe and decent the JPOI target to maintain, or restore, working conditions and access to fish stocks to levels that can produce social protection and education; the maximum sustainable yield by and (viii) creating an enabling 2015. This will be achieved through environment for improving the science-based management plans, situation of women and girls by eliminating destructive fishing everywhere, particularly in rural practices and by protecting vulnerable areas and local communities and marine ecosystems. among indigenous peoples and Sixthly, there is a new ethnic minorities. commitment, drawing inspiration Six commitments specific to the from the 1995 United Nations thematic area "oceans and seas" Fish Stocks Agreement, to have a bearing on fisheries, marine ensure access to fisheries and environment and marine biodiversity. markets by subsistence, small-scale First is the commitment to protect and artisanal fishers and women the health of oceans and marine ecosystems and to maintain their biodiversity through a precautionary Six commitments specifi c to the thematic area ecosystem approach. "oceans and seas" have a bearing on fi sheries, marine Secondly, within the framework of environment and marine biodiversity. the 1982 United Nations Convention on the Law of the Sea (UNCLOS), there is commitment to address, by 2015, the conservation and sustainable fishworkersfishworkers, as well as indigenous use of marine biological diversity of peoples and their communities. 45 areas beyond national jurisdiction This commitment complements the (ABNJ). This commitment is new. recognition of the rights of small- If Agenda 21 talked about the role scale artisanal fishers as spelled of UNCLOS mainly with respect out in Agenda 21 and the 1995 FAO to conservation and utilization of Code of Conduct for Responsible marine living resources in areas under Fisheries (CCRF). It broadens their national jurisdiction and fishing in access to all fisheries and markets. the high seas, the Rio+20 outcome Under the other thematic area document extends its scope to of forests, there is commitment to conserve and manage biological improve livelihoods by creating the diversity in ABNJ. The document conditions for sustainably managing could thus lead to a new legal forests, including through capacity instrument for biodiversity building and governance and by conservation and management in promoting secure land tenure and ABNJ. benefit sharing. This proposal will The third commitment is to take benefit communities that depend on action to reduce the incidence and tropical wetlands like mangroves for impacts of marine and land-based their livelihoods. sources of pollution. This includes an agreement to take action, by 2025, Potential benefi ts to prevent harm to the coastal and Thus, there are about 15 marine environment from marine commitments in the outcome debris. The first global integrated document that could potentially assessment of the state of the benefit fishing communities. The marine environment, including document recognizes the importance socioeconomic aspects, is to be of raising public awareness and completed by 2014. strengthening coherence and Fourthly, there is commitment co-ordination, while avoiding to implement measures to prevent duplication of effort. It stresses the introduction of, and manage the the importance of exchanging adverse environmental impacts of, information, and best practices invasive alien species. and lessons. It seeks to set

JULY 2012 REPORT

IISD/EARTH NEGOTIATIONS BULLETIN

Nikhil Seth, Division for Sustainable Development; Sha Zukang, UNCSD Secretary-General; Izabella Teixeira, Brazilian Environment Minister; Antonio de Aguiar Patriota, Brazilian Foreign Minister; and Amb. Luiz Alberto Figueiredo, Brazil at the pre-conference informal consultations

