A Fishworker Rights and Protection Act on par with Adhivasi's Protection and Rights Act in the Forest.
Our main demand is to have a Fisher’s Rights and Protection Act on par with Adhivasi’s protection and rights act and a long-term evolution of national and state fishing policy by incorporating the traditional rights of fishermen at the national and state level is an urgent need.
RIGHT TO ACCESS TO LAND: We demand the drafting of a ‘Coastal Rights Act’ at par with the ‘Forest Rights Act’ to protect the traditional land-use and customary, indigenous rights of several traditional, small-scale and artisanal fishworkers in India. The Act should comprise the following essential rights that fishworkers’ in India are deprived.
RECOGNITION OF TRADITIONAL KNOWLEDGE: The Act should recognise and protect the traditional ecological and cultural knowledge possessed by fishworkers, which has been passed down through generations and is essential for sustainable fishing practices.
RIGHT TO ACCESS TO RESOURCES: The Act should ensure equitable access to fishing resources, including territorial waters, inland water bodies, and marine ecosystems, for traditional, small-scale, and artisanal fishworkers. This should include measures to prevent encroachment by industrial fishing operations like commercial aquaculture ponds and commercial marine fishing.
LIVELIHOOD PROTECTION THROUGH LAND-RIGHTS: Guarantee the right to a dignified livelihood and their permanent customary coastal land rights for fishworkers by protecting their access to fisheries resources, coastal zones like koliwadas and gaothans and ensuring fair and just working conditions for securing their land, assets and and occupational safety.
ENVIRONMENTAL RESTORATION: The Act must integrate principles of environmental restoration and conservation based on indigenous methods of traditional fishworkers and sustainable fisheries management into the Act to safeguard marine biodiversity and ecosystem health against aggressive coastal land reclamation, for the benefit of present and future generations.
PERMANENT CEASE ON MEGA-COASTAL RECLAMATION: The Act should ensure that no coastal zone, especially beaches, coral reefs, mangroves and sand dunes are concretised on a mass scale to accommodate any project like ports or tourism resorts or even defence structures. Natural coastal land is the only barrier to sea level rise and climate change and it is criminal to permanently destroy any square of natural coastal land in the name of misinformed and poorly planned 'development'.
COMMUNITY PARTICIPATION IN PUBLIC HEARING: Facilitate the active participation of fisher communities in decision-making processes like public hearings related to fisheries management, coastal zone planning. marine spatial planning, restoration and conservation initiatives, and policy formulation at both the national and state levels.
CONFLICT RESOLUTION MECHANISMS: Under the Act, to establish effective mechanisms for resolving conflicts and disputes arising from competing claims over fishing resources or traditional fishing territories by other stakeholder like shipping and port companies, tourism companies and departments, conservation departments like forest department and defence departments, ensuring the fair and equitable resolution of disputes.
PROTECTION OF COASTAL COMMUNITIES FROM CLIMATE CHANGE AND ILLEGAL LAND GRABBING: The Act should address the vulnerabilities faced by coastal communities, including the impacts of climate change, natural hazards and disasters, coastal erosion, and pollution as well as illegal coastal land grabbing, by incorporating provisions for their protection and resilience-building into the Act.
INCLUSIVE DEVELOPMENT THROUGH PUBLIC HEARINGS: The Act must promote inclusive and sustainable development of coastal areas by prioritising the socio-economic needs of fisher communities and the health of the coastal zone by peer-reviewed environment impact assessments (EIA)s for any level of coastal concretisation, ensuring their equitable participation in coastal development projects.
CAPACITY BUILDING AND SKILL DEVELOPMENT SUPPORT: Provide adequate support for capacity building, skill development, and infrastructure development for traditional, small-scale, and artisanal fishworkers to enhance their productivity, resilience, and adaptive capacity. A minimum support price for different types of fish catch could be a welcomed step under the Act.
RECOGNITION OF WOMEN'S RIGHTS AND PROTECTION OF WOMEN FISHWORKERS: The Act must recognise and protect the rights of women fishworkers and their unique contributions in fisheries-related activities, including processing, marketing, and resource management, and ensure gender-sensitive provisions in the Act. An example of this is the pension scheme of about 150 USD to fisherwomen above 70 years started by the National Federation of Fisheries to support the Haenyeo (sea women divers of Jeju Island in South Korea) as part of the administration’s efforts to preserve their livelihood and culture.
ENFORCEMENT AND MONITORING: Strengthen enforcement mechanisms and establish effective monitoring systems to ensure compliance with the provisions of the Act and prevent illegal, unregulated, and unreported fishing activities that threaten the sustainability of fisheries resources.
