Cambodia’s Experiences with Rights-based ApproachesCambodia’s Experiences with Rights-based Approaches: : Community Fisheries ManagementCommunity Fisheries Management

Presented by Mrs. Kaing Khim

Deputy Director General of Fisheries Administration (FiA)Ministry of Agriculture, Forestry and Fisheries (MAFF), Cambodia\

Outline for the Presentation Outline for the Presentation • IntroductionIntroduction• Why move to a user rights system?Why move to a user rights system?

- The First Reform of Fishery Sector- The First Reform of Fishery Sector

- Before the First Reform of Fishery Sector- Before the First Reform of Fishery Sector

- The Second/Deep Reform of Fishery Sector- The Second/Deep Reform of Fishery Sector• Legal frameworkLegal framework• Rights of Community FisheriesRights of Community Fisheries• Positive ChangesPositive Changes• Main Challenges Main Challenges • Way ForwardWay Forward

Map of CambodiaMap of Cambodia

IntroductionIntroduction The fisheries sector is a major contributor to poverty reduction, employment, food security, and national economic growth (8-12 % of GDP).

Three types of fishing gears used:1). Small-scale fishing gears (year round); 2). Middle-scale (opening season), and 3). Large-scale (industrial) fishing gears (opening season).

Conflicts between small-scale and large-scale fishers

1st Fisheries reform in 2000; 469 Community Fisheries (CFi) established 2nd fisheries reform in 2012; 516 CFi established for:

User collective rights/rights-based approaches

Before the First Reform of Fishery SectorBefore the First Reform of Fishery Sector

Prior to 2000:Prior to 2000:• Concept of Community Based Natural Resource Management was applied Concept of Community Based Natural Resource Management was applied

for the 1for the 1stst time in Cambodia by Development Partners (DP): time in Cambodia by Development Partners (DP):- Community Fisheries in Siem Reap province supported by FAO (1999)Community Fisheries in Siem Reap province supported by FAO (1999)- Community Fisheries establishment in some provinces in the upper Community Fisheries establishment in some provinces in the upper

Mekong provinces, supported by Oxfam GB and Oxfam America (1998)Mekong provinces, supported by Oxfam GB and Oxfam America (1998)- Community coastal resource management, supported by DANIDA Community coastal resource management, supported by DANIDA

(1999).(1999).• There was no government policy on community fisheries yet, so the process There was no government policy on community fisheries yet, so the process

of Community Fisheries (CFi) establishment was different from one place to of Community Fisheries (CFi) establishment was different from one place to another depending on DP’s experiences. another depending on DP’s experiences.

Why move to a user right-system? Why move to a user right-system?

Open Access for small-scale

(Poor) Fishing Fishing lot Area lot Area

(rich)(rich)

Serious Conflict

Conflicts between small-scale and large-scale fishers; Population growth, led to demand increased, Over fishing etc.

Government decided to reform fisheries management

Complainted by small-scale fishers

The First Reform of Fishery SectorThe First Reform of Fishery Sector

• In October 2000, the Royal Government of Cambodia decided to abolish and release about 56.74 % of the total fishing lot area equivalent to 541,206 ha, to local users (small scale fishers).

• Encouraged establishment of CFi’s throughout the country for both freshwater and coastal fisheries.

• Provided legal framework for CFi: fishery law amendment, Royal decree, sub-decree, and guidelines.

469 CFi established.

The Deep Fisheries Reform (2012):The Deep Fisheries Reform (2012):

• One decade of 1One decade of 1stst reform have given the good lessons reform have given the good lessons learnt and experiences; learnt and experiences;

• Then, remain fishing lots (Then, remain fishing lots (412,534 ha)412,534 ha) were abolished: were abolished:- 315,152 ha, equivalent to 76.37%,315,152 ha, equivalent to 76.37%, were handed over to were handed over to

local fishers for their participation and responsibility in local fishers for their participation and responsibility in management and sustainable utilization of the fishery management and sustainable utilization of the fishery resources.resources.