goals, targets and indicators, rights-based approach—an approach including gender-sensitive ones, to integral to the common vision of the measure and accelerate progress in outcome document. implementation. Overall, Rio+20 was significant However, there are several issues from the perspective of fisheries and that are worrisome. The fabric of fishworkers. By including fisheries in the ‘green economy’ raises fears the question of food security and by about market-based approaches to establishing the right of small-scale poverty eradication and sustainable artisanal fishers and fishworkers 46 development. Unhappiness has to access marine fisheries within a also been expressed with the means common vision that upholds respect of implementation section of the for all human rights, the political outcome document, which is bereft outcome document The Future We of any new commitments in the Want builds upon the recognition realms of technology transfer and of small-scale artisanal fisheries in finance. The neglect of inland Agenda 21. There is sufficient ground aquatic systems and fisheries, in spite for guarded optimism about the of their contribution to food security outcome of Rio+20. The challenge, and nutrition in many developing however, is how best to create political countries, is unfortunate. The Future will at the national and subnational We Want also fails to urge States to levels to strengthen institutional ratify and implement two significant mechanisms for mainstreaming international labour instruments of these commitments into policies relevance to the thematic area “oceans and programmes for sustainable and seas”, namely, the Maritime development of fisheries and fishing Labour Convention, 2006 and the communities. Much will depend on Work in Fishing Convention, 2007. the kind of pressure that can be The voluntary commitments exerted on the political leadership made during the conference have very from below, especially by major groups little to do with fishing-community- of civil society. specific issues, with the exception of the initiative of Lonxanet Foundation to create a bottom-up, inclusive For more marine protected area in Galicia, Spain. There were also concerns about www.un.org/en/sustainablefuture/ a celebration of the formation of the The Future We Want: Outcome World Bank-led Global Partnership Document Adopted at Rio+20 for Oceans on the sidelines of the UN www.uncsd2012.org/rio20/ Rio+20 conference, which focused, Rio +20 among other things, on a rights-based approach to fisheries governance, which is inconsistent with a human-

SAMUDRA REPORT NO. 62 Obituary FISHER LEADER

Matanhy Saldanha 1948 - 2012

Matanhy Saldanha, who died on 21 March 2012, was a genuine, charismatic leader and a true crusader for the cause of fi shworkers

ver three decades ago, in 1978, fish that was such an integral part of fishworkers in the Indian the Goan diet. He also realized that OState of Goa hit the headlines with no other source of livelihood, the when they took over the streets of the traditional fishers had to keep at bay capital city, Panjim, in a campaign to the purse-seiners and trawlers owned “Save Goa, Save Our Fish”. Contrary by corporate interests. to the stereotypical image of fun- As a result of that initial loving Goans, the 1978 protest was no engagement with Goan fishworkers, carnival, but an impassioned crusade Matanhy began to mobilize the for a ban on the destructive fishing traditional coastal communities, technique of trawling, which was travelling along the coast with Xavier depleting the catches of the traditional Pinto to get a first-hand understanding rampons, the large shore-seines owned of the problems confronting fishers. 47 by ramponkars. He then organized a meeting in The person at the forefront of that show of strength, which paralyzed life in Goa's capital city, was a fiery school teacher in no mood to give up, ...a fi ery school teacher in no mood to give up, backed as he was by a large group of backed as he was by a large group of advocates and advocates and environmentalists who environmentalists... had just succeeded in closing down the polluting Zuari Agro Chemicals plant. Matanhy Saldanha—the Chennai that resulted in the formation charismatic leader of that landmark of the National Forum of Country protest—knew little about fisheries Boat and Kattumaran Fishermen, and fishworkers when he joined the which later grew into the National fight against pollution of the coast by Fishworkers’ Forum (NFF). It was with the Zuari plant. But the instinctive the formation of NFF in 1978 that the activist in him realized the imperative coastal fishing communities began to of gaining the support of fisherfolk, get a distinct identity in India. who were the ones most affected by NFF's main demand was for marine the factory's operations. Once the regulation to demarcate fishing zones anti-Zuari campaign succeeded, the to keep purse-seiners and trawlers fishworkers approached Matanhy to away from the coastal waters. NFF solicit his support for their proposed gradually transformed itself from agitation against the introduction of a movement against trawlers and purse-seiners and trawlers, which purse-seiners into a trade union that were depleting catches in their fishing represented the broad interests of zones. India's fishing communities. Matanhy, who had a background Matanhy also led the Indian of activism in the student movement, fishworkers' delegation to the responded positively, realizing that first International Conference of This article has been written by Nalini the traditional fishing communities Fishworkers and their Supporters Nayak ([email protected]), were the ones who brought home the in Rome in 1984, held in parallel Member, ICSF

