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16 Days of Global Action on Rural Women:

Women Assert Rights to Land and Resource

Thailand Case Study:

The Women Small-scale Fishers of Koh Chang Island

Susana Corletto and Claire Wilson

University of California, Santa Barbara

with

Jonathan Shott and Ravadee Prasertcharoensuk

Sustainable Development Foundation, Thailand

supported by

Pesticide Action Network Asian Pacific

3

Introduction

This case study, and the work that led up to its production, constitutes part of the Pesticide Action

Network Asia and the Pacific (PANAP) advocacy initiative '16 Days of Global Action on Rural

Women', conducted globally between 1-16 October 2015. Specifically, the project that resulted in the

production of this case study was part of the 'No Land, No Life' and 'Women Assert Rights to Land

and Resources' sub-campaigns. The project was implemented in Thailand by Sustainable

Development Foundation (SDF), a Thai non-governmental organization which works to secure

sustainable livelihoods and improve quality of life for rural and coastal communities, by promoting

multi-stakeholder, collaborative approaches to natural resource management, disaster risk reduction

and climate change adaptation.

This case study focuses on the plight of small-scale fisher-folk communities, and the women who live

and work within those communities. Since the focus of the case study is upon coastal communities as

opposed to rural communities, there is a corresponding focus on access to natural resources, rather

than a sole focus on access to land. Specifically, the case study focuses on the rights of small-scale

fisher-folk to access coastal land, for settlement and mooring, and marine resources, in support of

their fishery livelihoods. In this context it is to be noted that, whereas for small-scale farmer

communities the primary livelihood concern would be access to land, in the case of small-scale fisher-

folk communities the primary livelihood concern is access to marine resources, with secure land

tenure often being a secondary concern.

Small-scale fisher-folk have traditionally been an underrepresented group, one whose fundamental

rights have tended to be overlooked, leading to a failure to enshrine them in legislation. However, in

2015 the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the

United Nations (UN) published a set of 'Voluntary Guidelines for Securing Sustainable Small-Scale

Fisheries in the Context of Food Security and Poverty Eradication' (VG-SSF). These guidelines

represent the first internationally agreed instrument dedicated entirely to the small-scale fishery

sector, and cover fundamental rights in six broad areas: responsible governance of tenure; sustainable

resource management; social development, employment and decent work; value chains, post harvest

and trade; gender equality; disaster risks and climate change. (FAO, 2015) The VG-SFF guidelines

have provided a broad framework for both reviewing and advocating the rights of women small-scale

fisher-folk under this project.

In reviewing and advocating the rights of small-scale fisher-folk communities in general, and women

small-scale fisher-folk in particular, the project focused on the specific case of small-scale fisher-folk

communities living within the boundaries of one of Thailand's national parks, namely Koh Chang

Marine National Park in Trat Province, Eastern Thailand. Such communities face particular

challenges, because national park regulations make it even more difficult than usual to secure access

to coastal land and marine resources. The case study reviews how fishery law and national park law

impact upon the fundamental rights of women small-scale fisher-folk, and also examines other

broader issues, such as the prevailing political situation, democratic process, good governance, and

various socio-cultural and socio-economic factors.

4

Overview of the Situation

Thailand’s Fishery Sector

Thailand is one of the world’s top fish-producing nations, both in terms of capture fisheries and

aquaculture. It has a large exclusive economic zone (EEZ) covering a total area of about 316,000 sq

km, and with over one million hectares in coastal areas suitable for coastal aquaculture. In 2007, the

total fish production was about 3.9 million tons, of which 58.2 per cent was from marine capture

fisheries, and the rest from aquaculture, with coastal aquaculture contributing 22.9 per cent. The

marine capture fish production of 2.2 million tons in 2007 was valued at approximately 2 billion

USD. The fisheries GDP of Thailand stood at around 3 billion USD in 2008, of which 85 per cent was

attributed to coastal provinces. (FAO, 2010)

Thailand's marine capture fishery can be classified into small-scale and commercial fisheries.

Commercial fishers use inboard powered vessels weighing 5 tons or more. Small-scale fishers use

either inboard or outboard powered boats weighing less than 5 tons. Engines do not exceed 30

horsepower and boats are usually 7-11 meters in length. Commercial fishers may venture as far as 5-

10 km out to sea, whereas small-scale fishers typically operate within 3 km of the shore. The 1995

marine fishery census in Thailand found that a total of 535,210 individuals were involved in marine

fishery. A study published in 2000 by the Food and Agriculture Organization (FAO) of the United

Nations (UN) found that 87% of these individuals could be classified as small-scale fishers.

Many of Thailand's fishery resources are in decline. Catch per unit effort (CPUE) has been decreasing

since the 1960s, and in the Gulf of Thailand trash fish comprise almost half the total catch. Decreasing

fish stocks have had major impacts on small-scale fishers, who have been increasingly competing for

resources with commercial fishers. Conflicts between small-scale and commercial fishers have been a

regular occurrence over the last 20 years, and recent increases in the overall number of fishers have

only served to increase competition.

Women Small-scale Fishers

Small-scale fisher-folk tend to be overlooked in local development planning and national

development policy. This is partly because they tend to be located far from urban centers in areas with

poor communications infrastructure, but also because they typically account for only around 10% of

the total annual marine catch. In the case of women small-scale fisher-folk, socio-cultural and socio-

economic issues exacerbate the situation, and women small-scale fisher-folk can be both hidden from

society and under-represented in planning and policy.

Thai society is very patriarchal. Heads of household are typically male, and important decisions at

both the household and community levels tend to be made by men. Women have traditionally been

engaged in activities related to caring for family members and looking after the family home. Such

social roles, played out over generations, have become so ingrained that they are considered the norm

and are rarely questioned by either the women or men in society.

Over the years, increasing economic pressures have forced women to play a greater role in seeking

economic income. But rather than this bringing about a development of women's social roles, and

5

leading to them becoming more prominent and active members of their communities, the opposite has

proven to be true. The increasing economic burden has only served to reinforce the social roles

traditionally played by women, as they struggle to maintain their responsibilities within the home,

whilst taking on new external responsibilities in order to generate supplementary income and help

make ends meet within the household.

Women small-scale fisher-folk are engaged in all stages of fishery, from productive to post-harvest

activities. Many women join their husbands and take to the seas to engage in capture fishery. Women

from poorer families, who may not have access to boats and fishing gears, as well as elderly and

infirm women, will often be engaged in the collection of fishery products along the shore e.g. various

types of shellfish. When the day's catch is brought ashore, disentangling and sorting the catch is

typically a communal activity, with all family members playing a role.

Activities where women tend to play a lead role include selling the daily catch and post-harvest

processing of produce. The sale of raw fish catch usually involves coordinating and negotiating with a

middleman - women small-scale fisher-folk rarely have the logistic capacity to be able to sell their

catch directly to traders or customers. Typically there will be some portion of the catch which cannot

be sold, either because there is no demand for a particular type of produce, or because the quality or

size of animals caught is too low. This then places a further burden on women small-scale fisher-folk,

because to maximize return on investment from their catch, any unsold produce must be processed

further. Such post-harvest processing typically employs traditional methods passed down over the

generations, with minimal variation from community to community.

Koh Chang Marine National Park

Koh Chang District is located in Trat Province in Eastern Thailand, adjacent to the border with

Cambodia, and comprises a total of 28 different islands. Traditionally the district was comprised of

small communities scattered around the islands' bays. These bays provided shelter from monsoon

storms and a source of food and fresh water for those traveling by sea. Salak Petch Bay in particular

was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands

and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone

area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket

Island in the South.

Trat Province

(by NordNordWest from Wikipedia)

Trat Province is located

Chang Island is the largest of 28 islands in the province, and the second largest island in

Thailand.

Around 85% of the land area consists of mountains covered in a combination of tropical rain for

and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area

as a whole supports an abundance of flora and fauna, an a number of important habitats including

mangrove forests, underwater rocky outcrops, affordin

beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine

National Park was established on 31 December 1982.

Koh Chang Island is inhabited by approximately 5,000 househo

island engaged in two main types of livelihoods: small

years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism

operators and their employees from outside of the island. The expansion of the tourism industry on the

island has driven up land prices, putting pressure on local communities to sell up and move on. The

land tenure of local communities is also threatened by the presenc

occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally

settled by communities.

