ASEAN 2009: Time to deal with illegal fishing

Edi Suharto , Jakarta | Mon, 03/24/2008 1:10 AM | Opinion

Illegal fishing in Indonesia should be proportionally addressed, with a regional mechanism, so it can be more thoroughly resolved.

ASEAN, as a regional organization established more than 40 years ago, unfortunately has yet to address this issue properly.

This paper will focus on why it is not only timely, but also essential, to tackle illegal fishing within a regional context, both for Indonesia as well as for ASEAN.

Such a move would be in keeping with existing efforts to establish an ASEAN Community, comprising political security, economic and sociocultural communities, by 2015.

From a national viewpoint, addressing illegal fishing is a serious business. According to Antara news agency, Indonesia loses some US$3 billion a year to illegal fishing.

The Ministry of Fisheries and Maritime Affairs stated that illegal fishing occurs every day in Indonesian waters (Antara, May 2007).

Moreover, the country suffers environmental damage caused by illegal fishing (Walhi, December 2006). Illegal fishing, it said, results in between 1.5 and 3 million tons of fish being taken from Indonesia each year (Forum Keadilan. No. 20/03-09 September 2007).

Many Indonesian fishermen have become involved in illegal fishing in Australian waters because rampant poaching by foreign trawlers was reducing fish stocks in local waters, former Indonesian Ambassador to Australia Imron Cottan once said (Antara, Feb. 19, 2007).

From a regional perspective, all ASEAN members are either archipelagic or coastal states (except Laos), thus the fisheries sector plays an important role in national and regional development.

In terms of regional employment and income opportunities, more than 4 million people are engaged in the capture and cultivation of fish, as their primary economic activity on a full or part-time basis, in small-scale or commercial businesses.

The number of people employed in fisheries related industries is estimated to be around 20 million.

The issue of illegal fishing has indeed been addressed by the ASEAN through its Sectoral Working Group on Fisheries (ASWGFi). The group works in coordination with the Senior Officials Meeting of ASEAN Ministers on Agriculture and Forestry (SOM-AMAF), and AMAF itself, at the ministerial forum.

ASWGFi has held 15 meetings so far. The most recent, in Singapore in May 2007, agreed to a review of the Strategic Plan of Action on ASEAN Cooperation in Fisheries for 2005-2010.

At a broader level, there is also a Letter of Understanding (LoU) between both the secretary-general of ASEAN and of the South East Asian Fisheries Development Center (SEAFDEC). This was signed Nov 2006, at the 6th AMAF+3 in Singapore, to promote cooperation on sustainable fisheries management in the region.

As recent hosts of a regional ministerial meeting, in Bali last May, Indonesia also furthered regional cooperation on Illegal, Unregistered and Unregulated (IUU) Fishing.

With aims to promote responsible fishing practices and combat IUU fishing, the meeting granted a common and collaborative approach, targeting the South China, Sulu-Sulawesi and Arafura-Timor Seas.

It also reaffirmed the region's common understanding that its shared fish stocks were both a very important source of food for the regional population and local export commodity.

It further agreed that regional cooperation was essential, particularly to sustain fisheries resources, ensure food security and alleviate poverty.

At a bilateral level, Indonesia has signed a Memorandum of Understanding and reiterated the importance of bilateral cooperation with (among others) Australia, Vietnam and the Philippines.

Through Indonesia's MOU with Australia, both parties touched upon issues including combating illegal fishing, partnership, cooperation and participation in the Regional Fisheries Management Organization (RFMO).

MOUs between Indonesia, Vietnam and the Philippines reaffirmed commitments to cooperate in marine and fisheries sectors.

Unfortunately, these efforts have not shown any significant results yet. None of the above efforts to cooperate, including through ASEAN's perspective, have brought about a resolution -- illegal fishing continues to be a problem in Indonesia.

Clearly, the problem is not unresolved as a result of legal obstacles. International laws have provided mechanisms to address the practice of illegal fishing and have also encouraged countries to settle cases within a regional context (RFMO).

The 1982 United Nations Convention on the Law of the Sea (UNCLOS), for example, stipulates where the same fish stock (or stocks of associated species) occur within the exclusive economic zone (EEZ) and in an area beyond or adjacent to it, states can either initiate some measures to conserve the stocks or enter into regional or sub-regional agreements (Article 63 UNCLOS) to do so. Similarly States may enter into cooperative agreements to manage and conserve fish stocks on the high seas (Article 118 UNCLOS).

Meanwhile, Law No. 31/2004 on fisheries has mandated the Government of Indonesia to actively participate in regional and international cooperation to tackle illegal fishing.

Bearing in mind the ASEAN Charter, signed in Singapore at the latest ASEAN summit in November 2007, is hoped to come into full effect by the next summit in November 2008, it is timely we take a bold approach to properly address illegal fishing.

If Indonesia takes all necessary efforts to reach such an end, once the charter is ratified (with the organization's decisions being legally binding) countries will become obligated to implement all agreements, including those surrounding IUU fishing.

While many Indonesians are questioning the benefits of pursuing ASEAN Community 2015, with the charter ratified by all members and the so-called 'sharing and caring community' on-track, I am sure it is time we asked ourselves: how can we utilize ASEAN, for our national benefit, to combat illegal fishing which has so seriously affected Indonesia?

The writer is an Indonesian diplomat based in Jakarta. The article is a personal view. He can be reached at edisuharto@yahoo.com.

Comments (0) | Post comment

A | A | A |