JULY 2012 OBITUARY

Crusader Extraordinary

ay back in 1980, when I was a Master of Business NFF chairperson Harekrishna Debnath fell terminally ill soon WAdministration (MBA) student, one of the fi rst studies after, senior leaders approached Matanhy to step in as acting given us was “The case of the dying fi sh”. It was about the chairperson. That he had retired from his job as a teacher and fertilizer factory of Zuari Agrochemicals in Goa, which became, was in the political wilderness made it possible for him to in the mid-1970s, the fi rst factory to be closed down in India accept, though reluctantly, the job of leading NFF once again. due to the harm it was causing the environment. A strong local In my capacity as an NFF 'resource person' I was able to movement led to that drastic action and it was the relentless interact closely with Matanhy during the period 2009-2011. struggle of the fi shermen that tilted the scales. That was Though he could resolve only some of the organizational not only a landmark event in the history of modern India’s problems facing NFF, Matanhy ensured that the issues facing environmental movement but it also signalled the start of a fi shing communities and the coast remained in focus, and NFF movement among marine fi shermen that would eventually continued to play its historical role as the champion of the embrace the entire Indian coast. Little did I realize that I would interests of the traditional fi shing communities of India. The be privileged to meet, and eventually become a friend of, the negotiation of a new Coastal Regulation Zone 2011 notifi cation, main architect of the struggle against Zuari Agro: Matanhy which included several provisions to protect the interests of Saldanha. fi shing communities, was the highlight of Matanhy's tenure as Matanhy, a young school teacher, had rallied the local chairperson of NFF. fi shermen, all users of giant shore-seines called rampons, In early 2012, Matanhy won in the elections to the Goa to form the Goencha Ramponkar Ekvott (GRE), the fi rst truly legislative assembly. He was given charge of key portfolios, modern fi shermen's association in India. Formed to fi ght Zuari namely, tourism and environment and forests, which refl ected Agro, GRE went on to take up the issue of trawlers that were his interests. These included ending the environmental making life miserable for the traditional fi shermen. As it was destruction of Goa, arresting deforestation and uncontrolled not a purely local problem, mobilization on a national scale was mining, and making sure that tourism—the most important 48 required. Thus was born the National Forum of Country Boat sector of the State's economy—developed in a manner that was and Kattumaram Fishermen (later, the National Fishworkers' compatible with both environmental concerns and economic Forum or NFF), with Matanhy as its founder chairman. goals. I fi rst met Matanhy at the NFF General Body meeting at In Matanhy's untimely death, Goa has lost a social activist- Bangalore in December 1983. We met again in November cum-political leader, while India's fi shing communities have lost 1986 when John Kurien organized an international workshop a great champion of their causes. Matanhy was a pioneer in in Trivandrum that led to the formation of ICSF. Matanhy was the fi shworkers’ movement even if he was a mix of interesting one of the founder Members of ICSF, but his innings at ICSF contrasts. Though he founded GRE and NFF, which have was short as he was more comfortable leading fi shermen in remained relevant and active for over three decades, he was struggles against the establishment rather than write reports or not really an institution builder. He was not the type to manage attend workshops. or administer organizations. Issues interested him. He sought Subsequent sightings of Matanhy were rare. After NFF's political power merely to implement many of the demands that initial success in getting the Indian government to circulate a he had been making over the years in favour of communities model bill on marine fi shing regulation, the struggles shifted to and the environment. the State level, and NFF became a national platform for sharing Despite his aggressive stands on many issues, he was ideas and providing inspiration. Matanhy soon withdrew from always courteous in all his interactions. As a crusader, Matanhy the national scene to focus on local issues in Goa. fought hard on issues that were mostly related to survival My close association with Matanhy started with his 'second of communities, protection of natural resources, and the coming' in NFF. The large-scale mobilization by NFF against preservation of his beloved Goa’s rich culture and heritage. the proposed coastal management zone notifi cation in 2008 drew him back into the fold as Goa was one of the States —These thoughts come from V Vivekanandan facing serious problems with coastal regulations. When the ([email protected]), Member, ICSF

to the World Fisheries Conference friends, set up the Goa Research organized by the Food and Agriculture Institute for Development (GRID). Organization of the United Nations The documentation centre of this (FAO). As the fishworkers' struggles institute was the home for studies on grew, and there appeared a need controversial industrial and naval to monitor other developmental projects. activities and their impacts, Matanhy’s focus in public life went Matanhy, with the help of other far beyond fisheries. He launched