6

nd fresh water for those traveling by sea. Salak Petch Bay in particular


and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone


(by NordNordWest from Wikipedia)

Koh Chang Island

(by Potapt from Wikipedia)

in Eastern Thailand, along the border with Cambodia. Koh


Around 85% of the land area consists of mountains covered in a combination of tropical rain for



mangrove forests, underwater rocky outcrops, affording some of the best fishing in the country, and


National Park was established on 31 December 1982.

Koh Chang Island is inhabited by approximately 5,000 households. Traditionally, those living on the

island engaged in two main types of livelihoods: small-scale fishery and fruit orchards. In more recent


their employees from outside of the island. The expansion of the tourism industry on the


land tenure of local communities is also threatened by the presence of the national park and land


nd fresh water for those traveling by sea. Salak Petch Bay in particular


and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone covers an


Koh Chang Island

(by Potapt from Wikipedia)

in Eastern Thailand, along the border with Cambodia. Koh


Around 85% of the land area consists of mountains covered in a combination of tropical rain forest



g some of the best fishing in the country, and


lds. Traditionally, those living on the

scale fishery and fruit orchards. In more recent


their employees from outside of the island. The expansion of the tourism industry on the


e of the national park and land


7

Thailand's National Park Act focuses primarily on terrestrial national parks. The various articles and

clauses are more applicable to the management of forestry and grassland resources than they are

marine and coastal resources. Nonetheless, as the number of marine national parks has steadily

increased, the waters within 1,000 meters of the shore have come to be considered as lying within the

national park boundaries. Where there are natural resources or important habitats deemed worthy of

special protection, this 1,000 meter conservation zone is extended further out to sea, in some cases as

far as 3,000 meters. Since the National Park Act emphasizes strict conservation, any use of marine

and coastal resources within this nearshore zone is considered illegal, including small-scale fishery.

The National Park Authorities’ New Declaration

Traditionally, national park authorities have been lenient when it comes to enforcing such

conservation policies. But at the start of September 2015, officials at Koh Chang Marine National

Park declared they would now begin to strictly apply these conservation policies. As mentioned

above, small-scale fishers tend to be most active within 3,000 meters of the shore. The small-scale

fishers of Koh Chang Island are particularly active very close to the shore, precisely within the

nearshore zone considered part of the national park boundaries.

Map showing the boundary of Koh Chang Marine National Park.

8

The new stance of the national park authorities caused immediate concern among the island's small-

scale fishers. Whilst there have not yet been any concrete cases of conflict between officials and

small-scale fishers, and no small-scale fishers have so far been apprehended or prosecuted, the

atmosphere has become tense. The island's small-scale fishers are now worried and afraid each time

they go out to fish.

9

Analysis of the Situation

Over the pages which follow, we present testimonials from seven women small-scale fishers and their

families who were interviewed in-depth as part of the project. These testimonials provide insight into

the lives of women small-scale fishers, and help to highlight how they would likely be affected if the

national park authorities strictly enforce conservation policies in the nearshore zone.

The Plight of Koh Chang Island’s Small-scale Fishers

In trying to understand the potential impacts of strictly enforced conservation policies, it is helpful to

first understand the general plight of Koh Chang Island's small-scale fisher families. For many of

these families small-scale fishery is a traditional livelihood, with knowledge and skills passed down

through the generations within their families. They lack the knowledge and skills to be able to pursue

alternative forms of livelihood. For other families agriculture was their traditional livelihood, but

falling prices of agricultural produce pushed them into fishery livelihoods. Whatever the case, small-

scale fishery tends to be a subsistence livelihood, with families making barely enough to cover their

household expenses.

Small-scale fisher families often lack secure land tenure. Typically, families settled land before

Thailand adopted a system of formal land tenure, and then neglected to formalize their tenure when

legislation changed, often because of a lack of awareness and knowledge. Some small-scale fisher

families have no land to speak of - their houses are built on stilts over the water, and they have no

address and no formal access to public utilities. This lack of secure tenure means many small-scale

fisher families live in fear of arrest and prosecution, and having no land further limits their livelihood

options. So for many families, small-scale fishery is the sole source of both food and income.

Small-scale fishery is a physically intensive but insecure livelihood. Both women and men can spend

10-12 hours per day at sea, which doesn't include time spent preparing fishing gears and extracting the

10

day's catch from their nets. But exactly how much they catch is dependent on nature - the presence or

absence of marine animals, the roughness of conditions at sea, the prevailing season. On some days,

despite their efforts, small-scale fisher families do not even cover their expenses, leaving them with

no cash to spend. Depending on the particular type of small-scale fishery they are involved in, some

families might only be able to fish 10-15 days in any given month. The monsoon season can be

particularly challenging, with high waves and strong winds making it impossible for small-scale

fishers to go out to sea.

Small-scale fishery requires relatively high investment, primarily for fuel and also renewing fishing

gears, which typically needs to be done before the start of every new season. But as already

mentioned, small-scale fishery is a livelihood full of uncertainty, with no guaranteed return on

investment. Over recent years, this has been exacerbated by dwindling marine animal populations and

increasing fishing gear prices, gradually reducing small-scale fishers' profit margins. As a result, the

vast majority of small-scale fisher families are heavily in debt. A typically family might make 300-

500 USD per month, but might be in debt to the tune of 3,000-10,000 USD, having taken loans from a

range of formal and informal sources. Annual refinancing in an attempt to manage spiraling debts is a

common practice. Whilst families may be able to manage from day to day, annual cycles of monsoon

downturns, fishing gear renewals and education fees tend to exceed their capacity and push them into

debt.

Though most small-scale fisher families have little hope of ever being able to pay off their debts, they

tend to struggle on with a common goal in mind - a better life for their children. Conscious of how

difficult it is to make a living as a small-scale fisher, parents are keen to ensure their children are well

educated and have good long-term employment prospects. Since a typical small-scale fisher family

might include 2-4 children, ensuring they all graduate from university is a significant financial

burden. The sad reality for some parents is that in order to meet that financial burden they must spend

so long at sea each day that they have little time to look after they children, who have to be sent to live

with relatives.

11

The Potential Impact of the National Park Authorities New Declaration

The potential impact of strictly enforcing conservation policies in the nearshore zone must be

considered in the context of the difficulties already faced by small-scale fisher families as outlined

above. By their nature, small-scale fishers tend to operate primarily in nearshore waters. This is partly

because of the type of marine animals they catch, which tend to inhabit nearshore waters, but small-

scale fishers are also constrained by the types of boats and fishing gears they use, which are often not

suited to fishing in deeper waters. Fishing further from the shore would also increase recurring costs

like fuel, and expose small-scale fishers to greater physical risk - note that the majority of the small-

scale fishers interviewed are in their 40s, 50s and even 60s.

One might argue that small-scale fishers should diversify into alternative livelihoods, but insecure

land tenure, heavy indebtedness and a lack of skills and knowledge are all significant barriers to

livelihood diversification.

The Political, Legislative and Administrative Situation

To complete our picture of the current situation, it is useful to briefly examine the political, legislative

and administrative situation with regards women small-scale fishers. As mentioned previously, Thai

society is very patriarchal, and traditionally women have been poorly represented in politics, law and

local administration. International frameworks like the Convention on the Elimination of All Forms of

Discrimination Against Women (CEDAW) have helped to improve the situation, as have the efforts

of Thailand's Department of Women's Affairs and Family Development (DWAFD), but much remains

to be done to ensure gender equality in real terms. Policies and laws related to natural resource

management have been particularly slow to enshrine the rights and endorse the participation of

women on an equal footing with men.

Women's participation in local administration has also traditionally been poor, especially in rural and

coastal areas, where socio-cultural norms can be very different from those prevalent in urban centers.

In small-scale fisher communities it can sometimes appear that women are playing a prominent role in

local decision-making bodies, because they are often present in greater numbers than men. But this is

12

typically only representative of the fact that the men are out at sea fishing, so the women must attend

any meetings on their behalf. In truth, real decision-making power still tends to rest with the male

head-of-household.

The background with regards Thailand's Fishery Act and National Parks Act is more complicated.

