Member profile
Ms. Shameem Sheik Dastagir
Organization:
ActionAid INternational
Country:
India
I am working on:
Multi country project manager managing India, Nepal and Bangladesh in Strengthening women collectives on unpaid care work and sustainable production processes.
Ms. Shameem Sheik Dastagir
Feed back on VG on fisheries to FAO
5. Consultation and participation This is an excellent suggestion but the challenge is to translate these words in to action. The power dynamics, patriarchal values drive the society and administrative functions at all levels and might lead to tokenistic consultation and participation. It is essential that the guidelines are translated in to local language, manuals in visual forms and simple interactive language developed to be taken to the field. We can also develop cadres of women and youth at the village and district level to facilitate sensitisation and ownership of the process. This process will be sustained by development of critical mass of the deprived, build their capacities to be represented at the decision making forums.
5.8 Normally the processes in such initiatives are opaque and come to light only when things are finalised in many instances, so much so that the communities do not even have fishing rights in their own river. In addition to cadre building, interactive platforms should be promoted at local, national, sub regional and regional level involving all stakeholders for updated knowledge, to generate informed agreements and to improve their bargaining power in interest of the marginalised. The existing platforms should be made functional and expanded to include more people who are directly and adversely hit by these initiatives.
5.13 A bottom up and participatory planning process should be part of all tiers of governance while making annual plans and five year plans. We have rich experience in detailed community processes which have generated excellent partnership with state in many countries.
6.3 The value chain should also be gender sensitive, giving space for women, recognising their contribution in form of unpaid care work, giving scope in reduction and redistribution of their work. This will give way for womens’ active representation and contribution in terms of social, economic and political empowerment. We can give the framework to be practised in the field adapting to different contexts. This is mentioned in section 7.2 but should be reflected here too.
6.9 It is crucial that we need to strategise for engagement of the states despite the voluntary nature of guidelines. Many precious lives are being lost in the war of waters even when they go for their livelihood and survival. The perculation of top level agreements should be passed on at the bottom most rung of officials, as the problems generally occur at the front line due to lack of understanding and right interpretation of agreements.
7.7 For a person involved in small scale fisheries, immediate applicable is the national legislation and agreements with their local state bodies. This should reflected in addition to WTO agreements.
5.9 What is the scope the VG gives in case the national legislations are absent in favour of the marginalised, or lack the needed clause favouring the poor and tokenistic? There is a need for the civil society to develop an approach to influence these legislations positively.
Preface - Where poverty exists in small-scale fishing communities, it is of a multidimensional nature [.]
The multi dimensional is very broad and leads to confusion in reader’s mind. Small scale fishing communities do experience poverty and it is women who are more vulnerable as they are forced to take over and manage the resources for their as well as their families’ survival. We might have to be specific for effective implementation
1.2 [,in a rights based environment,] and placing emphasis on the needs of developing countries [and
for the benefit of vulnerable and marginalized groups].
Are we also emphasising on the accountability of the state and their role in various tiers of governance?
[2.5 These guidelines should be interpreted and applied in accordance with national legal systems and their institutions.]
When the guidelines are voluntary, it is most difficult to pursue the state in the application as they could site end number of reasons. Is it possible that the VGs have a link or tie up with a local element to ensure accountability for vulnerable and marginalised, which the document sresses. Else, the very word voluntary will become a tool of convenience.
4.0 [These [voluntary] Guidelines are to be interpreted and applied in conformity with the relevant rules of international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 UN Convention). Nothing in these Guidelines prejudices the rights, jurisdiction and duties of States under the international law of the sea as reflected in the 1982 UN Convention, noting that reference to UNCLOS does not prejudice the position of any State with respect to signature, ratification or accession to this instrument and its further role. ([These guidelines also make reference to the UN Fish Stock Agreement. References to that agreement do not prejudice the position of any State with respect to signature, ratification or accession to this instrument and its further role.][ References to the 1995 UN Fish Stock agreement in these Guidelines do not imply that this agreement may apply to States that had not expressed their consent to be bound by it.] ]
This clause makes the implementation more difficult. If states have absolute freedom, they might completely ignore the existence of the VG and continue to do what they think is right. In countries with considerable percentage of rule controlled by military (like Myanmar which has 25% seats in government for military reign), it gives very little scope for intervention.
5.4 All parties, in accordance with their legislation, 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. When necessary, in order to protect various forms of legitimate tenure rights, legislation to this effect should be provided.
States should take appropriate measures to identify record and respect legitimate tenure right holders and their rights,[whether formally recorded or not.6]Local norms and practices, as well as customary or otherwise preferential access to fishery resources and land by small-scale fishing communities [including indigenous peoples [and ethnic minorities]],
The VG text is very clear here but the importance is subdued by the elements mentioned earlier in the VG as pointed above.