Section C - Fisheries Sub-sector Reform: Fisheries management

1. Introduction CONTENT

As mentioned in the GAP, the government wishes to protect and develop natural resource in a context of increasing pressures from environmental, technical and human factors.

Below are some of the governance issues and challenges the government planned to address in the fisheries sub-sector in the GAP:
(1)    Developing a comprehensive legal framework that favors conservation and sustainable development
(2)    Building the capacity and enhancing the efficiency of the Fisheries Department.
(3)    Curbing excessive exploitation of the resource and controlling technological abuses 
(4)    Reducing conflicts on resource use. 

2. Summary of Progress in Fisheries Reform

The following summary of progress was prepared in February-March 2002 as the basis for further NGO discussions on the reforms.

As a first step to improving governance in the fisheries sub-sector, the government has reduced the area covered by fishing lots by 56%.  The support of the Prime Minister was critical in bringing about this reform.  About 170 fishery communities have been created. While a number of policy changes have been introduced, much remains to be done to address conflict issues among the many users of the fisheries and their habitat. A new fisheries law is being prepared to enhance conservation and development efforts in the light of current and foreseeable needs. 

The progress report in the matrix below was prepared by the General-Secretariat of the Council for Administrative Reform (CAR) GAP monitoring unit in December 2001. The CAR received information on all reform areas in the GAP and summarized its findings in the progress report.

Progress in Fisheries Reform*

Actions To Take
ST: Short term (within 1 year)
MT: Medium term (in 2-3 years)

Current Status
(1) Finalize the preparation of the new fisheries law and forward to the Council of Ministers and the National Assembly and Senate by end 2001 (ST)

Not yet

First draft completed after internal seminar; consultations with local communities and external partners over coming months;

Law to be further discussed inter-ministerially for completion and submission to CoM by end of 2002; law will be submitted to NA and Senate in early 2003.

-Sub-decree on co-management and fishing lots are awaiting approval.
(2) Develop a restructuring and capacity building program and once approved by the Ministry, start implementation (ST)

In process

Capacity Building Programme in place for whole ministry; involves training and equipment for Department of Fisheries.

-First draft of structural reorganisation and will be finalised in early 2002; consultations are underway.
(3) Develop the Fisheries Master Plan including the establishment of Community Fisheries Development Offices in the Central Department and related units at the provincial level (ST)

In process

First draft completed (April 2001) to be finalised in 2002; consultations are underway; National Workshop planned for 2003.

165 communities have been established, the remaining ones will be in the near future.

The Community Fisheries Development Office has been established and Community Fisheries Development Section have in each province.
(4) Capacity building and human resource development (MT)

In process

Underway as part of Ministry’s Capacity Building Plan; some 30 MSc/PhD now in training will join Dept in 2002 (in addition to 30 already on staff).
(5) Establish Communities Fisheries Committees in all provinces, especially in lot areas that have been released to communities. (MT)

In process

Training of Trainers underway; Supervisors already trained; already over half of the committees have been set up.  Due to lack of human resources, partnership and funds, the organization process of the community will take a little more time.
(6) Implement a fisheries management program that promotes the conservation and rebuilding of stocks and the sustainable development of the sector, including the establishment of the Inland Fisheries Institute (MT)

In process

Consultations on conservation (fish sanctuaries) underway; enforcement and maintenance tools being developed;

Specification of IFRI has been finalised;

Tender document has been prepared; bidding to be held under international supervision.
(7) Prepare a long-term strategy to further develop the fisheries sector (MT)

In process

Strategy is part of Master Plan now under development; will be updated if, when necessary.

* Source: Council for Administrative Reform (December 11, 2001), “GAP Progress Report”  
Information in italics has been added. 

3. Summary of NGO involvement in the Fishery Sub-sector Reform CONTENT

NGO involvement in the fisheries reform comes from the Environment Forum of the NGO Forum on Cambodia, the Fisheries Action Coalition Team (FACT), the NGO Working Group on Fishery Law, and NGOs like CEPA, CAA, AS, and many other individual NGOs and coalitions. 

FACT is a coalition of NGOs involving in fisheries made up nine Cambodian NGO representatives from both national and international NGOs. Its members are local staff committed to do advocacy in fisheries. 

To effectively contribute to legal framework development, especially in contributing to a new law on fisheries, a coalition of local and international NGOs, the NGO Working Group on Fishery Law, was created. 

Non-Governmental Organizations (NGOs) that have been implementing community development projects in fishing areas where conflicts have arisen have provided support to the local people to advocate the return of fishing grounds to the local people. 

Research and documentation

-   Collection of the information in fisheries, establishing database on livelihoods and fisheries related issues and conducting research. 

Training and capacity building for local staff from different NGOs, community fisheries leaders involved in fisheries

-   Training has been given to local NGO staff in order for them to be able to help fishery community people to do advocacy on fisheries issues.

-   Building up of the capacity of independent fishery community leaders and strengthening the grassroots organizations in order for them to advocate their own needs to the government and donors on issues that still affect their livelihoods. 

Monitoring of the implementation of the fisheries sector reform

-   Informing government agencies, policy makers and donors about the issues at the ground and to seek alternative solutions for these issues. 

Forum for discussions and liasion with government

-   Helping local people to liaise with the government, by providing fora where local people can meet government, donors and media. 

Participation in policy formulation and Advocacy

-   Collaborating with government institutions, the fisheries department and offices in organising community fisheries,

-   Participating in giving inputs to law and regulations on fisheries, including the sub-decree on community fisheries.

