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

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1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 fisheries 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 The fisheries industry provides employment to over two million people and supplies over 75% of Cambodia’s animal protein needs. 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 1234567890123456789012345678901212345678901234567890123456789012123456789 Case Studies Overview of Advocacy Activities Cambodia currently has the world’s fourth largest freshwater fisheries industry, with annual production averaging between three and four hundred thousand tons of fish per year. This industry provides employment to over two million people and supplies over 75% of the country’s animal protein needs. According to an Oxfam Great Britain study, 20% of Cambodia’s rural population depends on fisheries. Legislation The fisheries industry in Cambodia is currently administered under the Fiat Law of the State of Cambodia dated 9.3.1987. This law defines three types of fishing: • large-scale commercial fishing, administered through concessions that are, in principle, awarded through public auctions; • medium-scale fishing, in which licenses are awarded and license holders pay a tax to the Department of Fisheries according to the size of the fishing gear and the horse power of the boat; and • small-scale family fishing, which can take place any time except in protected areas and in fishing lots during the closed season (October to June). While legally sound, the current fishing law is outdated in its references to solidarity groups and state-owned lots, and is generally lacking in details. The small-scale fishing category is considered impractical by a number of development workers because it limits families to subsistence fishing and thereby does not allow them to fish using sustainable practices to improve the quality of their lives. Fishing Disputes Draw Attention Since the move to a market economy began in 1989, the government has been commercializing freshwater fisheries to generate national revenues. As a result, the area reserved for fishing concessions has increased significantly. Although technically public, the process of awarding concessions is not transparent and no information is disseminated to villagers. As a result, an increasing number of fishing communities have been barred access to traditional fishing grounds, representing a severe threat to their livelihood. Not surprisingly, the number of reported fishing disputes increased in the mid-1990s, in the same way that land disputes increased. In 1999, the NGO Forum, a network with a current membership of 62 organizations, formed an environmental working group that met on a regular basis to discuss natural resource issues. In December of that year, the NGO Aphiwat Sitrey brought a fisheries dispute case (which had occurred in Battambang and resulted in a shooting), to the attention of the working group. Aphiwat Sitrey asked the network for assistance in resolving the case. When a representative from the Mekong River Commission made a presentation to the working group on the overall situation of fisheries in Cambodia and brought up similar problems, the decision was made to give fisheries disputes further consideration. A smaller, fisheries working group was formed and interested actors were invited to discuss cases. In February 2000, the newly formed network organized a public forum in Battambang to discuss fishing disputes. Deputy Prime Minister Sar Kheng and the Minister of Agriculture attended the meeting, as did parliamentarians, provincial and local authorities, department officials, and concerned communities members. At the 46
conclusion of the forum, the government promised to address the issue and allocate fishing areas to the community concerned. However, government officials indicated it would be necessary to conduct a study first. The study was conducted, but its results were considered unsatisfactory by the NGO community due to the lack of resources used in conducting the study such as appropriate equipment to map lots. Oxfam GB provided the provincial Department of Fisheries (DoF) in Battambang with a $1,000 grant to conduct a study, which was later entitled Mini Case #1: All Our Livelihoods Are Dead. The resultant study indicated that lot areas would indeed be turned over to communities, but that the lots suggested were inappropriate because they had no fish in them in the dry season. Following the public forum, local NGOs in Battambang formed a smaller provincial fisheries network. Members included Krom Aphiwat Phum, Village Support Group, Aphiwat Sitrey, Chivit Thmey, KNCED, CFDS, and LEUCINA. Meanwhile, in Phnom Penh, the fisheries working group met to discuss follow-up activities. A case study of the Battambang dispute was prepared and distributed to NGOs, government staff, and donors. The DoF, however, did not appreciate the report, which it perceived as being critical of the DoF. The purpose of the report was to disseminate information while encouraging network members to report back on any other similar disputes in their areas. A presentation was made to the environment working