In the assembly this week

This week the Assembly debated on a motion presented by the Leader of Government Business which called on the Assembly to approve the ratification of the “Southern Indian Ocean Fisheries Agreement” (SIOFA). We published below the intervention of Hon. Frank Elizabeth (DP) on the motion.

Mr. Speaker, the root of the Southern Indian Ocean Fisheries Agreement firmly lies with the United Nations Convention on the Law of the Sea or UNCLOS as it is commonly known. UNCLOS was passed in 1982 and even if Seychelles was one of the first countries to sign the Convention, it was not until 1991 that our country ratified the Convention, almost 10 years after signature. Today I am pleased to see that this agreement is before the Assembly for ratification barely one year after signature.

Mr. Speaker on the 12th July 2006 FAO organized a multilateral talk at its Headquarters in Rome, Italy and after two days of discussion, six countries, including Comoros, France, Kenya, Mozambique, New Zealand, and Seychelles as well as the European Community signed a multilateral agreement on the management of fisheries on the High Seas, an area which falls outside the Exclusive Economic Zone of the member states. In other words, outside the 200 nautical miles from the baseline which represents 1.3 million square kilometer of the west coast of the Indian Ocean.

Mr. Speaker the United Nations Convention on the Law of the Sea established a legal regime under which coastal states has the exclusive legal right to exploit their marine resources and recognized the rights of these countries to have an Exclusive Economic Zone within which only the national of those countries has the right to fish and exploit the marine resources. The Southern Indian Ocean Fisheries Agreement, in contrast, establishes a new and second regime on the high seas. A lot of us may perhaps be wondering what the aim of this agreement is and how Seychelles will benefit from it?

Mr. Speaker the Southern Indian Ocean Fisheries Agreement is aimed at safeguarding the long term conservation and sustainability of our marine resources, excluding tuna, in areas which fall outside the jurisdiction of those countries which have ratified the agreement. Under the agreement member states must take action to:

1. Establish effective mechanisms to monitor fishing in the SIOFA;

2. Provide annual reports on fishing operations, including amounts of captured and discarded fish;

3. Conduct inspections of ships visiting ports of the Parties to verify they are in compliance with SIOFA regulations, and denying landing and discharging privileges to those who do not comply.

Other joint actions include undertaking regular studies of the state of fish stocks and the impact of fishing on the environment, implementing joint management and conservation measures, and establishing rules for member countries to decide which operators are allowed to fish in the SIOFA area. At the meeting a representative of the FAO’s Fisheries Department noted the importance of this Agreement as a major step forward in the process of establishing new regional fisheries management organizations or arrangements to cover areas of the high seas where no such organization or arrangement currently exists. The member states will also join the existing network of fishery commissions already established in the region, including the Indian Ocean Tuna Commission, and will cooperate with these bodies. Mr. Speaker, FAO also stated that it is hoped that other countries will soon join the Agreement, either by signature or accession. The agreement will enter into force once FAO, which is its legal depositary, receives the fourth instrument of ratification, including at least two from coastal states.

The FAO added that it is fully committed to supporting the implementation of the Agreement, although in the end its success or failure will depend mainly upon the efforts of the Parties to the Agreement combined with those of all other relevant stakeholders. Mr. Speaker I believe that the fishing industry has a very important role to play to guarantee responsible fishing which is essential especially when fishing is concentrated on the high seas and outside the jurisdiction of the member states. Mr. Speaker, in recent years there has been a marked increase in catches, including those of non tuna species which are caught at considerable depths. The issue of deep-sea fisheries has thus raised concern among the international community and was addressed by the FAO Committee on Fisheries at its last session in 2005.

Mr. Speaker, even if I see certain deficiencies in the agreement especially where surveillance is concerned in that a small country like Seychelles with two or three Coastguard ships and the high cost of diesel, will find it almost impossible to police all our waters, let alone the high seas. How can Seychelles then assist in policing the high seas which is a vast area falling outside the exclusive economic zone of our country? It is clear that our country does not have the capacity to do this even though it could, perhaps, implement the other aspects of the agreement. Mr. Speaker it is a known fact that Seychelles loses millions of dollars each year as a result of poaching by foreign fishing vessels which engage in illegal fishing in our Exclusive Economic Zone without the necessary fishing licences This also applies to other small island states in the region.

But despite that Mr. Speaker I still believe that the management, conservation and exploitation of our marine resources has to be done in a most responsible manner to guarantee its sustainability for future generation. For the reasons which I have cited I will support the ratification of this agreement to enable Seychelles to have the honour to become one of the two coastal states to submit its ratification document with FAO to give this agreement it’s validity in the least possible delay. Mr. Speaker, I support the motion.