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16 Days of Global Action on Rural Women:
Women Assert Rights to Land and Resource
Thailand Case Study:
The Women Small-scale Fishers of Koh Chang Island
Susana Corletto and Claire Wilson
University of California, Santa Barbara
with
Jonathan Shott and Ravadee Prasertcharoensuk
Sustainable Development Foundation, Thailand
supported by
Pesticide Action Network Asian Pacific
3
Introduction
This case study, and the work that led up to its production, constitutes part of the Pesticide Action
Network Asia and the Pacific (PANAP) advocacy initiative '16 Days of Global Action on Rural
Women', conducted globally between 1-16 October 2015. Specifically, the project that resulted in the
production of this case study was part of the 'No Land, No Life' and 'Women Assert Rights to Land
and Resources' sub-campaigns. The project was implemented in Thailand by Sustainable
Development Foundation (SDF), a Thai non-governmental organization which works to secure
sustainable livelihoods and improve quality of life for rural and coastal communities, by promoting
multi-stakeholder, collaborative approaches to natural resource management, disaster risk reduction
and climate change adaptation.
This case study focuses on the plight of small-scale fisher-folk communities, and the women who live
and work within those communities. Since the focus of the case study is upon coastal communities as
opposed to rural communities, there is a corresponding focus on access to natural resources, rather
than a sole focus on access to land. Specifically, the case study focuses on the rights of small-scale
fisher-folk to access coastal land, for settlement and mooring, and marine resources, in support of
their fishery livelihoods. In this context it is to be noted that, whereas for small-scale farmer
communities the primary livelihood concern would be access to land, in the case of small-scale fisher-
folk communities the primary livelihood concern is access to marine resources, with secure land
tenure often being a secondary concern.
Small-scale fisher-folk have traditionally been an underrepresented group, one whose fundamental
rights have tended to be overlooked, leading to a failure to enshrine them in legislation. However, in
2015 the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the
United Nations (UN) published a set of 'Voluntary Guidelines for Securing Sustainable Small-Scale
Fisheries in the Context of Food Security and Poverty Eradication' (VG-SSF). These guidelines
represent the first internationally agreed instrument dedicated entirely to the small-scale fishery
sector, and cover fundamental rights in six broad areas: responsible governance of tenure; sustainable
resource management; social development, employment and decent work; value chains, post harvest
and trade; gender equality; disaster risks and climate change. (FAO, 2015) The VG-SFF guidelines
have provided a broad framework for both reviewing and advocating the rights of women small-scale
fisher-folk under this project.
In reviewing and advocating the rights of small-scale fisher-folk communities in general, and women
small-scale fisher-folk in particular, the project focused on the specific case of small-scale fisher-folk
communities living within the boundaries of one of Thailand's national parks, namely Koh Chang
Marine National Park in Trat Province, Eastern Thailand. Such communities face particular
challenges, because national park regulations make it even more difficult than usual to secure access
to coastal land and marine resources. The case study reviews how fishery law and national park law
impact upon the fundamental rights of women small-scale fisher-folk, and also examines other
broader issues, such as the prevailing political situation, democratic process, good governance, and
various socio-cultural and socio-economic factors.
4
Overview of the Situation
Thailand’s Fishery Sector
Thailand is one of the world’s top fish-producing nations, both in terms of capture fisheries and
aquaculture. It has a large exclusive economic zone (EEZ) covering a total area of about 316,000 sq
km, and with over one million hectares in coastal areas suitable for coastal aquaculture. In 2007, the
total fish production was about 3.9 million tons, of which 58.2 per cent was from marine capture
fisheries, and the rest from aquaculture, with coastal aquaculture contributing 22.9 per cent. The
marine capture fish production of 2.2 million tons in 2007 was valued at approximately 2 billion
USD. The fisheries GDP of Thailand stood at around 3 billion USD in 2008, of which 85 per cent was
attributed to coastal provinces. (FAO, 2010)
Thailand's marine capture fishery can be classified into small-scale and commercial fisheries.
Commercial fishers use inboard powered vessels weighing 5 tons or more. Small-scale fishers use
either inboard or outboard powered boats weighing less than 5 tons. Engines do not exceed 30
horsepower and boats are usually 7-11 meters in length. Commercial fishers may venture as far as 5-
10 km out to sea, whereas small-scale fishers typically operate within 3 km of the shore. The 1995
marine fishery census in Thailand found that a total of 535,210 individuals were involved in marine
fishery. A study published in 2000 by the Food and Agriculture Organization (FAO) of the United
Nations (UN) found that 87% of these individuals could be classified as small-scale fishers.
Many of Thailand's fishery resources are in decline. Catch per unit effort (CPUE) has been decreasing
since the 1960s, and in the Gulf of Thailand trash fish comprise almost half the total catch. Decreasing
fish stocks have had major impacts on small-scale fishers, who have been increasingly competing for
resources with commercial fishers. Conflicts between small-scale and commercial fishers have been a
regular occurrence over the last 20 years, and recent increases in the overall number of fishers have
only served to increase competition.
Women Small-scale Fishers
Small-scale fisher-folk tend to be overlooked in local development planning and national
development policy. This is partly because they tend to be located far from urban centers in areas with
poor communications infrastructure, but also because they typically account for only around 10% of
the total annual marine catch. In the case of women small-scale fisher-folk, socio-cultural and socio-
economic issues exacerbate the situation, and women small-scale fisher-folk can be both hidden from
society and under-represented in planning and policy.
Thai society is very patriarchal. Heads of household are typically male, and important decisions at
both the household and community levels tend to be made by men. Women have traditionally been
engaged in activities related to caring for family members and looking after the family home. Such
social roles, played out over generations, have become so ingrained that they are considered the norm
and are rarely questioned by either the women or men in society.
Over the years, increasing economic pressures have forced women to play a greater role in seeking
economic income. But rather than this bringing about a development of women's social roles, and
5
leading to them becoming more prominent and active members of their communities, the opposite has
proven to be true. The increasing economic burden has only served to reinforce the social roles
traditionally played by women, as they struggle to maintain their responsibilities within the home,
whilst taking on new external responsibilities in order to generate supplementary income and help
make ends meet within the household.
Women small-scale fisher-folk are engaged in all stages of fishery, from productive to post-harvest
activities. Many women join their husbands and take to the seas to engage in capture fishery. Women
from poorer families, who may not have access to boats and fishing gears, as well as elderly and
infirm women, will often be engaged in the collection of fishery products along the shore e.g. various
types of shellfish. When the day's catch is brought ashore, disentangling and sorting the catch is
typically a communal activity, with all family members playing a role.
Activities where women tend to play a lead role include selling the daily catch and post-harvest
processing of produce. The sale of raw fish catch usually involves coordinating and negotiating with a
middleman - women small-scale fisher-folk rarely have the logistic capacity to be able to sell their
catch directly to traders or customers. Typically there will be some portion of the catch which cannot
be sold, either because there is no demand for a particular type of produce, or because the quality or
size of animals caught is too low. This then places a further burden on women small-scale fisher-folk,
because to maximize return on investment from their catch, any unsold produce must be processed
further. Such post-harvest processing typically employs traditional methods passed down over the
generations, with minimal variation from community to community.
Koh Chang Marine National Park
Koh Chang District is located in Trat Province in Eastern Thailand, adjacent to the border with
Cambodia, and comprises a total of 28 different islands. Traditionally the district was comprised of
small communities scattered around the islands' bays. These bays provided shelter from monsoon
storms and a source of food and fresh water for those traveling by sea. Salak Petch Bay in particular
was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands
and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone
area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket
Island in the South.
Trat Province
(by NordNordWest from Wikipedia)
Trat Province is located
Chang Island is the largest of 28 islands in the province, and the second largest island in
Thailand.
Around 85% of the land area consists of mountains covered in a combination of tropical rain for
and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area
as a whole supports an abundance of flora and fauna, an a number of important habitats including
mangrove forests, underwater rocky outcrops, affordin
beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine
National Park was established on 31 December 1982.
Koh Chang Island is inhabited by approximately 5,000 househo
island engaged in two main types of livelihoods: small
years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism
operators and their employees from outside of the island. The expansion of the tourism industry on the
island has driven up land prices, putting pressure on local communities to sell up and move on. The
land tenure of local communities is also threatened by the presenc
occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally
settled by communities.
6
nd fresh water for those traveling by sea. Salak Petch Bay in particular
was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands
and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone
area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket
(by NordNordWest from Wikipedia)
Koh Chang Island
(by Potapt from Wikipedia)
in Eastern Thailand, along the border with Cambodia. Koh
Chang Island is the largest of 28 islands in the province, and the second largest island in
Around 85% of the land area consists of mountains covered in a combination of tropical rain for
and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area
as a whole supports an abundance of flora and fauna, an a number of important habitats including
mangrove forests, underwater rocky outcrops, affording some of the best fishing in the country, and
beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine
National Park was established on 31 December 1982.
Koh Chang Island is inhabited by approximately 5,000 households. Traditionally, those living on the
island engaged in two main types of livelihoods: small-scale fishery and fruit orchards. In more recent
years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism
their employees from outside of the island. The expansion of the tourism industry on the
island has driven up land prices, putting pressure on local communities to sell up and move on. The
land tenure of local communities is also threatened by the presence of the national park and land
occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally
nd fresh water for those traveling by sea. Salak Petch Bay in particular
was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands
and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone covers an
area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket
Koh Chang Island
(by Potapt from Wikipedia)
in Eastern Thailand, along the border with Cambodia. Koh
Chang Island is the largest of 28 islands in the province, and the second largest island in
Around 85% of the land area consists of mountains covered in a combination of tropical rain forest
and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area
as a whole supports an abundance of flora and fauna, an a number of important habitats including
g some of the best fishing in the country, and
beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine
lds. Traditionally, those living on the
scale fishery and fruit orchards. In more recent
years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism
their employees from outside of the island. The expansion of the tourism industry on the
island has driven up land prices, putting pressure on local communities to sell up and move on. The
e of the national park and land
occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally
7
Thailand's National Park Act focuses primarily on terrestrial national parks. The various articles and
clauses are more applicable to the management of forestry and grassland resources than they are
marine and coastal resources. Nonetheless, as the number of marine national parks has steadily
increased, the waters within 1,000 meters of the shore have come to be considered as lying within the
national park boundaries. Where there are natural resources or important habitats deemed worthy of
special protection, this 1,000 meter conservation zone is extended further out to sea, in some cases as
far as 3,000 meters. Since the National Park Act emphasizes strict conservation, any use of marine
and coastal resources within this nearshore zone is considered illegal, including small-scale fishery.
The National Park Authorities’ New Declaration
Traditionally, national park authorities have been lenient when it comes to enforcing such
conservation policies. But at the start of September 2015, officials at Koh Chang Marine National
Park declared they would now begin to strictly apply these conservation policies. As mentioned
above, small-scale fishers tend to be most active within 3,000 meters of the shore. The small-scale
fishers of Koh Chang Island are particularly active very close to the shore, precisely within the
nearshore zone considered part of the national park boundaries.
Map showing the boundary of Koh Chang Marine National Park.
8
The new stance of the national park authorities caused immediate concern among the island's small-
scale fishers. Whilst there have not yet been any concrete cases of conflict between officials and
small-scale fishers, and no small-scale fishers have so far been apprehended or prosecuted, the
atmosphere has become tense. The island's small-scale fishers are now worried and afraid each time
they go out to fish.
9
Analysis of the Situation
Over the pages which follow, we present testimonials from seven women small-scale fishers and their
families who were interviewed in-depth as part of the project. These testimonials provide insight into
the lives of women small-scale fishers, and help to highlight how they would likely be affected if the
national park authorities strictly enforce conservation policies in the nearshore zone.
The Plight of Koh Chang Island’s Small-scale Fishers
In trying to understand the potential impacts of strictly enforced conservation policies, it is helpful to
first understand the general plight of Koh Chang Island's small-scale fisher families. For many of
these families small-scale fishery is a traditional livelihood, with knowledge and skills passed down
through the generations within their families. They lack the knowledge and skills to be able to pursue
alternative forms of livelihood. For other families agriculture was their traditional livelihood, but
falling prices of agricultural produce pushed them into fishery livelihoods. Whatever the case, small-
scale fishery tends to be a subsistence livelihood, with families making barely enough to cover their
household expenses.
Small-scale fisher families often lack secure land tenure. Typically, families settled land before
Thailand adopted a system of formal land tenure, and then neglected to formalize their tenure when
legislation changed, often because of a lack of awareness and knowledge. Some small-scale fisher
families have no land to speak of - their houses are built on stilts over the water, and they have no
address and no formal access to public utilities. This lack of secure tenure means many small-scale
fisher families live in fear of arrest and prosecution, and having no land further limits their livelihood
options. So for many families, small-scale fishery is the sole source of both food and income.
Small-scale fishery is a physically intensive but insecure livelihood. Both women and men can spend
10-12 hours per day at sea, which doesn't include time spent preparing fishing gears and extracting the
10
day's catch from their nets. But exactly how much they catch is dependent on nature - the presence or
absence of marine animals, the roughness of conditions at sea, the prevailing season. On some days,
despite their efforts, small-scale fisher families do not even cover their expenses, leaving them with
no cash to spend. Depending on the particular type of small-scale fishery they are involved in, some
families might only be able to fish 10-15 days in any given month. The monsoon season can be
particularly challenging, with high waves and strong winds making it impossible for small-scale
fishers to go out to sea.
Small-scale fishery requires relatively high investment, primarily for fuel and also renewing fishing
gears, which typically needs to be done before the start of every new season. But as already
mentioned, small-scale fishery is a livelihood full of uncertainty, with no guaranteed return on
investment. Over recent years, this has been exacerbated by dwindling marine animal populations and
increasing fishing gear prices, gradually reducing small-scale fishers' profit margins. As a result, the
vast majority of small-scale fisher families are heavily in debt. A typically family might make 300-
500 USD per month, but might be in debt to the tune of 3,000-10,000 USD, having taken loans from a
range of formal and informal sources. Annual refinancing in an attempt to manage spiraling debts is a
common practice. Whilst families may be able to manage from day to day, annual cycles of monsoon
downturns, fishing gear renewals and education fees tend to exceed their capacity and push them into
debt.
Though most small-scale fisher families have little hope of ever being able to pay off their debts, they
tend to struggle on with a common goal in mind - a better life for their children. Conscious of how
difficult it is to make a living as a small-scale fisher, parents are keen to ensure their children are well
educated and have good long-term employment prospects. Since a typical small-scale fisher family
might include 2-4 children, ensuring they all graduate from university is a significant financial
burden. The sad reality for some parents is that in order to meet that financial burden they must spend
so long at sea each day that they have little time to look after they children, who have to be sent to live
with relatives.
11
The Potential Impact of the National Park Authorities New Declaration
The potential impact of strictly enforcing conservation policies in the nearshore zone must be
considered in the context of the difficulties already faced by small-scale fisher families as outlined
above. By their nature, small-scale fishers tend to operate primarily in nearshore waters. This is partly
because of the type of marine animals they catch, which tend to inhabit nearshore waters, but small-
scale fishers are also constrained by the types of boats and fishing gears they use, which are often not
suited to fishing in deeper waters. Fishing further from the shore would also increase recurring costs
like fuel, and expose small-scale fishers to greater physical risk - note that the majority of the small-
scale fishers interviewed are in their 40s, 50s and even 60s.
One might argue that small-scale fishers should diversify into alternative livelihoods, but insecure
land tenure, heavy indebtedness and a lack of skills and knowledge are all significant barriers to
livelihood diversification.
The Political, Legislative and Administrative Situation
To complete our picture of the current situation, it is useful to briefly examine the political, legislative
and administrative situation with regards women small-scale fishers. As mentioned previously, Thai
society is very patriarchal, and traditionally women have been poorly represented in politics, law and
local administration. International frameworks like the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) have helped to improve the situation, as have the efforts
of Thailand's Department of Women's Affairs and Family Development (DWAFD), but much remains
to be done to ensure gender equality in real terms. Policies and laws related to natural resource
management have been particularly slow to enshrine the rights and endorse the participation of
women on an equal footing with men.
Women's participation in local administration has also traditionally been poor, especially in rural and
coastal areas, where socio-cultural norms can be very different from those prevalent in urban centers.