SAMUDRA REPORT NO. 62 FISHER LEADER

WWW.FACEBOOK.COM/MATANHYSALDANHATRIBUTES the Goan Weekly, which campaigned for declaring Konkani as the official language of Goa and sought a ban on censorship. He was also involved in the formation of the All-Goa Trade Unions and Traditional Workers' Co-ordination Committee. Matanhy embodied the mix-and- match approach of the intellectual- cum-activist, lending a visionary edge to campaigns and strategies. He quickly recognized that the issues confronting the country's poor and marginalized were essentially political, a realization that made him seek out an active role in State and national politics. As a politician, his career was chequered and he shifted between parties and even tried to create a regional Goan party. As Matanhy Saldanha, a truly genuine leader and a good human Minister for Tourism for a brief period being who put social issues and people before his personal needs in 2002 he took radical positions on social and environmental issues. friend and a decent human being. Matanhy was clearly not cut out For the fishing communities of India for the manoeuvres of power politics and the population of Goa, they since he regarded issues on their have lost an extraordinary crusader. 49 individual merit, and took stands that often hurt the power elite. In a similar vein, Matanhy did not waste time on organizations that had preconceived, clear-cut agendas. Nonetheless, as a man of action and a leader with fresh ideas, Matanhy understood the need for organizations, and even helped create them. He would, however, choose to weave himself in and out of different roles. For instance, when Harekrishna Debnath, former Chairperson of NFF, who was battling cancer and realized he had a short time to live, requested Matanhy For more to return to the helm of NFF, he willingly accepted, although on www.thehindu.com/news/national/ the condition that it would be only article3019497.ece until the next State elections as he Goa Minister Matanhy Saldanha intended to compete as a candidate. Passes Away When Matanhy did stand for State elections in 2011, he won and was articles.timesofi ndia.indiatimes. sworn in as Minister for Environment com/2012-03-21/goa/31219833_1_ and Forests, and for Tourism, shortly chief-minister-manohar-parrikar-tourism- after which he passed away. In minister-assembly-session Matanhy's sudden death of a heart Goa Tourism Minister Dies of attack on 21 March 2012, we have lost Cardiac Arrest a truly genuine leader and a good www.facebook.com/ human being who put social issues MatanhySaldanhaTributes and people before his personal needs Remembering Matanhy Saldanha and life. For those of us who knew (1948-2012) him personally, we have lost a good

JULY 2012 Roundup NEWS, EVENTS, BRIEFINGS AND MORE... BYCATCH FISHERIES ONLINE Bycatch management Timor-Leste fi sheries statistics