- 97,503 ha, equivalent to 23.63% 97,503 ha, equivalent to 23.63% were kept for were kept for conservation of the fish broodstock.conservation of the fish broodstock.

• Allowed gears for Family Fishing Allowed gears for Family Fishing

were increased in terms of numberwere increased in terms of number

and length. and length.

The Second/Deep Reform of Fishery SectorThe Second/Deep Reform of Fishery Sector

The First and the Second ReformThe First and the Second Reform

97,503 hectares (10.23%) 97,503 hectares (10.23%) set aside set aside

for conservationfor conservation10.2310.23%%

158158 Fishing lots abolished=Fishing lots abolished=953,861 953,861

hectareshectares

856.358 hectares (89.77%) 856.358 hectares (89.77%) for CFi’s management (uses for CFi’s management (uses

and conservation)and conservation)

Fishing Area ReformedFishing Area Reformed

Centralization (Top-down management)Centralization (Top-down management)

Fisheries Management in CambodiaFisheries Management in Cambodia

Fisheries Co-ManagementFisheries Co-Management

Decentralization and DeconcentrationDecentralization and Deconcentration

User Rights/collective rights User Rights/collective rights throughthrough

Community Fisheries establishment and managementCommunity Fisheries establishment and management

Before reformBefore reform

After reform

Legal Framework Legal Framework

• Royal Decree on the Establishment of CFiRoyal Decree on the Establishment of CFi• The Law on Fisheries (Chapter 11)The Law on Fisheries (Chapter 11)• Sub decree on CFi Management Sub decree on CFi Management • Ministerial proclamation on CFi Guidelines, Ministerial proclamation on CFi Guidelines,

including 4 document models:including 4 document models:- By-lawBy-law- Internal rule Internal rule - Agreement Agreement - Management Plan.Management Plan.

Legal Framework Legal Framework

• Roles, rights and obligations of CFi and government are clearly defined in the sub decree on CFi management.

• CFi’s are lead by their representatives called CFi Committee (CFiC)

• CFiC is formed by the election of local people

• The mandate of CFiC is five years

• CFiC member is an odd number: 5; 7; 11 people.

The Rights of the CFiThe Rights of the CFi• The CFi area is state-owned property but responsibilities and rights The CFi area is state-owned property but responsibilities and rights

are given to CFi’s to manage and use the natural resources in a are given to CFi’s to manage and use the natural resources in a sustainable and equitable manner, through CFi Area Agreement.sustainable and equitable manner, through CFi Area Agreement.

CFi has the rights to CFi has the rights to

(art. 11 of the sub-decree)(art. 11 of the sub-decree)::• Organize fishing activities in accordance Organize fishing activities in accordance

with fisheries law, other relevant rules andwith fisheries law, other relevant rules and

regulation;regulation;

• The community can do aquaculture, fish processsing, alternative The community can do aquaculture, fish processsing, alternative livelihoods and manage all fisheries resources in accordance with livelihoods and manage all fisheries resources in accordance with internal rules, the agreement and internal rules, the agreement and

CFi Area Mangement Plan (CFiAMP);CFi Area Mangement Plan (CFiAMP);• Combat illegal fishing activities in Combat illegal fishing activities in

collaboration FiA line agencies and local collaboration FiA line agencies and local

authorities. authorities.

CFi Map

3,044 ha

The CFi members have the rights to:The CFi members have the rights to:• Participate in the meeting, CFi congressParticipate in the meeting, CFi congress• Participate and can be the candidate for the election of CFiCParticipate and can be the candidate for the election of CFiC• Receive information about the socio-economic performance Receive information about the socio-economic performance

of the CFi from the CFiCof the CFi from the CFiC• Propose to organize a congress for discussion and make a Propose to organize a congress for discussion and make a

decision on any matterdecision on any matter• Propose to put issues useful for the community Propose to put issues useful for the community

on the agenda of a congress on the agenda of a congress • Do family fishing in line with fishery law, Do family fishing in line with fishery law,

and other relevant legal frameworkand other relevant legal framework• Participate in all CFi Participate in all CFi ‘‘s activitiess activities• Complain about all matters impacting on the fishery Complain about all matters impacting on the fishery

resources and the community to the authority and FiA (article resources and the community to the authority and FiA (article 13). 13).

