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Preventing illegal, unreported or unregulated fishing operations
by Greenpeace, Stop Illegal Fishing, agencies
 
May 21, 2015
 
Greenpeace says Chinese vessels illegally fishing off Africa. (Reuters Africa)
 
Chinese fishing boats have been illegally fishing off West Africa, Greenpeace said on Wednesday, adding that Chinese companies expanded operations in Africa from 13 vessels in 1985 to 462 vessels in 2013, but the government claims they are within the law.
 
One fifth of China''s distant water fishing fleet now operated in Africa, Greenpeace said in a report, and was dominated by bottom trawlers, "one of the most destructive fishing gears in the modern fishing industry."
 
Over a 10-year period, 183 illegal fishing cases involving 118 Chinese vessels were reported in six West African countries - Gambia, Guinea, Guinea-Bissau, Mauritania, Senegal and Sierra Leone.
 
Within 26 days at sea, Greenpeace discovered an average of one new illegal Chinese fishing case every two days, noting these infractions were likely "just the tip of the iceberg".
 
China''s foreign ministry said Chinese fishing companies in Africa abided by the deals they have signed with governments in Africa.
 
But Greenpeace argued Chinese fishing operations in West Africa were a "double standard", as China had improved sustainability provisions in its own domestic legislation while continuing to defy laws in Africa.
 
Several of the illegal fishing cases occurred when African nations such as Guinea were trying to deal with Ebola, and as China offered assistance to African countries during the outbreak.
 
Many of the vessels tracked had not installed or turned on their Automatic Identification System devices, a system used globally to record data from ships activities.
 
The report singled out China National Fisheries Corporation, the country''s largest distant water fishing company, as a repeat offender.
 
Along with Dalian Lian Run Overseas Fishery Corp and Shandong Overseas Fisheries Development Co. Ltd., the company also under-declared its vessels gross tonnage, the report said, with its actual fishing capacity exceeding its authorised limit by 61 percent in the first half of 2014.
 
http://www.greenpeace.org/international/en/press/releases/New-evidence-shows-Chinese-West-African-governments-must-rein-in-rogue-fishing-fleet/
 
Madagascar fisheries ravaged by foreign plunder, by Wonder Chinhur. (Equal Times)
 
Maicon Ratsiraka, 48, throws his eyes far into the still waters surrounding the African island nation of Madagascar.
 
Ten years ago he and his two brothers would harvest 60 kilograms of sardines every week, earning US$370 during good times.
 
Today, his six metre-long boat can no longer sail the three kilometres into the ocean where significant populations of sardines and prawns are found.
 
If he does, his boat is likely to be impeded or attacked by the massive Chinese, Thai and South Korean vessels that illegally poach fish in the Indian Ocean surrounding Madagascar.
 
As a result, his income has tumbled. As of this January, his weekly catch now earns him a mere US$57.
 
“We feel powerless, ashamed, jobless,” says Maicon who works in Toamasina, the country’s biggest seaport and second largest city after the capital, Antananarivo.
 
“Big Chinese ships are robbing us of fish and wiping away our livelihoods.”
 
Situated off the east African coast, Madagascar has some of the richest fishing stocks on the continent. Its vast waters, however, are open to illegal, usually foreign, plunder.
 
Fishing statistics in Madagascar are poorly recorded but in 2008, an estimated 130, 000 tons of fish were caught in Madagascar.
 
But illegal fishing from foreign trawlers is threatening the livelihood of an estimated 100,000 people in 1250 coastal fishing communities across the country, but most severely in coastal cities like Toamasina and Nosy Be.
 
Local fishermen estimate that two foreign vessels can catch, process and freeze the same amount of fish that 30 open dhow boats can produce in one year.
 
These foreign pirate ships operate at night and are rarely caught, switching off their radio identification signals to evade police patrols.
 
Under the cover of darkness, gangs bring down illegal fishing nets fitted with deep hooks to trap high-value fish such as prawns, mackerel, tuna, shark and trout, which are then sold for a significant profit in the markets of Beijing, Seoul and Kuala Lumpur.
 
For example, shark fin soup, a delicacy in China, sells for as much as US$300 per bowl.
 
The Madagascar Fisheries and Wildlife Commission, a government body that regulates fishing permits, told Equal Times that by 2001 the shark fish population around Toamasina was decreasing by a rate of six per cent per year.
 
Fast forward to the period between 2005 and 2014, and that rate had jumped to 23 per cent.
 