he International Guidelines programme, and include n online national fisheries is operated by the National Ton Bycatch Management the identification of key Astatistical system for Directorate of Fisheries and and Reduction of Discards management considerations Timor-Leste was launched on Aquaculture (NDFA) and were developed through a and measures necessary to 21 June 2012 at a ceremony was established with the participatory process initiated ensure the conservation of presided over by Marcos da support of the Spanish-funded by the Food and Agriculture target and non-target species, Cruz, Secretary of State for Regional Fisheries Livelihoods Organization of the United as well as affected habitats. Agriculture and Fisheries. The Programme for South and Nations (FAO) involving These guidelines are voluntary system—accessible at www. Southeast Asia (RFLP), which is fisheries experts, fishery and constitute an instrument peskador.org—provides public implemented by FAO. managers from governments, of reference to help States and access to a wide range of www.peskador.org the fishing industry, academia Regional Fisheries Management statistical and environmental and non-governmental Organizations (RFMOs) in information relating to fisheries and intergovernmental formulating and implementing in Timor-Leste. This is the first organizations. The guidelines appropriate measures for the time that such a system has are designed to provide management of bycatch and been implemented in Timor- Reducing guidance on management reduction of discards in all Leste and it is expected to be factors ranging from an fisheries and regions of the an important tool contributing overcapacity appropriate regulatory world. to enhanced fisheries framework to the components www.fao.org/fishery/ management and sustainability new report on member of a good data-collection nems/40157/en of marine resources. The site AStates’ efforts to balance fishing capacity with fishing opportunities published by ORGANIZATIONAL PROFILE the European Commission supports calls for significant Federación Interregional de Pescadores changes within EU fisheries 50 policy. It confirms the very slow pace at which the EU Artesaneles del Sur—Valdiva (FIPASUR) fishing fleet continues to decrease in size. Per capita fish consumption the vertical (top-down) control caught it, date and location of Overcapacity, that is, in Chile is one of the lowest mechanisms they impose on capture, and where it has been too many fishing boats for in the world. On average, fishermen. processed and dispatched. the volume of fish that can Chileans consume 7 kg of fish Pesca en Linea, or “Fishing The idea is to provide relevant be caught, remains one of annually, compared to 75 kgs of on Line”, is an initiative of information about the product the main obstacles to achieve meat (chicken, beef and pork). Federación Interregional de that will promote responsible sustainable fisheries. Rather, fish is exported or Pescadores Artesaneles del consumption in ways that In 2010 fleet capacity transformed into fishmeal and Sur—Valdiva (FIPASUR)—the contribute to the economy expressed in engine power oil. It can thus be argued that in of the caletas and coastal and tonnage was reduced on Chile the fishing industry takes communities. average by 2 and 4 per cent more interest in providing feed FIPASUR Founded in 1990, respectively. for salmon aquaculture than FIPASUR groups 22 At this rate, eliminating food for the Chilean people. member organizations of overcapacity quickly will However, in Valdivia, artisanal fishermen and be difficult, especially as situated in Los Rios, Chile’s Interregional Federation of associates—over 1,300 artisanal technological progress at fourth most-important fishing Southern Artisanal Fishermen fishers. It works to improve least partly compensates for region (Region XIV), a group of of Valdivia. Pesca en Linea is the skills, working conditions capacity reductions. Several artisanal fishermen are trying a social-enterprise company and incomes of its members, Member States have concluded to buck this trend. But they which focuses on the direct and to gain recognition for the in their national reports face enormous challenges. Poor sales of high-quality products social importance of artisanal that fleet reductions would sanitary conditions in artisanal from the artisanal fisheries fisheries. contribute to achieve healthy fishing boats and at landing sector. It has set social, fisheries. centres, illegal fish landings economic and environmental www.slowfood.com/ Changes in the current and weak control measures objectives through which it slowfish/pagine/eng/ policy are thus necessary. applied by the authorities, the aims to contribute to marine- resistenza/dettaglio.lasso?- The report’s findings put low level of development of resource sustainability, ida=66 into question the efficiency value-added products and a adding value to products, In Spanish: www.slowfood. of publicly financed capacity lack of promotion for seafood and positioning the artisanal com/slowfish/pagine/esp/ reductions. A 2011 Court of products. Buying power is fisheries sector centre stage in resistenza/dettaglio.lasso?- Auditors’ report also finds the concentrated in the hands of direct marketing. The initiative ida=66 failure of the current measures, traders, who manipulate the aims to promote responsible In French: www.slowfood. and advocates either a new price paid to fishermen through consumption through a com/slowfish/pagine/fra/ approach or better application various strategies. Fishermen labelling scheme which informs resistenza/dettaglio.lasso?- of existing measures. are also entrapped by their the consumer about the origin ida=66 www.seafoodsource. relations with traders through of the product—who has com/newsarticledetail. aspx?id=16786