The Rights of the CFi (Con’t)The Rights of the CFi (Con’t)

Positive Changes Positive Changes Social aspect• The awareness of the local people on the role of the CFis and value of

CFi management are increasing =>

Understood their important and value roles and responsibilities

for their fisheries resources management. • Access rights to fishery resources by fishers are more secure;• Both non illiterate and literate people having equal right and no

discrimination to be CFi members;• There is overall increase in participation of men, women and youth of the

fish related activities and conservation activities;

=> CFis have been building trusts, unity and fostering cooperation in the community. This function is important, even more than catching fish!

Positive Changes Positive Changes Environmental aspect• The flooded forest and fishery resources in the CFi fishing

area are better protected;

• 381 fish sanctuary zones established and protected by CFi.

• CFi members have shown that conservation to be the key to resource sustainability and were willing to take concrete actions to achieve this (not only words). The role of women in promoting this achievement has been significant.

Positive Changes Positive Changes Economic aspect• Fisheries resources and production have increased;• The CFi members are composed of persons with multiple and

diverse occupational activities. Fishing is the full time activity of only about quarter of the CFi membership;

• Related fisheries livelihoods/alternative livelihoods of CFi members are implemented, increasing and improving nowadays (fisheries eco-tourism, crab bank,

women fish processing groups… ) • The cash income from fishing of the CFi members is very

modest.

MainMain ChallengesChallenges CFi ‘s Capacity:CFi ‘s Capacity:

• Most CFi still depend on external support Most CFi still depend on external support • CFi lack budget and resources to implement activitiesCFi lack budget and resources to implement activities• CFi Committees perform their roles on a CFi Committees perform their roles on a

volunteer basis and there is no regular volunteer basis and there is no regular

incentive sources;incentive sources;• Capacities of CFi committees are Capacities of CFi committees are

still limited.still limited.

Other development and illegal fishing activities:Other development and illegal fishing activities:• In some cases, the CFi fishing areas are impacted by In some cases, the CFi fishing areas are impacted by

private land encroachment and other developments.private land encroachment and other developments.

• Illegal fishing activities still occur in most of CFis.Illegal fishing activities still occur in most of CFis.

CFi is a local unique institution for the fisheries governance’s tenure (through free election and voluntary); It has two times of fisheries reform and made it a people-oriented small-scale fishery through User Rights based approaches;CFi Area Agreement created the clear tenure rights (not for land tenure). These include boundary mapping and demarcation of fishing ground;It has functioned for one decade and needs to function for more to bring the benefits to all CFi members for poverty alleviation;

The prime objective of the 2000 Fishery Reform was to ensure that the rural communities of Cambodia obtain access to fish for food and livelihoods. This objective has been substantially achieved and was reflected in the deep reform in early 2012 by the government, abolished all fishing lots in the country. The “fishery success” must however be viewed against the overwhelming and the continued importance of agriculture for the members of the Community Fisheries.

Key Lessons Learnt Key Lessons Learnt

Ways ForwardWays Forward

• Support the process of CFi registration • Strengthen the collaboration between the CFi’s and the

Commune councils• Amendment of the Law on Fisheries and Sub decree on

CFi management aiming at self-financing, self-implementation, gradual empowerment of CFi’s and rights based approaches.

• Promote regional, national and sub-national networking to support the CFi’s;

• Promote the CFi’s to implement CFiAMP activities

by their own initiative and self-financial creation.

Thank You! Thank You!