Both these acts were enacted long ago, the Fishery Act in 1947 and the National Parks Act in 1961.

They were generally considered outdated, and from a gender perspective made no attempt to enshrine

the rights or endorse the participation of women. Small-scale fisher communities, small-scale fisher

organizations and other civil society organizations campaigned long and hard for changes. Eventually,

in early 2015, a new and more promising version of the Fishery Act was enacted, which this time

spoke to the rights and roles of women.

However, around the same time that civil society was campaigning for these improvements, the

international community uncovered human rights abuses and illegal, unreported and unregulated

(IUU) fishery activity within Thailand's fishery sector. This prompted the Thai government to take

urgent action, and in late 2015 a Fishery Decree was enacted, replacing the Fishery Act that had been

revised just a few months earlier.

The hastily conceived and swiftly enacted Fishery Decree unfortunately omitted many of the

beneficial clauses present in the revised Fishery Act, and introduced new clauses detrimental to the

livelihoods of small-scale fishers. In particular, the new Fishery Decree failed to enshrine and endorse

the rights and roles of women, and introduced the controversial article 34, limiting small-scale fishers

to operating no further than 3 nautical miles (approx. 5,500 meters) from the shore. Previously, the

nearshore zone within 3,000 meters of the shore had been reserved for small-scale fishery, but small-

scale fishers had not been restricted to this zone, and were free to fish further out to sea if they so

wished.

Regarding the broader political environment in Thailand, following the 2014 military coup, the

country has been under the authoritarian rule of a military junta. The international community has

criticized the military junta for not ensuring a swift return to democratic rule, and for failing to ensure

fundamental rights and freedoms. Political expression and public participation are severely curtailed,

and Article 44 of the Interim Constitution has been condemned as a mechanism which essentially

extends martial law on an indefinite basis.

13

Women Small-scale Fishers’ Testimonials

Miss Wannaporn Wongyoo

Miss Wannaporn Wongyoo, 23, and her husband Mr. Ploen Sommitr, 43, live together at No. 45/5,

Village 3, Koh Chang Sub-district, Koh Chang District. They have two children. The eldest, aged 7, is

already at school. The youngest, aged 2, is still cared for at home. Their families have been settled on

Koh Chang Island for over 100 years, since their great grand parents' time. They inherited around 140

square meters of land from their families, on which they built their house. Although they were

unaware of the fact, the land settled by their families had previously been allocated to the Thai navy.

At one point they were apprehended, and charged with encroaching on government land, but the

public prosecutor dismissed the case.

Given their small plot of land, this family's only livelihood is small-scale fishery. Their daily catch

provides both their food and their income. Their fishing boat is around 6 meters long, with a small

roof to provide shelter from the elements. Miss Wongyoo and Mr. Sommitr typically spend all day at

sea, for example from 6 a.m. to 6 p.m., during which time their children must stay with their grand

parents. If on any particular day their catch is poor, they will often head out further to sea, or stay at

sea overnight to reduce fuel costs by avoiding returning to shore.

Their daily catch is very variable. Some days they catch a lot, other days very little. But they have a

lot of expenses, including fuel for their boat, food, household expenses and schooling costs. In a

typical month they barely make enough to cover these costs, and there is no money left for them to

save. Therefore, when it comes time to repair or replace their fishing gears, they usually have to

borrow money from various village funds, creating long-term debt. They estimate their current debt to

be around 3,500 USD.

"If my family is not allowed to fish, I don't know what we'll eat and I don't know how

we'll live. All our lives, all we've ever done is fish, we don't have the knowledge or

experience to do anything else. I also have to look after my children, so it's difficult for

me to work far from home. And what about our debt? How will we be able to pay it off?"

14

Mrs. Kanya Saetun

Mrs. Kanya Saetun is a village head living in Koh Chang Sub-district, Koh Chang District.

Kanya collects a special type of small shrimp, know in Thailand as 'koei'. Because of its very small

size, this type of shrimp is typically used for making shrimp paste. Koei shrimp tend to congregate

close to the shore. They are seasonal, so can only be caught at certain times of year, but when in

season they are usually plentiful, and small-scale fishers may be able to collect koei shrimp 25 days or

more in any given month. Compare this with fishing for larger shrimps, further from the shore, where

small-scale fishers may only be able to fish around 15 days in any given month.

Compared to other small-scale fishers on Koh Chang Island, Kanya is financially much better off. She

produces and sells around 4,500 USD worth of shrimp paste every month during the koei shrimp

season. However, her expenses are also very high. Each month she has to invest around 2,000 USD in

order to be able to produce the shrimp paste. The work is labor intensive and time consuming, so she

pays her children around 500 USD to help her with the production process. So her net profit each

month is around 2,000 USD, with which she has to buy food, pay for her house and cover all her other

household expenses.

Whilst Kanya makes considerably more money that many of the island's other small-scale fishers, she

would also be one of the fishers most severely impacted if the national park authorities strictly enforce

conservation policies in the 1,000 meter nearshore zone. That is because the koei shrimp, on which

she is entirely dependent, are only found in these nearshore waters.

"I have learned that if the officials enforce a strict conservation policy in Koh Chang

National Park my livelihood will be devastated, because the area where I catch shrimp is

entirely within the national park boundaries. What I have learned encourages me to fight

for my own rights and my villagers' rights to be able to continue fishing and to maintain

our existing livelihoods."

Mrs. Thanida Phetduang

Mrs. Thanida Phetduang, 48, and her husband Mr. Lek Namchad, 54, live together at No. 100/1,

Village 3, Koh Chang Sub-district, Koh Chang District. They have three children. Their son and

eldest daughter both work for a living already. But they still have to look after their youngest

daughter, who is currently studying. They moved to Koh Chang Island from Laem Singh District in

neighboring Chanthaburi Province in 1981. The family has no land, so their house is built on stilts

over the water, a common but illegal practice. This means they have no deeds to show ownership of

their house, they have no address, and they have to access electricity via their neighbors.

Small-scale fishery is the family's only source of income. Although they have previously tried

diversifying into other livelihoods, they were not successful. Lek spends all day fishing at sea,

typically from 4 a.m. to 5 p.m.. Thanida works at home, preparing and repairing their fishing gears,

and cooking meals for the family. Their daily catch varies greatly, depending on the weather and, in

particular, the seasons. Often during the monsoon season, when the waves are high and the winds are

strong, they are not able to fish at all. They usually sell their fresh fish catch to a hotel on the island.

15

Their average monthly income is around 350 USD. This is not enough to cover their expenses, and

they have taken many loans, both from village funds and from government banks. The money they

borrow helps cover their expenses during the monsoon season when they are not able to fish, and

around 850 USD each year goes towards repairing and replacing their fishing gears. Their son works

at a bank, and helps them refinance regularly to keep interest payments as low as possible. But

Thanida is unsure they will ever be able to pay off all their debts, which currently amount to around

10,000 USD.

"Almost all small-scale fisher families I know are in debt. If we are forced to fish further

away from the coast, I'm really not sure whether we'll be able to survive. Marine animal

populations have already decreased severely, and our incomes have decreased

accordingly."

Miss Naowarat Sae Oung

Miss Naowarat Sae Oung, 49, and Mr. Chatchawan Chaisri, 50, live together at No. 13/7 Village 3,

Koh Chang Sub-district, Koh Chang District. They have three children, all of whom are currently

studying. Because both Naowarat and Chatchawan fish at sea every day, and because their children

are still studying, they have had to send their children to live with their grand mother in far away

Petchaburi Province. Naowarat says she misses her children very much. Both Naowarat and

Chatchawan previously lived in Laem Singh District in neighboring Chanthaburi Province, but never

established a family home there.

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Naowarat and Chatchawan catch only fish, using just one particular type of net, and typically fishing

only a few hundred meters from the shore. Like many other small-scale fishers, they face problems

during the monsoon season, when because of rough conditions they can only fish about five days in

any month. Because they fish so close to the shore, they will be particularly hard hit if the national

park authorities strictly enforce conservation policies in the 1,000 meter nearshore zone.

The family's income from small-scale fishery is around 500 USD per month. Naowarat and

Chatchawan try to send around half that, 250 USD, to their children in Petchaburi Province every

month. The remaining half goes on utilities and food. During the monsoon season, when they can fish

only infrequently, they do not make enough money either to send to their children or to cover their

own expenses. They borrow money to make ends meet, and to repair their fishing gears ready for the

following season. As a result they have many loans, both formal and informal, with monthly interest

rates ranging between 5-8%.