In small-scale fisher communities it can sometimes appear that women are playing a prominent role in
local decision-making bodies, because they are often present in greater numbers than men. But this is
12
typically only representative of the fact that the men are out at sea fishing, so the women must attend
any meetings on their behalf. In truth, real decision-making power still tends to rest with the male
head-of-household.
The background with regards Thailand's Fishery Act and National Parks Act is more complicated.
Both these acts were enacted long ago, the Fishery Act in 1947 and the National Parks Act in 1961.
They were generally considered outdated, and from a gender perspective made no attempt to enshrine
the rights or endorse the participation of women. Small-scale fisher communities, small-scale fisher
organizations and other civil society organizations campaigned long and hard for changes. Eventually,
in early 2015, a new and more promising version of the Fishery Act was enacted, which this time
spoke to the rights and roles of women.
However, around the same time that civil society was campaigning for these improvements, the
international community uncovered human rights abuses and illegal, unreported and unregulated
(IUU) fishery activity within Thailand's fishery sector. This prompted the Thai government to take
urgent action, and in late 2015 a Fishery Decree was enacted, replacing the Fishery Act that had been
revised just a few months earlier.
The hastily conceived and swiftly enacted Fishery Decree unfortunately omitted many of the
beneficial clauses present in the revised Fishery Act, and introduced new clauses detrimental to the
livelihoods of small-scale fishers. In particular, the new Fishery Decree failed to enshrine and endorse
the rights and roles of women, and introduced the controversial article 34, limiting small-scale fishers
to operating no further than 3 nautical miles (approx. 5,500 meters) from the shore. Previously, the
nearshore zone within 3,000 meters of the shore had been reserved for small-scale fishery, but small-
scale fishers had not been restricted to this zone, and were free to fish further out to sea if they so
wished.
Regarding the broader political environment in Thailand, following the 2014 military coup, the
country has been under the authoritarian rule of a military junta. The international community has
criticized the military junta for not ensuring a swift return to democratic rule, and for failing to ensure
fundamental rights and freedoms. Political expression and public participation are severely curtailed,
and Article 44 of the Interim Constitution has been condemned as a mechanism which essentially
extends martial law on an indefinite basis.
13
Women Small-scale Fishers’ Testimonials
Miss Wannaporn Wongyoo
Miss Wannaporn Wongyoo, 23, and her husband Mr. Ploen Sommitr, 43, live together at No. 45/5,
Village 3, Koh Chang Sub-district, Koh Chang District. They have two children. The eldest, aged 7, is
already at school. The youngest, aged 2, is still cared for at home. Their families have been settled on
Koh Chang Island for over 100 years, since their great grand parents' time. They inherited around 140
square meters of land from their families, on which they built their house. Although they were
unaware of the fact, the land settled by their families had previously been allocated to the Thai navy.
At one point they were apprehended, and charged with encroaching on government land, but the
public prosecutor dismissed the case.
Given their small plot of land, this family's only livelihood is small-scale fishery. Their daily catch
provides both their food and their income. Their fishing boat is around 6 meters long, with a small
roof to provide shelter from the elements. Miss Wongyoo and Mr. Sommitr typically spend all day at
sea, for example from 6 a.m. to 6 p.m., during which time their children must stay with their grand
parents. If on any particular day their catch is poor, they will often head out further to sea, or stay at
sea overnight to reduce fuel costs by avoiding returning to shore.
Their daily catch is very variable. Some days they catch a lot, other days very little. But they have a
lot of expenses, including fuel for their boat, food, household expenses and schooling costs. In a
typical month they barely make enough to cover these costs, and there is no money left for them to
save. Therefore, when it comes time to repair or replace their fishing gears, they usually have to
borrow money from various village funds, creating long-term debt. They estimate their current debt to
be around 3,500 USD.
"If my family is not allowed to fish, I don't know what we'll eat and I don't know how
we'll live. All our lives, all we've ever done is fish, we don't have the knowledge or
experience to do anything else. I also have to look after my children, so it's difficult for
me to work far from home. And what about our debt? How will we be able to pay it off?"
14
Mrs. Kanya Saetun
Mrs. Kanya Saetun is a village head living in Koh Chang Sub-district, Koh Chang District.
Kanya collects a special type of small shrimp, know in Thailand as 'koei'. Because of its very small
size, this type of shrimp is typically used for making shrimp paste. Koei shrimp tend to congregate
close to the shore. They are seasonal, so can only be caught at certain times of year, but when in
season they are usually plentiful, and small-scale fishers may be able to collect koei shrimp 25 days or
more in any given month. Compare this with fishing for larger shrimps, further from the shore, where
small-scale fishers may only be able to fish around 15 days in any given month.
Compared to other small-scale fishers on Koh Chang Island, Kanya is financially much better off. She
produces and sells around 4,500 USD worth of shrimp paste every month during the koei shrimp
season. However, her expenses are also very high. Each month she has to invest around 2,000 USD in
order to be able to produce the shrimp paste. The work is labor intensive and time consuming, so she
pays her children around 500 USD to help her with the production process. So her net profit each
month is around 2,000 USD, with which she has to buy food, pay for her house and cover all her other
household expenses.
Whilst Kanya makes considerably more money that many of the island's other small-scale fishers, she
would also be one of the fishers most severely impacted if the national park authorities strictly enforce
conservation policies in the 1,000 meter nearshore zone. That is because the koei shrimp, on which
she is entirely dependent, are only found in these nearshore waters.
"I have learned that if the officials enforce a strict conservation policy in Koh Chang
National Park my livelihood will be devastated, because the area where I catch shrimp is
entirely within the national park boundaries. What I have learned encourages me to fight
for my own rights and my villagers' rights to be able to continue fishing and to maintain
our existing livelihoods."
Mrs. Thanida Phetduang
Mrs. Thanida Phetduang, 48, and her husband Mr. Lek Namchad, 54, live together at No. 100/1,
Village 3, Koh Chang Sub-district, Koh Chang District. They have three children. Their son and
eldest daughter both work for a living already. But they still have to look after their youngest
daughter, who is currently studying. They moved to Koh Chang Island from Laem Singh District in
neighboring Chanthaburi Province in 1981. The family has no land, so their house is built on stilts
over the water, a common but illegal practice. This means they have no deeds to show ownership of
their house, they have no address, and they have to access electricity via their neighbors.
Small-scale fishery is the family's only source of income. Although they have previously tried
diversifying into other livelihoods, they were not successful. Lek spends all day fishing at sea,
typically from 4 a.m. to 5 p.m.. Thanida works at home, preparing and repairing their fishing gears,
and cooking meals for the family. Their daily catch varies greatly, depending on the weather and, in
particular, the seasons. Often during the monsoon season, when the waves are high and the winds are
strong, they are not able to fish at all. They usually sell their fresh fish catch to a hotel on the island.
15
Their average monthly income is around 350 USD. This is not enough to cover their expenses, and
they have taken many loans, both from village funds and from government banks. The money they
borrow helps cover their expenses during the monsoon season when they are not able to fish, and
around 850 USD each year goes towards repairing and replacing their fishing gears. Their son works
at a bank, and helps them refinance regularly to keep interest payments as low as possible. But
Thanida is unsure they will ever be able to pay off all their debts, which currently amount to around
10,000 USD.
"Almost all small-scale fisher families I know are in debt. If we are forced to fish further
away from the coast, I'm really not sure whether we'll be able to survive. Marine animal
populations have already decreased severely, and our incomes have decreased
accordingly."
Miss Naowarat Sae Oung
Miss Naowarat Sae Oung, 49, and Mr. Chatchawan Chaisri, 50, live together at No. 13/7 Village 3,
Koh Chang Sub-district, Koh Chang District. They have three children, all of whom are currently
studying. Because both Naowarat and Chatchawan fish at sea every day, and because their children
are still studying, they have had to send their children to live with their grand mother in far away
Petchaburi Province. Naowarat says she misses her children very much. Both Naowarat and
Chatchawan previously lived in Laem Singh District in neighboring Chanthaburi Province, but never
established a family home there.
16
Naowarat and Chatchawan catch only fish, using just one particular type of net, and typically fishing
only a few hundred meters from the shore. Like many other small-scale fishers, they face problems
during the monsoon season, when because of rough conditions they can only fish about five days in
any month. Because they fish so close to the shore, they will be particularly hard hit if the national
park authorities strictly enforce conservation policies in the 1,000 meter nearshore zone.
The family's income from small-scale fishery is around 500 USD per month. Naowarat and
Chatchawan try to send around half that, 250 USD, to their children in Petchaburi Province every
month. The remaining half goes on utilities and food. During the monsoon season, when they can fish
only infrequently, they do not make enough money either to send to their children or to cover their
own expenses. They borrow money to make ends meet, and to repair their fishing gears ready for the
following season. As a result they have many loans, both formal and informal, with monthly interest
rates ranging between 5-8%.
"We continue to struggle because of our children. We want them to graduate from
university, so that they can get good jobs. Then they'll be able to look after themselves,
their lives won't be difficult like their mother and father. Life for small-scale fishers these
days is very difficult, a life of endurance and perseverance."
Mrs. Thongsuk Phonkart
Mrs. Thongsuk Phonkart, 50, and Mr. Damree Phonkart, 52, live together at No. 46/4. Village 3, Koh
Chang Sub-district, Koh Chang District. Their main source of livelihood is plantations, mostly durian
and other fruits, but also including para rubber. Recently agricultural produce have fallen in price, so
17
Thongsuk and Damree needed to find an additional livelihood to supplement their income. Since their
land is located close to the sea, they decided upon small-scale fishery as their additional livelihood.
Although small-scale fishery has provided them with some additional income, the income it provides
is very uncertain, and highly dependent on the weather and the climate. On some days, when the catch
is low, they don't even cover their expenses. They also highlighted that the further from the coast they
have to fish, the higher their fuel expenses and the greater the physical danger from rough conditions.
"We chose to take up small-scale fishery because of the low price of agricultural produce.
Our family needed additional income, and it was the only additional livelihood we could
think of. The additional income we get from small-scale fishery is quite low, but it is
better than nothing, and prevents us from becoming a burden to society."
Mrs. Choi Sirimongkol
Mrs. Choi Sirimongkol, 58, and Mr. Boonloi Sirimongkol, 62, live together at No. 21/81, Village 4,
Koh Chang Sub-district, Koh Chang District. They have four children. They live in a village where
almost all the families are engaged in small-scale fishery. There are about 40 boats in total in the
village. The family is heavily dependent on small-scale fishery as their only livelihood. Boonloi goes
out to fish alone, because Choi has a slipped disc and pinched nerve, so she cannot do heavy work.
Choi stays at home, takes care of the family and prepares meals for her husband.
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Boonloi catches mostly shrimp, together with some squid and fish. He sells his catch directly to local
restaurants and hotels. The restaurants and hotels send representatives to his village to purchase
marine produce, which means the family don't have to travel outside the village to sell their catch.
Boonloi has to spend around 15 USD on fuel each time he goes out to fish. He makes on average
around 350 USD per month, but it is not uncommon for him to return from sea with no catch. On such
days he has no money to give Choi so she can buy food.
Choi and Boonloi explained that small-scale fishers are not only dependent on the weather and the
seasons, but they are also dependent on marine animal populations and fishing gear prices. Over
recent years, marine animal populations have decreased and fishing gear prices have increased. Both
these factors increase the expenses incurred by small-scale fishers, diminishing their profit margins as
well as the number of days they can afford to fish. Boonloi typically fishes for only 15 days in any
given month. Typically the family's income from fishing is not enough to cover their expenses. When
it is time to repair or replace their fishing gears, the family must rely on loans. They have no savings
and are currently around 6,500 USD in debt.
The shrimp which form the bulk of the family's catch are typically found in the nearshore waters that
fall within the national park boundaries. As a result, if the national park authorities strictly enforce
conservation policies in this nearshore zone, Choi and her family will be particularly badly affected.
Furthermore, because of his age and the small size of his boat, Boonloi would find it difficult to fish
further out to sea.
"The sea is our life, and our life is part of the sea. We fish to be able to live. We don't
have high expectations. We only want enough income to be able to look after our families
from day to day."
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Miss Wivattana Wannaprathip
Miss Wivattana Wannaprathip and Mr. Danai Chantasee live together at No. 39/6, Village 3, Koh
Chang Sub-district, Koh Chang District. They have two sons. Their eldest son is in the sixth year of
secondary school, and their youngest son is in the fourth year of primary school. Danai's family have
been living on Koh Chang Island for the past three generations.
When Wivattana and Danai married, they had some capital partly from wedding gifts, and partly
because Danai sold some of the land he inherited from his family. They decided to divide this capital
into two parts. The first part they used to refurbish their home, in order to make it more durable. The
second part they used to buy a fishing boat. Danai is the one who goes to sea, and he fishes using only
a rod. He catches bait fish in shallow waters, then goes further out to sea to catch large fish in deeper
waters. On a good day he might make 100 USD from the sale of this catch. From that he has to
subtract his expenses of around 20 USD, which covers fuel, ice and food. There are some days when
Danai catches almost nothing, and effectively loses his 20 USD investment. Typically he fishes for
only about 10 days in any given month.
Wivattana and Danai feel they cannot rely on small-scale fishery alone because the income is very
uncertain. So they also have a number of other livelihoods. Wivattana provides nursery care for five
children, the most she feels she can manage, which provides the family with a regular income of 500
USD per month. This is the family's largest and most stable source of income. They also took out a
loan to purchase a snooker table, which local youngsters pay to use. But electric lighting for the
snooker table costs a lot, and so they make little profit from it. Most recently, the family have begun
running a home stay, which they hope will provide another source of stable, year-round income. The
small-scale fishery helps make ends meet, and also helps feed the family.
20
The family are heavily in debt, and have taken many loans from both the Bank for Agriculture and
Agricultural Cooperatives and also the Government Savings Bank.
"If Koh Chang National Park enforces strict conservation laws there will definitely be a
negative impact on my husband's small-scale fishery livelihood. I think the best way
forward is to consult with the national park officials, and try to find a compromise that
both the national park officials and the small-scale fishers can accept. Our coastal waters
should be a public resource, we should have the right to fish in them."
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Strategies for Resolving the Situation
Based upon the above overview and analysis of the situation, a number of overarching strategies were
devised to address the concerns of Koh Chang Island's small-scale fisher families, whilst
simultaneously working to promote the rights and participation of women small-scale fishers. These
overarching strategies, which are detailed below, provided general direction and informed the
practical process which was carried out. The actual steps of the process itself are detailed in the next
section.
Applying the VG-SSF Guidelines as an Overall Framework
As mentioned in the introduction, the 'Voluntary Guidelines for Securing Sustainable Small-Scale
Fisheries in the Context of Food Security and Poverty Eradication' (VG-SSF) - recently published by
the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United
Nations (UN) - represent the first internationally agreed instrument dedicated entirely to the small-
scale fishery sector. Six broad areas are covered by the guidelines, three of which are of particular
relevance to the case of Koh Chang Island's women small-scale fishers: responsible governance of
tenure, sustainable resource management and gender equality.
Given the restrictive political environment in Thailand, with political expression and public
participation severely curtailed under military rule, international instruments like the VG-SSF
guidelines are an important tool in reminding the Thai government of their obligation to ensure the
fundamental rights of small-scale fishers generally and women small-scale fishers in particular.
Furthermore, given the replacement of the promising new Fishery Act with the hastily conceived
Fishery Decree, the individual sections of the VG-SSF guidelines help explicitly define which rights
and freedoms should be enshrined and protected in policies and laws.
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Educate Women Small-scale Fishers About Their Rights
Most small-scale fishers believe in their right to make a living by fishing in national waters.
Typically, however, their belief is intuitive, rather than being based on awareness or knowledge of
relevant national policies or internationally agreed frameworks. Poorer small-scale fishers and women
small-scale fishers, who rarely participate in advocacy activities, are often among the least well
informed regarding the rights and freedoms which they should be entitled to enjoy.
Promoting exchange and learning among small-scale fisher families, with appropriate technical input
about relevant rights frameworks, can help to address this lack of awareness and knowledge, thereby
increasing the assurance and confidence of small-scale fisher families in asserting their rights and
freedoms. Furthermore, such learning and exchange activities help build and strengthen networks
among small-scale fisher communities, helping support advocacy activities.
