COUNCIL FOR THE DEVELOPMENT OF CAMBODIA (CDC)


Fisheries

(i) Introduction The fishery sector of Cambodia is exceptionally productive and has great potential to contribute to food security and poverty alleviation. In Cambodia’s “pro-poor” Trade Strategy, fisheries have been envisaged as one of the sectors whose export potential should be enhanced. Fish and access to fisheries are vital to the Cambodian poor. The fair and equitable distribution of these resources, and their effective long-term conservation, are vital to the food security and livelihoods of rural Cambodians. The government is reforming the fisheries sector, with the intention of improving access of the poor to fisheries in order to combat poverty and of improving the governance of the fisheries sector. The release of 56% of freshwater fishing ground for communities to establish community fisheries has been supported by local communities and international donors and has partly reduced the escalating level of conflicts and illegal fishing in many fishing areas. The Sub decree on Community Fisheries was drafted in the early stages of the fisheries reform to support the establishment of community fisheries, but is still not complete. The same applies for the new draft of the Fisheries Law. Recently, the Asian Development Bank (ADB) has proposed providing a major loan to the government for community fisheries development. Non-Governmental Organizations (NGOs) working in Cambodia applaud and fully support the action taken by the Royal Government of Cambodia. NGOs have been providing support to the establishment of community fisheries and have advocated to donors and government the involvement of local community representatives in the policy discussions. However, there have been some unforeseen problems that are still occurring undermining the goal of poverty alleviation and equitable sharing of benefits. (ii) Key Issues 1. Governance Issues The current fisheries management suffers from a number of problems that are clearly related to governance issues. These include corruption, low financial or other direct economic return, no clear new laws, poor communication and cooperation between government agencies, no clear penalties or mechanism for enforcement and lack of community involvement. Corruption has been widespread throughout the fisheries sector, which is a result of low salaries for government employees, poor management and a weak legal system. The process by which people bid for fishing lots is not transparent. It involves many transactions that raise the cost for the fishing lots without also raising the real benefit that reaches the national government. Failure to engage communities in conserving resources stems at least in part from the grossly inequitable distribution of the economic and social benefits of the fisheries. There is no incentive for the poorest to desist from damaging actions, as they have few alternatives and no stake in the resource protection. 2. Fisheries Legislations Following the distribution of an initial draft of the Community Fisheries Sub-decree, some consultation was undertaken with local fishing communities. Following that there have been substantial and fundamental changes made to the draft sub-decree without public consultation. As result, local communities continue to feel excluded from any meaningful process of consultation regarding the community fisheries sub-decree. Without any sense of involvement and stake in decision-making, it is believed that conflicts and unsustainable and illegal fishing practices will continue and that the gap between laws and their implementation will remain. The current Fishery Law is considered inadequate and unenforceable. The World Bank helped the Department of Fisheries produce a draft Fisheries Law in 1999. This draft is currently being reviewed and revised within the Department of Fisheries. The donor community and concerned stakeholders have not yet had a chance to see or comment on the draft law and are awaiting the opportunity. 3. The release of fishing lots to local communities The government has released 56% of the commercial fishing lots to local communities. While this is welcome, there was no public consultation nor government review to determine which areas should be released in order to reap the greatest benefit for the poorest rural communities. The areas were released not on the basis of local need but on the basis of their value, as determined by the auction system. It was largely the lots valued at less than 30 million Riels that were handed back to communities. By definition, these are some of the least productive areas and include areas that are land - rather than water — for much of the year. More specifically, efforts by local communities to conserve fish stocks in these areas are undermined, as during the dry season fish migrate to the deeper areas within the boundaries of the remaining commercial lots, thus creating a sense in some areas that communities are working, at least in part, for the benefit of lot owners rather than for their own welfare. Some communities also have responsibility for managing areas that are distant from the local community. This sometimes entails them having to cross guarded fishing lots in order to reach the community areas. The very fast pace in which the release of the fishing lots happened last year made it impossible to implement community fisheries effectively in the new community areas, as the necessary information and technical knowledge simply did not exist We should learn from this experience and ensure that there is the necessary support and capacity for effective community participation in the future. This will require action now, leaving it until the sub-decree or other laws are in place will create further confusion and conflicts. Poor cooperation between the Department of Fisheries and local authorities has turned out to be a barrier for establishing community fisheries. Some community fisheries have not been recognized by local authorities after they were established, presumably because the local authorities fear loss of income from the fisheries and are therefore actively working against community fisheries initiatives. Military and police elements are often involved in the protection of illegal fishing operations. Over a short period of time, a large number of community fisheries have been established regardless of the quality. To some extent, these communities lack power over the community areas. Illegal fishing activities still happen in these areas and communities have no legal right to stop or arrest them. 4. Continuing Conflicts and Illegal Fishing The current fisheries policy reforms were made partly in response to the increase of conflicts in the fisheries sector. Despite the release of the fishing grounds for community use, these conflicts are not over, illegal fishing is still a major issue, is widespread, and is depriving poor fishers of an essential resource. In fact, illegal fishing activities increased right after the reforms began and especially during the temporary removal of fisheries officials from the fishing grounds. (iii) Recommendations We are requesting all interested parties to encourage the Royal Government of Cambodia to publish a clear, time-bound process for full consultation on the fisheries legislation with local communities and civil society, with the input and support of donors. Conduct an urgent review of the impact of recent reforms on rural livelihoods and the sustainability of the fisheries. Donors should support projects to assist local communities to participate effectively in community fisheries, highlighting both rights and responsibilities. As needed, efforts should be made to provide support to build the capacity of the Department of Fisheries to facilitate the organization of community fisheries. \| Content\| Back \| Top \| Next \|