From:

Kerala Swathanthra Malsyathozhilaly Federation
Reg. No. 155/53
(Affiliated to National Fishworkers Forum)
No. 55, Garuda Buildings, GPO Lane, Statue,
Thiruvananthapuram - 695001, Kerala.
Phone : 0471 - 3012196 Mobile : 9447429243
Email: [EMAIL PROTECTED] Web: www.keralafishworkers.org

To
Shri Sharad Pawar
Hon. Minister for Agriculture
Government of India
New Delhi


Subject: Response of Small-scale fishers to the proposals of
Swaminathan Committee
Recommendations on Coastal Zone and the National Commission on Farmers

Sir,
We, representing the small-scale fishworkers of India, would like to
draw attention to the following problem areas in the Recommendations
of the Swaminathan Committee on Coastal Zone, and the fishery-specific
recommendations of the National Commission on Farmers (NCF):

1. There is no clarity on the issue of violations that are yet to be
booked and penalized under the 1991 Notification. The recommendations
of the Swaminathan Committee do not
anywhere state that violations committed under the 1991 notification
must be settled and
penalized before any new Notification is considered. Westrongly oppose
any notion of
supercession that, in effect, amounts to condoning the many violations
that have taken
place since 1991, with severe implications for the social and
ecological integrity of the
coastal zone and livelihoods of fishing communities.

2. The zonation proposed by the MS Swaminathan Committee, particularly
CMZ II, is not
acceptable, given that it is likely to pave the way for unsustainable
developmental activities
in large areas of the coastal zone that can be classified as CMZ II.
Westrongly advocate
for the earlier zonation, as per the 1991 Notification, to remain in
place. Wealso stress
that coastal lands (within or outside municipal areas) used by fishing
communities should
not be diverted for any purpose (SEZ, Ports, tourism, beautification
of coastal areas, sand
mining). In this context we are of the considered opinion that the
shift in focus from regulationto management proposed by the
Swaminathan committee is nothing but an attempt at diluting the
regulatory aspects of the 1991 Notification, by facilitating greater
'development' activities in the coastal zone.

3. The recommendations from the Swaminathan Committee do not
explicitly state the necessity of protecting traditional and customary
rights of fishing communities in the coastal zone. These rights were
recognized in the 1991 Notification. Weassert that rights of fishing
communities must include:

a) Right to housing in coastal areas/existing fishing villages,
settlements or fishing hamlets, with or without having legal title
deeds, for housing of fishing communities

b) Right to use coastal lands for occupational purpose (landing,
selling, salting, smoking, curing and drying of fish, parking and
maintenance work of boats and implements etc.

c) Right to access sea and marine resources.

4. The Swaminathan Committee recommends the expansion of the coastal
zone to include territorial waters-the area from the shore to 12
nautical miles. This expansion into territorial waters has major
implications for livelihoods of fishing communities. The right
recommended for tourism development also lead to the displacement of
traditional fisher people. Weare concerned that there is no explicit
mention that this area should be managed with full participation of
fishing communities, and that their rights to fish in this area should
be protected and promoted, including in proposed CMZ 1 areas. It needs
to be explicitly stated that no part of this area shall be given
/diverted for any other purpose. In
the light of the above serious concerns we reiterate again our strong
opposition to attempts to replace the 1991 Notification without due
consultation, particularly with fishworker organizations. Ironically,
adoption of a non-consultative approach will also be against the basic
principles outlined by the Swaminathan committee, regarding the need
for stakeholder participation at all levels of decision- making and
implementation.

5. The definition of a fisher has to be clarified as a person who
"works with her/his hands in capturing, rearing, selling, drying &
traditional processing of fish and rendering physical labour for
fisheries related activities".

6. Land used by Land used by fishing communities for traditional
activities should be designated as community property and titles
conferred on the community.

7. The NCF should emphasize strict adherence to Murari Committee
recommendations and put thrust on diversification of the mechanized
sector by upgrading them for harvesting the deep-sea resources.

8. The NCF should give emphasis on ensuring better labour standards in
the mechanized fishing sector, industrial aquaculture/mariculture
units and processing plants

9. Marine Protected Areas (MPAs) should only be created in
consultation with local communities depending on the coastal resources
for their livelihoods.

10. Adequate compensation must be provided in case of closure of a
fishery on any account-be that of fisheries management measures,
military, or space applications

11.The management of Coastal Zones must be entrusted with a single
Government department, rather than the existing arrangement whereby
different departments such as Fisheries Department, Forest Department
and Revenue Department are each entrusted with a part of the total
development process

12. Aquaculture promotion should emphasize on the role of small-scale
and family-oriented culture rather than intensive, industrial
aquaculture. Natural resources should be allocated for mariculture and
industrial aquaculture farms only after ensuring that this does not
impinge upon the spaces of small-scale fishers and aqua-farmers In the
light of the significance and enormity of the proposed changes, we
request you to intervene:

i. Tobring out a policy note on the CMZ concept, accompanied by a Plan
of Action detailing
how the MoEF intends to implement the CMZ process. A draft
notification should also be
circulated for discussion.

ii. Toensure wide range consultations with fisher organizations as
well as other stakeholders including State Governments, coastal
Panchayats, and relevant government departments, before any decision
to replace/ modify the 1991 Notification is taken.

iii. To create a new Ministry of Fisheries, so as to enable focused
attention to the issues and problems of the sector and in order to
resolve them

iv. To ensure that the small-scale fisheries sector is not left out in
development efforts of the
sector. In particular, we request your attention in ensuring
subsidies-especially for kerosene
used for small-scale fishing units-are also available to the
small-scale sector.

We earnestly request you to please take prompt action in this regard

Thanking you.
Yours sincerely,
T.Peter(Presidant)
P.P.John (General Secretary)

-ends-

Solidarity
Anivar Aravind

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Anivar Aravind
Global Alternate Information Applications (GAIA)
Peringavu.P.O, Thrissur-18
Ph. +91 9846885539
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