“The fall in fish stocks is alarming for a poor island like ours,” Antonio Jengar, a government statistician, in Toamasina told Equal Times.
 
The Antananarivo Boat Fishers Agency, an affiliate of the national Confederation of Malagasy Workers, says that in 2004 there were 406 boat fishers under its membership. In 2015, only 159 remain in employment.
 
“Most fishermen are discouraged by falling fish levels and boats rendered useless by Chinese poachers,” says Asiko Bombay, the union’s treasurer.
 
He says that many unemployed fishers have sold their boats in order to try their hand at rice farming instead.
 
“Foreign vessels are operating from gigantic mother ships fitted with instant freezing technology,” says Andrei Gatts a water ecology manager with the Madagascar Fauna and Flora Group (MFG), a consortium of international zoos, aquariums, botanical gardens and universities working with the Malagasy government to protect the country’s biodiversity.
 
Working through the night, they use smaller speed boats to supply mother ships lying further out at sea.
 
Prog Messa is leading a group of 100 fishermen in a court case to try and force the government to ban Chinese trawlers from fishing within 30 kilometres of the country’s shores.
 
“The Chinese are grounding us,” he said. “They are trying to stop us from fishing. They use mighty strength.”
 
Madagascar may have some of the world’s most precious marine species and 90 per cent of its wildlife cannot be found anywhere else on earth – but this is now at risk.
 
Meanwhile, marine tourism, which has created 10,000 direct jobs in towns like Toamasina and Morondava, is under serious strain.
 
“The Chinese don’t respect Madagascar’s marine life at all,” says Gatts.
 
Volanirina Ramahery, a marine program coordinator for the World Wildlife Fund (WWF), tells Equal Times that there are laws in place to protect marine life in Madagascar but they “are not properly implemented”.
 
If this continues, the social and environmental results could be “very negative”.
 
“If they carry on as they are, they will push the ecosystem to the brink of collapse.
 
“The disappearance of sharks, for example, would devastate local marine habitats. A collapse in the shark fishing industry threatens economic stability and means a loss of direct livelihoods for thousands of fishermen.”
 
However, the government of Madagascar, weakened by decades of political instability, is powerless to stop the plunder of its sea wealth.
 
Madagascar, one of the world’s poorest countries with an income capita of just US$419, has just 11 police speed boats to patrol its 4828 kilometre coast.
 
Bombay claims that some police officers and public prosecutors are bribed by rich foreign ship owners to turn a blind eye to the plunder.
 
According to the Transparency International, Madagascar ranked 133 out of 175 in the world’s most corrupt countries index for 2014.
 
MFG says some Chinese ships are using DDT, a dangerous pesticide banned by the UN Stockholm Convention, in order to kill large quantities of fish at once.
 
But DDT also kills periphery sea life, and inhuman beings DDT has been linked to the development of some cancers and reproductive health complications.
 
Local workers who sound the alarm and challenge the trawler face intimidation and even violence.
 
Some whistle-blowers have been attacked with machetes by gangs hired by the poachers or have had their creaky boats taken apart at sea.
 
It is no surprise, therefore, that some local fish workers end up joining the illegal fish trade.
 
With no prospect of finding other work, some fishers ending up killing sharks to sell to the Chinese ships, earning as much as S$170 per kilogram.
 
“It’s an ecology disaster, horrible, I know,” admits one boat worker, “but this money feeds my family”.
 
Workers from rural villages are also being recruited to aid the poachers.
 
They use their hard-earned savings to spend US$800 on the promise of getting well-paid jobs on high seas ships.
 
But these recruitment scams leave workers at the mercy of poachers who force them to toil for weeks and even months on end without pay.
 
Inside the captive ships many complain of sharing cardboard bunks and working 18-hour shifts.
 
And instead of monetary payment some workers receive frozen fish which are of little value in the country’s fish markets.
 
“Men duped this way work at sea for weeks in Chinese ships with little air, in temperatures of 40°C, 50°C,” explains Genevieve Hodyo a local lawyer working with the fishermen’s union to get compensation for abused workers.
 
On various fronts there is a fierce battle taking place for control of Madagascar’s fish resources, and given the country’s fragile political and economic state, ensuring that the people of Madagascar actually benefit from its marine wealth will be crucial for the island’s future.
 
02-04-2015
 
Tribunal throws lifeline to coastal states facing foreign vessel threats to fisheries.
 