Emphasize Conservation as a Common Goal
If the national park authorities strictly enforce conservation policies in the 1,000 meter zone, this will
have a huge negative impact on the livelihoods, food security and income security of Koh Chang
Island's small-scale fisher families. The resulting tension, anger and desperation is almost certain to
lead to bitter conflict between the national park authorities and the small-scale fisher families.
One way to reduce or avoid such conflict is to seek out and emphasize common ground. The new
stance of the national park authorities is aimed at improved conservation of marine resources.
Improved conservation of marine resources means increased populations or marine animals, which is
actually of benefit to small-scale fisher families, so long as they can maintain their right to fish.
Improved conservation is good for all sides - there is no inherent conflict in the end goal.
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The problems lie in the details of implementation. If the new conservation policies of the national
park authorities completely prohibit small-scale fishery, conflict will be unavoidable. If, on the other
hand, a more balanced approach can be adopted, improved conservation could easily benefit small-
scale fishers. Both sides will need to make concessions. The national park authorities will need to
accommodate less stringent fishery restrictions. The small-scale fishers will need to embrace more
sustainable fishery practices. But with open minds, mutual understanding and a willingness to
compromise it should be possible to find a solution which is acceptable to all.
Participatory Fact-finding and Collective Rule-making
This strategy strongly relates to the previous strategy on emphasizing conservation as a common goal.
The best way to develop open minds and mutual understanding is by working together in a
collaborative manner.
The first part of collaborative working is participatory fact-finding - bringing the small-scale fisher
families and the national park authorities together, and encouraging them to learn about one another
by exchanging concrete facts about their needs and concerns. This not only promotes a willingness to
compromise, it also ensures that further collaboration is based upon a commonly agreed picture of the
circumstances.
The second part of collaborative working is collective rule-making - building upon that initial
common understanding, with both sides contributing to the development of management regulations
and implementation arrangements. This results in a sense of shared ownership. Rather than the
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national park authorities developing regulations and arrangements in isolation, and then imposing
them on the small-scale fisher families, the small-scale fisher families themselves are actively
engaged in the drafting and implementation of the new conservation policies.
Provincial and Departmental Endorsement
Devolution policy in general in Thailand, and the newly enacted Fishery Decree in particular, both
allow provincial governor's some freedom in suggesting appropriate solutions to resolve local
problems in the fishery sector. Provided local stakeholders can reach agreement on an appropriate
solution, the provincial governor can make a recommendation to the relevant central government
agency, in this case the Department of Fisheries (DoF).
The strategies outlined so far focus primarily upon small-scale fisher families and the national park
authorities. These strategies are necessary to avoid conflict, promote collaboration and achieve
consensus. But once an appropriate solution has been identified, approval will need to be sought first
from the provincial governor, and then from the DoF. This final strategy focuses on the consultation
meetings needed to achieve provincial and departmental endorsement.
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Process Employed
In this section we describe the actual steps that were carried out to address the concerns of Koh Chang
Island’s small-scale fisher families, whilst simultaneously working to promote the rights and
participation of women small-scale fishers. These practical steps were guided and informed by the
overarching strategies described in the previous section.
Activity 1: Fact Finding on Women's Vulnerability
When: 15-24 September 2015
Where: Koh Chang Island, Trat Province
Type: Informal separate meetings with different stakeholder groups
Number of people: Approx. 300 people
Groups represented: Small-scale fishers (women and men), local administration authorities, local
government agencies
Description: Initial series of fact finding meetings, conducted separately with different
stakeholders in small groups.
Highlights: Learning about the livelihoods of the island's small-scale fishers, differences
between the roles of women and men.
Results/Outputs: Preliminary assessment of rights situation within Koh Chang National Park,
including potential threats to livelihoods of small-scale fisher communities.
Preliminary assessment of particular issues faced by women.
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Activity 2: Learning on Small-scale Fisher Rights / Participatory Data Gathering
When: 6-24 October 2015
Where: Koh Chang Island, Trat Province
Type: Informal separate meetings with different stakeholder groups
Number of people: Approx. 250 people
Groups represented: Small-scale fishers (women and men), local administration authorities, local
government agencies
Description: Follow up focus group meetings, again conducted separately with different
stakeholders in small groups.
Highlights: Starting a process of learning and exchange about small-scale fisher rights
and relevant national and international policy instruments. Going into depth
on the issues and concerns faced by specific small-scale fisher women.
Results/Outputs: Small-scale fisher women informed about relevant frameworks on small-
scale fisher rights. Case studies drafted about specific small-scale fisher
women and their families. Strategies for advocacy and campaign developed
together with small-scale fishers.
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Activity 3: Learning on Small-scale Fisher Rights / Develop Campaign Materials
When: 2-15 November 2015
Where: Koh Chang Island, Trat Province
Type: Consultation meetings at sub-district level
Number of people: Approx. 70 people
Groups represented: Small-scale fishers (women and men), local administration authorities, local
government agencies
Description: Larger, multi-stakeholder consultation meetings conducted at the sub-district
level, over a total period of around two weeks.
Highlights: Continued the process of learning and exchange about small-scale fisher
rights. Background information presented and reviewed, different
stakeholder groups exchanged their opinions about the potential threats to
the rights and livelihoods of small-scale fishers, and what potential solutions
there might be. Women played a prominent role in discussions and
recommendations.
Results/Outputs: Background information formalized and documented regarding Koh Chang
National Park, Koh Chang Island's small-scale fisher communities and
potential threats to their livelihoods, and the particular issues faced by
women. Potential solutions identified and preliminary recommendations
documented, including how to encourage and support the role of women.
Activity 4: Consultation Meeting with Local Government Agencies / Lessons Learned and Next
Steps
When: 14-15 December 2015
Where: Koh Chang Island, Trat Province
Type: Consultation meeting at provincial level
Number of people: Approx. 40 people
Groups represented: Small-scale fishers (women and men), local administration authorities, local
government agencies.
Description: Formal consultation meeting convened by the provincial governor on behalf
of the project, attended by relevant local government agencies including Koh
Chang National Park, Department of Fisheries, and Department of Marine
and Coastal Resources.
Highlights: Presentation and review of potential solutions and preliminary
recommendations. Formal feedback provided by local administration
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authorities and local government agencies. Women played a prominent role
in discussions and recommendations.
Results/Outputs: Potential solutions and preliminary recommendations endorsed by provincial
level stakeholders, including how to encourage and support the role of
women. Solutions and recommendations document formalized for
presentation to central government agencies.
Activity 5: Consultation Meeting with Central Government Agencies
When: 21-22 December 2015
Where: Sustainable Development Foundation Secretariat Office, Bangkok City
Type: Consultation meeting at national level
Number of people: Approx. 50 people
Groups represented: Small-scale fishers (women and men), small-scale fisher activists, central
government agencies
Description: Formal consultation meeting convened by Sustainable Development
Foundation and Thailand Federation of Small-scale Fisher-folk Association
on behalf of the project Attended by senior officials from the Department of
Fisheries.
Highlights: Presentation and discussion about solutions and recommendations from
provincial level consultation process. Review of solutions and
recommendations in context of new Fishery Decree. Small-scale fisher
women gained experience of negotiating with senior government officials.
Results/Outputs: Consolidated case study document, covering background information,
situational analysis, strategies employed, communities recommendations and
lessons learned. General consensus and outline plan on securing small-scale
fisheries on Koh Chang Island, in the context of the new Fishery Decree,
including encouraging and supporting the role of women in Provincial
Fishery Committee.
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The Fundamental Rights of Small Scale Fishers
It has been mentioned already that the 'Voluntary Guidelines for Securing Sustainable Small-scale
Fishery in the Context of Food Security and Poverty Eradication' (VG-SSF) recently published by the
Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United
Nations (UN) are an important tool for reminding national governments of the obligation to ensure the
fundamental rights of small-scale fishers generally and women small-scale fishers in particular.
Furthermore, the individual sections of the VG-SSF guidelines help explicitly define which rights and
freedoms should be enshrined and protected in policies and laws.
In the next section we present the recommendations developed by the women small-scale fishers and
the small-scale fisher communities of Koh Chang Island. To provide context for the communities'
recommendations, and to highlight some of the most important fundamental rights that small-scale
fishers should enjoy, in this section we provide some relevant excerpts from the VG-SSF guidelines.
In particular, we list the objectives of the VG-SSF guidelines, summarize their guiding principles, and
examine relevant clauses from the three sections most relevant to the case of Koh Chang Island:
responsible governance of tenure, sustainable resource management and gender equality.
Objectives
A To enhance the contribution of small-scale fisheries to global food security and nutrition and to
support the progressive realization of the right to adequate food.
B To contribute to the equitable development of small-scale fishing communities and poverty
eradication and to improve the socio-economic situation of fishers and fish workers within the
context of sustainable fisheries management.
C To achieve sustainable utilization, prudent and responsible management and conservation of
fisheries resources consistent with the Code of Conduct for Responsible Fisheries (the Code)
and related instruments.
D To promote the contribution of small-scale fisheries to an economically, socially and
environmentally sustainable future for the planet and its people.
E To provide guidance that could be considered by States and stakeholders for the development
and implementation of ecosystem friendly and participatory policies, strategies and legal
frameworks for the enhancement of responsible and sustainable small-scale fisheries.
F To enhance public awareness and promote the advancement of knowledge on the culture, role,
contribution and potential of small-scale fisheries, considering ancestral and traditional
knowledge, and their related constraints and opportunities.
Guiding Principles
1 Human rights and dignity: recognizing the inherent dignity and the equal and inalienable
human rights of all individuals, all parties should recognize, respect, promote and protect the
human rights principles and their applicability to communities dependent on small-scale
fisheries, as stipulated by international human rights standards.
30
2 Respect of cultures: recognizing and respecting existing forms of organization, traditional and
local knowledge and practices of small-scale fishing communities, including indigenous peoples
and ethnic minorities.
3 Non-discrimination: promoting in the small-scale fisheries the elimination of all kinds of
discrimination in policies and in practice.
4 Gender equality and equity: is fundamental to any development. Recognizing the vital role of
women in small-scale fisheries, equal rights and opportunities should be promoted.
5 Equity and equality: promoting justice and fair treatment - both legally and in practice - of all
people and peoples, including equal rights to the enjoyment of all human rights. At the same
time, differences between women and men should be acknowledged and specific measures
taken to accelerate the de facto equality.
6 Consultation and participation: ensuring active, free, effective, meaningful and informed
participation of small-scale fishing communities, including indigenous peoples, taking into
account the UN Declaration on the Rights of Indigenous Peoples (UN DRIP) in the whole
decision-making process related to fishery resources and areas where small-scale fishers
operate, as well as adjacent land areas, and taking existing power imbalances between different
parties into consideration.
7 Rule of law: adopting a rules-based approach for small-scale fisheries through laws that are
widely publicized in applicable languages, applicable to all, equally enforced and independently
adjudicated, and that are consistent with existing obligations under national and international
law, and with due regard to voluntary commitments under applicable regional and international
instruments.
8 Transparency: clearly defining and widely publicizing policies, laws and procedures in
applicable languages, and widely publicizing decisions in applicable languages and in formats
accessible to all.
9 Accountability: holding individuals, public agencies and non-state actors responsible for their
actions and decisions according to the principles of the rule of law.
10 Economic, social and environmental sustainability: applying the precautionary approach and
risk management to guard against undesirable outcomes, including over exploitation of fishery
resources and negative environmental, social and economic impacts.
11 Holistic and integrated approaches: recognizing the ecosystem approach to fisheries (EAF) as
an important guiding principle, embracing the notions of comprehensiveness and sustainability
of all parts of ecosystems as well as the livelihoods of small-scale fishing communities, and
ensuring cross-sectoral coordination as small-scale fisheries and closely linked to and dependent
on many other sectors.
12 Social responsibility: promoting community solidarity and collective and corporate
responsibility and the fostering of an environment that promotes collaboration among
stakeholders should be encouraged.
13 Feasibility and social and economic viability: ensuring that policies, strategies, plans and
actions for improving small-scale fisheries governance and development are socially and
economically sound and rational. They should be informed by existing conditions,
implementable and adaptable to changing circumstances, and should support community
resilience.
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Responsible Governance of Tenure
5.2 All parties should recognize that responsible governance of tenure of land, fisheries and forests
applicable in small-scale fisheries is central for the realization of human rights, food security,
poverty eradication, sustainable livelihoods, social stability, housing security, economic growth
and rural and social development.
5.3 States, in accordance with their legislation, should ensure that small-scale fishers, fish workers
and their communities have secure, equitable, and socially and culturally appropriate tenure
rights to fishery resources (marine and inland) and small-scale fishing areas and adjacent land,
with a special attention paid to women with respect to tenure rights.
5.4 States, in accordance with their legislation, and all other parties should recognize, respect and
protect all forms of legitimate tenure rights, taking into account, where appropriate, customary
rights to aquatic resources and land and small-scale fishing areas enjoyed by small-scale fishing
communities.
5.5 States should recognize the role of small-scale fishing communities and indigenous peoples to
restore, conserve, protect and co-manage local aquatic and coastal ecosystems.
5.9 States should ensure that small-scale fishing communities are not arbitrarily evicted and that
their legitimate tenure rights are not otherwise extinguished or infringed.
Sustainable Resource Management
5.13 States and all those engaged in fisheries management should adopt measures for the long-term
conservation and sustainable use of fisheries resources and to secure the ecological foundation
for food production.
5.14 All parties should recognize that rights and responsibilities come together: tenure rights are
balanced by duties, and support the long-term conservation and sustainable use of resources
and the maintenance of the ecological foundation for food production.
5.15 States should facilitate, train and support small-scale fishing communities to participate in and
take responsibility for, taking into consideration their legitimate tenure rights and systems, the
management of the resources on which they depend for their well-being and that are
traditionally used for their livelihoods. Accordingly, States should involve small-scale fishing
communities - with special attention to equitable participation of women, vulnerable and
marginalized groups - in the design, planning and, as appropriate, implementation of
management measures, including protected areas, affecting their livelihood options.
Participatory management systems, such as co-management, should be promoted in accordance
with national law.
5.17 States should ensure that the roles and responsibilities within the context of co-management
arrangements of concerned parties and stakeholders are clarified and agreed through a
participatory and legally supported process. All endeavors should be made so that small-scale
fisheries are represented in relevant local and national professional associations and fisheries
bodies, and actively take part in relevant decision-making and fisheries policy-making
processes.
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5.18 States and small-scale fisheries actors should encourage and support the role and involvement
of both men and women, whether engaged in pre-harvest, harvest or post-harvest operations, in
the context of co-management and in the promotion of responsible fisheries, contributing their
particular knowledge, perspectives and needs. All parties should pay specific attention to the
need to ensure equitable participation of women, designing special measures to achieve this
objective.
Gender Equality
8.1 All parties should recognize that achieving gender equality requires concerted efforts by all and
that gender mainstreaming should be an integral part of all small-scale fisheries development
strategies. These strategies to achieve gender equality require different approaches in different
cultural contexts and should challenge practices that are discriminatory against women.
8.2 States should comply with their obligations under international human rights law and
implement the relevant instruments to which they are party, including, inter alia, CEDAW, and
should bear in mind the Beijing Declaration and Platform for Action. States should endeavor to
secure women's equal participation in decision-making processes for policies directed towards
small-scale fisheries. States should adopt specific measures to address discrimination against
women, while creating spaces for CSOs, in particular for women fish workers and their
organizations, to participate in monitoring their implementation. Women should be encouraged
to participate in fisheries organizations, and relevant organizational development support should
be provided.
8.3 States should establish policies and legislation to realize gender equality and, as appropriate,
adapt legislation, policies and measures that are not compatible with gender equality, taking into
account social, economic and cultural aspects. States should be at the forefront of implementing
actions for achieving gender equality by, inter alia, recruiting both men and women as extension
staff and ensuring that both men and women have equal access to extension and technical
services, including legal support, related to fisheries. All parties should collaborate to develop
functional evaluation systems to assess the impact of legislation, policies and actions for
improving women's status and achieving gender equality.
8.4 All parties should encourage the development of better technologies of importance and
appropriate to women's work in small-scale fisheries.
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Communities' Recommendations
In this section we present the recommendations developed by the women small-scale fishers and the
small-scale fisher communities of Koh Chang Island. Detailed regulations relating to specific fishing
activities were also drafted, and are included as an annex at the end of this document.