Setting-Up of a Ministry for Fisheries and Fisheries Development Bank of India.
Though the fisheries is considered as a part and parcel of Agriculture Ministry, the Fishermen are not getting any sort of facility or concession like farmers, such as loan and grants through Co-operative banks, nationalized banks, scheduled banks, government financial institutions like NABARD and even we are not allowed to get Jewel loans by pledging Jewels in order to use the money for repairing the fishing boats, nets and buying other equipment for fishing.
We request that fishermen must be given Loan to develop their occupation at the rate of 4 % pa interest. At the same time it is an open secret that the waiving of loans is provided to the Agriculturist, the Poultries and Dairies which are run by Corporates, Jamindars, Jahirdars and big landlords who have received loan waivers upto the tune of even more than Rs. 50 Lakhs per individual.
All loans availed by fishermen from banks, cooperative societies and other government financial institutions need to support and develop their occupation, such as to purchase boat, net, engine and other auxiliary equipment that should be written off in the event of damages and lossess occurred to them due to natural disasters like cyclones, hurricanes, heavy rains, strong winds, sea erosions, sudden flood in rivers and occasionally Tsunami waves. A separate ministry should be established to ensure that reasonable fund allocation is set apart for the fisheries and fisher community welfare.
A Peer-Review Audit and Halt on the Sagarmala Plan under the Central and State governments.
Of the 8118 k.m. coastline in the country, 42% of the coast has already been washed away and the main cause highlighted is the sudden constructions of unplanned ports / harbors which are documented by reports of National Institute of Port Management (NIPM). It is the need of hour that the fragile and limited coastal lands need to be urgently strengthened through restoration of reclaimed and degraded ecosystems like sand dunes, mangroves, coral reefs and beaches and the urgent focus should be to protect the vulnerable coastline of India.
Conducting a comprehensive assessment, including peer-reviewed Environment Impact Assessments (EIA) on the impact of the Sagarmala plan on present port projects in mainland and island regions of India and the impact on Indian fishworkers in terms of their loss of coastal land to mass-scale reclamation and accelerated man-made erosion and pollution.
Review and Halt Destructive Fishing, Illegal, Unregulated and Unreported (IUU) Fishing and Commercial, Illegal Aquaculture Practices.
Strict Enforcement of Existing Laws: We demand that the government strictly enforce existing laws and regulations related to fishing and aquaculture, particularly those aimed at preventing destructive practices, combating IUU fishing, and regulating illegal aquaculture operations.
We request Enhanced Monitoring and Surveillance and advocate for increased investment in monitoring and surveillance capabilities of the communities itself to effectively monitor fishing activities, detect illegal practices, and ensure compliance with regulations.
Strengthened Penalties for Offenders: We call for the imposition of stronger penalties and sanctions for individuals and companies engaged in destructive fishing, IUU fishing, and illegal aquaculture activities. This should act as a deterrent and help deter future violations.
Compulsory Public Hearings for New Aquaculture Ponds: Strengthening community involvement in Management of new aquaculture farms or new commercial/LED light boat registrations based on existing carrying capacities of the dock and fishing zones. We reiterate the importance of involving fishing communities in the decision-making processes related to potentially destructive and commercial fisheries and aquaculture. Demand greater consultation and participation of fishers in the development of policies and regulations that affect their livelihoods.
Review the The Coastal Aquaculture Authority (Amendment) Bill, 2023 which NFF had sent objections on it’s inadequate and insufficient time for public hearings given to artisanal and small scale fishing communities. Most of the documents about the amendments were online and not available in vernacular languages which made it difficult for the community to share their objections.
Understanding the thorough pre-emptive impacts of mega-aquaculture farms on the health and quality of ground water of different coastal and inland regions.
Revoke CRZ 2019 and Immediate Corrections to Incorrect CSMP Maps.
Given the overwhelming objections to the draft CRZ notifications 2018, we demand a revocation of the Coastal Regulation Zone (CRZ) Notifications 2019. We also demand the halting of CZMP maps being prepared under the 2019 notification.
We demand the immediate corrections to the incorrect Coastal Zone Management Plans (CZMP) based on the 2011 CRZ notifications.
Drop the Draft Marine Fisheries Bill.
This bill has definitely created more ambiguity among fishers rather than clarity in the coastal states. While a law to regulate fishing activities in the Indian EEZ and protect the rights to resources of small-scale fishers is much needed, the manner in which this Bill and its previous versions have been rushed during the pandemic period excludes the fishing communities from consultation and decision making.