Gland, Switzerland: Countries facing depletion of their fisheries by foreign vessels have been thrown a lifeline, with an international tribunal ruling that countries can be held liable for not taking necessary measures to prevent illegal, unreported or unregulated fishing operations by their vessels in the waters of other countries.
 
The ruling is included in an Advisory Opinion issued today by the International Tribunal for the Law of the Sea (ITLOS)on the application of the West African Sub Regional Fisheries Commission (SRFC) – comprised of Cape Verde, The Gambia, Guinea-Bissau, Mauritania, Senegal and Sierra Leone.
 
WWF, which has long sought clearer definition of flag state obligations for vessels, supported the action and filed two Amicus Curiae (friend of the tribunal) briefs during the deliberations.
 
"This is a very welcome ruling that could be a real game changer," said WWF International Marine Programme Director John Tanzer. "No longer will we have to try to combat illegal fishing and the ransacking of coastal fisheries globally on a boat by boat basis."
 
The Advisory Opinion stated that countries have a duty of due diligence to ensure that their fishing vessels do not engage in illegal, unreported and unregulated (IUU) fishing in the waters of other countries and can be held liable for breach of this duty.
 
The Advisory also holds that the European Union can have the same due diligence duty as a flag State, when they are the party to fisheries access agreements with other states.
 
Illegal, unreported and unregulated fishing in coastal waters costs the world $US20 billion annually, undermines fisheries management and robs coastal communities of food and livelihoods.
 
West African waters are believed to have the highest levels of IUU fishing in the world, representing up to 37% of the region''s catch.
 
The due diligence obligation means that flag States will have to take enforcement actions to ensure their vessels comply with the laws of SRFC member states and take measures necessary to ensure that their vessels comply with protection and preservation measures adopted by the SRFC member States.
 
The Tribunal also strengthened the obligations of neighbouring coastal states to each other, stating that ''The conservation and development of shared stocks in the exclusive economic zone of an SRFC Member State require from that State effective measures aimed at preventing over-exploitation of such stocks that could undermine their sustainable exploitation and the interests of neighbouring Member States.''
 
http://www.stopillegalfishing.com/news.php


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Freedom of expression under pressure in Burma andThailand
by UN News, agencies
 
UN rights expert calls on Myanmar to address worrying signs of backtracking on rights in pivotal year.
 
The United Nations Special Rapporteur on the human rights situation in Myanmar, Yanghee Lee, called on the country’s authorities to rapidly address ongoing challenges to the democratic reform process “before they undermine the success achieved so far.”
 
“I was very disturbed by reports on 10 March that excessive and disproportionate force had been used against students and other civilians and that 127 people were subsequently arrested,” Ms. Lee said during the presentation of her first report to the UN Human Rights Council. While welcoming the release of some detainees, she called for “the immediate release of all the others.”
 
Focusing on key issues surrounding democratic space, the expert drew special attention to the pressure on human rights defenders and journalists, including reports of regular surveillance, as well as prosecutions under outdated defamation, trespassing and national security laws, which have a severe “chilling effect on civil society activities.”
 
“A free and independent media has a vital role to play in any democratic society,” she said welcoming the Government’s efforts to reform media governance. “However, I am concerned that journalists are still being interrogated and arrested, and that 10 journalists were imprisoned in 2014. This needs to stop if Myanmar wants to create a meaningful democratic space.”
 
While noting that economic development had benefited some in the country, the independent expert urged the Government to ensure that “others are not left out” and called for “a human rights-based approach to development programmes.”
 
The Special Rapporteur expressed concern about the alarming escalation of fighting in the Kokang region, where over 100 civilians are reported to have died and tens of thousands have been displaced. “Even during a state of emergency, the Government has an obligation to strictly uphold fundamental human rights,” she highlighted.
 
“Far too often the people of Myanmar have suffered from the resurgence of violence and human rights violations in ethnic border areas,” the expert said, noting that there has been limited success in addressing the underlying issues at the heart of the conflicts, including control over and benefit from natural resources and accountability for human rights violations.
 
Ms. Lee warned that discrimination against ethnic and religious minorities was another factor fuelling conflict and expressed alarm on the package of four bills currently before Parliament that risks increasing tension.
 
“During my last visit in January 2015, I witnessed how dire the situation has remained in Rakhine State. The conditions in Muslim IDP camps are abysmal and I received heart-breaking testimonies from Rohingya people telling me they had only two options: stay and die or leave by boat,” she said.
 
