Table of Content

I. Introduction
                                                                                                           
II. Background Information                                                                                     
1.  Population                                                                                                             
2.  Fishery Resources                                                                                                 
3.  Wetlands                   
                                                                                            
III. The Threats to Fisheries in Cambodia     
                                       
IV. Recent Threats to Fisheries in Stung Treng                                         
1. Background to the Fishery Conflict in Stung Treng                             
2. Illegal Fishing Concession                                                                            
3. Illegal Activities by Concessionaires                                                 
4. Impacts of the Fishery Concession                                                     
4.1 Impacts on Fishery Resources and the Environment                         
4.2 Impact on Food Security                                                                   

V. Community Fisheries: Why Community Fisheries are Preferable     

VI. Conclusion

Review of the Fishery Conflict in Stung Treng

I. Introduction

In Stung Treng, fishing concessions have been granted to private companies. An alarming conflict is now developing over the fishery resources, between the local people and those who make the profits.  Under the law, the granting of these fishery concessions is illegal. The fees generated from these concessions mainly go to individual pockets rather than to the national revenue. The private companies have denied people's access to fishing in these areas. As a result, the food security and people's livelihood will be affected by the concessions.

This report gives background information on Stung Treng and its natural resources, and details of the recent conflict over fishery resources. The exploitation of the fishery resources remains underway, although various regulations and laws protecting the natural resources are in place. The sale and the blocking of streams with small-holed fishing nets will deplete the fishery resources completely in the future. The concessions have impeded efforts by NGOs to help villagers better manage natural resources through community fishery projects.  An effort is now being made by NGOs, in collaboration with Government, to combat such practices and ensure that they do not reoccur. 

II. Background Information

1. Population

Stung Treng province, which covers an area of 11,092 km², is a remote and sparsely populated province in the northeast of Cambodia. It borders Lao to the north, Ratanakiri to the east, Preah Vihear to the west and Kratie and Kompong Thom to the south. The province is divided into five district, 34 communes and 128 villages.

Stung Treng is a unique province quite distinct from other Cambodian provinces in the Mekong basin. It is characterized by extensive forest cover, intersecting rivers and streams, and low population density.

The population of Stung Treng constitutes just 0.7% of Cambodia's population.  The population density is 7 people per square kilometer, which is nine times less than the national density. As the population is low and the province is endowed with natural resources, the in-migration rate is very high. This fact has been proven by the population census in 1998, which shows that 19.4% of the province's population has migrated from outside, of which male migrants constitute 55%. The most commonly stated reasons for in-migration were moving with family, followed by searching for livelihood.

Similar with other provinces, the female population is higher than the male population. The result of the census in 1998 demonstrates that 50.5% of the population is female. In Stung Treng, about 79.4% of the population are involved in the agriculture sector. The secondary and tertiary sectors account for 2.4% and 18.2% respectively1.

2. Fishery Resources

Stung Treng is rich in natural resources and rivers, with more forestry, wildlife, minerals and aquatic resources than other provinces. The Mekong and Sekong Rivers meet in Stung Treng Town. There are two other rivers, Sesan and Srepork, which flow into the Mekong mainstream. Four rivers together with many streams create a good environment for fisheries and people.

The Mekong River flows through Stung Treng province from the north to the south. Differing from other provinces in the south, the rivers in Stung Treng are upland rivers characterized by rocky beds and sandy islands. In this area, there are a lot of large fish spawning and breeding grounds, with many fish species2.  There is a unique type of open forest growing on the sandy and rocky islands within the channels of the Mekong. These flooded open forests are a very rare habitat, occurring in very few other places in Asia.

The flooded forests, although open, provide a very structured environment and may be important as refuge areas at times of high water for young fishes. The area is a rich source of food for both fish moving into the area to feed on fruits, leaves and detritus and for fish fed by the export of detritus downstream3.

As a diversifed ecosystem, Stung Treng province is believed to be a habitat for many fish species.  It is the breeding ground and important habitat for a local fish species known as Pa Se Y, which is an endangered species not found in other provinces. Recently, a new species of giant gourami has been found in the area and it is probable that many other species occurring here have yet to be described. Approximately 100 species of fish are found in the area, at least 50 of which are of importance to the fishing industry4.