The entire drafting process of the IMF Bill 2021 has been non-participatory (no traditional fishers were consulted or included in the drafting process) and the Bill was not even translated in the regional languages. Further, the IMF Bill (English version) was available on the Department of Fisheries’ website for a few days only and suddenly taken down. This unfair process is being followed for previous drafts of the NMF RMB,2019 too. This Bill has been consulted with coastal state MPs before placing the bill in Monsoon session 2021 through an online mode which was known to NFF through the social media. This approach of the Union Government’s Department of Fisheries unveils that it is strategic exclusion and non-recognition of traditional fishing communities. It is essential to develop consultation mechanisms with the fishing community to fine tune and improve the provisions of the Bill.
Drop Coastal Aquaculture Authority Amendment Bill, 2022 and Review the Entire Bill.
The bill proposes to bring in substantial changes to the extant legal regime governing aquaculture farms. The bill also proposes to exclude the applicability of the CRZ Notification, 2011 to aquaculture activities. The proposed changes will have a tremendous and direct negative impact on coastal communities, fisherfolk’s lives and livelihood and the fragile coastal environment, which serves as a habitat for myriad species of protected flora and fauna. It is necessary that such changes be considered only after exhaustive public consultation on the proposed amendments is held and stakeholders and consulted to elicit their opinions and objections.
Extend Monsoon Ban to 90 days.
Extend the existing fishing ban from 61 to 90 days as 90% fish catch are juvenile fish and due to this we are losing our spawning grounds and marine species as during the monsoon the breeding season of nearly 300 species occurs which are affected.
Provide Adequate Compensation under National Disaster Response Fund (NDRF)
The death of fishermen who lost their lives while fishing due to rough weather, thunder, cyclone, hurricane, lightning, heavy rains, storms, flood, Tsunami and sea erosion must be defined and declared as death due to Natural Calamities by the GOI and sufficient monetary assistance in par with the cost of the boat and equipments should be provided to those bereaved families from the State and central governments disaster management fund as a measure of rehabilitation.
No to WTO Agreement on Fisheries Subsidies.
The Agreement on Fisheries Subsidies covers overfished stocks and Illegal, Unreported, Unregulated (IUU) fishing. The special and differential treatment exemption for developing countries such as India is only for 2 years.
First of all, it is critical for India to protect its small fishers who are not responsible for overfishing or the depletion of marine resources. They uphold the tradition of sustainable fishing. In fact, the mandate of SDG 14.6 was to protect fish stocks for small fishers.
But we are dismayed to note that the recent text released on 16th February offers special and differential treatment exemption on their activities only till 12 or 200 Nautical Miles (NTM) and this is until now not been decided. This exemption must extend to 200 NTM.
Small fishers very much go beyond 24 NTM and even beyond 100 NTM. We know that India is fighting to get full exemption for small fishers up to EEZ in the Agreement. We want to get your reassurance that this demand will not be compromised at all in the next Ministerial Conference of the WTO. This is a must have for us, who are already fishing under very precarious conditions. The Agreement will otherwise become a travesty in the name of facilitating sustainable fishing.
Address Climate Change and Sea Level Rise
According to the Ministry Of Earth Sciences (MOES), on average, the sea level along the Indian coast was observed to be rising at a rate of about 1.7 mm/year during the last century (1900-2000). Even small changes in sea level can have a huge impact on the coastline.
A 3 cm sea level rise could cause the sea to intrude inland by about 17 meters. At future rates of 5 cm/decade, this could be 300 meters of land taken by the sea in a century.
The Intergovernmental Panel on Climate Change (IPCC) has been highlighting the current world's alarming exposure to the adverse effects of climate change. Similarly, there are many Indian coastal cities that are at risk to face submersion by 2100.
NASA earlier reported that major Indian cities, including Mumbai and many others, could likely be submerged by the end of the century, prompting concerns about averting this impending disaster. Therefore a comprehensive plan has to be put in place to avert major disasters.
De-Notify Blue Flag Certification Given to Beaches.
We strongly reject the concept of blue flag beaches of Union Ministry for Environment, Forest and Climate Change (MoEF&CC) to declare 12 beach stretch for ‘Blue Flag’ certification, As this certification will privatise the beach and will bring constructions, marinas, casinos, watersports and other related coastal damaging infrastructural activities, which will only deprive the right to livelihood for traditional fisherman and recreational place for the people of India.
Comprehensive Plan to Address Beach Erosion.
The National Centre for Coastal Research(NCCR) had conducted a study that for the last 26 years, India has lost almost 33% of our coastline.
