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Expert Group Meeting on Voluntary Guidelines on Responsible Governance of Tenure of Land & other Natural Resources, FAO HQ, Rome[Italy], 24-25 November 2008. Voluntary Guide Lines & Fisheries; Herman Kumara, General Secretary, World Forum of Fisher Peoples’ [WFFP]

My presentation has 4 aspects; •

Pin point the Issues related to Coastal Land, access to the sea, and water bodies in various countries,



Collective efforts & consultations to over come them,



Proposals from the civil society organizations of fisheries for the Voluntary guidelines on responsible governance of tenure of land and other natural resources,



Way Forward,

At the very beginning however, I want to emphasis here the Right to Access, Management and Control of the water bodies and the coastal resources by the fisher communities are the key elements on Responsible Governance of Tenure of aquatic resources, water bodies & coastal lands. Social Movements, have proposed Rights Based Approach to fisheries as the key to defend and ensure these rights. Why? Fisher People and coastal communities are loosing the right to access to water bodies for their food, livelihoods, and sustain their families, while increasing the poverty, loosing their jobs, increasing the food insecurity and right to food. How? a. Loosing the access to water bodies due to; •

ITQ[Individual Transferable Quota system]- in South Africa, Chili, Canada,



MPAs [Marine Protected Areas] – in Indonesia,



Contract System of poor fishers –in Pakistan,

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b. Loosing right to use of coastal lands •

Land grabbing for tourism zones- Sri Lanka, Thailand,



Post tsunami[Post disaster] regulations which imposed by the governments in the name of Security, displacing the communities and loosing the customary rights of the coastal communities-India, Indonesia, Thailand, Sri Lanka[Tsunami, 26 December 2004] and the Philippines[Hurricane Frank].



Loosing women’s identity within fisheries when the development programs are in place.

c. Coastal Aquaculture •

Fisher people and coastal communities loose their land and customary rights, drinking water, access to the seas, lagoons, and water bodies which they were depending for centuries. -Honduras, Thailand, Indonesia, Bangladesh,

d. Coastal Development projects •

Construction of commercial harbours displacing the fisher communities and coastal dwellers loosing the right to livelihoods,- Sri Lanka, Thailand,



Golf Courts-Thailand,



Mining and oil explorations etc.

e. Civil war situations •

High Security Zones/ Restrictions to access to water bodies,



Land mines- Sri Lanka

f.

Privatization of coastal land and water bodies



Joint Venture fishing operations with MNC in EEZ-Sri Lanka, India, Philippines,



Tourism Zones-Thailand, Sri Lanka,

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Special Economic Zones-India, Sri Lanka

The Civil Society interventions for assert the rights of small scale, artisanal, indigenous fishing and coastal communities. In this context, civil society organizations, came up with some proposals for defend the sustenance of fishing and coastal communities on Rights Based Approach. There were series of consultations among social movements, trade unions, community based groups, NGOs, Academia, researchers and many other partners in the process, aiming at Asserting the Rights, Defining the Responsibilities from the perspectives of the small scale, artisanal, indigenous fishing communities,

 Consultation among ten South Asian & South/ East Asian countries held in Siem Reap at Cambodia.- May 2007[Bangladesh, India, Indonesia, Pakistan, Cambodia, Thailand, Malaysia, Philippines, Vietnam and Sri Lanka]  Consultation among seven Eastern and Southern African Countries held in Zanzibar, Tanzania. –June 2008[Kenya, Malawi, Mozambique, South Africa, Tanzania, Uganda and Zambia]  Consultation among Six Latin American Countries which was held in Chili. –August 2008[Chili, Honduras, Gauthamala,  E Mail Consultation among 30 WFFP member countries, aiming at the FAO convened Securing Sustainable Small Scale Fisheries Conference [4SSF] held at Bangkok, Thailand.- [July -September 2008].  Civil Society Statement of 4SSF preparatory Work Shop, with the participation of 60 countries with 106 civil society organizations which was held at Bangkok, Thailand.- October 2008. Some Key elements of the proposals; •

Privatization: Measures should be put in place immediately to curb privatization of fisheries including individual transferable quotas[ITQ], leasing of water bodies, beaches and habitat and all other forms of privatization – which is

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devastating fish stocks, limiting access, harming local coastal economic and concentrating ownership in the hands of few.



Industrial Fishing Measures should be put in place immediately prohibiting industrial fishing in inshore waters, on the grounds that they are damaging fish stocks, habitat, coastal communities and the livelihoods of small scale artisanal, indigenous fishers around the world. In off shore waters, the destructive practices of industrial fishing, including bottom trawling, dumping and discarding have a direct impact on the livelihoods of small scale fisheries and their coastal communities, and should be prohibited. Fishing for fishmeal should be effectively regulated.



Industrial Aquaculture State fisheries policies should reject industrial aquaculture, specially mono culture aquaculture such as salmons and prawns, which continue to devastate coastal habitat, coastal lands, water bodies, damage wild stocks, and destroy coastal livelihoods, and support should be given to small scale traditional aquaculture practices.



Tourism Measures should be developed which limit tourism development in places where it reduces access of small scale, artisanal and indigenous fisheries to traditional fishing grounds and coastlines.



Pollution Measures should be developed to address all forms of pollution that are degrading the marine and inland aquatic environment and thus progressively destroying the livelihoods of marine and inland fishing communities.



Conservation and Access rights Conservation initiatives including marine protected areas, coastal area management programs, should respect the rights of coastal communities to unhindered access to beaches, landing sites, and fishing grounds.



Gender Equality All the rights and freedoms that are agreed to as relevant for rights based approach to fisheries, should apply equally to all men & women of fishing communities.

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Fisheries Governance The management of inland and marine fishery resources should be devolved to the local level in the region. Programmes for devolution of fisheries management should be preceded and accompanied by capacity building programmes for fishers and fishing community organizations to enhance negotiating power as well as to build up capacity for responsible fisheries management. Decisions affecting the access and use of land and water bodies currently enjoyed by, or benefit to fishing communities, should be made with full and effective consultation and involvement of the fisher people and should proceed only with their full, prior and informed consent.



Human Rights, not property Rights A rights based approach to fisheries should recognize the customary rights, local knowledge, traditional systems and practices, and the right to access marine and inland resources of small scale, artisanal and indigenous fishing communities, as well as the right to land for homestead, fishery related and other livelihood related activities. Furthermore, such an approach should enhance collective, community –based access and management regimes. The fishing rights should not be treated as tradable commodity and they should be seen as an integral part of Human Rights. A Rights Based Approach to Fisheries Should not lead to the privatization of Fisheries Resources.

Way Forward: Future: •

We expect there should be regional consultations to get the wider participation of civil society as we experienced in the ICAARD process.



Fisheries Sector should be given the due consideration at all levels as fisheries and coastal resources are in danger of extinction.



More civil society participation should be ensured to get wider perspectives of the communities and the equal status for the CS should also be an important element of the same as ICAARD process.



There should be a mechanism to ensure all these efforts some how effectively implemented and not just voluntary guidelines to the governments.

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Thank You all. Herman Kumara, FAO, Rome, Italy. 25 November 2008,

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