Advocacy in Cambodia: Increasing Democratic ... - Pact Cambodia

Kompong Som for allegedly inciting residents to
protest the dumping of toxic materials from
Taiwan near their community.
Communities are becoming increasingly
frustrated by the combination of escalating
disputes and lack of resolution. Consequently,
some communities are opting to take matters into
their own hands. In Koh Kong, after years of
petitioning provincial authorities and the
Department of Fisheries, illegal fishing prompted
one community to steal a boat and confiscate
illegal fishing gear (see boxes). In Pursat, a forest
community seized illegally felled trees when
forestry officials refused to take action. As
previously mentioned, in Kompong Chhnang
villagers dragged an illegal pump from a local pond
and deposited it at the Department of Fisheries
office. Often communities feel compelled to take
direct action because law enforcement agencies,
local authorities, and NGOs are not taking action
themselves, and on the contrary, can sometimes
be part of the problem. As communities have
effectively no higher independent authority to
which they can appeal, the only recourse for them
is to put a stop to violations through direct action.
Unfortunately, this can increase conflict rather
Communities are becoming increasingly frustrated
by the combination of escalating disputes and lack
of resolution. Consequently, some communities are
opting to take matters into their own hands. In the
case of fisheries, this can take the form of seizing
illegal fishing nets like the one shown below in
Kompong Chhnang province.
than lead to long-term reconciliation between
parties.
While some NGO workers feel comfortable
dealing with community-level conflict, most do
not have experience in activism and feel helpless
Fisheries Dispute: Villagers Take Action
Srey Ambil District, Koh Kong
In 2002, an NGO initiated a project in Koh Kong to address villagers’ request for assistance in combating illegal
fishing in their province. Since villagers in Koh Kong rely on fishing for an estimated 80% of their livelihoods, use of
illegal fishing gear and illegal fishing by boats entering from Kompong Som was presenting a major problem. The
NGO project aimed to facilitate communication between Koh Kong villagers and other fishing communities, facilitate
cooperation within the fishing community, and help people assert their rights. The project began by forming fishing
groups in four villages and taking the groups to visit successful community fisheries projects in Riem National Park.
Prior to 2002, village groups had submitted petitions to local authorities asking them to solve the illegal fishing
problem and combat the use of illegal gear, such as the pompang (a net that catches even the smallest fish).
Petitions were sent to village, commune, and district authorities, as well as to the governor. At one point, the
governor asked a Department of Agriculture Officer to investigate. Upon doing so, the DoA Officer confiscated illegal
nets from neighboring villagers and asked net owners to sign their names on a document that said if they ever fished
in the area again the government would take legal recourse. However, this measure did not solve the problem of
boats entering from Kompong Som, a problem which was further compounded by the fact that people in Kompong
Som had their own livelihood problems due to low fishing catches from the sea. In addition, even though the government
had confiscated illegal fishing gear, the gear would eventually find its way back to its owner.
Increasing Democratic Space
Frustrated with the lack of effective action, in January 2002, 15 people from one village went to a neighboring village
and stole a boat that contained illegal fishing gear. The gear was removed. The following day, the boat owner
negotiated with villagers to return the boat and gear. An agreement was made that the villagers would not impose
any fines at that time, but that if the problem reoccurred they would remove the gear and fine the owner Riel 20,000
($5) for every kilogram of his personal weight, a common way of calculating fines in Cambodia. Villagers explained
that they were not interested in the fines as much as in putting a halt to illegal fishing. They felt they needed to take
direct action because the government had not been able to put a stop to fishing violations.
Reacting to the above incident, local authorities said it would be best for villagers not to engage in direct action
because one day they might cross paths with a boat owner with a gun. NGO staff felt that the villagers had the right
to take action due to continued fishing violations that were not solved through government channels, though the NGO
was not involved with planning the incident and was not present when the events took place.
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