Overall Recommendations
Principles and Intentions
To establish measures for conducting small-scale fishery in Koh Chang Marine National Park's
conservation zone, in order to preserve the traditional way-of-life of Koh Chang Island's small-scale
fishers, guarantee food security, and maintain the livelihoods that form the basis of the local economy.
To conserve the diversity and abundance of marine animal resources in line with the principles of
responsible sustainable fisheries, good governance and multi-stakeholder participation. To
rehabilitate, conserve and manage marine animal populations in order to achieve maximum
sustainable yield. To prevent fishery which exceeds the carrying capacity of local ecosystems, in
order to ensure that fishery activities do not negatively impact the sustainability of marine animal
resources.
Objectives
1 To ensure fishery management and marine animal resource conservation adhere to principles of
good governance.
2 To protect, assist and support small-scale fishery and local fishery communities.
3 To establish measures to prevent, suppress and eliminate illegal fishery activities.
4 To apply both scientific and traditional knowledge in the rehabilitation, conservation and
management of marine animal resources to maintain marine ecosystem balance and achieve
maximum sustainable yield, using principles of preventative management.
5 To promote multi-stakeholder collaboration between relevant government agencies, small-scale
fisher communities, small-scale fisher networks, civil society organizations, private sector
organizations and academic experts in managing small-scale fishery in Koh Chang Marine
National Park's conservation zone, in order to meet these commonly agreed objectives.
Definitions
Fishery: All forms of capture fishery, pre- and post-harvest activities, management and conservation
of marine animal resources. Any relevant activity in support of responsible sustainable fishery.
Small-scale fishery: Fishing without the use of a boat, or fishing with a boat no more than 10 tons
gross weight, using various forms of selective, non-harmful fishing gears which do not damage
marine resources and ecosystems.
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Specific Recommendations on Co-management Approaches for Koh Chang Marine National
Park
1 Establish a committee called 'The Committee for Community Participation in the
Management, Conservation and Rehabilitation of Fishery Resources in Koh Chang Marine
National Park'. The committee should comprise: Provincial Governor (Chairperson) Director
of Marine and Coastal Resource Management Center 1, Director of Marine and Coastal
Resource Research Center Eastern Region, Director of Fishery Resource Research Center
Eastern Region, Head of Trat Province Natural Resources and Environment Office, Head of
Koh Chang Marine National Park, Chief of Koh Chang District, Chief of Koh Chang Sub-
district Administration Organization, representatives from every small-scale fishery community
on Koh Chang Island, representative from Trat Bay Civil Society Network, representative from
Trat Province Marine and Coastal Resource Management Committee, representative from Trat
Province Fishery Resource Management Committee, representatives from civil society
organizations, academic experts and other qualified individuals with knowledge of natural
resource and environmental management.
2 Roles and responsibilities of the committee:
2.1 Develop guidelines and measures for the management, conservation and rehabilitation of
natural resources and the management of fishery activities in Koh Chang Island Marine
National Park to enable responsible sustainable fishery.
2.2 Protect and conserve marine animal populations to avoid potential extinction and ensure
sustainable use, leading to improved biodiversity and balanced ecosystems.
2.3 Prevent against illegal, unreported and unregulated fishery activity.
2.4 Establish measures to prevent fishery activities which interfere with natural processes related to
the growth and replenishment of marine animal populations, in order to ensure maximum
sustainable yield. (Protect against capture of juvenile marine animals.)
2.5 Promote participatory multi-stakeholder approaches for the management, conservation and
rehabilitation of natural resources and the management of fishery activities. Gather information
and conduct research to enable responsible sustainable fishery.
2.6 Promote and support small-scale fishers and related stakeholders in carrying out concrete
activities related to responsible sustainable fishery and ecosystem-based management of marine
and coastal resources.
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Specific Rules and Regulations for Fishery Management
1 Non-destructive small-scale fishery activities are allowed:
1.1 Non-destructive fishing gears, as used by small-scale fishers and permitted under law, are
allowed.
1.2 Fishing gears prohibited under law, e.g. explosives, chemicals, trawl nets, push nets, dredges
and harpoons, are not allowed.
1.3 All fishery activities will be banned in designated conservation areas, to be agreed upon in
advance by the Community Participation Committee.
1.4 Small-scale fisher communities will help monitor for illegal fishery activities, with additional
participation by local government agencies and local community leaders.
2 Penalties:
2.1 Formal verbal warning, documented for future reference, whether the offender is local to the
community or otherwise.
2.2 Confiscation of fishing gears, to be stored centrally to prevent repeat offenses.
2.3 Further penalties as deemed appropriate, to be agreed upon in advance by the Community
Participation Committee, e.g. revoking access to community funds.
2.4 In case the Community Participation Committee fails to apply the penalties in 2.1 to 2.3, the
offender will be handed over to the authorities, and prosecuted according to national legislation.
3 Monitoring:
3.1 Monitoring Groups will record information from monitoring activities in each community.
3.2 Monitoring Groups will hold regular consultation meetings to review information and develop
plans.
4 Other:
4.1 Co-management approaches involving small-scale fisher communities and relevant government
agencies will be promoted and supported.
4.2 Small-scale fishers must not be involved with illegal drugs, or any other illegal activities not
related to fishery activities.
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Current Status and Future Work
Current Status
At the provincial level, the provincial governor, local government agencies and relevant local
authorities have approved in principle the recommendations of the small-scale fisher communities. At
the national level, the small-scale fisher communities’ recommendations have been formally
presented to the Department of Fisheries (DoF), and there is general consensus and an outline plan on
securing small-scale fisheries on Koh Chang Island, in the context of the next Fishery Decree,
including encouraging and supporting the role of women in Trat Provincial Fishery Committee.
However, whilst there is general consensus and an outline plan, implementing such a plan would be in
conflict with both the new Fishery Decree and the National Park Act. Therefore, the current status is
that the small-scale fisher communities’ recommendations and the outline plan are currently with the
DoF and the Department of National Parks (DoNP), who will need to decide what legal provisions
can be made to allow the outline plan to be implemented in concrete terms. Apart from provisions to
specifically address local circumstances on Koh Chang Island, the small-scale fisher communities are
also calling for the controversial article 34 of the new Fishery Decree to be revoked, which would
otherwise limit small-scale fishers to operating within 3 nautical miles of the shore.
Future Work
Based on the current status outlined above, there is a clear need for ongoing advocacy work in order
to ensure that appropriate legal provisions are made to allow implementation of the outline plan to
secure small-scale fisheries on Koh Chang Island, and to ensure that article 34 of the new Fishery
37
Decree is revoked so that small-scale fishers are not restricted only to the nearshore zone. Sustainable
Development Foundation (SDF) is committed to continuing to advocate and campaign on these
issues, and this case study document will form an important part of that advocacy process.
Beyond this ongoing advocacy work, SDF will continue to work with Koh Chang Island’s women
small-scale fishers in the following four areas:
• Strengthen the network of small-scale fishers on Koh Chang Island, and more widely in Trat
Province and around Trat Bay.
• Advocate, promote and support the equitable participation of women small-scale fishers in
provincial decision-making bodies, notably the Trat Provincial Fisheries Committee as mandated
under the new Fishery Decree.
• Strengthen existing linkages and promote further integration between small-scale fisher
organizations in Trat Province and the nationwide Thailand Federation of Small-scale Fisher-folk
Association (FSF), including associated networks of women small-scale fishers active in the south
of Thailand.
• Coordinate and collaborate with women activists and gender networks generally in Thailand, in
order to advocate for the rights of women small-scale fishers, and promote and support their
equitable participation in decision-making bodies pertinent to their lives and livelihoods, whether
at the local or national levels.
38
Lessons Learned
In this final section, we summarize some of the lessons learned about promoting and strengthening the
rights of women small-scale fishers, based on our experiences in implementing this project.
These lessons learned are broken down into three categories: gender issues, governance issues and
advocacy approaches.
Gender Issues
Cultural and Social Issues
Thai society generally is very patriarchal. The physical and often dangerous nature of small-scale
fishery means men often play a dominant role, become the main source of income, and are therefore
considered the head of household. These factors can mean that small-scale fisher communities are
even more patriarchal than Thai society generally. Women often play a limited role in community life,
and tend to be underrepresented in local decision-making bodies. These cultural and social norms
have developed and become ingrained over many generations, and are often accepted
unquestioningly. Promoting the role of women small-scale fishers requires challenging these norms
and promoting more equitable alternatives.
Limited Understanding of Fundamental Rights
Small-scale fisher communities are some of Thailand's most marginalized communities, partly
because they are often small and geographically remote, and partly because commercial fishers
dominate policy debates. As a result, small-scale fisher communities often have poor access to
information regarding national policies and laws and international conventions and agreements,
limiting their knowledge and understanding about their fundamental rights. Given the aforementioned
cultural and social norms, within already marginalized small-scale fisher communities, women can
often be the group with least access to information, and therefore least knowledge and understanding
about their rights. Awareness raising and capacity building are therefore important components when
attempting to promote and strengthen the rights of women small-scale fishers.
Poverty is an Obstacle to Participation
For the poorest small-scale fishers, going out to sea is a daily necessity. Impoverish and indebted,
their survival is dependent upon their daily catch, as a source of both food and income. As mentioned
elsewhere in this document, small-scale fishers can easily spend 10-12 hours per day at sea, and this
does not include time spent preparing fishing gears beforehand, and time spent separating the catch
from their nets afterwards. This leaves small-scale fishers with little time to participate in non-
essential activities, that is activities not directly related to feeding their families or generating
household income. Such poverty, and the accompanying need to fish every day, is a particular
problem when it comes to advocacy activities. Often those whose livelihoods are most threatened, the
39
poorest members of the community, are those who are least able to participate in advocacy activities.
Ensuring their participation requires special care and attention.
Ensuring Equitable Participation Requires Specific Measures
One of the keys to promoting and strengthening the rights of women, the poorest families and other
marginalized groups is working to ensure equitable participation. Simply by affording opportunities
for these groups of people to participate, learn, share and take action, great progress can be made
towards protecting their fundamental rights and addressing their needs and concerns. However,
ensuring equitable participation of women and other marginalized groups requires us to understand
the cultural, social, economic and legal obstacles which have traditionally prevented their
engagement. This requires additional effort be applied, and specific measures be put in place.
Non-discriminatory Does Not Mean Equitable
When it comes to policies and laws, the fact that they are not discriminatory is not sufficient, and does
not mean that those policies and laws treat men and women equitably. As mentioned above, a host of
cultural, social, economic and legal factors stand in the way of women's equitable participation.
Therefore, for policies and laws to be truly equitable, they must specifically and proactively address
these various barriers that prevent women from participating on an equal footing with men.
40
Governance Issues
Conflicting Legislation
To some extent, the problems of Koh Chang Island's small-scale fishers stem from multiple,
conflicting, outdated and inappropriate laws. The National Park Act was never designed to cover the
case of marine national parks, and so does not adequately take into account small-scale fishery in the
nearshore coastal zone. Rights and entitlements in the Fishery Act are disregarded and infringed upon
by clauses in the National Park Act. The revised version of the Fishery Act promoted participation
and gender equality, but was replaced by the hastily conceived Fishery Decree, removing many
promising clauses. And so on.
Promising New Fishery Act and Marine Resources Act
Over the last year or so Thailand's Fishery Act has been revised and a new Promotion of Marine and
Coastal Resource Management Act enacted. Both of these new acts show much promise when it
comes to addressing the needs and concerns of small-scale fisher communities. Primarily, this is
because they both promote devolution of authority and participation in governance, setting up
Provincial Fishery Management Committees and Provincial Marine Resource Management
Committees respectively. Although the Fishery Decree has now replaced the revised Fishery Act,
undoing some of the good work, the Fishery Decree still mandates the establishment of Provincial
Fishery Management Committees.
41
Political Instability and Poor Governance
In recent years Thailand has faced much political instability, with tense and violent conflicts between
rival political factions, military coups, constitutional reform and periods of authoritarian rule. Normal
democratic process has been difficult to maintain, and public participation in national governance has
become increasingly limited. In this context of political instability, Thailand's citizens cannot be
assured of some of the basic rights, entitlements and freedoms taken for granted in many developed
countries, and adherence to principles of good governance is in no way guaranteed. The curtailment of
freedom of expression and right to assembly are additional barriers to advocating for the rights of
small-scale fishers and other marginalized groups.
Advocacy Approaches
The Importance of International Frameworks
When national policies and laws fail to endorse and protect basic rights, entitlements and freedoms, as
is the case currently in Thailand, international frameworks can be very important instruments for
informing advocacy efforts and reminding national governments of their internationally agreed
obligations. International frameworks help spell out universal standards, educating marginalized
groups about their rights and entitlements, and providing globally agreed benchmarks against which
the achievement and progress of national governments can be reviewed. They help build confidence
among those groups fighting for their rights, and they help mobilize political will within national
governments.
Encourage Networking to Strengthen Advocacy
One of the best ways to strengthen advocacy campaigns is by promoting and supporting networking.
There really is strength in numbers. The more marginalized the target group, the greater the benefit
derived from networking. For example, small-scale fishers may individually feel unable to compete
with the political clout of commercial fishers. But as small-scale fishers begin to network, and realize
that across communities, provinces and other administrative boundaries they share common concerns
and well aligned ideas, their courage and confidence grows. Women small-scale fishers, often
characterized by limited presence in community activities and restricted participation in local decision
making, can sometimes feel that advocacy work is beyond their capabilities. But given the chance to
come together, share experiences, discuss concerns, access information and embrace new knowledge,
their outlook can change significantly, and they can feel emboldened to fight for their rights.
Ensuring Formal Representation of Women Small-scale Fishers
As mentioned above, it is not sufficient for a law to be non-discriminatory in order to ensure equitable
participation. Instead, specific additional measures must be put in place to ensure women can
participate on an equal footing with men. Neither the new Fishery Decree nor the existing National
Park Act make any special provisions to ensure the participation of women. However, both the
Fishery Decree and the Promotion of Marine and Coastal Resources Act call for the establishment of
local management mechanisms - the Provincial Fishery Management Committee and the Provincial
42
Marine Resource Management Committee Respectively. By working to influence the composition of
such local management mechanisms, it is possible to promote and support the formal representation of
women at least at the local level.
Annex: Specific Community Recommendations for Specific Fishing Activities
Type of Activity Community Recommendation Note
Beach Fishing
Collecting shellfish Surf clam – allow collection of individuals
3 centimeters or larger
Razor clam – allow collection of
individuals 1 centimeter or larger
Turban shell – allow collection of
individuals 3 centimeters or larger
Collection allowed throughout the year, in
accordance with traditional livelihoods
Coastal Fishing
Mullet Collection prohibited during spawning
season
Nets must have mesh sizes of 4 centimeters
or larger
Monsoon season May to October
Koei shrimp Walking and scooping with nets is allowed
beyond 1.5 meters from the shore
Using a boat and scooping with nets is
allowed beyond 3 meters from the shore
Only possible during the applicable season,
koei shrimp are not present year round
Shrimp nets At least 50 to 100 meters from coral reefs
Nets must have mesh sizes of 4.2
centimeters in line with national law
Shrimp nets are used during both monsoon
seasons
During the first monsoon, nets will be
placed outside Koh Chang Island area
During the second monsoon, nets will be
placed inside Koh Chang Island area
Squid traps At least 500 meters from coral reefs
Nets must have mesh sizes of 2.5 inches or
larger
Small boats cannot venture further out than
this, the rough conditions are too
dangerous
Fish traps At least 10 meters from coral reefs
Nets must have mess sizes of 2 inches or
larger
Not damaging to natural resources
Fishing mostly for family subsistence, not
considered a main livelihood
Reef squid Nets must have mesh sizes of 2.5 inches or
larger, they do not damage or impact upon
coral reefs
Using small boats only in the vicinity of
coral reefs
Area around Koh Rang Island not fished
Indian squid At least 100 meters from the shore
Nets must have mesh sizes in line with
national law
No dynamos / batteries allowed
Dynamo / battery
squid fishing
At least 500 meters from the shore
Nets must have mesh sizes of 3.2
centimeters or larger
-
Crab nets At least 200 meters from the shore
Nets must have mesh sizes of 4 inches or
larger
Strict enforcement required with larger
fishing boats
Crab traps Nets at the base of the traps must have
mesh sizes of 2.5 inches or larger, in line
with declaration of Ministry of Agriculture
Number of crab traps to be defined in local
fishery development plan
Crabs carrying eggs outside their shells
must be immediately released into the sea
Fish nets At least 10 meters from coral reefs
Nets must have mesh sizes of 4.7 inches or
larger
-
Sustainable Development Foundation (SDF)
Secretariat Office
86 Soi Ladprao 110
(Sonthiwattana Yeak 2)
Ladprao Road
Wangthonglang
Bangkok 10310
Tel: +66 (0) 2935 3560 - 2
Fax: +66 (0) 2935 2721
E-mail: sdfthai@gmail.com
Website: www.sdfthai.org

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Consolidated Report Ver05

  • 1. 16 Days of Global Action on Rural Women: Women Assert Rights to Land and Resource Thailand Case Study: The Women Small-scale Fishers of Koh Chang Island Susana Corletto and Claire Wilson University of California, Santa Barbara with Jonathan Shott and Ravadee Prasertcharoensuk Sustainable Development Foundation, Thailand supported by Pesticide Action Network Asian Pacific
  • 2.