About 90% of the provinces population live along the rivers and streams and rely on fish for food security and subsistence livelihoods. Fish is the major source of protein and food security for people in Stung Treng.  Some fish species are spawned in Stung Treng and then migrate to the Great Lake Tonle Sap before returning to Stung Treng to spawn their offspring.  Thus reducing the fish stock in Stung Treng also affects the fish stock of the Great Lake Tonle Sap.

The fresh fish production in Stung Treng accounts for about 0.2% of the national fresh water fish production5.

3.  Wetlands

Cambodia is abundant in wetland resources, which cover more than 30% of the total area. Stung Treng province is among one of three important wetland areas in Cambodia.

The 37 kilometer stretch of the Mekong River from the north of Stung Treng to the Lao border is categorized as a Ramsar site. This is one of three Ramsar sites designated by the Royal government. It is located in two districts, Talaboriwat and Stung Treng district, extending 500 meters along both sides of the bank of the Mekong River until the Cambodian-Laos border. It is characterized by strong flow with numerous channels between rocky and sandy islands that are completely inundated during high water, and also higher islands that do not get inundated6.

This area has an abundance of flooded forests with large and medium size trees standing in the middle of the Mekong River, extending from the north of Talaboriwat district to the Cambodian-Laos border. It is a fish spawning ground of many species including Pa Se Y7.

The wetlands in Stung Treng support thousands of people with food, water, aquatic products and timber and non-timber products from its riparian and flooded forests, as well as providing an efficient medium for transport8.  

III. The Threats to Fisheries in Cambodia

By the 1990s, fishing in Cambodia had reached the point of diminishing returns. Many fish populations have fallen to levels from which they can no longer recover without significant reductions in the catches or a moratorium on fishing. There are simply too many people catching too many fish. Many people in Cambodia, especially in Stung Treng are dependent on fisheries for their livelihood. For them, fishing is a way of life, not just a source of income.

Traditionally, small-scale or artisanal fishers have provided fish for local consumption; but as fish become scarce and their value increases, it enters the global market and becomes unaffordable for common people. In the process, people are displaced and the private fishing companies take over completely.

The fish yield has declined not just in the Great Lake Tonle Sap but in the breeding and spawning grounds in Stung Treng as well. In the Mekong River system as a whole, there are 1200 known fish species9. Out of these, 500 species are reported to have resided the freshwater bodies of Cambodia. However, a recent study found only 100 species now present around the Great Lake and adjacent rivers10a.  Another source indicates that around 300 of the 500 fish species in Great Lake Tonle Sap have diappeared10b.

Encroachment and destructive practices are having an impact on the existing 700 000 ha of flooded forest in Cambodia. The flooded areas are becoming smaller and the flooding times are becoming shorter, which may cause a reduction in fish species, especially highly migratory ones. There was a rapid reduction of the flooded forest over the 1980s and 1990s. The loss of the flooded forest has deteriorated the fish stock. The flooded forest, especially around Tonle Sap, is valuable for fish. About 50% of the flooded forest around Tonle Sap has been rapidly destroyed, including 90% of the flood forests in Chnok Tru of Kompong Chhnang, which have been exploited intensively11.

In addition, illegal fishing activities remain a great concern in the fisheries sector and still continue, especially in Kratie and Stung Treng Provinces. The materials used for illegal fishing include electrical shocks, explosive materials, pesticide, modern machinery fishing tools and fishing nets with small holes.

Throughout Cambodia, the military, police, local authorities, rich people and fisheries officials have all allegedly been involved in illegal fishing activities. There are a variety of ways in which these people are involved.  The military and police sometimes carry out illegal fishing directly; for instance they use grenades and TNT powder to explode the fish in the rivers, especially in Stung Treng.  In Stung Treng, the military and police also used pesticide to kill fish. Illegal fishing activities are often committed with support from local authorities and gunmen. Competition to maximize the catch from the common pool of resources by the fishermen, concession owners and others has led to over-fishing and destructive fishing methods12.  

IV. Recent Threats to Fisheries in Stung Treng

1.      Background to the Fishery Conflict in Stung Treng

Illegal fishing has been widespread in Stung Treng, and this has affected the fisheries and local people's livelihoods. But what is most surprising is that the provincial authority has sold off streams to private companies. The companies have denied the local people access to these streams for fishing and subsistence living.

