Link
to text of agreement
Status
of agreement
| Basic information |
| Date of adoption | 14 August 2001 |
| Place of adoption | Maputo, Mozambique |
| Entry into force | 8 August 2003 |
| Authentic text(s) | English, French, Portuguese |
| Summary of provisions |
Objectives
To promote responsible and sustainable use of the living
aquatic resources and aquatic ecosystems of interest to State
Parties in order to:
- promote and enhance food security and human health;
- safeguard the livelihood of fishing communities;
- generate economic opportunities for nationals in the region;
- ensure that future generations benefit from these renewable resources; and
- alleviate poverty with the ultimate objective of its eradication.
Scope
- Material
The conservation and exploitation of living aquatic resources and aquatic ecosystems, including fisheries and fisheries production, marketing and trade.
- Geographic
The Protocol applies within the waters under the jurisdiction of SADC members and on the high seas insofar as the ranges of living aquatic resources of State Parties extend outside the areas under their jurisdiction
Organizational mechanism
| Description of agreement |
The SADC Fisheries Protocol is a subsidiary Protocol to the South African Development Community Treaty. The Protocol is adopted under Article 22 of the SADC Treaty, which mandates SADC members to conclude such Protocols as may be necessary in each area of cooperation under the Treaty, which includes fisheries. It was approved by SADC fisheries ministers in Maputo at the end of May 2001 and formally adopted by the SADC Heads of State and Government in August 2001, seeks to provide a coordinated framework for a variety of fisheries issues amongst the member countries of the Southern African Development Community. It was developed over a number of years, negotiations having been initiated at a workshop for inland and marine fisheries held in Windhoek in February 1997 and further developed at various other meetings and consultations over the following four years. The Protocol entered into force in August 2003.
Objectives and scope
The Protocol is based on a number of, widely-stated, general objectives and principles. Concerning the objectives, these are expressed as promoting the responsible and sustainable use of living aquatic resources and ecosystems in order to:
a) promote and enhance food security and human health;
b) safeguard the livelihood of fishing communities;
c) generate economic opportunities for nationals;
d) ensure that future generations benefit from renewable resources; and
e) alleviate poverty with the ultimate objective of its eradication.
These objectives must be read in light of a number of general principles set out in the Protocol, which include: ensuring the participation of all stakeholders; the taking of appropriate measures to regulate the use of living aquatic resources and protect the resources against over-exploitation, whilst at the same time creating an enabling environment and building capacity for the sustainable utilisation of the resources; enabling the transfer of skills and technologies to enhance effective regional co-operation; and the promotion of gender equality.
The scope of the Protocol is also expressed quite widely to include not only
cooperation concerning activities relating to living aquatic resources within
the waters under the jurisdiction of the parties and to such resources which
extend outside the areas under their jurisdiction and to fishing, and related
activities, by nationals the parties; but also to international activities
outside SADC that promote the objectives of the Protocol.
Participation
As a protocol to the SADC Treaty, participation is limited to the Treaty participants (i.e. SADC members).
Institutional structure
The Protocol expressly states that the responsibility for its implementation is primarily national and does not specify in detail any institutional arrangements. Parties are urged, however, to establish a committee to oversee the implementation of the Protocol (but the form or functions of such committee are not specified). A general institutional structure is also provided by the SADC organizational framework itself: thus, for example, discussions on matters relating to the implementation of the Protocol and on fisheries matters generally may be organized at the ministerial level through the SADC structure. The Protocol also provides for disputes as to whether a resource is shared between parties to be referred to the SADC Integrated Committee of Ministers for determination and for disputes concerning the interpretation and application of the Protocol to be referred to the SADC Tribunal.
Main provisions and functions
The Protocol addresses a wide-range of issues. These include: the management of shared resources, the development of artisanal, subsistence and small-scale fisheries, the harmonization of fisheries legislation, cooperation in law enforcement, cooperation in international relations, including access agreements and high seas fishing, trade and investment, aquaculture, human resources development, science and technology and information exchange.