  • 3. 3 Introduction This case study, and the work that led up to its production, constitutes part of the Pesticide Action Network Asia and the Pacific (PANAP) advocacy initiative '16 Days of Global Action on Rural Women', conducted globally between 1-16 October 2015. Specifically, the project that resulted in the production of this case study was part of the 'No Land, No Life' and 'Women Assert Rights to Land and Resources' sub-campaigns. The project was implemented in Thailand by Sustainable Development Foundation (SDF), a Thai non-governmental organization which works to secure sustainable livelihoods and improve quality of life for rural and coastal communities, by promoting multi-stakeholder, collaborative approaches to natural resource management, disaster risk reduction and climate change adaptation. This case study focuses on the plight of small-scale fisher-folk communities, and the women who live and work within those communities. Since the focus of the case study is upon coastal communities as opposed to rural communities, there is a corresponding focus on access to natural resources, rather than a sole focus on access to land. Specifically, the case study focuses on the rights of small-scale fisher-folk to access coastal land, for settlement and mooring, and marine resources, in support of their fishery livelihoods. In this context it is to be noted that, whereas for small-scale farmer communities the primary livelihood concern would be access to land, in the case of small-scale fisher- folk communities the primary livelihood concern is access to marine resources, with secure land tenure often being a secondary concern. Small-scale fisher-folk have traditionally been an underrepresented group, one whose fundamental rights have tended to be overlooked, leading to a failure to enshrine them in legislation. However, in 2015 the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United Nations (UN) published a set of 'Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication' (VG-SSF). These guidelines represent the first internationally agreed instrument dedicated entirely to the small-scale fishery sector, and cover fundamental rights in six broad areas: responsible governance of tenure; sustainable resource management; social development, employment and decent work; value chains, post harvest and trade; gender equality; disaster risks and climate change. (FAO, 2015) The VG-SFF guidelines have provided a broad framework for both reviewing and advocating the rights of women small-scale fisher-folk under this project. In reviewing and advocating the rights of small-scale fisher-folk communities in general, and women small-scale fisher-folk in particular, the project focused on the specific case of small-scale fisher-folk communities living within the boundaries of one of Thailand's national parks, namely Koh Chang Marine National Park in Trat Province, Eastern Thailand. Such communities face particular challenges, because national park regulations make it even more difficult than usual to secure access to coastal land and marine resources. The case study reviews how fishery law and national park law impact upon the fundamental rights of women small-scale fisher-folk, and also examines other broader issues, such as the prevailing political situation, democratic process, good governance, and various socio-cultural and socio-economic factors.
  • 4. 4 Overview of the Situation Thailand’s Fishery Sector Thailand is one of the world’s top fish-producing nations, both in terms of capture fisheries and aquaculture. It has a large exclusive economic zone (EEZ) covering a total area of about 316,000 sq km, and with over one million hectares in coastal areas suitable for coastal aquaculture. In 2007, the total fish production was about 3.9 million tons, of which 58.2 per cent was from marine capture fisheries, and the rest from aquaculture, with coastal aquaculture contributing 22.9 per cent. The marine capture fish production of 2.2 million tons in 2007 was valued at approximately 2 billion USD. The fisheries GDP of Thailand stood at around 3 billion USD in 2008, of which 85 per cent was attributed to coastal provinces. (FAO, 2010) Thailand's marine capture fishery can be classified into small-scale and commercial fisheries. Commercial fishers use inboard powered vessels weighing 5 tons or more. Small-scale fishers use either inboard or outboard powered boats weighing less than 5 tons. Engines do not exceed 30 horsepower and boats are usually 7-11 meters in length. Commercial fishers may venture as far as 5- 10 km out to sea, whereas small-scale fishers typically operate within 3 km of the shore. The 1995 marine fishery census in Thailand found that a total of 535,210 individuals were involved in marine fishery. A study published in 2000 by the Food and Agriculture Organization (FAO) of the United Nations (UN) found that 87% of these individuals could be classified as small-scale fishers. Many of Thailand's fishery resources are in decline. Catch per unit effort (CPUE) has been decreasing since the 1960s, and in the Gulf of Thailand trash fish comprise almost half the total catch. Decreasing fish stocks have had major impacts on small-scale fishers, who have been increasingly competing for resources with commercial fishers. Conflicts between small-scale and commercial fishers have been a regular occurrence over the last 20 years, and recent increases in the overall number of fishers have only served to increase competition. Women Small-scale Fishers Small-scale fisher-folk tend to be overlooked in local development planning and national development policy. This is partly because they tend to be located far from urban centers in areas with poor communications infrastructure, but also because they typically account for only around 10% of the total annual marine catch. In the case of women small-scale fisher-folk, socio-cultural and socio- economic issues exacerbate the situation, and women small-scale fisher-folk can be both hidden from society and under-represented in planning and policy. Thai society is very patriarchal. Heads of household are typically male, and important decisions at both the household and community levels tend to be made by men. Women have traditionally been engaged in activities related to caring for family members and looking after the family home. Such social roles, played out over generations, have become so ingrained that they are considered the norm and are rarely questioned by either the women or men in society. Over the years, increasing economic pressures have forced women to play a greater role in seeking economic income. But rather than this bringing about a development of women's social roles, and
  • 5. 5 leading to them becoming more prominent and active members of their communities, the opposite has proven to be true. The increasing economic burden has only served to reinforce the social roles traditionally played by women, as they struggle to maintain their responsibilities within the home, whilst taking on new external responsibilities in order to generate supplementary income and help make ends meet within the household. Women small-scale fisher-folk are engaged in all stages of fishery, from productive to post-harvest activities. Many women join their husbands and take to the seas to engage in capture fishery. Women from poorer families, who may not have access to boats and fishing gears, as well as elderly and infirm women, will often be engaged in the collection of fishery products along the shore e.g. various types of shellfish. When the day's catch is brought ashore, disentangling and sorting the catch is typically a communal activity, with all family members playing a role. Activities where women tend to play a lead role include selling the daily catch and post-harvest processing of produce. The sale of raw fish catch usually involves coordinating and negotiating with a middleman - women small-scale fisher-folk rarely have the logistic capacity to be able to sell their catch directly to traders or customers. Typically there will be some portion of the catch which cannot be sold, either because there is no demand for a particular type of produce, or because the quality or size of animals caught is too low. This then places a further burden on women small-scale fisher-folk, because to maximize return on investment from their catch, any unsold produce must be processed further. Such post-harvest processing typically employs traditional methods passed down over the generations, with minimal variation from community to community. Koh Chang Marine National Park Koh Chang District is located in Trat Province in Eastern Thailand, adjacent to the border with Cambodia, and comprises a total of 28 different islands. Traditionally the district was comprised of small communities scattered around the islands' bays. These bays provided shelter from monsoon
  • 6. storms and a source of food and fresh water for those traveling by sea. Salak Petch Bay in particular was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket Island in the South. Trat Province (by NordNordWest from Wikipedia) Trat Province is located Chang Island is the largest of 28 islands in the province, and the second largest island in Thailand. Around 85% of the land area consists of mountains covered in a combination of tropical rain for and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area as a whole supports an abundance of flora and fauna, an a number of important habitats including mangrove forests, underwater rocky outcrops, affordin beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine National Park was established on 31 December 1982. Koh Chang Island is inhabited by approximately 5,000 househo island engaged in two main types of livelihoods: small years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism operators and their employees from outside of the island. The expansion of the tourism industry on the island has driven up land prices, putting pressure on local communities to sell up and move on. The land tenure of local communities is also threatened by the presenc occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally settled by communities. 6 nd fresh water for those traveling by sea. Salak Petch Bay in particular was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket (by NordNordWest from Wikipedia) Koh Chang Island (by Potapt from Wikipedia) in Eastern Thailand, along the border with Cambodia. Koh Chang Island is the largest of 28 islands in the province, and the second largest island in Around 85% of the land area consists of mountains covered in a combination of tropical rain for and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area as a whole supports an abundance of flora and fauna, an a number of important habitats including mangrove forests, underwater rocky outcrops, affording some of the best fishing in the country, and beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine National Park was established on 31 December 1982. Koh Chang Island is inhabited by approximately 5,000 households. Traditionally, those living on the island engaged in two main types of livelihoods: small-scale fishery and fruit orchards. In more recent years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism their employees from outside of the island. The expansion of the tourism industry on the island has driven up land prices, putting pressure on local communities to sell up and move on. The land tenure of local communities is also threatened by the presence of the national park and land occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally nd fresh water for those traveling by sea. Salak Petch Bay in particular was well known among Chinese Hainan and Vietnamese sailors and pirates. The numerous islands and surrounding waters cover a total area of 650 square kilometers. Koh Chang Island alone covers an area of some 200 square kilometers, making it the second largest island in Thailand after Koh Phuket Koh Chang Island (by Potapt from Wikipedia) in Eastern Thailand, along the border with Cambodia. Koh Chang Island is the largest of 28 islands in the province, and the second largest island in Around 85% of the land area consists of mountains covered in a combination of tropical rain forest and mixed deciduous forest. The remaining 15% of the land consists of flatter coastal areas. The area as a whole supports an abundance of flora and fauna, an a number of important habitats including g some of the best fishing in the country, and beautiful coral reefs. To protect these various natural resources and habitats, Koh Chang Marine lds. Traditionally, those living on the scale fishery and fruit orchards. In more recent years tourism activities have expanded rapidly, resulting in an influx of business owners, tourism their employees from outside of the island. The expansion of the tourism industry on the island has driven up land prices, putting pressure on local communities to sell up and move on. The e of the national park and land occupied by Thailand's navy, since the boundaries of both these areas overlap with areas traditionally
  • 7. 7 Thailand's National Park Act focuses primarily on terrestrial national parks. The various articles and clauses are more applicable to the management of forestry and grassland resources than they are marine and coastal resources. Nonetheless, as the number of marine national parks has steadily increased, the waters within 1,000 meters of the shore have come to be considered as lying within the national park boundaries. Where there are natural resources or important habitats deemed worthy of special protection, this 1,000 meter conservation zone is extended further out to sea, in some cases as far as 3,000 meters. Since the National Park Act emphasizes strict conservation, any use of marine and coastal resources within this nearshore zone is considered illegal, including small-scale fishery. The National Park Authorities’ New Declaration Traditionally, national park authorities have been lenient when it comes to enforcing such conservation policies. But at the start of September 2015, officials at Koh Chang Marine National Park declared they would now begin to strictly apply these conservation policies. As mentioned above, small-scale fishers tend to be most active within 3,000 meters of the shore. The small-scale fishers of Koh Chang Island are particularly active very close to the shore, precisely within the nearshore zone considered part of the national park boundaries. Map showing the boundary of Koh Chang Marine National Park.
  • 8. 8 The new stance of the national park authorities caused immediate concern among the island's small- scale fishers. Whilst there have not yet been any concrete cases of conflict between officials and small-scale fishers, and no small-scale fishers have so far been apprehended or prosecuted, the atmosphere has become tense. The island's small-scale fishers are now worried and afraid each time they go out to fish.
  • 9. 9 Analysis of the Situation Over the pages which follow, we present testimonials from seven women small-scale fishers and their families who were interviewed in-depth as part of the project. These testimonials provide insight into the lives of women small-scale fishers, and help to highlight how they would likely be affected if the national park authorities strictly enforce conservation policies in the nearshore zone. The Plight of Koh Chang Island’s Small-scale Fishers In trying to understand the potential impacts of strictly enforced conservation policies, it is helpful to first understand the general plight of Koh Chang Island's small-scale fisher families. For many of these families small-scale fishery is a traditional livelihood, with knowledge and skills passed down through the generations within their families. They lack the knowledge and skills to be able to pursue alternative forms of livelihood. For other families agriculture was their traditional livelihood, but falling prices of agricultural produce pushed them into fishery livelihoods. Whatever the case, small- scale fishery tends to be a subsistence livelihood, with families making barely enough to cover their household expenses. Small-scale fisher families often lack secure land tenure. Typically, families settled land before Thailand adopted a system of formal land tenure, and then neglected to formalize their tenure when legislation changed, often because of a lack of awareness and knowledge. Some small-scale fisher families have no land to speak of - their houses are built on stilts over the water, and they have no address and no formal access to public utilities. This lack of secure tenure means many small-scale fisher families live in fear of arrest and prosecution, and having no land further limits their livelihood options. So for many families, small-scale fishery is the sole source of both food and income. Small-scale fishery is a physically intensive but insecure livelihood. Both women and men can spend 10-12 hours per day at sea, which doesn't include time spent preparing fishing gears and extracting the
  • 10. 10 day's catch from their nets. But exactly how much they catch is dependent on nature - the presence or absence of marine animals, the roughness of conditions at sea, the prevailing season. On some days, despite their efforts, small-scale fisher families do not even cover their expenses, leaving them with no cash to spend. Depending on the particular type of small-scale fishery they are involved in, some families might only be able to fish 10-15 days in any given month. The monsoon season can be particularly challenging, with high waves and strong winds making it impossible for small-scale fishers to go out to sea. Small-scale fishery requires relatively high investment, primarily for fuel and also renewing fishing gears, which typically needs to be done before the start of every new season. But as already mentioned, small-scale fishery is a livelihood full of uncertainty, with no guaranteed return on investment. Over recent years, this has been exacerbated by dwindling marine animal populations and increasing fishing gear prices, gradually reducing small-scale fishers' profit margins. As a result, the vast majority of small-scale fisher families are heavily in debt. A typically family might make 300- 500 USD per month, but might be in debt to the tune of 3,000-10,000 USD, having taken loans from a range of formal and informal sources. Annual refinancing in an attempt to manage spiraling debts is a common practice. Whilst families may be able to manage from day to day, annual cycles of monsoon downturns, fishing gear renewals and education fees tend to exceed their capacity and push them into debt. Though most small-scale fisher families have little hope of ever being able to pay off their debts, they tend to struggle on with a common goal in mind - a better life for their children. Conscious of how difficult it is to make a living as a small-scale fisher, parents are keen to ensure their children are well educated and have good long-term employment prospects. Since a typical small-scale fisher family might include 2-4 children, ensuring they all graduate from university is a significant financial burden. The sad reality for some parents is that in order to meet that financial burden they must spend so long at sea each day that they have little time to look after they children, who have to be sent to live with relatives.