"We continue to struggle because of our children. We want them to graduate from

university, so that they can get good jobs. Then they'll be able to look after themselves,

their lives won't be difficult like their mother and father. Life for small-scale fishers these

days is very difficult, a life of endurance and perseverance."

Mrs. Thongsuk Phonkart

Mrs. Thongsuk Phonkart, 50, and Mr. Damree Phonkart, 52, live together at No. 46/4. Village 3, Koh

Chang Sub-district, Koh Chang District. Their main source of livelihood is plantations, mostly durian

and other fruits, but also including para rubber. Recently agricultural produce have fallen in price, so

17

Thongsuk and Damree needed to find an additional livelihood to supplement their income. Since their

land is located close to the sea, they decided upon small-scale fishery as their additional livelihood.

Although small-scale fishery has provided them with some additional income, the income it provides

is very uncertain, and highly dependent on the weather and the climate. On some days, when the catch

is low, they don't even cover their expenses. They also highlighted that the further from the coast they

have to fish, the higher their fuel expenses and the greater the physical danger from rough conditions.

"We chose to take up small-scale fishery because of the low price of agricultural produce.

Our family needed additional income, and it was the only additional livelihood we could

think of. The additional income we get from small-scale fishery is quite low, but it is

better than nothing, and prevents us from becoming a burden to society."

Mrs. Choi Sirimongkol

Mrs. Choi Sirimongkol, 58, and Mr. Boonloi Sirimongkol, 62, live together at No. 21/81, Village 4,

Koh Chang Sub-district, Koh Chang District. They have four children. They live in a village where

almost all the families are engaged in small-scale fishery. There are about 40 boats in total in the

village. The family is heavily dependent on small-scale fishery as their only livelihood. Boonloi goes

out to fish alone, because Choi has a slipped disc and pinched nerve, so she cannot do heavy work.

Choi stays at home, takes care of the family and prepares meals for her husband.

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Boonloi catches mostly shrimp, together with some squid and fish. He sells his catch directly to local

restaurants and hotels. The restaurants and hotels send representatives to his village to purchase

marine produce, which means the family don't have to travel outside the village to sell their catch.

Boonloi has to spend around 15 USD on fuel each time he goes out to fish. He makes on average

around 350 USD per month, but it is not uncommon for him to return from sea with no catch. On such

days he has no money to give Choi so she can buy food.

Choi and Boonloi explained that small-scale fishers are not only dependent on the weather and the

seasons, but they are also dependent on marine animal populations and fishing gear prices. Over

recent years, marine animal populations have decreased and fishing gear prices have increased. Both

these factors increase the expenses incurred by small-scale fishers, diminishing their profit margins as

well as the number of days they can afford to fish. Boonloi typically fishes for only 15 days in any

given month. Typically the family's income from fishing is not enough to cover their expenses. When

it is time to repair or replace their fishing gears, the family must rely on loans. They have no savings

and are currently around 6,500 USD in debt.

The shrimp which form the bulk of the family's catch are typically found in the nearshore waters that

fall within the national park boundaries. As a result, if the national park authorities strictly enforce

conservation policies in this nearshore zone, Choi and her family will be particularly badly affected.

Furthermore, because of his age and the small size of his boat, Boonloi would find it difficult to fish

further out to sea.

"The sea is our life, and our life is part of the sea. We fish to be able to live. We don't

have high expectations. We only want enough income to be able to look after our families

from day to day."

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Miss Wivattana Wannaprathip

Miss Wivattana Wannaprathip and Mr. Danai Chantasee live together at No. 39/6, Village 3, Koh

Chang Sub-district, Koh Chang District. They have two sons. Their eldest son is in the sixth year of

secondary school, and their youngest son is in the fourth year of primary school. Danai's family have

been living on Koh Chang Island for the past three generations.

When Wivattana and Danai married, they had some capital partly from wedding gifts, and partly

because Danai sold some of the land he inherited from his family. They decided to divide this capital

into two parts. The first part they used to refurbish their home, in order to make it more durable. The

second part they used to buy a fishing boat. Danai is the one who goes to sea, and he fishes using only

a rod. He catches bait fish in shallow waters, then goes further out to sea to catch large fish in deeper

waters. On a good day he might make 100 USD from the sale of this catch. From that he has to

subtract his expenses of around 20 USD, which covers fuel, ice and food. There are some days when

Danai catches almost nothing, and effectively loses his 20 USD investment. Typically he fishes for

only about 10 days in any given month.

Wivattana and Danai feel they cannot rely on small-scale fishery alone because the income is very

uncertain. So they also have a number of other livelihoods. Wivattana provides nursery care for five

children, the most she feels she can manage, which provides the family with a regular income of 500

USD per month. This is the family's largest and most stable source of income. They also took out a

loan to purchase a snooker table, which local youngsters pay to use. But electric lighting for the

snooker table costs a lot, and so they make little profit from it. Most recently, the family have begun

running a home stay, which they hope will provide another source of stable, year-round income. The

small-scale fishery helps make ends meet, and also helps feed the family.

20

The family are heavily in debt, and have taken many loans from both the Bank for Agriculture and

Agricultural Cooperatives and also the Government Savings Bank.

"If Koh Chang National Park enforces strict conservation laws there will definitely be a

negative impact on my husband's small-scale fishery livelihood. I think the best way

forward is to consult with the national park officials, and try to find a compromise that

both the national park officials and the small-scale fishers can accept. Our coastal waters

should be a public resource, we should have the right to fish in them."

21

Strategies for Resolving the Situation

Based upon the above overview and analysis of the situation, a number of overarching strategies were

devised to address the concerns of Koh Chang Island's small-scale fisher families, whilst

simultaneously working to promote the rights and participation of women small-scale fishers. These

overarching strategies, which are detailed below, provided general direction and informed the

practical process which was carried out. The actual steps of the process itself are detailed in the next

section.

Applying the VG-SSF Guidelines as an Overall Framework

As mentioned in the introduction, the 'Voluntary Guidelines for Securing Sustainable Small-Scale

Fisheries in the Context of Food Security and Poverty Eradication' (VG-SSF) - recently published by

the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United

Nations (UN) - represent the first internationally agreed instrument dedicated entirely to the small-

scale fishery sector. Six broad areas are covered by the guidelines, three of which are of particular

relevance to the case of Koh Chang Island's women small-scale fishers: responsible governance of

tenure, sustainable resource management and gender equality.

Given the restrictive political environment in Thailand, with political expression and public

participation severely curtailed under military rule, international instruments like the VG-SSF

guidelines are an important tool in reminding the Thai government of their obligation to ensure the

fundamental rights of small-scale fishers generally and women small-scale fishers in particular.

Furthermore, given the replacement of the promising new Fishery Act with the hastily conceived

Fishery Decree, the individual sections of the VG-SSF guidelines help explicitly define which rights

and freedoms should be enshrined and protected in policies and laws.

22

Educate Women Small-scale Fishers About Their Rights

Most small-scale fishers believe in their right to make a living by fishing in national waters.

Typically, however, their belief is intuitive, rather than being based on awareness or knowledge of

relevant national policies or internationally agreed frameworks. Poorer small-scale fishers and women

small-scale fishers, who rarely participate in advocacy activities, are often among the least well

informed regarding the rights and freedoms which they should be entitled to enjoy.

Promoting exchange and learning among small-scale fisher families, with appropriate technical input

about relevant rights frameworks, can help to address this lack of awareness and knowledge, thereby

increasing the assurance and confidence of small-scale fisher families in asserting their rights and

freedoms. Furthermore, such learning and exchange activities help build and strengthen networks

among small-scale fisher communities, helping support advocacy activities.

Emphasize Conservation as a Common Goal

If the national park authorities strictly enforce conservation policies in the 1,000 meter zone, this will

have a huge negative impact on the livelihoods, food security and income security of Koh Chang

Island's small-scale fisher families. The resulting tension, anger and desperation is almost certain to

lead to bitter conflict between the national park authorities and the small-scale fisher families.