O'Talas and O'Kleang are among the streams that were sold and blocked off by private companies for fishing.  The most conflict has occurred around O'Talas, which covers a fishing community supported by the local NGO Culture and Environment Preservation Association (CEPA) and the Ramsar site. The provincial and district authorities are involved in the management of O'Talas and O"Kleang as these streams are large and abundant in fish and aquatic products. The rest of the streams, such as O'Save, O'Romeath, O'Resronok and two other streams in Siembok district, which are considered as medium and small streams, are dealt with at district and commune levels. Some of these streams are located in the fishery communities supported by the NGO Community Aid Abroad (CAA).

Every year since 1995, except 1997, the streams, especially O'Talas, were sold to private companies. The current fishing lot owners, Ek Kimseng who bought O'Talas and a Vietnamese who bought O'Kleang, are supported by military and police. Armed men from the military and police, have threatened villagers who have tried to complain to high ranking provincial authorities. Ek Kimseng also occupied O'Talas in 1998 and 1999, but it is unclear who occupied OTalas in 1995 and 1996.  As for O'Kleang, the record of who occupied the stream before 1999 is not avaliable13.

According to CEPA's interview with a provincial fishery official, the sale of O'Talas and O'Kleang obtained 9 million riels from the private companies. About 4 million riels were allocated to the provincial treasury and the remaining was distributed to the district and commune offices. The estimated fish catch from the stream is around 30 tons per year with half the catch categorized as first quality fish. CEPA's interview with the commune chief of Koh Sneng also revealed that the fishing lot owners provided some money for repairing the commune office and school desks as well. For instance, in 1998, the fishing lot owner distributed 20 desks to a local school and this year they promised a ton of cement14.

Local communities from 8 communes in Stung Treng rely on O'Talas for fishing for their living. Facing these problems, villagers wrote a petition to the Provincial Governor asking him to intervene in order for them to have access to fishing in the stream. Following the complaint, a provincial level meeting with the participation of relevant provincial departments and district authorities was held to discuss the conflict. The authorities at all levels in the province accepted the fact that the concessions are illegal but suggested that all in the province should help keep this a secret15.

CEPA, CAA and the NGO Partnership for Development (PFD) have assisted local villagers to speak to the authorities on this issue. In return, armed men intimidated NGO staff and villagers. But the people and NGOs are committed to advocate on this issue and believe that, although so far they are unsuccessful, in the future justice will prevail. People have shown their willingness to continue struggling against this kind of activity, as they believe that it is illegal and that the central government will not ignore it16.

2.   Illegal Fishing Concession

As a remote and sparsely populated province, Stung Treng has many problems related to fisheries. Previously, the provincial fishery department expressed their difficulty in controlling fishery in the province as widespread illegal activity took place. Most of the illegal fishing activities taking place are guarded by gunmen including police and military, in contravention of the kret (decrees) and prakas (declarations) which have been issued to stop these activities.

The granting of fishery concessions by provincial authorities over streams in Stung Treng, including O'Talas and O'Kleang, is illegal because:

·        According to the Fishery Law, only the national Department of Fisheries has jurisdiction over fishing and the management of fishery resources in the area. Fishing lots can be defined only by the Ministry of Agriculture, Forestry and Fisheries (Department of Fisheries). The provincial Department of Fisheries has no authority to grant exclusive fishing rights to anyone without the consent of the central Department of Fisheries17.

·        Stung Treng is declared as a protected fishing domain area. The Fishery Law allows fishing in this area only for small scale family fishing and middle scale fishing. The middle scale fishing can take place only if a fishing license has been granted and only during the fishing season from 1^st October to 31^st May.  Exclusive concessions are not allowed18.

·        Part of O'Talas is located in the Ramsar site area. The Kingdom of Cambodia has passed a law to support accession to the international Ramsar Convention.  Cambodia is bound by this international convention to manage the designated sites in accordance with certain requirements. Article 3.1 of the convention states that the contracting parties should formulate and implement their planning so as to promote the conservation of the wetlands in their territory, and as far as possible the wise use of all wetlands included in the list 19. Therefore, this area is the responsibility not only of the Stung Treng and Cambodian government but also of the international community, with the national government having the role of managing the area. The law on the adoption of the convention by the government states that the Royal Government of Cambodia shall proceed to prepare procedures for implementing this convention20.