group. As many participants had cases to add to the discussion, the working group decided to document other cases in Stung Treng, Kompong Chhnang, and Kompong Thom. The NGO Forum, which published the case studies, has been progressively improving them. The Kompong Thom report produced in July 2001 provides an excellent example of documenting a case and identifying which laws have been violated. Daily fishing activities in Battambang province. Since 1989, the government has been commercializing freshwater fisheries and the area reserved for fishing concessions has increased significantly. As a result, an increasing number of fishing communities have been barred access to traditional fishing grounds, representing a severe threat to their livelihood. As the number of disputes reported increased, the NGO Forum decided to organize provincial fisheries workshops to discuss fisheries management starting in October 2000. These were conducted in Battambang, Kompong Cham, Pursat, Kompong Thom, Kompong Chhnang, Kratie, Stung Treng, and Kompong Som (for the three coastal provinces of Kompong Som, Kampot, and Koh Kong). Representatives of fishing communities and NGOs were then invited to attend a national workshop on fisheries management in Phnom Penh held in December 2000. The workshop was organized by Wetlands International for the DoF and funded by Oxfam America. Oxfam’s support made it possible for NGOs to request that nongovernment staff and community members be included; had it not been for this, it is unlikely that the DoF would have invited them. The workshop proved to be a challenge for the DoF, which until then had not had experience in open consultation with NGOs. Although the discussion was productive, the workshop did not result in an action plan - the government indicated that it was already addressing NGO and community concerns regarding fisheries through the above-mentioned provincial sub-decrees on Removal of Fishing Lots and Reduction of Fishing Grounds. In August 2000, Oxfam GB’s workshop on landlessness suggested that forestry and fisheries were important factors contributing to the livelihood of the poor. The Land Study Project, which found that 20% of the rural population depended on forestry while another 20% depended on fisheries, was expanded to include a review of these two sectors. A consultant conducted a review of existing legislation, and the report, which recommended co-management of fisheries resources, was widely circulated. Prime Minister Announces Reduction of Fishing Concessions Provincial Fisheries Sub-Decrees Passed While NGOs were learning the extent and Case Studies 47
Page 1 and 2: advocacy in cambodia: increasing de
Page 3 and 4: executive summary The Cambodian non
Page 5 and 6: sectors reviewed in this document
Page 7 and 8: livelihood of populations, includin
Page 9 and 10: Pursat Rice Miller’s Association,
Page 11 and 12: Protected Forest and Land Dispute:
Page 13 and 14: implementation. Without policy impl
Page 15 and 16: drafts incorporated into the new La
Page 17 and 18: the relocation site and not at the
Page 19 and 20: Landless Families: O’thkov Villag
Page 21 and 22: Short-term and long-term implicatio
Page 23 and 24: EMOs do not traditionally base thei
Page 25 and 26: or even fearful to solve conflicts,
Page 27 and 28: collection of information on public
Page 29 and 30: each month. Facilitating Engagement
Page 31 and 32: analyzing impact of advocacy activi
Page 33 and 34: communities and NGOs can work with
Page 35 and 36: influencing the legislative process
Page 37 and 38: informal contacts and being able to
Page 39 and 40: CHART OF LEGISLATIVE PROCESS (10) K
Page 41 and 42: considerable public attention, but
Page 43 and 44: lessons learned Advocates have lear
Page 45 and 46: ecommendations The following are re
Page 47: conclusion Outside of human rights
Page 51 and 52: level can sustainable resource use
Page 53 and 54: literature, interviews, and field v
Page 55 and 56: Future Considerations The following
Page 57 and 58: Timeline of Land Issues Over the Pa
Page 59 and 60: The new Land Law will require betwe
Page 61 and 62: labor The garment factory labor mov
Page 63 and 64: input from AFL-CIO, the largest lab
Page 65 and 66: intervene are by activating the Lab
Page 67 and 68: ights have, in principle if not in
Page 69 and 70: commune council election law The ca
Page 71 and 72: maximize the group’s collective i
Page 73 and 74: communication between EMOs and dono
Page 75 and 76: The CCEL campaign was the first opp
Page 77 and 78: in every four women (25%) aged 15-4
Page 79 and 80: estimates the number of sex workers
Page 81 and 82: elections saw an increase to 14 fem
Page 83 and 84: healthcare. While many women know t
Page 85 and 86: losing influence. For this reason,
Page 87 and 88: plaintiffs at a disadvantage. A sec
Page 89 and 90: level to increase interaction betwe
Page 91 and 92: courses for members of the media (p
Page 93 and 94: economic issues NGOs are advocating
Page 95 and 96: come together to discuss problems a
Page 97 and 98: the issue on the government’s age
Page 99 and 100:
premier center for rights-based and
Page 101 and 102:
Penh. Watson, Gabrielle, 2000. Advo
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