One way to reduce or avoid such conflict is to seek out and emphasize common ground. The new

stance of the national park authorities is aimed at improved conservation of marine resources.

Improved conservation of marine resources means increased populations or marine animals, which is

actually of benefit to small-scale fisher families, so long as they can maintain their right to fish.

Improved conservation is good for all sides - there is no inherent conflict in the end goal.

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The problems lie in the details of implementation. If the new conservation policies of the national

park authorities completely prohibit small-scale fishery, conflict will be unavoidable. If, on the other

hand, a more balanced approach can be adopted, improved conservation could easily benefit small-

scale fishers. Both sides will need to make concessions. The national park authorities will need to

accommodate less stringent fishery restrictions. The small-scale fishers will need to embrace more

sustainable fishery practices. But with open minds, mutual understanding and a willingness to

compromise it should be possible to find a solution which is acceptable to all.

Participatory Fact-finding and Collective Rule-making

This strategy strongly relates to the previous strategy on emphasizing conservation as a common goal.

The best way to develop open minds and mutual understanding is by working together in a

collaborative manner.

The first part of collaborative working is participatory fact-finding - bringing the small-scale fisher

families and the national park authorities together, and encouraging them to learn about one another

by exchanging concrete facts about their needs and concerns. This not only promotes a willingness to

compromise, it also ensures that further collaboration is based upon a commonly agreed picture of the

circumstances.

The second part of collaborative working is collective rule-making - building upon that initial

common understanding, with both sides contributing to the development of management regulations

and implementation arrangements. This results in a sense of shared ownership. Rather than the

24

national park authorities developing regulations and arrangements in isolation, and then imposing

them on the small-scale fisher families, the small-scale fisher families themselves are actively

engaged in the drafting and implementation of the new conservation policies.

Provincial and Departmental Endorsement

Devolution policy in general in Thailand, and the newly enacted Fishery Decree in particular, both

allow provincial governor's some freedom in suggesting appropriate solutions to resolve local

problems in the fishery sector. Provided local stakeholders can reach agreement on an appropriate

solution, the provincial governor can make a recommendation to the relevant central government

agency, in this case the Department of Fisheries (DoF).

The strategies outlined so far focus primarily upon small-scale fisher families and the national park

authorities. These strategies are necessary to avoid conflict, promote collaboration and achieve

consensus. But once an appropriate solution has been identified, approval will need to be sought first

from the provincial governor, and then from the DoF. This final strategy focuses on the consultation

meetings needed to achieve provincial and departmental endorsement.

25

Process Employed

In this section we describe the actual steps that were carried out to address the concerns of Koh Chang

Island’s small-scale fisher families, whilst simultaneously working to promote the rights and

participation of women small-scale fishers. These practical steps were guided and informed by the

overarching strategies described in the previous section.

Activity 1: Fact Finding on Women's Vulnerability

When: 15-24 September 2015

Where: Koh Chang Island, Trat Province

Type: Informal separate meetings with different stakeholder groups

Number of people: Approx. 300 people

Groups represented: Small-scale fishers (women and men), local administration authorities, local

government agencies

Description: Initial series of fact finding meetings, conducted separately with different

stakeholders in small groups.

Highlights: Learning about the livelihoods of the island's small-scale fishers, differences

between the roles of women and men.

Results/Outputs: Preliminary assessment of rights situation within Koh Chang National Park,

including potential threats to livelihoods of small-scale fisher communities.

Preliminary assessment of particular issues faced by women.

26

Activity 2: Learning on Small-scale Fisher Rights / Participatory Data Gathering

When: 6-24 October 2015


Type: Informal separate meetings with different stakeholder groups



government agencies

Description: Follow up focus group meetings, again conducted separately with different

stakeholders in small groups.

Highlights: Starting a process of learning and exchange about small-scale fisher rights

and relevant national and international policy instruments. Going into depth

on the issues and concerns faced by specific small-scale fisher women.

Results/Outputs: Small-scale fisher women informed about relevant frameworks on small-

scale fisher rights. Case studies drafted about specific small-scale fisher

women and their families. Strategies for advocacy and campaign developed

together with small-scale fishers.

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Activity 3: Learning on Small-scale Fisher Rights / Develop Campaign Materials

When: 2-15 November 2015


Type: Consultation meetings at sub-district level



government agencies

Description: Larger, multi-stakeholder consultation meetings conducted at the sub-district

level, over a total period of around two weeks.

Highlights: Continued the process of learning and exchange about small-scale fisher

rights. Background information presented and reviewed, different

stakeholder groups exchanged their opinions about the potential threats to

the rights and livelihoods of small-scale fishers, and what potential solutions

there might be. Women played a prominent role in discussions and

recommendations.

Results/Outputs: Background information formalized and documented regarding Koh Chang

National Park, Koh Chang Island's small-scale fisher communities and

potential threats to their livelihoods, and the particular issues faced by

women. Potential solutions identified and preliminary recommendations

documented, including how to encourage and support the role of women.

Activity 4: Consultation Meeting with Local Government Agencies / Lessons Learned and Next

Steps

When: 14-15 December 2015


Type: Consultation meeting at provincial level



government agencies.

Description: Formal consultation meeting convened by the provincial governor on behalf

of the project, attended by relevant local government agencies including Koh

Chang National Park, Department of Fisheries, and Department of Marine

and Coastal Resources.

Highlights: Presentation and review of potential solutions and preliminary

recommendations. Formal feedback provided by local administration

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authorities and local government agencies. Women played a prominent role

in discussions and recommendations.

Results/Outputs: Potential solutions and preliminary recommendations endorsed by provincial

level stakeholders, including how to encourage and support the role of

women. Solutions and recommendations document formalized for

presentation to central government agencies.

Activity 5: Consultation Meeting with Central Government Agencies

When: 21-22 December 2015

Where: Sustainable Development Foundation Secretariat Office, Bangkok City

Type: Consultation meeting at national level


Groups represented: Small-scale fishers (women and men), small-scale fisher activists, central

government agencies

Description: Formal consultation meeting convened by Sustainable Development

Foundation and Thailand Federation of Small-scale Fisher-folk Association

on behalf of the project Attended by senior officials from the Department of

Fisheries.

Highlights: Presentation and discussion about solutions and recommendations from

provincial level consultation process. Review of solutions and

recommendations in context of new Fishery Decree. Small-scale fisher

women gained experience of negotiating with senior government officials.

Results/Outputs: Consolidated case study document, covering background information,

situational analysis, strategies employed, communities recommendations and

lessons learned. General consensus and outline plan on securing small-scale

fisheries on Koh Chang Island, in the context of the new Fishery Decree,

including encouraging and supporting the role of women in Provincial

Fishery Committee.

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The Fundamental Rights of Small Scale Fishers

It has been mentioned already that the 'Voluntary Guidelines for Securing Sustainable Small-scale

Fishery in the Context of Food Security and Poverty Eradication' (VG-SSF) recently published by the

Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United

Nations (UN) are an important tool for reminding national governments of the obligation to ensure the

fundamental rights of small-scale fishers generally and women small-scale fishers in particular.

Furthermore, the individual sections of the VG-SSF guidelines help explicitly define which rights and

freedoms should be enshrined and protected in policies and laws.

In the next section we present the recommendations developed by the women small-scale fishers and

the small-scale fisher communities of Koh Chang Island. To provide context for the communities'

recommendations, and to highlight some of the most important fundamental rights that small-scale

fishers should enjoy, in this section we provide some relevant excerpts from the VG-SSF guidelines.

In particular, we list the objectives of the VG-SSF guidelines, summarize their guiding principles, and

examine relevant clauses from the three sections most relevant to the case of Koh Chang Island:

responsible governance of tenure, sustainable resource management and gender equality.

Objectives

A To enhance the contribution of small-scale fisheries to global food security and nutrition and to

support the progressive realization of the right to adequate food.

B To contribute to the equitable development of small-scale fishing communities and poverty

eradication and to improve the socio-economic situation of fishers and fish workers within the

context of sustainable fisheries management.

C To achieve sustainable utilization, prudent and responsible management and conservation of

fisheries resources consistent with the Code of Conduct for Responsible Fisheries (the Code)

and related instruments.

D To promote the contribution of small-scale fisheries to an economically, socially and

environmentally sustainable future for the planet and its people.