·        The declaration No.2 signed by the Prime Minister on 10 May 1999 states that authorities at all levels, the Royal Cambodia Armed Forces (RCAF) and the relevant competent authorities must cooperate with the competent fishery officials to crack down on illegal sale to private fishery owners of fishery protection areas and fishery reserved areas, which are confined to family fishing21.

3.      Illegal Activities by Concessionaires

The streams were blocked off with a local fishing net known as Magn or River Pelagie Trawl with a small net of 1.5 cm of the hole stretching across the river from October to April, until the natural flow of water from the streams into the Mekong River stopped due to the dry season. When the water stopped flowing into the Mekong River, they poured pesticides into the streams to kill all aquatic life. At the mouth of the stream they deployed a soldier to prevent people accessing the stream22.

Deploying soldiers at the streams without permission, preventing people's access to the streams for traditional fishing, and threatening innocent people are violations of the rights of the people and contradictory to the Constitution.

The fishing concessions were granted by the provincial authority. There was no fishing license issued by the Department of Fishery for these concessions at all. Article 7 in the Fishery Law states that all kinds of fishing in the fishery domain authorized by any authority without permission through the appropriate channels and contrary to the regulations are forbidden. The fishing concessions granted in Stung Treng were issued in contradiction to the Fishery Sub-decree, and were handled in a secret way. Article 1.1 and 1.2 of Fishery Sub-decree respectively state that hiring of fishing lots must be carried out through auction and fishing in the protected fishery domain for middle scale fishing must be implemented according to a fee formulated by the kind and size of fishing gear23. In addition, the community was unaware of the concession and they were not informed at all until the fishing concessionaires stopped them from entering the stream for fishing.

Ek Kimseng is a military chief of the provincial Finance Department. On the other hand, he is a fishing concessionaire. The Fishery Sub-decree, Article 6 states that all Cambodians except government seniors, officers and employees, have the right to attend the auction of fishing lots in any province. However, he obviously has the power and the money necessary to act contrary to the law24.

Using pesticides to kill fish is illegal under the Fishery Law.  Article 17A of the fishery law states that it is absolutely prohibited for all kinds of fishing in the inland fishery domain to use destructive fishing gears such as electrocuted fishing gear, explosives, ammunition or all kinds of poison25. Using pesticide for fishing is both harmful to human health and to the environment. It is also contradictory to the Sub-decree on Water Pollution Control, in which Article 8 states that it is prohibited to dump liquid waste, solid waste and hazardous compounds into the public water body or sewage system26.

The stretching of nets across a stream from one side to the other is considered a harmful practice, as it could catch all types of aquatic life. The Fishery Law, Article 18, forbids the catching, setting traps or transportation of fingerlings, fish eggs, crocodiles, giant catfishs, probatus jullieni fish and grossochilus.  Article 13 of the Fishery Law also states that it is absolutely prohibited to use in a protected fishery domain any kind of fishing gear combined with bamboo fences of more than 50 meters length, or extended more than two-thirds of the width of the navigable channel, or causing obstacle to the passage of any kind of vessel27.

There are reportedly other illegal fishing activities performed by the fishing lot owners but the details are not available at the moment. Although they know it is illegal, they ignore and violate the law. These activities should not be allowed in the future and the law must be enforced and implemented.

4.      Impacts of the Fishery Concessions

4.1  Impacts on Fishery Resources and the Environment

Based on the estimation of fishery experts, the concessions could affect up to 30% of the fish in the Mekong if the streams were blocked off during the spawning seasons28. The small-holed fishing nets can catch even small fingerlings. The pesticides kill all living organisms in the stream.

The streams were blocked from October to April. Within this time period, all the fish, both large and small, could not escape from the small-holed fishing nets. The long fishing period could allow the concessionaires enough time to gather almost all fish from the streams. And the period from May to August is too short for the fish to repopulate the area. The fish would again be caught before becoming larger. The fish breeding cycle would be affected by the long presence of the fishing concessions.

In connection with this concern, local people observe that there has been a decline in fish production from year to year since the streams were blocked off. They used to fish around  2 to 3 kilograms within a hour but now even after a whole day they can only catch around half a kilogram. They blamed the blocking of the streams for causing this decline.

At present, the problem has reached this far. If the problem continues in the future, it is believed that the spawning and breeding grounds in Stung Treng will disappear, and that will affect the fishing in the Great Lake Tonle Sap and the country as a whole. And if we do not protect it from now on, the fish species of Stung Treng like Pa Se Y will become extinct and its significance as the symbol of Stung Treng will end.

