III. The governance of fishery: an accumulation of
standards, treaties and agreements
The topic of fisheries governance at all levels seems relevant
for the rest of this essay as it allows us to understand the current state of
the fishery sector. We will focus here on the details and analyse the
regulations in place to evaluate their relevance, effectiveness in fighting
unsustainable practices and their coherence.
1. The international and regional governance of
fisheries
International institutions in cooperation with regional bodies
have established the regulations that are in place and have led to the state of
the fisheries sector as we know it today. As always, the FAO leads discussions
surrounding fisheries and produced numerous plan of action, codes and technical
guidelines that inspired other levels of governance to establish like-minded
documents.
The Code of Conduct for Responsible Fisheries
elaborated by the 170 States Members and based on major international
documents32 had two main objectives. First, a change in practices to
go towards more sustainable and rational use of marine resources; and second,
the involvement of all stakeholders in the decision-making process (FAO 1995).
While it continues to be the reference document regarding the sustainable
management of fisheries for all levels of governance (FAO 2014), The Code fails
to address new concerns that are now undertaken in more recent documents. The
dangerously unsustainable size of the international fleet has raised concerned
worldwide in the late 90's and led to the drafting of the International
Plan of Action for the Management of Fishing Capacity (FAO 1999).
Subsequently, countries have vowed to reduce their national fleet by
setting targets. This document also led countries to impose restrictions
regarding their IEZ for certain boats and equipment. Yet, while the number of
fishing vessels decline in areas they increased in others (FAO 2014). This is
particularly the case in West Africa where vessels from North America, Western
Europe and South Asia are pouring in. Following the overexploitation of their
own marine resources they now operate in large numbers in West African waters.
Industrial boats such as trawlers especially Korean ones
32 The United Nations Convention on the Law of the Sea
(1982) and the Convention on Biological Diversity (1993)
44
have been accused and found guilty of fishing too close to
Sierra Leoneans' coasts violating the 5 miles IEZ in place33. As of
2014, the FAO produced close to 30 technical guidelines to support fisherfolks
and governments in the implementation of the Code and the improvement of their
practices.
The United Nations, through the United Nations Law of the
Sea Convention, always encourages the cooperation between countries
especially regionally in order to implement more tailored policies and boost
regional activity (UN 1982). This initiative comes from the observation that
regional and sub-regional management has more potential and is more effective.
Regional Fishery Bodies (RFB) are first in line when it comes to the regional
management and monitoring of fisheries. They represent a useful tool for
countries who wish to secure their marine resources. They have proved to be so
crucial to the combat against unsustainable practices. Approximatively 50 RFBs
exists and are playing the role of facilitator between the FAO and the States.
In 2013, the UN General Assembly Resolution on Sustainable
Fisheries34 established the obligation of States to cooperate and
become members of a Regional Fisheries Management Organization (RFMO) in order
to be in compliance with international law35. In that sense Sierra
Leone is part of regional and sub-regional organizations and unions that tackle
more or less issues related to fisheries: the Economic Organization of West
African States (ECOWAS) that established in 2015 the West Africa Regional Food
Security Reserve (RFSR); the Fisheries Committee of the West Central Gulf of
Guinea (FCWC) and the Manu River Union (MRU) with Ivory Coast, Guinea and
Liberia.
In Africa, the Economic, environmental, and social
evaluation of Africa's small-scale fisheries report published by the World
Bank in 2015, acts as a reference document for the regional conduct of FAO
policies. The objective of the report was to determine the link between the
quality of governance and SSFs performance. It was concluded that fisheries
with tenure systems allowed for more earnings among SSFs. Tenure rights in
fishery establishes how fisherfolks but also companies or cooperatives access
marine resources. Introducing tenure rights in SSFs can secure their rights or
acquire new ones and therefore allow them to operate
33 Ibid, p.47
34 A/RES/68/71 - Sustainable fisheries, including
through the 1995 Agreement for the Implementation of the Provisions of the
United Nations Convention on the Law of the Sea of 10 December 1982 relating to
the Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks, and related instruments.
35 Ibid, p.81
45
without the constraint of uncertainty regarding their catch
and whether they are violating laws or not. Tenure rights in the context of
fishery is inefficient in areas where national and regional governance is of
poor quality or nonexistent (World Bank 2015). In Sierra Leone tenure rights in
the context of fisheries is not as developed as tenure rights for land and the
only regulation protecting SSF is the IEZ which allocate space exclusively
dedicated to small scale fisherfolks but not to specific communities. The poor
governance of tenure right in fisheries allows for illegal fishing and limits
the legal remedies coastal communities can access (FAO 2014). The current
document dealing with tenure rights in the context of fisheries is the FAO
Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries
and Forest in the Context of National Food Security produced in 2012 (FAO
2012). RFB and national bodies are encouraged to cooperate and build on these
guidelines to implement them and produce similar documents adapted to the
specificities of each region and sub-region.
The capacity of Sierra Leone to implement and enforce
international and regional policies remains limited. The MFMR is currently
unable to efficiently implement and enforce policies regarding the protection
of SSFs and monitoring of marine resources due to scarce manpower and
disorganization (Neiland, et al. 2016). After a review conducted by experts the
Management and Functional Review concluded that : «The capacity and
capability of the Ministry in 2012 has barely changed from its 2006 levels . It
remains woefully under Ð capacity» (GoSL 2012). The MFMR is the main
body that manages the implementation and monitoring of fisheries in Sierra
Leone.
| 