E To provide guidance that could be considered by States and stakeholders for the development

and implementation of ecosystem friendly and participatory policies, strategies and legal

frameworks for the enhancement of responsible and sustainable small-scale fisheries.

F To enhance public awareness and promote the advancement of knowledge on the culture, role,

contribution and potential of small-scale fisheries, considering ancestral and traditional

knowledge, and their related constraints and opportunities.

Guiding Principles

1 Human rights and dignity: recognizing the inherent dignity and the equal and inalienable

human rights of all individuals, all parties should recognize, respect, promote and protect the

human rights principles and their applicability to communities dependent on small-scale

fisheries, as stipulated by international human rights standards.

30

2 Respect of cultures: recognizing and respecting existing forms of organization, traditional and

local knowledge and practices of small-scale fishing communities, including indigenous peoples

and ethnic minorities.

3 Non-discrimination: promoting in the small-scale fisheries the elimination of all kinds of

discrimination in policies and in practice.

4 Gender equality and equity: is fundamental to any development. Recognizing the vital role of

women in small-scale fisheries, equal rights and opportunities should be promoted.

5 Equity and equality: promoting justice and fair treatment - both legally and in practice - of all

people and peoples, including equal rights to the enjoyment of all human rights. At the same

time, differences between women and men should be acknowledged and specific measures

taken to accelerate the de facto equality.

6 Consultation and participation: ensuring active, free, effective, meaningful and informed

participation of small-scale fishing communities, including indigenous peoples, taking into

account the UN Declaration on the Rights of Indigenous Peoples (UN DRIP) in the whole

decision-making process related to fishery resources and areas where small-scale fishers

operate, as well as adjacent land areas, and taking existing power imbalances between different

parties into consideration.

7 Rule of law: adopting a rules-based approach for small-scale fisheries through laws that are

widely publicized in applicable languages, applicable to all, equally enforced and independently

adjudicated, and that are consistent with existing obligations under national and international

law, and with due regard to voluntary commitments under applicable regional and international

instruments.

8 Transparency: clearly defining and widely publicizing policies, laws and procedures in

applicable languages, and widely publicizing decisions in applicable languages and in formats

accessible to all.

9 Accountability: holding individuals, public agencies and non-state actors responsible for their

actions and decisions according to the principles of the rule of law.

10 Economic, social and environmental sustainability: applying the precautionary approach and

risk management to guard against undesirable outcomes, including over exploitation of fishery

resources and negative environmental, social and economic impacts.

11 Holistic and integrated approaches: recognizing the ecosystem approach to fisheries (EAF) as

an important guiding principle, embracing the notions of comprehensiveness and sustainability

of all parts of ecosystems as well as the livelihoods of small-scale fishing communities, and

ensuring cross-sectoral coordination as small-scale fisheries and closely linked to and dependent

on many other sectors.

12 Social responsibility: promoting community solidarity and collective and corporate

responsibility and the fostering of an environment that promotes collaboration among

stakeholders should be encouraged.

13 Feasibility and social and economic viability: ensuring that policies, strategies, plans and

actions for improving small-scale fisheries governance and development are socially and

economically sound and rational. They should be informed by existing conditions,

implementable and adaptable to changing circumstances, and should support community

resilience.

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Responsible Governance of Tenure

5.2 All parties should recognize that responsible governance of tenure of land, fisheries and forests

applicable in small-scale fisheries is central for the realization of human rights, food security,

poverty eradication, sustainable livelihoods, social stability, housing security, economic growth

and rural and social development.

5.3 States, in accordance with their legislation, should ensure that small-scale fishers, fish workers

and their communities have secure, equitable, and socially and culturally appropriate tenure

rights to fishery resources (marine and inland) and small-scale fishing areas and adjacent land,

with a special attention paid to women with respect to tenure rights.

5.4 States, in accordance with their legislation, and all other parties should recognize, respect and

protect all forms of legitimate tenure rights, taking into account, where appropriate, customary

rights to aquatic resources and land and small-scale fishing areas enjoyed by small-scale fishing

communities.

5.5 States should recognize the role of small-scale fishing communities and indigenous peoples to

restore, conserve, protect and co-manage local aquatic and coastal ecosystems.

5.9 States should ensure that small-scale fishing communities are not arbitrarily evicted and that

their legitimate tenure rights are not otherwise extinguished or infringed.

Sustainable Resource Management

5.13 States and all those engaged in fisheries management should adopt measures for the long-term

conservation and sustainable use of fisheries resources and to secure the ecological foundation

for food production.

5.14 All parties should recognize that rights and responsibilities come together: tenure rights are

balanced by duties, and support the long-term conservation and sustainable use of resources

and the maintenance of the ecological foundation for food production.

5.15 States should facilitate, train and support small-scale fishing communities to participate in and

take responsibility for, taking into consideration their legitimate tenure rights and systems, the

management of the resources on which they depend for their well-being and that are

traditionally used for their livelihoods. Accordingly, States should involve small-scale fishing

communities - with special attention to equitable participation of women, vulnerable and

marginalized groups - in the design, planning and, as appropriate, implementation of

management measures, including protected areas, affecting their livelihood options.

Participatory management systems, such as co-management, should be promoted in accordance

with national law.

5.17 States should ensure that the roles and responsibilities within the context of co-management

arrangements of concerned parties and stakeholders are clarified and agreed through a

participatory and legally supported process. All endeavors should be made so that small-scale

fisheries are represented in relevant local and national professional associations and fisheries

bodies, and actively take part in relevant decision-making and fisheries policy-making

processes.

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5.18 States and small-scale fisheries actors should encourage and support the role and involvement

of both men and women, whether engaged in pre-harvest, harvest or post-harvest operations, in

the context of co-management and in the promotion of responsible fisheries, contributing their

particular knowledge, perspectives and needs. All parties should pay specific attention to the

need to ensure equitable participation of women, designing special measures to achieve this

objective.

Gender Equality

8.1 All parties should recognize that achieving gender equality requires concerted efforts by all and

that gender mainstreaming should be an integral part of all small-scale fisheries development

strategies. These strategies to achieve gender equality require different approaches in different

cultural contexts and should challenge practices that are discriminatory against women.

8.2 States should comply with their obligations under international human rights law and

implement the relevant instruments to which they are party, including, inter alia, CEDAW, and

should bear in mind the Beijing Declaration and Platform for Action. States should endeavor to

secure women's equal participation in decision-making processes for policies directed towards

small-scale fisheries. States should adopt specific measures to address discrimination against

women, while creating spaces for CSOs, in particular for women fish workers and their

organizations, to participate in monitoring their implementation. Women should be encouraged

to participate in fisheries organizations, and relevant organizational development support should

be provided.

8.3 States should establish policies and legislation to realize gender equality and, as appropriate,

adapt legislation, policies and measures that are not compatible with gender equality, taking into

account social, economic and cultural aspects. States should be at the forefront of implementing

actions for achieving gender equality by, inter alia, recruiting both men and women as extension

staff and ensuring that both men and women have equal access to extension and technical

services, including legal support, related to fisheries. All parties should collaborate to develop

functional evaluation systems to assess the impact of legislation, policies and actions for

improving women's status and achieving gender equality.

8.4 All parties should encourage the development of better technologies of importance and

appropriate to women's work in small-scale fisheries.

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Communities' Recommendations

In this section we present the recommendations developed by the women small-scale fishers and the

small-scale fisher communities of Koh Chang Island. Detailed regulations relating to specific fishing

activities were also drafted, and are included as an annex at the end of this document.

Overall Recommendations

Principles and Intentions

To establish measures for conducting small-scale fishery in Koh Chang Marine National Park's

conservation zone, in order to preserve the traditional way-of-life of Koh Chang Island's small-scale

fishers, guarantee food security, and maintain the livelihoods that form the basis of the local economy.

To conserve the diversity and abundance of marine animal resources in line with the principles of

responsible sustainable fisheries, good governance and multi-stakeholder participation. To

rehabilitate, conserve and manage marine animal populations in order to achieve maximum

sustainable yield. To prevent fishery which exceeds the carrying capacity of local ecosystems, in

order to ensure that fishery activities do not negatively impact the sustainability of marine animal

resources.

Objectives

1 To ensure fishery management and marine animal resource conservation adhere to principles of

good governance.