The expert also cautioned against any provision in the Rakhine Action Plan that would classify Rohingyas as ‘illegal aliens’ and subject them to possible prolonged internment in camps or removal from the territory. “The expiry at the end of March 2015 of the temporary white cards held by many Rohingyas as identity documentation raises more uncertainties and further increases their vulnerability,” she stressed.
 
The Special Rapporteur made a call for collective efforts to find “meaningful ways to improve the human rights of all in Rakhine State.”
 
17 March 2015
 
A Burma (Myanmar) court has jailed a New Zealand bar manager and two Burmese colleagues for two-and-a-half years for insulting religion by using a psychedelic image of Buddha wearing headphones to promote their bar.
 
The case comes amid a surge in Buddhist nationalism in Burma with monks forming groups aimed at promoting the country’s Buddhist character.
 
New Zealander Phil Blackwood, bar manager Htut Ko Ko Lwin and bar owner Tun Thurein had all pleaded not guilty. They were sentenced to jail with labour, the court said on Tuesday.
 
Rights groups condemned the verdict as an assault on freedom of expression and called for the trio’s release.
 
“The authorities are clearly trying to make an example with this case, but ironically all it has done is hurt the image of Burma and Buddhism,” said Matt Smith, executive director of the Bangkok-based group Fortify Rights.
 
Some people have compared the case with recent remarks made by a prominent monk and Buddhist nationalist, Wirathu, who called a UN human rights envoy a “whore”.
 
A senior monk and an official in the religious affairs ministry told Reuters in January that Wirathu’s remark could harm Buddhism. He has not been charged.
 
At a hearing in December, Blackwood said he had not intended to offend Buddhism when he posted the image on the bar’s Facebook page to advertise a cheap drinks night.
 
He said he had removed the image and posted an apology when he realised it was being shared online and provoking outrage.
 
“These men expressed contrition for what they said was a mistake, but meanwhile extremists like Wirathu have incited violence in the name of Buddhism and publicly attacked a senior UN official with truly offensive remarks,” Smith said.
 
Burma’s semi-civilian government has lifted restrictions on freedom of speech, association and media, but reforms have been accompanied by a rise in Buddhist nationalism.
 
The main targets of the nationalist movement have been Muslims, who make up about 5% of Burma’s 53 million people. At least 240 people have been killed in sectarian violence since June 2012, most of them Muslims.
 
Parliament is due to debate laws, including regulations on religious conversions and interfaith marriages, which were initially proposed by a “committee to protect race and religion”, one of the main Buddhist nationalist groups associated with Wirathu.
 
Mar 2015
 
Archaic laws enforced by Thai military crack down on criticism of monarchy, writes Samantha Hawley.
 
Thailand''s age-old law, lèse-majesté, is being used more than ever by the ruling military. The laws make it an offence to criticise, insult or mock the monarchy. And if you do, you can expect lengthy jail time.
 
At cinemas all over Thailand, after the shorts and before the main movie, the national anthem rings out.
 
And everyone in the theatre must stand to pay respect. And when I say "must", I mean "must".
 
It''s the law: if you don''t stand, you could be detained under the nation''s lèse-majesté laws.
 
A morning jog around Bangkok''s Lumpini Park is interrupted by the anthem too. Everyone must stop in their tracks and stand still. It''s against the law not to.
 
In Britain, mocking the royal family is a national pastime. In Thailand, it''s one of the most serious offences, punishable by up to 15 years in jail.
 
Article 112 of Thailand''s criminal code states that anyone who defames or insults the monarchy will be punished.
 
Bail is often denied and trials are held without media scrutiny. Exactly what the offence was is often never made public, because detailing it could be repeating the crime.
 
Since the military took power in a bloodless coup in May last year, the use of this draconian law, which was first drafted in the early 1900s, has dramatically increased.
 
In recent weeks, it''s the case of two university students that''s shocked international onlookers.
 
Two young Thais, both in their early 20s, were jailed for two-and-a-half years for insulting the monarchy in a university play.
 
The father of one of the students, who''s nicknamed Bank, spoke to me via telephone after the sentencing.
 
"I am disappointed," he says. "I thought and I hoped it would be suspended."
 
The students received two-and-a-half years jail for a perceived slur against the royalty. They were originally sentenced to five years behind bars, but that was reduced because they pleaded guilty.
 
Bank''s father says he''s worried about what his son''s future will hold, once he''s released from prison. "He will have a record after he is out of prison, won''t he? I am afraid it will ruin his future."
 
The laws also apply to the hundreds of thousands of foreigners who visit Thailand each year.


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