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Chapter 1: Torres Strait, Torres Strait Islanders and Fishery Management

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This file is part of the following reference: Loban, Frank (2007) Ngalpun adhabath a goeygayil bangal (our sea, our future): an examination of Torres Strait Protected Zone Joint Authority principles and Torres Strait Islander needs and aspirations for the Torres Strait fisheries, from a Torres Strait Islander perspective. Masters (Research) thesis, James Cook University. Access to this file is available from: http://eprints.jcu.edu.au/4829 1 Ngalpun Adhabath A Goeygayil Bangal (Our Sea, Our Future): An examination of Torres Strait Protected Zone Joint Authority principles and Torres Strait Islander needs and aspirations for the Torres Strait fisheries, from a Torres Strait Islander perspective. Thesis submitted by Frank LOBAN BA (Justice) Qld in December 2007 for the degree of Masters of Indigenous Studies (Honours) in the School of Indigenous Australian Studies James Cook University 2 Dedication This thesis is dedicated to my family, my wife Lisa Jane, my sons Moigida Vino Ko and Simmie Alapasa Shinichi and daughter Dulcie Maniama Ai. Being a husband and a father has inspired me to strive for the best things in life for my family. This means fighting the battle for Zenadhaw Mabaygka and gaining social justice and regaining our rights to our seas, our lands and what is rightfully ours in this world. My wife and kids have always kept me going through this process and have always been by my side every step of the way. 3 STATEMENT OF ACCESS I, the undersigned, author of this work, understand that James Cook University will make this thesis available for use within the University Library and, via the Australian Digital Theses network, for use elsewhere. I understand that, as an unpublished work, a thesis has significant protection under the Copyright Act and; I do not wish to place any further restriction on access to this work. Signature Date 4 STATEMENT OF SOURCES DECLARATION I declare that this thesis is my own work and has not been submitted in any form for another degree or diploma at any university or other institution of tertiary education. Information derived from the published or unpublished work of others has been acknowledged in the text and a list of references is given. Signature Date 5 Statement on the Contributions of Others (2004 – 2007) This research project was supported by: Stipend support I received the Torres Strait Prestige Scholarship from the CRC – Torres Strait over two and half years and a School of Indigenous Australian Studies Scholarship for six months. Supervision Professor Paul Havemann: Head of School, School of Law, James Cook University, Townsville Campus Dr Mark Hamann: Research Fellow, School of Earth and Environmental Sciences, James Cook University, Townsville Campus Ms Felecia Watkin – Lui, Senior Lecturer, School of Indigenous Australian Studies, James Cook University, Cairns Campus Project Costs Project costs were funded by project monies from the CRC Reef Research, Townsville, School of Indigenous Australian Studies and School of Law. In-kind Support School of Indigenous Australian Studies and the School of Law offered a computer with internet, office space and a phone line during the period of the research. 6 Acknowledgements I firstly would like to acknowledge the traditional owners of the land James Cook University, Townsville Campus is situated from which a lot of my work was done was upon. I would also like to acknowledge the traditional owners of Zenadh Kes (Torres Strait); a lot of my work and qualitative research was centred on Zenadhaw Mabaygka (Torres Strait Islanders) and Zenadh Kes. A koey esso (big thanks) to all the mabaygal (people) in Zenadh Kes, especially those who participated with my research and the members of Community Fishermen’s Group who assisted gratefully. I appreciated your time, effort and guidance with your knowledge and your concerns. I would personally like to acknowledge and say koey esso to Awa (Uncle) Patrick Whap who has provided advice, guidance and has offered his services to me for free as a Kala Lagau Ya linguistic. Awa I am forever grateful for your contribution to my research project and thesis. I have enjoyed my time with you and we will hopefully continue our friendship long after this thesis is finished. Koey esso to my supervisors Professor Paul Havemann, Doctor Mark Hamann and Ms Felecia Watkin- Lui for their intellectual input and academic expertise. I would personally like to say thank you for allowing me an immense amount of flexibility throughout my candidature to address personal and academic priorities, especially with use of my traditional language throughout the writing of this thesis. I would like to pass on a koey esso to the CRC Reef Research and CRC – Torres Strait