The use of pesticides to catch fish has a harmful impact on water quality. The pesticides used such as Folidol and Thodat are included in the list of harmful or hazardous pesticides. They will flow into the Mekong mainstream and downward to the lower Mekong areas. The wildlife and birds that drink and eat fishes in the streams could also die, and the people who drink and bath in the Mekong water could have some health effects.

The water in the Mekong River is polluted not only by the pesticide compounds but also by the waste generated by the fishing activities which makes the water muddy.

4.2. Impacts on Food Security

The market for the fish catch is mainly outside the province. Much of the fish catch will be exported to Thailand, Laos and Vietnam and some will go to the market in Phnom Penh. Only a small amount is sold in the Stung Treng market. They do not sell the fish catch in the local villages as they said the villagers have resisted buying and could afford only a cheap price.

As a result, the villagers do not have enough food. The protein intake for their daily food is very low. Villagers face a food shortage. The fish, which the people use as ingredients to make reserves of prohok and dried fish for eating during the rice cultivation and harvest time, are no longer available at affordable prices29.

V. Community Fisheries: Why Community Fisheries are preferable.

Unregulated fishing can lead to competition between individual fisherfolk and depletion of the fish stock.  Fishing concessions are sometimes suggested as a means of exerting more control over the fishing industry.  However, NGOs note that the granting of concessions in Stung Treng has led to more illegal fishing and destruction of fishery resources, not less.  NGOs have piloted a third way, namely community fishing, in which communities are taught to work together to preserve the fish stock for the common good.

The fishing concessions in Stung Treng have had a negative impact on both government and local people, as they were operated in an illegal way. By comparison, a recent effort to establish community fisheries is achieving positive results, and this concept seems to be workable in combating illegal fishing and protecting the fishery resources. The experiences of CAA have shown that since 17 community fisheries were established with the support of CAA in Stung Treng province, 60% of the illegal fishing activities have declined30.

The community fishing practices are recognized as sustainable methods as they fish only for a subsistence living. The fishing equipment they use is friendly to the environment and the natural resources.  Unlike the concessionaires, they do not use equipment and methods that are destructive to the organisms in the stream.

Although the community consists of many individuals, the rules and regulations of the fishery community and peer group pressure tie them together. This contributes to the management by the provincial fishery department. The communities have a long-term commitment and feel ownership over the resources, but the concessionaires lack this long-term commitment. The concept of community fisheries benefits the whole community. People participate in the management and protection of the fishery resources around them.  But, the fishing concessions enrich those who are already rich and powerful and make many who are already poor become poorer.  When the benefits of managing the fisheries are taken out of the hands of the villagers, they too are tempted and forced to use destructive and illegal fishing methods in order to survive. 

Concessions are attractive to government because the concessionaire can afford to pay a fee.  The local communities, who fish for a subsistence living and whose activities are not oriented to the free market, can not pay as they catch only a few kilograms of fish a day with their simple fishing equipment. As for the fishing lot owners, they have invested their money because they expect to get more and more income from the fishing concession.  However, in cases like that in Stung Treng, the money generated from the fishing lot owner does not go to the national revenue and little is contributed to the development of the country, allowing a few people to become rich while leaving many poor.

It is no doubt that concessionaires do not love the fishery resources like the local people, because they are not living there; they do not know the environment which surrounds them. As outsiders, they are not interested in taking care of other people's environment, but they may wish to exploit it. The experience in Stung Treng shows that local villagers have invested their efforts in organizing the fishery communities and protecting the fishery resources. However, what they have protected was taken away by outsiders who are powerful and rich.  Villagers were neglected from the process. 

VI. Conclusion

In summary, the granting of fishery concessions by the authorities in Stung Treng to private companies, in areas where communities manage the fisheries for subsistence living, was illegal under the law and a violation of the local people's rights.

The fish spawning and breeding ground and the wetland resources are under threat. The blocking of the streams is destructive to the fisheries and wetlands, and should be subject to punishment under the law.

The people's voice should be supported so that they can protect the resources as well as their rights and livelihoods. On the one hand, we should make efforts to combat illegal fishing, and on the other hand, to protect the natural resources and people's livelihoods.