  • 11. 11 The Potential Impact of the National Park Authorities New Declaration The potential impact of strictly enforcing conservation policies in the nearshore zone must be considered in the context of the difficulties already faced by small-scale fisher families as outlined above. By their nature, small-scale fishers tend to operate primarily in nearshore waters. This is partly because of the type of marine animals they catch, which tend to inhabit nearshore waters, but small- scale fishers are also constrained by the types of boats and fishing gears they use, which are often not suited to fishing in deeper waters. Fishing further from the shore would also increase recurring costs like fuel, and expose small-scale fishers to greater physical risk - note that the majority of the small- scale fishers interviewed are in their 40s, 50s and even 60s. One might argue that small-scale fishers should diversify into alternative livelihoods, but insecure land tenure, heavy indebtedness and a lack of skills and knowledge are all significant barriers to livelihood diversification. The Political, Legislative and Administrative Situation To complete our picture of the current situation, it is useful to briefly examine the political, legislative and administrative situation with regards women small-scale fishers. As mentioned previously, Thai society is very patriarchal, and traditionally women have been poorly represented in politics, law and local administration. International frameworks like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) have helped to improve the situation, as have the efforts of Thailand's Department of Women's Affairs and Family Development (DWAFD), but much remains to be done to ensure gender equality in real terms. Policies and laws related to natural resource management have been particularly slow to enshrine the rights and endorse the participation of women on an equal footing with men. Women's participation in local administration has also traditionally been poor, especially in rural and coastal areas, where socio-cultural norms can be very different from those prevalent in urban centers. In small-scale fisher communities it can sometimes appear that women are playing a prominent role in local decision-making bodies, because they are often present in greater numbers than men. But this is
  • 12. 12 typically only representative of the fact that the men are out at sea fishing, so the women must attend any meetings on their behalf. In truth, real decision-making power still tends to rest with the male head-of-household. The background with regards Thailand's Fishery Act and National Parks Act is more complicated. Both these acts were enacted long ago, the Fishery Act in 1947 and the National Parks Act in 1961. They were generally considered outdated, and from a gender perspective made no attempt to enshrine the rights or endorse the participation of women. Small-scale fisher communities, small-scale fisher organizations and other civil society organizations campaigned long and hard for changes. Eventually, in early 2015, a new and more promising version of the Fishery Act was enacted, which this time spoke to the rights and roles of women. However, around the same time that civil society was campaigning for these improvements, the international community uncovered human rights abuses and illegal, unreported and unregulated (IUU) fishery activity within Thailand's fishery sector. This prompted the Thai government to take urgent action, and in late 2015 a Fishery Decree was enacted, replacing the Fishery Act that had been revised just a few months earlier. The hastily conceived and swiftly enacted Fishery Decree unfortunately omitted many of the beneficial clauses present in the revised Fishery Act, and introduced new clauses detrimental to the livelihoods of small-scale fishers. In particular, the new Fishery Decree failed to enshrine and endorse the rights and roles of women, and introduced the controversial article 34, limiting small-scale fishers to operating no further than 3 nautical miles (approx. 5,500 meters) from the shore. Previously, the nearshore zone within 3,000 meters of the shore had been reserved for small-scale fishery, but small- scale fishers had not been restricted to this zone, and were free to fish further out to sea if they so wished. Regarding the broader political environment in Thailand, following the 2014 military coup, the country has been under the authoritarian rule of a military junta. The international community has criticized the military junta for not ensuring a swift return to democratic rule, and for failing to ensure fundamental rights and freedoms. Political expression and public participation are severely curtailed, and Article 44 of the Interim Constitution has been condemned as a mechanism which essentially extends martial law on an indefinite basis.
  • 13. 13 Women Small-scale Fishers’ Testimonials Miss Wannaporn Wongyoo Miss Wannaporn Wongyoo, 23, and her husband Mr. Ploen Sommitr, 43, live together at No. 45/5, Village 3, Koh Chang Sub-district, Koh Chang District. They have two children. The eldest, aged 7, is already at school. The youngest, aged 2, is still cared for at home. Their families have been settled on Koh Chang Island for over 100 years, since their great grand parents' time. They inherited around 140 square meters of land from their families, on which they built their house. Although they were unaware of the fact, the land settled by their families had previously been allocated to the Thai navy. At one point they were apprehended, and charged with encroaching on government land, but the public prosecutor dismissed the case. Given their small plot of land, this family's only livelihood is small-scale fishery. Their daily catch provides both their food and their income. Their fishing boat is around 6 meters long, with a small roof to provide shelter from the elements. Miss Wongyoo and Mr. Sommitr typically spend all day at sea, for example from 6 a.m. to 6 p.m., during which time their children must stay with their grand parents. If on any particular day their catch is poor, they will often head out further to sea, or stay at sea overnight to reduce fuel costs by avoiding returning to shore. Their daily catch is very variable. Some days they catch a lot, other days very little. But they have a lot of expenses, including fuel for their boat, food, household expenses and schooling costs. In a typical month they barely make enough to cover these costs, and there is no money left for them to save. Therefore, when it comes time to repair or replace their fishing gears, they usually have to borrow money from various village funds, creating long-term debt. They estimate their current debt to be around 3,500 USD. "If my family is not allowed to fish, I don't know what we'll eat and I don't know how we'll live. All our lives, all we've ever done is fish, we don't have the knowledge or experience to do anything else. I also have to look after my children, so it's difficult for me to work far from home. And what about our debt? How will we be able to pay it off?"
  • 14. 14 Mrs. Kanya Saetun Mrs. Kanya Saetun is a village head living in Koh Chang Sub-district, Koh Chang District. Kanya collects a special type of small shrimp, know in Thailand as 'koei'. Because of its very small size, this type of shrimp is typically used for making shrimp paste. Koei shrimp tend to congregate close to the shore. They are seasonal, so can only be caught at certain times of year, but when in season they are usually plentiful, and small-scale fishers may be able to collect koei shrimp 25 days or more in any given month. Compare this with fishing for larger shrimps, further from the shore, where small-scale fishers may only be able to fish around 15 days in any given month. Compared to other small-scale fishers on Koh Chang Island, Kanya is financially much better off. She produces and sells around 4,500 USD worth of shrimp paste every month during the koei shrimp season. However, her expenses are also very high. Each month she has to invest around 2,000 USD in order to be able to produce the shrimp paste. The work is labor intensive and time consuming, so she pays her children around 500 USD to help her with the production process. So her net profit each month is around 2,000 USD, with which she has to buy food, pay for her house and cover all her other household expenses. Whilst Kanya makes considerably more money that many of the island's other small-scale fishers, she would also be one of the fishers most severely impacted if the national park authorities strictly enforce conservation policies in the 1,000 meter nearshore zone. That is because the koei shrimp, on which she is entirely dependent, are only found in these nearshore waters. "I have learned that if the officials enforce a strict conservation policy in Koh Chang National Park my livelihood will be devastated, because the area where I catch shrimp is entirely within the national park boundaries. What I have learned encourages me to fight for my own rights and my villagers' rights to be able to continue fishing and to maintain our existing livelihoods." Mrs. Thanida Phetduang Mrs. Thanida Phetduang, 48, and her husband Mr. Lek Namchad, 54, live together at No. 100/1, Village 3, Koh Chang Sub-district, Koh Chang District. They have three children. Their son and eldest daughter both work for a living already. But they still have to look after their youngest daughter, who is currently studying. They moved to Koh Chang Island from Laem Singh District in neighboring Chanthaburi Province in 1981. The family has no land, so their house is built on stilts over the water, a common but illegal practice. This means they have no deeds to show ownership of their house, they have no address, and they have to access electricity via their neighbors. Small-scale fishery is the family's only source of income. Although they have previously tried diversifying into other livelihoods, they were not successful. Lek spends all day fishing at sea, typically from 4 a.m. to 5 p.m.. Thanida works at home, preparing and repairing their fishing gears, and cooking meals for the family. Their daily catch varies greatly, depending on the weather and, in particular, the seasons. Often during the monsoon season, when the waves are high and the winds are strong, they are not able to fish at all. They usually sell their fresh fish catch to a hotel on the island.
  • 15. 15 Their average monthly income is around 350 USD. This is not enough to cover their expenses, and they have taken many loans, both from village funds and from government banks. The money they borrow helps cover their expenses during the monsoon season when they are not able to fish, and around 850 USD each year goes towards repairing and replacing their fishing gears. Their son works at a bank, and helps them refinance regularly to keep interest payments as low as possible. But Thanida is unsure they will ever be able to pay off all their debts, which currently amount to around 10,000 USD. "Almost all small-scale fisher families I know are in debt. If we are forced to fish further away from the coast, I'm really not sure whether we'll be able to survive. Marine animal populations have already decreased severely, and our incomes have decreased accordingly." Miss Naowarat Sae Oung Miss Naowarat Sae Oung, 49, and Mr. Chatchawan Chaisri, 50, live together at No. 13/7 Village 3, Koh Chang Sub-district, Koh Chang District. They have three children, all of whom are currently studying. Because both Naowarat and Chatchawan fish at sea every day, and because their children are still studying, they have had to send their children to live with their grand mother in far away Petchaburi Province. Naowarat says she misses her children very much. Both Naowarat and Chatchawan previously lived in Laem Singh District in neighboring Chanthaburi Province, but never established a family home there.
  • 16. 16 Naowarat and Chatchawan catch only fish, using just one particular type of net, and typically fishing only a few hundred meters from the shore. Like many other small-scale fishers, they face problems during the monsoon season, when because of rough conditions they can only fish about five days in any month. Because they fish so close to the shore, they will be particularly hard hit if the national park authorities strictly enforce conservation policies in the 1,000 meter nearshore zone. The family's income from small-scale fishery is around 500 USD per month. Naowarat and Chatchawan try to send around half that, 250 USD, to their children in Petchaburi Province every month. The remaining half goes on utilities and food. During the monsoon season, when they can fish only infrequently, they do not make enough money either to send to their children or to cover their own expenses. They borrow money to make ends meet, and to repair their fishing gears ready for the following season. As a result they have many loans, both formal and informal, with monthly interest rates ranging between 5-8%. "We continue to struggle because of our children. We want them to graduate from university, so that they can get good jobs. Then they'll be able to look after themselves, their lives won't be difficult like their mother and father. Life for small-scale fishers these days is very difficult, a life of endurance and perseverance." Mrs. Thongsuk Phonkart Mrs. Thongsuk Phonkart, 50, and Mr. Damree Phonkart, 52, live together at No. 46/4. Village 3, Koh Chang Sub-district, Koh Chang District. Their main source of livelihood is plantations, mostly durian and other fruits, but also including para rubber. Recently agricultural produce have fallen in price, so
  • 17. 17 Thongsuk and Damree needed to find an additional livelihood to supplement their income. Since their land is located close to the sea, they decided upon small-scale fishery as their additional livelihood. Although small-scale fishery has provided them with some additional income, the income it provides is very uncertain, and highly dependent on the weather and the climate. On some days, when the catch is low, they don't even cover their expenses. They also highlighted that the further from the coast they have to fish, the higher their fuel expenses and the greater the physical danger from rough conditions. "We chose to take up small-scale fishery because of the low price of agricultural produce. Our family needed additional income, and it was the only additional livelihood we could think of. The additional income we get from small-scale fishery is quite low, but it is better than nothing, and prevents us from becoming a burden to society." Mrs. Choi Sirimongkol Mrs. Choi Sirimongkol, 58, and Mr. Boonloi Sirimongkol, 62, live together at No. 21/81, Village 4, Koh Chang Sub-district, Koh Chang District. They have four children. They live in a village where almost all the families are engaged in small-scale fishery. There are about 40 boats in total in the village. The family is heavily dependent on small-scale fishery as their only livelihood. Boonloi goes out to fish alone, because Choi has a slipped disc and pinched nerve, so she cannot do heavy work. Choi stays at home, takes care of the family and prepares meals for her husband.
  • 18. 18 Boonloi catches mostly shrimp, together with some squid and fish. He sells his catch directly to local restaurants and hotels. The restaurants and hotels send representatives to his village to purchase marine produce, which means the family don't have to travel outside the village to sell their catch. Boonloi has to spend around 15 USD on fuel each time he goes out to fish. He makes on average around 350 USD per month, but it is not uncommon for him to return from sea with no catch. On such days he has no money to give Choi so she can buy food. Choi and Boonloi explained that small-scale fishers are not only dependent on the weather and the seasons, but they are also dependent on marine animal populations and fishing gear prices. Over recent years, marine animal populations have decreased and fishing gear prices have increased. Both these factors increase the expenses incurred by small-scale fishers, diminishing their profit margins as well as the number of days they can afford to fish. Boonloi typically fishes for only 15 days in any given month. Typically the family's income from fishing is not enough to cover their expenses. When it is time to repair or replace their fishing gears, the family must rely on loans. They have no savings and are currently around 6,500 USD in debt. The shrimp which form the bulk of the family's catch are typically found in the nearshore waters that fall within the national park boundaries. As a result, if the national park authorities strictly enforce conservation policies in this nearshore zone, Choi and her family will be particularly badly affected. Furthermore, because of his age and the small size of his boat, Boonloi would find it difficult to fish further out to sea. "The sea is our life, and our life is part of the sea. We fish to be able to live. We don't have high expectations. We only want enough income to be able to look after our families from day to day."
  • 19. 19 Miss Wivattana Wannaprathip Miss Wivattana Wannaprathip and Mr. Danai Chantasee live together at No. 39/6, Village 3, Koh Chang Sub-district, Koh Chang District. They have two sons. Their eldest son is in the sixth year of secondary school, and their youngest son is in the fourth year of primary school. Danai's family have been living on Koh Chang Island for the past three generations. When Wivattana and Danai married, they had some capital partly from wedding gifts, and partly because Danai sold some of the land he inherited from his family. They decided to divide this capital into two parts. The first part they used to refurbish their home, in order to make it more durable. The second part they used to buy a fishing boat. Danai is the one who goes to sea, and he fishes using only a rod. He catches bait fish in shallow waters, then goes further out to sea to catch large fish in deeper waters. On a good day he might make 100 USD from the sale of this catch. From that he has to subtract his expenses of around 20 USD, which covers fuel, ice and food. There are some days when Danai catches almost nothing, and effectively loses his 20 USD investment. Typically he fishes for only about 10 days in any given month. Wivattana and Danai feel they cannot rely on small-scale fishery alone because the income is very uncertain. So they also have a number of other livelihoods. Wivattana provides nursery care for five children, the most she feels she can manage, which provides the family with a regular income of 500 USD per month. This is the family's largest and most stable source of income. They also took out a loan to purchase a snooker table, which local youngsters pay to use. But electric lighting for the snooker table costs a lot, and so they make little profit from it. Most recently, the family have begun running a home stay, which they hope will provide another source of stable, year-round income. The small-scale fishery helps make ends meet, and also helps feed the family.
  • 20. 20 The family are heavily in debt, and have taken many loans from both the Bank for Agriculture and Agricultural Cooperatives and also the Government Savings Bank. "If Koh Chang National Park enforces strict conservation laws there will definitely be a negative impact on my husband's small-scale fishery livelihood. I think the best way forward is to consult with the national park officials, and try to find a compromise that both the national park officials and the small-scale fishers can accept. Our coastal waters should be a public resource, we should have the right to fish in them."
  • 21. 21 Strategies for Resolving the Situation Based upon the above overview and analysis of the situation, a number of overarching strategies were devised to address the concerns of Koh Chang Island's small-scale fisher families, whilst simultaneously working to promote the rights and participation of women small-scale fishers. These overarching strategies, which are detailed below, provided general direction and informed the practical process which was carried out. The actual steps of the process itself are detailed in the next section. Applying the VG-SSF Guidelines as an Overall Framework As mentioned in the introduction, the 'Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication' (VG-SSF) - recently published by the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United Nations (UN) - represent the first internationally agreed instrument dedicated entirely to the small- scale fishery sector. Six broad areas are covered by the guidelines, three of which are of particular relevance to the case of Koh Chang Island's women small-scale fishers: responsible governance of tenure, sustainable resource management and gender equality. Given the restrictive political environment in Thailand, with political expression and public participation severely curtailed under military rule, international instruments like the VG-SSF guidelines are an important tool in reminding the Thai government of their obligation to ensure the fundamental rights of small-scale fishers generally and women small-scale fishers in particular. Furthermore, given the replacement of the promising new Fishery Act with the hastily conceived Fishery Decree, the individual sections of the VG-SSF guidelines help explicitly define which rights and freedoms should be enshrined and protected in policies and laws.