for the provision of project funding and the Torres Strait Prestige scholarship. Koey esso also to the staff and friends at the School of Indigenous Australian Studies Centre, James Cook University, Townsville Campus, School of Law, James Cook University, Townsville Campus and the Torres Strait Regional Authority, Thursday Island for their advice and support. I would also like to thank all the individuals and family who have provided me with advice, guidance and support for my research and family. I would like to thank by brothers and sisters for their support and especially, my mum and dad for their mental and financial support and also providing me with opportunities to gain tertiary education. There are too many names to mention, but without these mabaygal, I would have not been able to carry out this project. 7 Finally a heart felt thank you and love to my wife and kids for their unconditional support, love and encouragement. 8 ABSTRACT The UN Declaration on the Rights of Indigenous People: Articles 18, 23 and 26, states that an Indigenous person has the right to participate fully at all levels of decision making in matters which may affect their lives, they have the right to develop strategies for economic gains, and the right to own, develop, control and use of their lands including waters and coastal seas (Human Rights Council, 2006). Zenadhaw Mabaygka (Torres Strait Islanders) are traditional owners of the islands and seas that are located between the most northern point of Kie Daudai (Australia) and the western coast of Migi Daudai (Papua New Guinea). Occupation of the islands and seas in Zenadh Kes (Torres Strait) by Zenadhaw Mabaygka dates back almost 3000 years (Carter,2004). Their traditional knowledge of their environment has evolved over the generations. The current fishery governance regime in the Zenadh Kes, the Torres Strait Protected Zone Joint Authority or PZJA has a policy of maximizing the opportunities for Zenadhaw Mabaygka participation in all sectors of the fishing industry, and has limited non-islander participation in the Zenadh wapiw (Torres Strait fisheries). Since 1985 the PZJA has prevented further expansion by this group through the requirement that non-islanders must purchase an existing license to gain access to the fishery (PZJA Annual Report, 2002: 8). Growth in the Zenadh wapiw, where there is scope for expansion, has been reserved exclusively for Zenadhaw Mabaygka. However, Zenadhaw Mabaygka participation in the actual governance structure, where management decisions are made for the Zenadh wapiw, is that of an advisory role, not a decision-making role. Zenadhaw Mabaygka has an advisory role in the current fishery governance regime through the PZJA. The PZJA was established under the Torres Strait Treaty 1984 No. 4.This Treaty was negotiated between Kie Daudai and Migi Daudai in 1978 and ratified into Kie Daudai law in 1985. The Treaty recognizes the importance of protecting the traditional way of life as well as the livelihood of Zenadhaw Mabaygka. However, it fails to secure equal power and benefit sharing for its primary stakeholders, Zenadhaw Mabaygka. This principle is reflected throughout relevant Kie Daudai legislation and the PZJA. My thesis argues that the contemporary logic of this Treaty commitment to protect the way of life as well as the livelihood of Zenadhaw Mabaygka requires a governance regime that guarantees benefit sharing and that this guarantee can only be achieved through power sharing. Today the way of life and livelihoods of Zenadhaw Mabaygka must involve them fully in both traditional as well as the commercial 9 fisheries. To reflect contemporary economic reality and Zenadhaw Mabaygka aspirations the present governance regime requires a re-arrangement of governance mechanisms, a re- articulation of the guiding principles and a modest amendment to the enabling rules. The re-arrangements are needed to empower authentic participation in power sharing through decision-making processes that will accommodate Zenadhaw Mabaygka as key actors in the regime by acknowledging them as in the principal stakeholders in the fisheries. 10 CONTENTS Dedicat ion ..............................................................................................................................................2 STATEMENT OF ACCESS.....................................................................................................................3 STATEMENT OF SOURCES ..................................................................................................................4 DECLARATION ......................................................................................................................................4 Statement on the Contributions of Others (2004 – 2007) ...................................................................5
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