2 To protect, assist and support small-scale fishery and local fishery communities.

3 To establish measures to prevent, suppress and eliminate illegal fishery activities.

4 To apply both scientific and traditional knowledge in the rehabilitation, conservation and

management of marine animal resources to maintain marine ecosystem balance and achieve

maximum sustainable yield, using principles of preventative management.

5 To promote multi-stakeholder collaboration between relevant government agencies, small-scale

fisher communities, small-scale fisher networks, civil society organizations, private sector

organizations and academic experts in managing small-scale fishery in Koh Chang Marine

National Park's conservation zone, in order to meet these commonly agreed objectives.

Definitions

Fishery: All forms of capture fishery, pre- and post-harvest activities, management and conservation

of marine animal resources. Any relevant activity in support of responsible sustainable fishery.

Small-scale fishery: Fishing without the use of a boat, or fishing with a boat no more than 10 tons

gross weight, using various forms of selective, non-harmful fishing gears which do not damage

marine resources and ecosystems.

34

Specific Recommendations on Co-management Approaches for Koh Chang Marine National

Park

1 Establish a committee called 'The Committee for Community Participation in the

Management, Conservation and Rehabilitation of Fishery Resources in Koh Chang Marine

National Park'. The committee should comprise: Provincial Governor (Chairperson) Director

of Marine and Coastal Resource Management Center 1, Director of Marine and Coastal

Resource Research Center Eastern Region, Director of Fishery Resource Research Center

Eastern Region, Head of Trat Province Natural Resources and Environment Office, Head of

Koh Chang Marine National Park, Chief of Koh Chang District, Chief of Koh Chang Sub-

district Administration Organization, representatives from every small-scale fishery community

on Koh Chang Island, representative from Trat Bay Civil Society Network, representative from

Trat Province Marine and Coastal Resource Management Committee, representative from Trat

Province Fishery Resource Management Committee, representatives from civil society

organizations, academic experts and other qualified individuals with knowledge of natural

resource and environmental management.

2 Roles and responsibilities of the committee:

2.1 Develop guidelines and measures for the management, conservation and rehabilitation of

natural resources and the management of fishery activities in Koh Chang Island Marine

National Park to enable responsible sustainable fishery.

2.2 Protect and conserve marine animal populations to avoid potential extinction and ensure

sustainable use, leading to improved biodiversity and balanced ecosystems.

2.3 Prevent against illegal, unreported and unregulated fishery activity.

2.4 Establish measures to prevent fishery activities which interfere with natural processes related to

the growth and replenishment of marine animal populations, in order to ensure maximum

sustainable yield. (Protect against capture of juvenile marine animals.)

2.5 Promote participatory multi-stakeholder approaches for the management, conservation and

rehabilitation of natural resources and the management of fishery activities. Gather information

and conduct research to enable responsible sustainable fishery.

2.6 Promote and support small-scale fishers and related stakeholders in carrying out concrete

activities related to responsible sustainable fishery and ecosystem-based management of marine

and coastal resources.

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Specific Rules and Regulations for Fishery Management

1 Non-destructive small-scale fishery activities are allowed:

1.1 Non-destructive fishing gears, as used by small-scale fishers and permitted under law, are

allowed.

1.2 Fishing gears prohibited under law, e.g. explosives, chemicals, trawl nets, push nets, dredges

and harpoons, are not allowed.

1.3 All fishery activities will be banned in designated conservation areas, to be agreed upon in

advance by the Community Participation Committee.

1.4 Small-scale fisher communities will help monitor for illegal fishery activities, with additional

participation by local government agencies and local community leaders.

2 Penalties:

2.1 Formal verbal warning, documented for future reference, whether the offender is local to the

community or otherwise.

2.2 Confiscation of fishing gears, to be stored centrally to prevent repeat offenses.

2.3 Further penalties as deemed appropriate, to be agreed upon in advance by the Community

Participation Committee, e.g. revoking access to community funds.

2.4 In case the Community Participation Committee fails to apply the penalties in 2.1 to 2.3, the

offender will be handed over to the authorities, and prosecuted according to national legislation.

3 Monitoring:

3.1 Monitoring Groups will record information from monitoring activities in each community.

3.2 Monitoring Groups will hold regular consultation meetings to review information and develop

plans.

4 Other:

4.1 Co-management approaches involving small-scale fisher communities and relevant government

agencies will be promoted and supported.

4.2 Small-scale fishers must not be involved with illegal drugs, or any other illegal activities not

related to fishery activities.

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Current Status and Future Work

Current Status

At the provincial level, the provincial governor, local government agencies and relevant local

authorities have approved in principle the recommendations of the small-scale fisher communities. At

the national level, the small-scale fisher communities’ recommendations have been formally

presented to the Department of Fisheries (DoF), and there is general consensus and an outline plan on

securing small-scale fisheries on Koh Chang Island, in the context of the next Fishery Decree,

including encouraging and supporting the role of women in Trat Provincial Fishery Committee.

However, whilst there is general consensus and an outline plan, implementing such a plan would be in

conflict with both the new Fishery Decree and the National Park Act. Therefore, the current status is

that the small-scale fisher communities’ recommendations and the outline plan are currently with the

DoF and the Department of National Parks (DoNP), who will need to decide what legal provisions

can be made to allow the outline plan to be implemented in concrete terms. Apart from provisions to

specifically address local circumstances on Koh Chang Island, the small-scale fisher communities are

also calling for the controversial article 34 of the new Fishery Decree to be revoked, which would

otherwise limit small-scale fishers to operating within 3 nautical miles of the shore.

Future Work

Based on the current status outlined above, there is a clear need for ongoing advocacy work in order

to ensure that appropriate legal provisions are made to allow implementation of the outline plan to

secure small-scale fisheries on Koh Chang Island, and to ensure that article 34 of the new Fishery

37

Decree is revoked so that small-scale fishers are not restricted only to the nearshore zone. Sustainable

Development Foundation (SDF) is committed to continuing to advocate and campaign on these

issues, and this case study document will form an important part of that advocacy process.

Beyond this ongoing advocacy work, SDF will continue to work with Koh Chang Island’s women

small-scale fishers in the following four areas:

• Strengthen the network of small-scale fishers on Koh Chang Island, and more widely in Trat

Province and around Trat Bay.

• Advocate, promote and support the equitable participation of women small-scale fishers in

provincial decision-making bodies, notably the Trat Provincial Fisheries Committee as mandated

under the new Fishery Decree.

• Strengthen existing linkages and promote further integration between small-scale fisher

organizations in Trat Province and the nationwide Thailand Federation of Small-scale Fisher-folk

Association (FSF), including associated networks of women small-scale fishers active in the south

of Thailand.

• Coordinate and collaborate with women activists and gender networks generally in Thailand, in

order to advocate for the rights of women small-scale fishers, and promote and support their

equitable participation in decision-making bodies pertinent to their lives and livelihoods, whether

at the local or national levels.

38

Lessons Learned

In this final section, we summarize some of the lessons learned about promoting and strengthening the

rights of women small-scale fishers, based on our experiences in implementing this project.

These lessons learned are broken down into three categories: gender issues, governance issues and

advocacy approaches.

Gender Issues

Cultural and Social Issues

Thai society generally is very patriarchal. The physical and often dangerous nature of small-scale

fishery means men often play a dominant role, become the main source of income, and are therefore

considered the head of household. These factors can mean that small-scale fisher communities are

even more patriarchal than Thai society generally. Women often play a limited role in community life,

and tend to be underrepresented in local decision-making bodies. These cultural and social norms

have developed and become ingrained over many generations, and are often accepted

unquestioningly. Promoting the role of women small-scale fishers requires challenging these norms

and promoting more equitable alternatives.

Limited Understanding of Fundamental Rights

Small-scale fisher communities are some of Thailand's most marginalized communities, partly

because they are often small and geographically remote, and partly because commercial fishers

dominate policy debates. As a result, small-scale fisher communities often have poor access to

information regarding national policies and laws and international conventions and agreements,

limiting their knowledge and understanding about their fundamental rights. Given the aforementioned

cultural and social norms, within already marginalized small-scale fisher communities, women can

often be the group with least access to information, and therefore least knowledge and understanding

about their rights. Awareness raising and capacity building are therefore important components when

attempting to promote and strengthen the rights of women small-scale fishers.