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FISHERIES STATISTICS World Review of Fisheries and Aquaculture 2012

apture fisheries and event (cold water). (97 per cent), followed by Latin 60 per cent of fishing vessels Caquaculture supplied Total global capture America and the Caribbean (1.5 were engine-powered in 2010, the world with about 148 mn production in inland waters per cent), and Africa (about but although 69 per cent of tonnes of fish in 2010 (with a has increased dramatically 1 per cent). Employment in vessels operating in marine total value of US$217.5 bn), of since the mid-2000s with the fisheries and aquaculture waters were motorized, the which about 128 mn tonnes reported and estimated total primary sector has continued to figure was only 36 per cent for were utilized as food for people, production at 11.2 mn tonnes grow faster than employment inland waters. For the fleet and preliminary data for 2011 in 2010, an increase of 30 per in agriculture, so that by 2010 operating in marine waters, indicate increased production cent since 2004. Despite this it represented 4.2 per cent of there were also large variations of 154 mn tonnes, of which 131 growth, it may be that capture the 1.3 bn people economically among regions, with non- mn tonnes were destined as production in inland waters is active in the broad agriculture motorized vessels accounting food. With sustained growth in seriously underestimated in sector worldwide, compared for less than 7 per cent of the fish production and improved some regions. Nevertheless, with 2.7 per cent in 1990. In total in Europe and the Near distribution channels, world inland waters are considered the last five years, the number East, but up to 61 per cent in fish-food supply has grown as being overfished in many of people engaged in fish Africa. dramatically in the last five parts of the world, and human farming has increased by 5.5 Over 85 per cent of the decades, with an average pressure and changes in the per cent per year, compared motorized fishing vessels in growth rate of 3.2 per cent per environmental conditions have with only 0.8 per cent per year the world are less than 12 m year in the period 1961–2009, seriously degraded important for those in capture fisheries, in length overall (LOA). Such outpacing the increase of bodies of freshwater (for although capture fisheries still vessels dominate in all regions, 1.7 per cent per year in the example, the Aral Sea and Lake accounted for 70 per cent of but markedly so in the Near world’s population. World Chad). Moreover, in several the combined total in 2010. It East, and Latin America and per capita food fish supply countries that are important in is apparent that, in the most the Caribbean. About 2 per cent increased from an average of terms of inland waters fishing important fishing nations, the of all motorized fishing vessels 9.9 kg (live weight equivalent) (for example, China), a good share of employment in capture corresponded to industrialized in the 1960s to 18.4 kg in 2009, portion of inland catches comes fisheries is stagnating or fishing vessels of 24 m and 51 and preliminary estimates for from water bodies that are decreasing while aquaculture larger (with a gross tonnage 2010 point to a further increase artificially restocked. is providing increased [GT] of roughly more than 100 in fish consumption to 18.6 kg. Global aquaculture opportunities. GT) and that fraction was larger Of the 126 mn tonnes available production has continued Apart from the primary in the Pacific and Oceania for human consumption in to grow, albeit more slowly production sector, fisheries and region, Europe, and North 2009, fish consumption was than in the 1980s and 1990s. aquaculture provide numerous America. lowest in Africa (9.1 mn tonnes, World aquaculture production jobs in ancillary activities such Data from some countries with 9.1 kg per capita), while attained another all-time as processing, packaging, indicate a recent expansion Asia accounted for two-thirds high in 2010, at 60 mn tonnes marketing and distribution, in their fleets. For example, of total consumption, with 85.4 (excluding aquatic plants and manufacturing of fish- the motorized fishing fleets mn tonnes (20.7 kg per capita), non-food products), with an processing equipment, net and in Malaysia, Cambodia and of which 42.8 mn tonnes were estimated total value of US$119 gear making, ice production Indonesia increased by 26, 19 consumed outside China (15.4 bn . When farmed aquatic and supply, boat construction and 11 per cent, respectively, kg per capita). plants and non-food products and maintenance, research between 2007 and 2009, Overall, global capture are included, world aquaculture and administration. All of this and Vietnam reported a 10 fisheries production continues production in 2010 was 79 mn employment, together with per cent increase in offshore to remain stable at about 90 tonnes, worth US$125 bn. dependants, is estimated to fishing vessels (those with mn tonnes, although there have Fisheries and aquaculture support the livelihoods of engines of more than 90 hp) been some marked changes provided livelihoods and 660–820 mn people, or about between 2008 and 2010. The in catch trends by country, income for an estimated 10–12 per cent of the world’s case of Sri Lanka illustrates fishing area and species. In the 54.8 mn people engaged in population. potential overshoot in efforts last seven years (2004–2010), the primary sector of fish The total number of fishing to re-establish a fishing landings of all marine species, production in 2010, of whom vessels in the world in 2010 is fleet, of which 44 per cent of except anchoveta only, ranged an estimated seven mn were estimated at about 4.36 mn, the motorized vessels were between 72.1 mn and 73.3 mn occasional fishers and fish which is similar to previous destroyed by the tsunami that tonnes. In contrast, the most farmers. Asia accounts for more estimates. Of these, 3.23 swept the region at the end dramatic changes, as usual, than 87 per cent of the world mn vessels (74 per cent) are of 2004, with the result that have been for anchoveta total, with China alone having considered to operate in marine by 2010 there were 11 per cent catches in the Southeast almost 14 mn people (26 per waters, with the remaining 1.13 more motorized vessels than Pacific, which decreased from cent of the world total) engaged mn vessels operating in inland before the tsunami. 10.7 mn tonnes in 2004 to 4.2 as fishers and fish farmers. Asia waters. Overall, Asia has the Many countries have mn tonnes in 2010. A marked is followed by Africa (more largest fleet, comprising 3.18 policies to reduce overcapacity decrease in anchoveta catches than 7 per cent), and Latin mn vessels and accounting in their fishing fleets. China’s by Peru in 2010 was largely a America and the Caribbean for 73 per cent of the world marine fishing vessel reduction result of management measures (3.6 per cent). About 16.6 mn total, followed by Africa (11 plan for 2003–2010 did achieve (for example, fishing closures) people (about 30 per cent of per cent), Latin America and a reduction by 2008 close to applied to protect the high the world total) were engaged the Caribbean (8 per cent), the target, but since then both number of juveniles present as in fish farming, and they were North America (3 per cent) and the number of vessels and total a consequence of the La Niña even more concentrated in Asia Europe (3 per cent). Globally, combined power have started contd...