  • 22. 22 Educate Women Small-scale Fishers About Their Rights Most small-scale fishers believe in their right to make a living by fishing in national waters. Typically, however, their belief is intuitive, rather than being based on awareness or knowledge of relevant national policies or internationally agreed frameworks. Poorer small-scale fishers and women small-scale fishers, who rarely participate in advocacy activities, are often among the least well informed regarding the rights and freedoms which they should be entitled to enjoy. Promoting exchange and learning among small-scale fisher families, with appropriate technical input about relevant rights frameworks, can help to address this lack of awareness and knowledge, thereby increasing the assurance and confidence of small-scale fisher families in asserting their rights and freedoms. Furthermore, such learning and exchange activities help build and strengthen networks among small-scale fisher communities, helping support advocacy activities. Emphasize Conservation as a Common Goal If the national park authorities strictly enforce conservation policies in the 1,000 meter zone, this will have a huge negative impact on the livelihoods, food security and income security of Koh Chang Island's small-scale fisher families. The resulting tension, anger and desperation is almost certain to lead to bitter conflict between the national park authorities and the small-scale fisher families. One way to reduce or avoid such conflict is to seek out and emphasize common ground. The new stance of the national park authorities is aimed at improved conservation of marine resources. Improved conservation of marine resources means increased populations or marine animals, which is actually of benefit to small-scale fisher families, so long as they can maintain their right to fish. Improved conservation is good for all sides - there is no inherent conflict in the end goal.
  • 23. 23 The problems lie in the details of implementation. If the new conservation policies of the national park authorities completely prohibit small-scale fishery, conflict will be unavoidable. If, on the other hand, a more balanced approach can be adopted, improved conservation could easily benefit small- scale fishers. Both sides will need to make concessions. The national park authorities will need to accommodate less stringent fishery restrictions. The small-scale fishers will need to embrace more sustainable fishery practices. But with open minds, mutual understanding and a willingness to compromise it should be possible to find a solution which is acceptable to all. Participatory Fact-finding and Collective Rule-making This strategy strongly relates to the previous strategy on emphasizing conservation as a common goal. The best way to develop open minds and mutual understanding is by working together in a collaborative manner. The first part of collaborative working is participatory fact-finding - bringing the small-scale fisher families and the national park authorities together, and encouraging them to learn about one another by exchanging concrete facts about their needs and concerns. This not only promotes a willingness to compromise, it also ensures that further collaboration is based upon a commonly agreed picture of the circumstances. The second part of collaborative working is collective rule-making - building upon that initial common understanding, with both sides contributing to the development of management regulations and implementation arrangements. This results in a sense of shared ownership. Rather than the
  • 24. 24 national park authorities developing regulations and arrangements in isolation, and then imposing them on the small-scale fisher families, the small-scale fisher families themselves are actively engaged in the drafting and implementation of the new conservation policies. Provincial and Departmental Endorsement Devolution policy in general in Thailand, and the newly enacted Fishery Decree in particular, both allow provincial governor's some freedom in suggesting appropriate solutions to resolve local problems in the fishery sector. Provided local stakeholders can reach agreement on an appropriate solution, the provincial governor can make a recommendation to the relevant central government agency, in this case the Department of Fisheries (DoF). The strategies outlined so far focus primarily upon small-scale fisher families and the national park authorities. These strategies are necessary to avoid conflict, promote collaboration and achieve consensus. But once an appropriate solution has been identified, approval will need to be sought first from the provincial governor, and then from the DoF. This final strategy focuses on the consultation meetings needed to achieve provincial and departmental endorsement.
  • 25. 25 Process Employed In this section we describe the actual steps that were carried out to address the concerns of Koh Chang Island’s small-scale fisher families, whilst simultaneously working to promote the rights and participation of women small-scale fishers. These practical steps were guided and informed by the overarching strategies described in the previous section. Activity 1: Fact Finding on Women's Vulnerability When: 15-24 September 2015 Where: Koh Chang Island, Trat Province Type: Informal separate meetings with different stakeholder groups Number of people: Approx. 300 people Groups represented: Small-scale fishers (women and men), local administration authorities, local government agencies Description: Initial series of fact finding meetings, conducted separately with different stakeholders in small groups. Highlights: Learning about the livelihoods of the island's small-scale fishers, differences between the roles of women and men. Results/Outputs: Preliminary assessment of rights situation within Koh Chang National Park, including potential threats to livelihoods of small-scale fisher communities. Preliminary assessment of particular issues faced by women.
  • 26. 26 Activity 2: Learning on Small-scale Fisher Rights / Participatory Data Gathering When: 6-24 October 2015 Where: Koh Chang Island, Trat Province Type: Informal separate meetings with different stakeholder groups Number of people: Approx. 250 people Groups represented: Small-scale fishers (women and men), local administration authorities, local government agencies Description: Follow up focus group meetings, again conducted separately with different stakeholders in small groups. Highlights: Starting a process of learning and exchange about small-scale fisher rights and relevant national and international policy instruments. Going into depth on the issues and concerns faced by specific small-scale fisher women. Results/Outputs: Small-scale fisher women informed about relevant frameworks on small- scale fisher rights. Case studies drafted about specific small-scale fisher women and their families. Strategies for advocacy and campaign developed together with small-scale fishers.
  • 27. 27 Activity 3: Learning on Small-scale Fisher Rights / Develop Campaign Materials When: 2-15 November 2015 Where: Koh Chang Island, Trat Province Type: Consultation meetings at sub-district level Number of people: Approx. 70 people Groups represented: Small-scale fishers (women and men), local administration authorities, local government agencies Description: Larger, multi-stakeholder consultation meetings conducted at the sub-district level, over a total period of around two weeks. Highlights: Continued the process of learning and exchange about small-scale fisher rights. Background information presented and reviewed, different stakeholder groups exchanged their opinions about the potential threats to the rights and livelihoods of small-scale fishers, and what potential solutions there might be. Women played a prominent role in discussions and recommendations. Results/Outputs: Background information formalized and documented regarding Koh Chang National Park, Koh Chang Island's small-scale fisher communities and potential threats to their livelihoods, and the particular issues faced by women. Potential solutions identified and preliminary recommendations documented, including how to encourage and support the role of women. Activity 4: Consultation Meeting with Local Government Agencies / Lessons Learned and Next Steps When: 14-15 December 2015 Where: Koh Chang Island, Trat Province Type: Consultation meeting at provincial level Number of people: Approx. 40 people Groups represented: Small-scale fishers (women and men), local administration authorities, local government agencies. Description: Formal consultation meeting convened by the provincial governor on behalf of the project, attended by relevant local government agencies including Koh Chang National Park, Department of Fisheries, and Department of Marine and Coastal Resources. Highlights: Presentation and review of potential solutions and preliminary recommendations. Formal feedback provided by local administration
  • 28. 28 authorities and local government agencies. Women played a prominent role in discussions and recommendations. Results/Outputs: Potential solutions and preliminary recommendations endorsed by provincial level stakeholders, including how to encourage and support the role of women. Solutions and recommendations document formalized for presentation to central government agencies. Activity 5: Consultation Meeting with Central Government Agencies When: 21-22 December 2015 Where: Sustainable Development Foundation Secretariat Office, Bangkok City Type: Consultation meeting at national level Number of people: Approx. 50 people Groups represented: Small-scale fishers (women and men), small-scale fisher activists, central government agencies Description: Formal consultation meeting convened by Sustainable Development Foundation and Thailand Federation of Small-scale Fisher-folk Association on behalf of the project Attended by senior officials from the Department of Fisheries. Highlights: Presentation and discussion about solutions and recommendations from provincial level consultation process. Review of solutions and recommendations in context of new Fishery Decree. Small-scale fisher women gained experience of negotiating with senior government officials. Results/Outputs: Consolidated case study document, covering background information, situational analysis, strategies employed, communities recommendations and lessons learned. General consensus and outline plan on securing small-scale fisheries on Koh Chang Island, in the context of the new Fishery Decree, including encouraging and supporting the role of women in Provincial Fishery Committee.
  • 29. 29 The Fundamental Rights of Small Scale Fishers It has been mentioned already that the 'Voluntary Guidelines for Securing Sustainable Small-scale Fishery in the Context of Food Security and Poverty Eradication' (VG-SSF) recently published by the Committee on Fisheries (COFI) of the Food and Agriculture Organization (FAO) of the United Nations (UN) are an important tool for reminding national governments of the obligation to ensure the fundamental rights of small-scale fishers generally and women small-scale fishers in particular. Furthermore, the individual sections of the VG-SSF guidelines help explicitly define which rights and freedoms should be enshrined and protected in policies and laws. In the next section we present the recommendations developed by the women small-scale fishers and the small-scale fisher communities of Koh Chang Island. To provide context for the communities' recommendations, and to highlight some of the most important fundamental rights that small-scale fishers should enjoy, in this section we provide some relevant excerpts from the VG-SSF guidelines. In particular, we list the objectives of the VG-SSF guidelines, summarize their guiding principles, and examine relevant clauses from the three sections most relevant to the case of Koh Chang Island: responsible governance of tenure, sustainable resource management and gender equality. Objectives A To enhance the contribution of small-scale fisheries to global food security and nutrition and to support the progressive realization of the right to adequate food. B To contribute to the equitable development of small-scale fishing communities and poverty eradication and to improve the socio-economic situation of fishers and fish workers within the context of sustainable fisheries management. C To achieve sustainable utilization, prudent and responsible management and conservation of fisheries resources consistent with the Code of Conduct for Responsible Fisheries (the Code) and related instruments. D To promote the contribution of small-scale fisheries to an economically, socially and environmentally sustainable future for the planet and its people. E To provide guidance that could be considered by States and stakeholders for the development and implementation of ecosystem friendly and participatory policies, strategies and legal frameworks for the enhancement of responsible and sustainable small-scale fisheries. F To enhance public awareness and promote the advancement of knowledge on the culture, role, contribution and potential of small-scale fisheries, considering ancestral and traditional knowledge, and their related constraints and opportunities. Guiding Principles 1 Human rights and dignity: recognizing the inherent dignity and the equal and inalienable human rights of all individuals, all parties should recognize, respect, promote and protect the human rights principles and their applicability to communities dependent on small-scale fisheries, as stipulated by international human rights standards.
  • 30. 30 2 Respect of cultures: recognizing and respecting existing forms of organization, traditional and local knowledge and practices of small-scale fishing communities, including indigenous peoples and ethnic minorities. 3 Non-discrimination: promoting in the small-scale fisheries the elimination of all kinds of discrimination in policies and in practice. 4 Gender equality and equity: is fundamental to any development. Recognizing the vital role of women in small-scale fisheries, equal rights and opportunities should be promoted. 5 Equity and equality: promoting justice and fair treatment - both legally and in practice - of all people and peoples, including equal rights to the enjoyment of all human rights. At the same time, differences between women and men should be acknowledged and specific measures taken to accelerate the de facto equality. 6 Consultation and participation: ensuring active, free, effective, meaningful and informed participation of small-scale fishing communities, including indigenous peoples, taking into account the UN Declaration on the Rights of Indigenous Peoples (UN DRIP) in the whole decision-making process related to fishery resources and areas where small-scale fishers operate, as well as adjacent land areas, and taking existing power imbalances between different parties into consideration. 7 Rule of law: adopting a rules-based approach for small-scale fisheries through laws that are widely publicized in applicable languages, applicable to all, equally enforced and independently adjudicated, and that are consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. 8 Transparency: clearly defining and widely publicizing policies, laws and procedures in applicable languages, and widely publicizing decisions in applicable languages and in formats accessible to all. 9 Accountability: holding individuals, public agencies and non-state actors responsible for their actions and decisions according to the principles of the rule of law. 10 Economic, social and environmental sustainability: applying the precautionary approach and risk management to guard against undesirable outcomes, including over exploitation of fishery resources and negative environmental, social and economic impacts. 11 Holistic and integrated approaches: recognizing the ecosystem approach to fisheries (EAF) as an important guiding principle, embracing the notions of comprehensiveness and sustainability of all parts of ecosystems as well as the livelihoods of small-scale fishing communities, and ensuring cross-sectoral coordination as small-scale fisheries and closely linked to and dependent on many other sectors. 12 Social responsibility: promoting community solidarity and collective and corporate responsibility and the fostering of an environment that promotes collaboration among stakeholders should be encouraged. 13 Feasibility and social and economic viability: ensuring that policies, strategies, plans and actions for improving small-scale fisheries governance and development are socially and economically sound and rational. They should be informed by existing conditions, implementable and adaptable to changing circumstances, and should support community resilience.
  • 31. 31 Responsible Governance of Tenure 5.2 All parties should recognize that responsible governance of tenure of land, fisheries and forests applicable in small-scale fisheries is central for the realization of human rights, food security, poverty eradication, sustainable livelihoods, social stability, housing security, economic growth and rural and social development. 5.3 States, in accordance with their legislation, should ensure that small-scale fishers, fish workers and their communities have secure, equitable, and socially and culturally appropriate tenure rights to fishery resources (marine and inland) and small-scale fishing areas and adjacent land, with a special attention paid to women with respect to tenure rights. 5.4 States, in accordance with their legislation, and all other parties should recognize, respect and protect all forms of legitimate tenure rights, taking into account, where appropriate, customary rights to aquatic resources and land and small-scale fishing areas enjoyed by small-scale fishing communities. 5.5 States should recognize the role of small-scale fishing communities and indigenous peoples to restore, conserve, protect and co-manage local aquatic and coastal ecosystems. 5.9 States should ensure that small-scale fishing communities are not arbitrarily evicted and that their legitimate tenure rights are not otherwise extinguished or infringed. Sustainable Resource Management 5.13 States and all those engaged in fisheries management should adopt measures for the long-term conservation and sustainable use of fisheries resources and to secure the ecological foundation for food production. 5.14 All parties should recognize that rights and responsibilities come together: tenure rights are balanced by duties, and support the long-term conservation and sustainable use of resources and the maintenance of the ecological foundation for food production. 5.15 States should facilitate, train and support small-scale fishing communities to participate in and take responsibility for, taking into consideration their legitimate tenure rights and systems, the management of the resources on which they depend for their well-being and that are traditionally used for their livelihoods. Accordingly, States should involve small-scale fishing communities - with special attention to equitable participation of women, vulnerable and marginalized groups - in the design, planning and, as appropriate, implementation of management measures, including protected areas, affecting their livelihood options. Participatory management systems, such as co-management, should be promoted in accordance with national law. 5.17 States should ensure that the roles and responsibilities within the context of co-management arrangements of concerned parties and stakeholders are clarified and agreed through a participatory and legally supported process. All endeavors should be made so that small-scale fisheries are represented in relevant local and national professional associations and fisheries bodies, and actively take part in relevant decision-making and fisheries policy-making processes.
  • 32. 32 5.18 States and small-scale fisheries actors should encourage and support the role and involvement of both men and women, whether engaged in pre-harvest, harvest or post-harvest operations, in the context of co-management and in the promotion of responsible fisheries, contributing their particular knowledge, perspectives and needs. All parties should pay specific attention to the need to ensure equitable participation of women, designing special measures to achieve this objective. Gender Equality 8.1 All parties should recognize that achieving gender equality requires concerted efforts by all and that gender mainstreaming should be an integral part of all small-scale fisheries development strategies. These strategies to achieve gender equality require different approaches in different cultural contexts and should challenge practices that are discriminatory against women. 8.2 States should comply with their obligations under international human rights law and implement the relevant instruments to which they are party, including, inter alia, CEDAW, and should bear in mind the Beijing Declaration and Platform for Action. States should endeavor to secure women's equal participation in decision-making processes for policies directed towards small-scale fisheries. States should adopt specific measures to address discrimination against women, while creating spaces for CSOs, in particular for women fish workers and their organizations, to participate in monitoring their implementation. Women should be encouraged to participate in fisheries organizations, and relevant organizational development support should be provided. 8.3 States should establish policies and legislation to realize gender equality and, as appropriate, adapt legislation, policies and measures that are not compatible with gender equality, taking into account social, economic and cultural aspects. States should be at the forefront of implementing actions for achieving gender equality by, inter alia, recruiting both men and women as extension staff and ensuring that both men and women have equal access to extension and technical services, including legal support, related to fisheries. All parties should collaborate to develop functional evaluation systems to assess the impact of legislation, policies and actions for improving women's status and achieving gender equality. 8.4 All parties should encourage the development of better technologies of importance and appropriate to women's work in small-scale fisheries.