Poverty is an Obstacle to Participation

For the poorest small-scale fishers, going out to sea is a daily necessity. Impoverish and indebted,

their survival is dependent upon their daily catch, as a source of both food and income. As mentioned

elsewhere in this document, small-scale fishers can easily spend 10-12 hours per day at sea, and this

does not include time spent preparing fishing gears beforehand, and time spent separating the catch

from their nets afterwards. This leaves small-scale fishers with little time to participate in non-

essential activities, that is activities not directly related to feeding their families or generating

household income. Such poverty, and the accompanying need to fish every day, is a particular

problem when it comes to advocacy activities. Often those whose livelihoods are most threatened, the

39

poorest members of the community, are those who are least able to participate in advocacy activities.

Ensuring their participation requires special care and attention.

Ensuring Equitable Participation Requires Specific Measures

One of the keys to promoting and strengthening the rights of women, the poorest families and other

marginalized groups is working to ensure equitable participation. Simply by affording opportunities

for these groups of people to participate, learn, share and take action, great progress can be made

towards protecting their fundamental rights and addressing their needs and concerns. However,

ensuring equitable participation of women and other marginalized groups requires us to understand

the cultural, social, economic and legal obstacles which have traditionally prevented their

engagement. This requires additional effort be applied, and specific measures be put in place.

Non-discriminatory Does Not Mean Equitable

When it comes to policies and laws, the fact that they are not discriminatory is not sufficient, and does

not mean that those policies and laws treat men and women equitably. As mentioned above, a host of

cultural, social, economic and legal factors stand in the way of women's equitable participation.

Therefore, for policies and laws to be truly equitable, they must specifically and proactively address

these various barriers that prevent women from participating on an equal footing with men.

40

Governance Issues

Conflicting Legislation

To some extent, the problems of Koh Chang Island's small-scale fishers stem from multiple,

conflicting, outdated and inappropriate laws. The National Park Act was never designed to cover the

case of marine national parks, and so does not adequately take into account small-scale fishery in the

nearshore coastal zone. Rights and entitlements in the Fishery Act are disregarded and infringed upon

by clauses in the National Park Act. The revised version of the Fishery Act promoted participation

and gender equality, but was replaced by the hastily conceived Fishery Decree, removing many

promising clauses. And so on.

Promising New Fishery Act and Marine Resources Act

Over the last year or so Thailand's Fishery Act has been revised and a new Promotion of Marine and

Coastal Resource Management Act enacted. Both of these new acts show much promise when it

comes to addressing the needs and concerns of small-scale fisher communities. Primarily, this is

because they both promote devolution of authority and participation in governance, setting up

Provincial Fishery Management Committees and Provincial Marine Resource Management

Committees respectively. Although the Fishery Decree has now replaced the revised Fishery Act,

undoing some of the good work, the Fishery Decree still mandates the establishment of Provincial

Fishery Management Committees.

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Political Instability and Poor Governance

In recent years Thailand has faced much political instability, with tense and violent conflicts between

rival political factions, military coups, constitutional reform and periods of authoritarian rule. Normal

democratic process has been difficult to maintain, and public participation in national governance has

become increasingly limited. In this context of political instability, Thailand's citizens cannot be

assured of some of the basic rights, entitlements and freedoms taken for granted in many developed

countries, and adherence to principles of good governance is in no way guaranteed. The curtailment of

freedom of expression and right to assembly are additional barriers to advocating for the rights of

small-scale fishers and other marginalized groups.

Advocacy Approaches

The Importance of International Frameworks

When national policies and laws fail to endorse and protect basic rights, entitlements and freedoms, as

is the case currently in Thailand, international frameworks can be very important instruments for

informing advocacy efforts and reminding national governments of their internationally agreed

obligations. International frameworks help spell out universal standards, educating marginalized

groups about their rights and entitlements, and providing globally agreed benchmarks against which

the achievement and progress of national governments can be reviewed. They help build confidence

among those groups fighting for their rights, and they help mobilize political will within national

governments.

Encourage Networking to Strengthen Advocacy

One of the best ways to strengthen advocacy campaigns is by promoting and supporting networking.

There really is strength in numbers. The more marginalized the target group, the greater the benefit

derived from networking. For example, small-scale fishers may individually feel unable to compete

with the political clout of commercial fishers. But as small-scale fishers begin to network, and realize

that across communities, provinces and other administrative boundaries they share common concerns

and well aligned ideas, their courage and confidence grows. Women small-scale fishers, often

characterized by limited presence in community activities and restricted participation in local decision

making, can sometimes feel that advocacy work is beyond their capabilities. But given the chance to

come together, share experiences, discuss concerns, access information and embrace new knowledge,

their outlook can change significantly, and they can feel emboldened to fight for their rights.

Ensuring Formal Representation of Women Small-scale Fishers

As mentioned above, it is not sufficient for a law to be non-discriminatory in order to ensure equitable

participation. Instead, specific additional measures must be put in place to ensure women can

participate on an equal footing with men. Neither the new Fishery Decree nor the existing National

Park Act make any special provisions to ensure the participation of women. However, both the

Fishery Decree and the Promotion of Marine and Coastal Resources Act call for the establishment of

local management mechanisms - the Provincial Fishery Management Committee and the Provincial

42

Marine Resource Management Committee Respectively. By working to influence the composition of

such local management mechanisms, it is possible to promote and support the formal representation of

women at least at the local level.

Annex: Specific Community Recommendations for Specific Fishing Activities

Type of Activity Community Recommendation Note

Beach Fishing

Collecting shellfish Surf clam – allow collection of individuals

3 centimeters or larger

Razor clam – allow collection of

individuals 1 centimeter or larger

Turban shell – allow collection of

individuals 3 centimeters or larger

Collection allowed throughout the year, in

accordance with traditional livelihoods

Coastal Fishing

Mullet Collection prohibited during spawning

season

Nets must have mesh sizes of 4 centimeters

or larger

Monsoon season May to October

Koei shrimp Walking and scooping with nets is allowed

beyond 1.5 meters from the shore

Using a boat and scooping with nets is

allowed beyond 3 meters from the shore

Only possible during the applicable season,

koei shrimp are not present year round

Shrimp nets At least 50 to 100 meters from coral reefs

Nets must have mesh sizes of 4.2

centimeters in line with national law

Shrimp nets are used during both monsoon

seasons

During the first monsoon, nets will be

placed outside Koh Chang Island area

During the second monsoon, nets will be

placed inside Koh Chang Island area

Squid traps At least 500 meters from coral reefs

Nets must have mesh sizes of 2.5 inches or

larger

Small boats cannot venture further out than

this, the rough conditions are too

dangerous

Fish traps At least 10 meters from coral reefs

Nets must have mess sizes of 2 inches or

larger

Not damaging to natural resources

Fishing mostly for family subsistence, not

considered a main livelihood

Reef squid Nets must have mesh sizes of 2.5 inches or

larger, they do not damage or impact upon

coral reefs

Using small boats only in the vicinity of

coral reefs

Area around Koh Rang Island not fished

Indian squid At least 100 meters from the shore

Nets must have mesh sizes in line with

national law

No dynamos / batteries allowed

Dynamo / battery

squid fishing

At least 500 meters from the shore

Nets must have mesh sizes of 3.2

centimeters or larger

-

Crab nets At least 200 meters from the shore

Nets must have mesh sizes of 4 inches or

larger

Strict enforcement required with larger

fishing boats

Crab traps Nets at the base of the traps must have

mesh sizes of 2.5 inches or larger, in line

with declaration of Ministry of Agriculture

Number of crab traps to be defined in local

fishery development plan

Crabs carrying eggs outside their shells

must be immediately released into the sea

Fish nets At least 10 meters from coral reefs

Nets must have mesh sizes of 4.7 inches or

larger

-

Sustainable Development Foundation (SDF)

Secretariat Office

86 Soi Ladprao 110

(Sonthiwattana Yeak 2)

Ladprao Road

Wangthonglang

Bangkok 10310

Tel: +66 (0) 2935 3560 - 2

Fax: +66 (0) 2935 2721

E-mail: [email protected]

Website: www.sdfthai.org

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