JULY 2012 Roundup NEWS, EVENTS, BRIEFINGS AND MORE...... contd FLASHBACK to increase again. Japan implemented various schemes that resulted in a net reduction of 9 per cent in the number of vessels, Fishermen’s rights but a net increase of 5 per cent in combined power between 2005 and 2009. Other important fishing nations that achieved a net ilipino fishermen have suffered a great deal on Taiwanese reduction in fleet size in the period 2005–2010 include Iceland, Fboats. Living conditions on those boats were denounced Norway and the Republic of Korea. at the international seminar held in Manila last February. All —These excerpts are from The State of World Fisheries and over the world, unknown fishermen undergo the same or worse Aquaculture (SOFIA) 2012, published by FAO treatment and have no way to defend their basic rights. International agencies and governments do little or nothing INFOLOG: NEW RESOURCES AT ICSF to solve these problems. Industrial fleets have hurt small artisanal fishermen ICSF’s Documentation Centre (dc.icsf.net) has a range of information resources that are regularly updated. A selection: in numerous countries, Publications either directly Religion, Culture and Fisheries Co-management: A case of Kuruwitu by fishing in beach village in north coast Kenya their waters, Halinishi N. Yusuf, Graduate School of Development Studies, or indirectly, International Institute of Social Studies by negotiating with http://oaithesis.eur.nl/ir/repub/asset/10702/Halinishi_Yusuf_ governments Final_Research_Paper_16.11.2011.pdf to obtain larger This study looks at fisheries co-management and specifically fishing quotas. Many national organizations aspire to have a zone focuses on the role cultural repertoires and religion may have reserved for artisanal fishermen, and we can see the day when in influencing local community participation in fisheries co- that right will be universally accepted as a norm. management. Women do not participate in organizations and are generally Handbook for Improving Living and Working Conditions on Board kept in an inferior position. Even though they always participate Fishing Vessels. ILO, 2010 in the task of processing the catch, they are not allowed to occupy The handbook has been developed to assist competent authorities leadership positions. Also, governmental decision-making 52 and the representative organizations of employers and workers agencies do not accept the participation of fishworkers’ leaders, in the fishing sector gain a better understanding of the Work in who are, therefore, forced to use pressure tactics to be taken into Fishing Convention, 2007 (No. 188) and Recommendation No. 199 account. of the International Labour Organization (ILO). We can see some signs on the horizon that allow us to hope www.ilo.org/wcmsp5/groups/public/ed_dialogue/sector/ for a better day for fishworkers who lack basic rights. Chile documents/publication/wcms_162323.pdf has promulgated a law for fishing and aquaculture, which provides for the participation of representatives of fishermen’s Videos/CDs organizations in fishing councils. It also establishes a five-mile zone reserved for artisanal fishing, a fisheries development Grinding Nemo fund, and priority access to aquacultural concessions. Fishermen The Swedish Society for Nature Conservation (SSNC) and from Brazil, Ecuador, Mexico, Bolivia, Colombia, Senegal, the Swedwatch present Grinding Nemo and Do You Know What Your Philippines, India, Norway, France and other countries are Dinner Ate for Breakfast?, a film and a report, respectively, about active in their organizations to achieve better living and working reduction fisheries, the fisheries that grind perfectly fine food-fish conditions.This progress marks the beginning of a long and into fishmeal in order to supply the growing aquaculture industry. SSNC investigated trawl fisheries in Thailand, which supplies the difficult road that fishermen’s organizations will have to travel so-called trash fish to the fishmeal industry as well as anchoveta to ensure that their members are respected as human beings and fisheries and fishmeal production plants in Peru. In the Thai fishery can defend their sources of work threatened by pollution and several atrocities were discovered, including severe human-rights plunder. Fishermen and fishworkers of the entire world should abuse of illegal immigrant labour, and illegal trawling on coral reefs raise their voices to make room for the participation of women within marine protected areas. and demand from their governments reserved fishing areas. http://www.eeb.org/index.cfm/news-events/news/grinding- Credit and technical assistance should be channelled through nemo-new-film-and-report-unveil-the-filthy-fishmeal-industry- projects that are elaborated with the active participation of which-supplies-prawn-and-salmon-farms/ fishermen themselves at every step of the process. http://www.youtube.com/watch?v=MqW8V4Qjl1I —from the Comment in SAMUDRA Report No. 4, May 1991