  • 33. 33 Communities' Recommendations In this section we present the recommendations developed by the women small-scale fishers and the small-scale fisher communities of Koh Chang Island. Detailed regulations relating to specific fishing activities were also drafted, and are included as an annex at the end of this document. Overall Recommendations Principles and Intentions To establish measures for conducting small-scale fishery in Koh Chang Marine National Park's conservation zone, in order to preserve the traditional way-of-life of Koh Chang Island's small-scale fishers, guarantee food security, and maintain the livelihoods that form the basis of the local economy. To conserve the diversity and abundance of marine animal resources in line with the principles of responsible sustainable fisheries, good governance and multi-stakeholder participation. To rehabilitate, conserve and manage marine animal populations in order to achieve maximum sustainable yield. To prevent fishery which exceeds the carrying capacity of local ecosystems, in order to ensure that fishery activities do not negatively impact the sustainability of marine animal resources. Objectives 1 To ensure fishery management and marine animal resource conservation adhere to principles of good governance. 2 To protect, assist and support small-scale fishery and local fishery communities. 3 To establish measures to prevent, suppress and eliminate illegal fishery activities. 4 To apply both scientific and traditional knowledge in the rehabilitation, conservation and management of marine animal resources to maintain marine ecosystem balance and achieve maximum sustainable yield, using principles of preventative management. 5 To promote multi-stakeholder collaboration between relevant government agencies, small-scale fisher communities, small-scale fisher networks, civil society organizations, private sector organizations and academic experts in managing small-scale fishery in Koh Chang Marine National Park's conservation zone, in order to meet these commonly agreed objectives. Definitions Fishery: All forms of capture fishery, pre- and post-harvest activities, management and conservation of marine animal resources. Any relevant activity in support of responsible sustainable fishery. Small-scale fishery: Fishing without the use of a boat, or fishing with a boat no more than 10 tons gross weight, using various forms of selective, non-harmful fishing gears which do not damage marine resources and ecosystems.
  • 34. 34 Specific Recommendations on Co-management Approaches for Koh Chang Marine National Park 1 Establish a committee called 'The Committee for Community Participation in the Management, Conservation and Rehabilitation of Fishery Resources in Koh Chang Marine National Park'. The committee should comprise: Provincial Governor (Chairperson) Director of Marine and Coastal Resource Management Center 1, Director of Marine and Coastal Resource Research Center Eastern Region, Director of Fishery Resource Research Center Eastern Region, Head of Trat Province Natural Resources and Environment Office, Head of Koh Chang Marine National Park, Chief of Koh Chang District, Chief of Koh Chang Sub- district Administration Organization, representatives from every small-scale fishery community on Koh Chang Island, representative from Trat Bay Civil Society Network, representative from Trat Province Marine and Coastal Resource Management Committee, representative from Trat Province Fishery Resource Management Committee, representatives from civil society organizations, academic experts and other qualified individuals with knowledge of natural resource and environmental management. 2 Roles and responsibilities of the committee: 2.1 Develop guidelines and measures for the management, conservation and rehabilitation of natural resources and the management of fishery activities in Koh Chang Island Marine National Park to enable responsible sustainable fishery. 2.2 Protect and conserve marine animal populations to avoid potential extinction and ensure sustainable use, leading to improved biodiversity and balanced ecosystems. 2.3 Prevent against illegal, unreported and unregulated fishery activity. 2.4 Establish measures to prevent fishery activities which interfere with natural processes related to the growth and replenishment of marine animal populations, in order to ensure maximum sustainable yield. (Protect against capture of juvenile marine animals.) 2.5 Promote participatory multi-stakeholder approaches for the management, conservation and rehabilitation of natural resources and the management of fishery activities. Gather information and conduct research to enable responsible sustainable fishery. 2.6 Promote and support small-scale fishers and related stakeholders in carrying out concrete activities related to responsible sustainable fishery and ecosystem-based management of marine and coastal resources.
  • 35. 35 Specific Rules and Regulations for Fishery Management 1 Non-destructive small-scale fishery activities are allowed: 1.1 Non-destructive fishing gears, as used by small-scale fishers and permitted under law, are allowed. 1.2 Fishing gears prohibited under law, e.g. explosives, chemicals, trawl nets, push nets, dredges and harpoons, are not allowed. 1.3 All fishery activities will be banned in designated conservation areas, to be agreed upon in advance by the Community Participation Committee. 1.4 Small-scale fisher communities will help monitor for illegal fishery activities, with additional participation by local government agencies and local community leaders. 2 Penalties: 2.1 Formal verbal warning, documented for future reference, whether the offender is local to the community or otherwise. 2.2 Confiscation of fishing gears, to be stored centrally to prevent repeat offenses. 2.3 Further penalties as deemed appropriate, to be agreed upon in advance by the Community Participation Committee, e.g. revoking access to community funds. 2.4 In case the Community Participation Committee fails to apply the penalties in 2.1 to 2.3, the offender will be handed over to the authorities, and prosecuted according to national legislation. 3 Monitoring: 3.1 Monitoring Groups will record information from monitoring activities in each community. 3.2 Monitoring Groups will hold regular consultation meetings to review information and develop plans. 4 Other: 4.1 Co-management approaches involving small-scale fisher communities and relevant government agencies will be promoted and supported. 4.2 Small-scale fishers must not be involved with illegal drugs, or any other illegal activities not related to fishery activities.
  • 36. 36 Current Status and Future Work Current Status At the provincial level, the provincial governor, local government agencies and relevant local authorities have approved in principle the recommendations of the small-scale fisher communities. At the national level, the small-scale fisher communities’ recommendations have been formally presented to the Department of Fisheries (DoF), and there is general consensus and an outline plan on securing small-scale fisheries on Koh Chang Island, in the context of the next Fishery Decree, including encouraging and supporting the role of women in Trat Provincial Fishery Committee. However, whilst there is general consensus and an outline plan, implementing such a plan would be in conflict with both the new Fishery Decree and the National Park Act. Therefore, the current status is that the small-scale fisher communities’ recommendations and the outline plan are currently with the DoF and the Department of National Parks (DoNP), who will need to decide what legal provisions can be made to allow the outline plan to be implemented in concrete terms. Apart from provisions to specifically address local circumstances on Koh Chang Island, the small-scale fisher communities are also calling for the controversial article 34 of the new Fishery Decree to be revoked, which would otherwise limit small-scale fishers to operating within 3 nautical miles of the shore. Future Work Based on the current status outlined above, there is a clear need for ongoing advocacy work in order to ensure that appropriate legal provisions are made to allow implementation of the outline plan to secure small-scale fisheries on Koh Chang Island, and to ensure that article 34 of the new Fishery
  • 37. 37 Decree is revoked so that small-scale fishers are not restricted only to the nearshore zone. Sustainable Development Foundation (SDF) is committed to continuing to advocate and campaign on these issues, and this case study document will form an important part of that advocacy process. Beyond this ongoing advocacy work, SDF will continue to work with Koh Chang Island’s women small-scale fishers in the following four areas: • Strengthen the network of small-scale fishers on Koh Chang Island, and more widely in Trat Province and around Trat Bay. • Advocate, promote and support the equitable participation of women small-scale fishers in provincial decision-making bodies, notably the Trat Provincial Fisheries Committee as mandated under the new Fishery Decree. • Strengthen existing linkages and promote further integration between small-scale fisher organizations in Trat Province and the nationwide Thailand Federation of Small-scale Fisher-folk Association (FSF), including associated networks of women small-scale fishers active in the south of Thailand. • Coordinate and collaborate with women activists and gender networks generally in Thailand, in order to advocate for the rights of women small-scale fishers, and promote and support their equitable participation in decision-making bodies pertinent to their lives and livelihoods, whether at the local or national levels.
  • 38. 38 Lessons Learned In this final section, we summarize some of the lessons learned about promoting and strengthening the rights of women small-scale fishers, based on our experiences in implementing this project. These lessons learned are broken down into three categories: gender issues, governance issues and advocacy approaches. Gender Issues Cultural and Social Issues Thai society generally is very patriarchal. The physical and often dangerous nature of small-scale fishery means men often play a dominant role, become the main source of income, and are therefore considered the head of household. These factors can mean that small-scale fisher communities are even more patriarchal than Thai society generally. Women often play a limited role in community life, and tend to be underrepresented in local decision-making bodies. These cultural and social norms have developed and become ingrained over many generations, and are often accepted unquestioningly. Promoting the role of women small-scale fishers requires challenging these norms and promoting more equitable alternatives. Limited Understanding of Fundamental Rights Small-scale fisher communities are some of Thailand's most marginalized communities, partly because they are often small and geographically remote, and partly because commercial fishers dominate policy debates. As a result, small-scale fisher communities often have poor access to information regarding national policies and laws and international conventions and agreements, limiting their knowledge and understanding about their fundamental rights. Given the aforementioned cultural and social norms, within already marginalized small-scale fisher communities, women can often be the group with least access to information, and therefore least knowledge and understanding about their rights. Awareness raising and capacity building are therefore important components when attempting to promote and strengthen the rights of women small-scale fishers. Poverty is an Obstacle to Participation For the poorest small-scale fishers, going out to sea is a daily necessity. Impoverish and indebted, their survival is dependent upon their daily catch, as a source of both food and income. As mentioned elsewhere in this document, small-scale fishers can easily spend 10-12 hours per day at sea, and this does not include time spent preparing fishing gears beforehand, and time spent separating the catch from their nets afterwards. This leaves small-scale fishers with little time to participate in non- essential activities, that is activities not directly related to feeding their families or generating household income. Such poverty, and the accompanying need to fish every day, is a particular problem when it comes to advocacy activities. Often those whose livelihoods are most threatened, the
  • 39. 39 poorest members of the community, are those who are least able to participate in advocacy activities. Ensuring their participation requires special care and attention. Ensuring Equitable Participation Requires Specific Measures One of the keys to promoting and strengthening the rights of women, the poorest families and other marginalized groups is working to ensure equitable participation. Simply by affording opportunities for these groups of people to participate, learn, share and take action, great progress can be made towards protecting their fundamental rights and addressing their needs and concerns. However, ensuring equitable participation of women and other marginalized groups requires us to understand the cultural, social, economic and legal obstacles which have traditionally prevented their engagement. This requires additional effort be applied, and specific measures be put in place. Non-discriminatory Does Not Mean Equitable When it comes to policies and laws, the fact that they are not discriminatory is not sufficient, and does not mean that those policies and laws treat men and women equitably. As mentioned above, a host of cultural, social, economic and legal factors stand in the way of women's equitable participation. Therefore, for policies and laws to be truly equitable, they must specifically and proactively address these various barriers that prevent women from participating on an equal footing with men.
  • 40. 40 Governance Issues Conflicting Legislation To some extent, the problems of Koh Chang Island's small-scale fishers stem from multiple, conflicting, outdated and inappropriate laws. The National Park Act was never designed to cover the case of marine national parks, and so does not adequately take into account small-scale fishery in the nearshore coastal zone. Rights and entitlements in the Fishery Act are disregarded and infringed upon by clauses in the National Park Act. The revised version of the Fishery Act promoted participation and gender equality, but was replaced by the hastily conceived Fishery Decree, removing many promising clauses. And so on. Promising New Fishery Act and Marine Resources Act Over the last year or so Thailand's Fishery Act has been revised and a new Promotion of Marine and Coastal Resource Management Act enacted. Both of these new acts show much promise when it comes to addressing the needs and concerns of small-scale fisher communities. Primarily, this is because they both promote devolution of authority and participation in governance, setting up Provincial Fishery Management Committees and Provincial Marine Resource Management Committees respectively. Although the Fishery Decree has now replaced the revised Fishery Act, undoing some of the good work, the Fishery Decree still mandates the establishment of Provincial Fishery Management Committees.
  • 41. 41 Political Instability and Poor Governance In recent years Thailand has faced much political instability, with tense and violent conflicts between rival political factions, military coups, constitutional reform and periods of authoritarian rule. Normal democratic process has been difficult to maintain, and public participation in national governance has become increasingly limited. In this context of political instability, Thailand's citizens cannot be assured of some of the basic rights, entitlements and freedoms taken for granted in many developed countries, and adherence to principles of good governance is in no way guaranteed. The curtailment of freedom of expression and right to assembly are additional barriers to advocating for the rights of small-scale fishers and other marginalized groups. Advocacy Approaches The Importance of International Frameworks When national policies and laws fail to endorse and protect basic rights, entitlements and freedoms, as is the case currently in Thailand, international frameworks can be very important instruments for informing advocacy efforts and reminding national governments of their internationally agreed obligations. International frameworks help spell out universal standards, educating marginalized groups about their rights and entitlements, and providing globally agreed benchmarks against which the achievement and progress of national governments can be reviewed. They help build confidence among those groups fighting for their rights, and they help mobilize political will within national governments. Encourage Networking to Strengthen Advocacy One of the best ways to strengthen advocacy campaigns is by promoting and supporting networking. There really is strength in numbers. The more marginalized the target group, the greater the benefit derived from networking. For example, small-scale fishers may individually feel unable to compete with the political clout of commercial fishers. But as small-scale fishers begin to network, and realize that across communities, provinces and other administrative boundaries they share common concerns and well aligned ideas, their courage and confidence grows. Women small-scale fishers, often characterized by limited presence in community activities and restricted participation in local decision making, can sometimes feel that advocacy work is beyond their capabilities. But given the chance to come together, share experiences, discuss concerns, access information and embrace new knowledge, their outlook can change significantly, and they can feel emboldened to fight for their rights. Ensuring Formal Representation of Women Small-scale Fishers As mentioned above, it is not sufficient for a law to be non-discriminatory in order to ensure equitable participation. Instead, specific additional measures must be put in place to ensure women can participate on an equal footing with men. Neither the new Fishery Decree nor the existing National Park Act make any special provisions to ensure the participation of women. However, both the Fishery Decree and the Promotion of Marine and Coastal Resources Act call for the establishment of local management mechanisms - the Provincial Fishery Management Committee and the Provincial
  • 42. 42 Marine Resource Management Committee Respectively. By working to influence the composition of such local management mechanisms, it is possible to promote and support the formal representation of women at least at the local level.
  • 43. Annex: Specific Community Recommendations for Specific Fishing Activities Type of Activity Community Recommendation Note Beach Fishing Collecting shellfish Surf clam – allow collection of individuals 3 centimeters or larger Razor clam – allow collection of individuals 1 centimeter or larger Turban shell – allow collection of individuals 3 centimeters or larger Collection allowed throughout the year, in accordance with traditional livelihoods Coastal Fishing Mullet Collection prohibited during spawning season Nets must have mesh sizes of 4 centimeters or larger Monsoon season May to October Koei shrimp Walking and scooping with nets is allowed beyond 1.5 meters from the shore Using a boat and scooping with nets is allowed beyond 3 meters from the shore Only possible during the applicable season, koei shrimp are not present year round Shrimp nets At least 50 to 100 meters from coral reefs Nets must have mesh sizes of 4.2 centimeters in line with national law Shrimp nets are used during both monsoon seasons During the first monsoon, nets will be placed outside Koh Chang Island area During the second monsoon, nets will be placed inside Koh Chang Island area Squid traps At least 500 meters from coral reefs Nets must have mesh sizes of 2.5 inches or larger Small boats cannot venture further out than this, the rough conditions are too dangerous Fish traps At least 10 meters from coral reefs Nets must have mess sizes of 2 inches or larger Not damaging to natural resources Fishing mostly for family subsistence, not considered a main livelihood Reef squid Nets must have mesh sizes of 2.5 inches or larger, they do not damage or impact upon coral reefs Using small boats only in the vicinity of coral reefs Area around Koh Rang Island not fished Indian squid At least 100 meters from the shore Nets must have mesh sizes in line with national law No dynamos / batteries allowed Dynamo / battery squid fishing At least 500 meters from the shore Nets must have mesh sizes of 3.2 centimeters or larger - Crab nets At least 200 meters from the shore Nets must have mesh sizes of 4 inches or larger Strict enforcement required with larger fishing boats Crab traps Nets at the base of the traps must have mesh sizes of 2.5 inches or larger, in line with declaration of Ministry of Agriculture Number of crab traps to be defined in local fishery development plan Crabs carrying eggs outside their shells must be immediately released into the sea Fish nets At least 10 meters from coral reefs Nets must have mesh sizes of 4.7 inches or larger -
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  • 46. Sustainable Development Foundation (SDF) Secretariat Office 86 Soi Ladprao 110 (Sonthiwattana Yeak 2) Ladprao Road Wangthonglang Bangkok 10310 Tel: +66 (0) 2935 3560 - 2 Fax: +66 (0) 2935 2721 E-mail: sdfthai@gmail.com Website: www.sdfthai.org