-   Advocate government and donors to explore alternatives for fishing communities in order to improve their livelihoods. 

NGOs involved in this sub-sector reform have observed some issues need to be addressed: 

4. Issues Raised by NGOs About Fisheries Reform CONTENT

  • The most notable reform action taken by the government was the reduction of fishing lots.  However, decisions made at national level have so far been poorly carried out at the local level, due to low capacity to implement the changes and vested local power interests.

  • Frustration with the consultation process on sub-decree on fishery community: While there were extensive consultations, NGOs and community leaders felt that their inputs were mostly ignored.  After the consultation, MAFF made significant changes to the sub-decree without public participation.

  • Traditional approaches continue to prevail in the government, which view the ordinary people as the culprits but not as the ones that can help in protecting and preserving the fisheries resources.

  • Slow process of making a new fisheries law: An outdated fisheries law promulgated in 1987 during the SOC regime is still in use. A consultant of the World Bank drafted a new law at the end of 1999, and an internal consultation within the Department of Fisheries was completed. The delay in stakeholder consultations appears to be mainly due to communication problems between the Department and World Bank.

  • Information about reform and the reform actions stay at the central level, but are hardly implemented by local authorities and institutions.

  • Problems exist in line of commands. It seems that decisions made at national level are followed reluctantly by the provincial levels. The Provincial Office of Fisheries has to listen to two lines of commands: DoF and DoAFF. Sometimes they have problems in executing decisions of the DoF as they lack the of support of DoAFF. This becomes especially difficult when there are no executive regulations such as Sub-decrees and Prakas to follow.

  • Rush in establishing community fisheries as the result of the sudden announcement by the government on the reduction of fishing lots. The question of how the fishing areas where fishing lots were abolished or reduced can be managed is a real concern to the DoF. Therefore, parallel to the reduction of the fishing lots, the DoF rushed to form community fisheries without proper legal or institutional frameworks. The DoF has also admitted the shortcomings in the creation of the 170 fishery communities to date.

  • Lack of adequate capacity building for the reform actions.

5. NGO Recommendations on Fisheries Reform CONTENT

Recommendations to government:

  • The reform process should place at its central purpose the following three elements:

1.  The sustainable management and conservation of fisheries resources and wetland ecosystems.

2.  Poverty alleviation and fair and equitable access to fisheries resources.

3.  Improved communication, negotiation, transparency and probity in the process and application of governance over natural resources and land management.

  • Adoption and issuance of a Sub-decree on Fisheries Community based on the version that went through substantial consultation over one year with community people and concerned NGOs before the end of June 2002. A Prakas on community fisheries could be issued as a short-term solution so that existing negative consequences of mismanagement of fisheries resources can be minimised.

  • Proper consultation with concerned stakeholders on the new fisheries law and its passage as short-term priority action.

  • Make clear guidelines and procedures for community fisheries.

Recommendations to donors:

As specific time-bound recommendations for donors to consider we suggest:

  • The strongest possible encouragement of the Department of Fisheries to initiate a published process for consultation with stakeholders on the new sub-decree on community fisheries and the new fisheries law. This process should be devised, published and begun before the next meeting of the Consultative Group in June 2002.

  • Conduct a review of existing donor funding in the fisheries sector to facilitate the allocation of new funds or refocusing of existing finance and technical support toward capacity building within the following:

1.  The Department of Fisheries, Community Fisheries Development Office and Provincial Fisheries Offices, as part of a strategic program to develop community fisheries and co-management.

2.  Projects to assist local communities to participate effectively in co-management highlighting both rights and responsibilities.

  • Work with the RGC to conduct an urgent review of the impact of recent reforms on rural livelihoods and the sustainability of the fisheries.

  • Propose and provide the necessary support for the application of performance bonds for fishing lot owners.

  • Donor support to ensure the development of a new fisheries law with full participation of stakeholders and community representatives and a clear timeframe and to build capacity to ensure that law enforcement is improved.

  • To address transparency, donors should encourage the Government to involve communities in laws and decision making processes and work towards conflict resolution strategies.

  • To address coordination between government agencies, the donors should help to encourage the government agencies to work together through an inter ministerial committee to engage in a constructive dialogue.

  • To relieve pressures on fish stocks and other wetland resources, support is needed to identify and develop alternative livelihoods.

  • To encourage the RGC to publish a clear, time-bound process for full consultation with local communities and civil society with the input and support of donors. Such consultation will be the first step toward the effective development of a system of co-management.

  • As part of the process of consultation and development of the new sub-decree and proposed new Fisheries law there is a consultative review of the areas for community fisheries and the guidelines for family fishing - including a review of the fishing gear permissible and sale of fish.  

Recommendations to NGOs:

  • NGOs need to invest more time and money into supporting community fisheries.

  • Continue to participate in policy and legal framework development, especially in giving inputs to the sub-decree on fishery community, new fishery law.

  • Help build the ability of fishers to represent their own rights and contribute to policy formulation.

  • Try to get access to information pertaining to fisheries reform.

  • Help in disseminating information on fishery sub-sector reform, especially to the local government officers to be aware of the reform.

  • Collaborate with competent authorities to ensure enforcement of the existing and new laws and regulations covering fisheries management.

  • Organise public awareness and education campaigns on fisheries reform.

  • Participate in organising and capacity building of fishery communities.

Further NGO recommendations related to fisheries reform may be found in the Fisheries sectoral paper of the NGO Statement to the 2002 CG Meeting.