National responsibilities
The Protocol specifies a number of national responsibilities, to be observed in fisheries management, which are based on modern principles of flag States responsibility. Thus, parties are to: take measures, at national and international levels, suitable for the harmonization of laws, policies, plans and programmes aimed at promoting the objectives of the Protocol; adopt measures to ensure that their nationals act in a responsible manner in the use of living aquatic resources in areas within and beyond the limits of national jurisdiction; authorize fishing vessels only where they are able effectively to exercise their responsibilities under the Protocol; and ensure that vessels or nationals fishing in waters covered by the Protocol do not engage in any activity that undermines the effectiveness of measures adopted under it.
Management of shared resources
The Protocol requires parties to cooperate in various forms, including by:
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exchanging various information concerning shared resources; |
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establishing instruments for cooperation or integration of management of shared resources, including specialist scientific advisory groups; joint programmes and projects; joint technical or advisory committees on resources management; and joint ministerial commissions; |
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agreeing on, and implementing and enforcing, joint management plans; and |
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taking measures to to prevent and eliminate overfishing and excess fishing capacity, including fishing capacity from outside the SADC region. |
Harmonization of legislation
The Protocol calls on parties to take measures to harmonize legislation, particularly in relation to shared resources, and also calls for legislative cooperation in various other matters, including: the hot pursuit of vessels that violate the laws of one party and enter the jurisdiction of another party; procedures for the extradition to another party of persons charged with or convicted of fisheries offences; the establishment of region-wide comparable levels of penalties imposed for illegal fishing by non-SADC-flag vessels; consultation with regard to joint actions to be taken when there are reasonable grounds for believing that a vessel has been used for a purpose that undermines the effectiveness of the Protocol; and establish a mechanism for the registration of international and national fishing vessels as an instrument of compliance and as a means of sharing information on fishing and related activities.
Access agreements
The Protocol requires parties to cooperate in the establishment of harmonised minimum terms and conditions for access by non-SADC-flag fishing vessels to the fisheries resources of parties and to consider the joint negotiation of foreign fishing access agreements with a regional or sub-regional dimension, in particular with regard to highly migratory species. The terms and conditions under which SADC-flag vessels fish in the waters of other SADC States must be no less favourable than the minimum terms established for non-SADC-flag vessels.
High seas fishing
In relation to the management of high seas fishing resources, the Protocol urges parties to: recognise that all States have the right for their nationals to engage in fishing on the high seas; work towards effective management of the high seas living aquatic resources; collaborate in the establishment of common positions and policies with regard to the effective management of the high seas living aquatic resources; and support the activities of international organizations which conserve and manage living aquatic resources on the high seas.
Artisanal, subsistence fisheries and small-scale commercial fisheries
The Protocol provides an extensive list of areas of
cooperation designed to promote a rational and equitable balance between social
and economic objectives in the exploitation of living aquatic resources
accessible to artisanal and subsistence fishers. These include, inter alia: instituting legal, administrative and enforcement measures necessary for the
protection of artisanal and subsistence fishing rights, tenure and fishing
grounds; taking particular account of the needs of socially and economically
disadvantaged fishers; developing and nurturing small-scale commercial fisheries;
and facilitating the provision of physical and social infrastructure and support
services for the development of artisanal, subsistence and small-scale
commercial fisheries.
Trade and investment
The Protocol calls on parties to promote sustainable trade and investment in fisheries and related goods and services by: reducing barriers to trade and investment; facilitating business contacts and exchange of information; and establishing basic infrastructure for the fisheries sector. It also calls on Parties to create favourable economic conditions to support sustainable fishing and processing activities in order to promote regional food security and fisheries development and provides various criteria for the establishment of joint ventures.
| Further information and references |
- Internet sources
- Bibliographic references
R. Sherman, Briefing on National, Regional and International Fisheries and Marine-Related Agreements, Briefing for the Environmental Monitoring Group, March 2003