ANNOUNCEMENTS

EVENTS 30th Anniversary of UNCLOS Korea Maritime Institute, in co-operation Global Partnership for Climate, with the Organizing Committee for the Fisheries and Aquaculture 11th meeting of the Conference of An international conference Expo 2012 Yeosu Korea. the Parties to the Convention on “Commemorating the 30th Anniversary of www.climatefi sh.org Biological Diversity the Opening for Signature of the United Nations Convention on the Law of the WEBSITES PaCFA is a voluntary global-level initiative 8 – 19 October 2012, Hyderabad, India among more than 20 international Sea” is being organized at the Yeosu World FAO at Rio+20 One of the agenda items of COP 11 is Expo, Republic of Korea, on 12 August organizations and sector bodies with Marine and Coastal Biological Diversity, 2012. www.fao.org/rioplus20/en/ a common concern for climate-change focusing on identifying ecologically or interactions with global waters and living biologically signifi cant marine and coastal The Conference is co-sponsored by the This website provides complete resources and their social and economic areas, and conducting an in-depth review United Nations (Division for Ocean Affairs information on FAO activities at Rio+20. consequences. of the Programme of Work on Island and the Law of the Sea, Offi ce of Legal It lists events as well as various Biodiversity. Affairs), the Ministry of Foreign Affairs reports from Rio, video interviews and and Trade of the Republic of Korea and the background documents.

SAMUDRA REPORT NO. 62 MIDA SARAGIH

Endquote

It is a fabulous place: when the tide is in, a wave-churned basin, creamy with foam, whipped by the combers that roll in from the whistling buouy on the reef. But when the tide goes out the little world becomes quiet and lovely. The sea is very clear and the bottom becomes fantastic with hurrying, fighting, feeding, breeding animals.

—from Cannery Row by John Steinbeck