Introduction
Key Issues
Recommendations
Introduction
Rice and fish are the nutritional staples of Cambodia with fish and fish products estimated to contribute 75% of the dietary protein intake of the population. In addition, numerous studies have shown that local fisheries resources play a significant role in supporting rural livelihoods, especially for the poor.
The management of inland fisheries has been dominated by the fishing concession or lot system which numerous studies have shown to be characterized by conflicts often violent, with local communities. In addition, the management of fishing lots has been shown to be unable to prevent widespread illegal and destructive illegal fishing occurring within these lots and there have been serious irregularities with regard to collection of auction fees acknowledged by the Royal Government of Cambodian (RGC). Coastal fisheries resources have also been degraded by extensive illegal fishing and allocation of concessions such as shrimp, crab and salt farms in former mangrove areas. Authorities including the armed forces, police and fisheries officials are reported to be involved in either providing protection or direct involvement in illegal fishing in both inland and marine areas.
The RGC has taken significant steps to address governance of the fisheries sector. Officials have been transferred from senior fisheries posts and a new sub-decree has reallocated more than 56% of the areas formerly under fishing lots for family scale use. A new fisheries law is currently been drafted and a sub-decree on establishment of community fisheries has been developed incorporating an extensive consultation process. The NGO community welcomes these reforms and in particular encourages a partnership approach between the RGC and civil society to further implement this reform process. NGOs continue to act as a bridge between local people and the government in terms of sharing information, bringing local people to meet decision makers and lobbying fisheries officials for specific changes in fisheries management. The role of all civil society actors in supporting improved governance of the fisheries sector
must continue to be recognized and encouraged by the RGC and donor community.
Key Issues
Although the RGC has begun a welcomed and needed reform of the fisheries sector, there are still some issues arising as a result of this change, some of which are listed below:
- The removal of fishing areas from fishing lots, although a welcomed move in some provinces, has not included key fishing areas traditionally used by local
people. The released fishing areas include rice fields, villages, unproductive fishing grounds, areas that are difficult to access, and areas which have always been in the public domain. Local communities in many areas have not been properly informed of the changes, and powerful people are occupying some of these areas. In certain locations, local authorities, armed forces and fishing lot operators have ignored the sub-decree and prohibited local people from fishing in these areas, sometimes arresting them and taking them to court. Transparent procedures for determining fishing lot boundaries must be developed and implemented incorporating consultation with all local stakeholders especially local fishing communities. Once determined, the local communities need to be properly informed, and their right to fish in these areas recognized and protected by the local authorities.
- In addition, the fishing areas released from fishing lots have been restricted to use of family-scale fishing
gears. The current legal provisions for family-scale fishing gear were developed in 1987 and are now outdated. Few fishers are able to catch enough fish for subsistence using these fishing gears. As a result, most fishers use middle-scale fishing gears and are therefore excluded from the newly released fishing areas or are forced to fish in these areas illegally. The provisions for family-scale fishing gears must be updated as a priority to realize the potential of the reform process and to decriminalize people attempting to provide for their families.
- The extensive consultation process for the sub-decree on community fisheries although welcome was not conducted within a framework of
equality. Fisheries resources belong to the people of Cambodia, not the Government department responsible for their management. Local community views were poorly incorporated into the drafting process with little rational explanation for their exclusion. The drafting of the new fisheries law is currently being finalized; yet a transparent consultation process including all major stakeholders is yet to be implemented.
- Although the drafting of a new legal framework for fisheries is welcomed, the most important issue however is the selective implementation of existing laws generally in favor of commercial fishers at the expense of small-scale
fishers. The development of new laws is a futile exercise if their implementation at the local level cannot be expected to be fair or consistent. Local officials have been accused of blocking the flow of information and of direct involvement or protection of illegal fishing, and are viewed by many as working against the interests of the wider community for personal gain. Recognizing some of these problems, the government recently recalled fisheries officials from the field and allowed tax-free medium scale fishing. However, powerful and armed groups have been able to take advantage of this situation, to the detriment of the poor.
Recommendations
- The fisheries reform process has been a welcomed and unprecedented development. Donor support for this sector should be targeted at institutionalizing the reform process and monitoring its implementation at both the national and local levels and extended to all major fishing areas including the coastal zone. Support should be given to reorganization and training of the Department of Fisheries in order to build skills in facilitation of community-based fisheries management, using consultative methods that treat local fishing communities as equal partners.
- Both the RGC and donors providing technical assistance must recognize the need to incorporate stakeholder consultation in the drafting of the legal framework and policies for management of fisheries, starting from an early stage in the drafting. Stakeholder consultation should be compulsory and transparent procedures developed and implemented, at both local and national levels.
- Information on fisheries policies and local fishing boundaries must be disseminated to all stakeholders at all levels, including both small-scale and commercial fishers. This information must also be made available upon request.
- Senior and junior officials who knowingly fail to implement laws or are involved in supporting illegal fishing activities must be removed from any public position and prosecuted following the relevant laws. The mere transfer of officials within the RGC is contradictory to the development of good governance. Owners and managers of fishing lots who engage in illegal fishing or abuse the rights of local fishing communities should be similarly prosecuted and barred from bidding for fishing lots in the future.
- The legal provisions for family-scale fishing gear must be reviewed and amended, in consultation with local communities, to ensure that it meets subsistence livelihood needs.
- In areas continuing to experience fisheries conflict, fishing lot boundaries must be reviewed with the full consultation and participation of local fishing communities.
For more information concerning this issue, please contact:
The NGO Forum's Environment Working Group, Tel: 023 360 119,
Email: ngoforumewg@bigpond.com.kh |
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