Mr. M. V. Ramana Murthy, Director of National Centre for Coastal Research (NCCR) has in his report has stated that the dredged sediments in port areas are usually dumped in the deep sea and has recommended that the sediments should be dumped along the coast nearby which will help to stop erosion. The dredged material by the port authorities is also dumped in the deep sea. However the same dredged sediments which are essentially sandy could be used for beach nourishment considering that most of our beaches are losing sand, but should be executed only after a thorough scientific study is conducted.
Therefore a proper bathymetry study to find out the exact reason for beach erosion should be conducted and GOI could visit the Puducherry (Pondicherry) State as they have successfully restored their lost beach.
The job of restoring the beach was given to Chennai-based National Institute of Ocean Technology (NIOT) autonomous body under the Ministry of Earth Sciences who had tied up with Singapore-based Sanctuary Beach, a firm with international expertise in beach restoration work. The same could be executed to restore/stop our fast eroding beaches across India.
Maharashtra
Halt the Wadhwan port project and yearly oil spills from Bombay High each year.
To provide traditional fishing communities land rights under CRZ 2011.
Roll back of 2019 CRZ notifications to CRZ 2011 notifications to protect the traditional and customary rights of fishers for their housing and occupation safety.
To include Mumbai's Koli community in the list of Scheduled Tribes, as the present list excludes the Koli community of Mumbai.
Odisha
The traditional sea fishermen in Odisha belong predominantly to the Nolia caste, alongside other communities such as Wadwalij, Jalari, Pali, and Kalashi and have their own unique identity not recognised by any policy or reservation like the Scheduled Castes (SC).
Demand for diesel subsidies to facilitate the acquisition of boats for fishermen.
Call for the withdrawal of the seven-month fishing ban imposed for turtle safety, or alternatively, reducing the restricted area from a 20 km radius to 10 km.
Recognizing the significant contribution of women in fisheries processing along the coastal areas, there is a need for their involvement in savings cum relief schemes.
Tamil Nadu
Establishment: Ramanathapuram District Fishermen's Union was founded in 1999, comprising 119 fishing villages in the district, dedicated to the welfare and rights protection of traditional fishermen.
Organizational Structure: Operates through village branch, taluka, and district levels, with a general committee, executive committee, and management committee.
Affiliation: Member of the National Fishermen's Council since the era of Father Thomas Kocheri.
Advocacy Efforts:
- Advocated against the Setu Samudra project.
- Fought against shrimp farms.
- Opposed granting fishing rights to foreign ships.
- Resistance to the implementation of coastal zone management plans.
- Represented fishermen and fisherwomen across 21 islands in the Gulf of Mannar.
Achievements:
After a 20-year struggle, fisherwomen were issued identity cards for seaweed collection.
- Environmental Concerns: Opposed the construction of the Uppur thermal power station due to potential adverse impacts on fishermen's and farmers' livelihoods.
- Membership and Subscriptions: Currently, the union comprises 18,869 members, with 5,610 individuals paying subscriptions last year.
- Economic Impact of COVID-19: Fisherfolk faced significant income loss post-COVID-19, with leaders continuing their work without external assistance.
Emphasis on Fisheries System Strengthening: Urgency in the robust implementation of fisheries systems at present.
Fishing communities need to be included in Scheduled Tribes.
Tamil Fishworkers' need a complete solution for Indian Tamil fishermen attacked by Srilankan navy.
Andhra Pradesh
Removal of diesel subsidies: This affects the affordability of operations for fisherfolk, impacting their livelihoods.
Promotion of aquaculture: While this can offer economic opportunities, it must be managed sustainably to prevent environmental degradation and ensure equitable access for all stakeholders.
Inadequate access to drinking water: Basic amenities like drinking water remain a challenge for many fishing communities, affecting their health and well-being.
Lack of support for women fishworkers: Women in the industry face specific challenges, including limited access to relief measures, fish distribution, and financial services.
Unregulated tourism development: Uncontrolled tourism growth can disrupt local ecosystems and traditional livelihoods, calling for sustainable management practices.
Implementation of projects without consultation: Initiatives affecting fishing communities should involve their input to ensure alignment with their needs and priorities.
Absence of bank loan facilities: Access to financial services is crucial for investing in equipment, infrastructure, and other necessities for sustaining fishing activities.
Proposed ban on aquaculture projects in Visakhapatnam: Such decisions require careful consideration of environmental impacts, economic implications, and community concerns.
Need for social security measures: Women fishworkers require support systems, including access to loans and other financial instruments, to enhance their economic resilience.
Heightened political commitment: Strong leadership and government support are essential for addressing the challenges faced by fishing communities and implementing effective solutions.
Governmental support for fishing bans: Policies supporting temporary fishing bans can help replenish fish stocks and ensure long-term sustainability, but must be accompanied by measures to mitigate socio-economic impacts on fishing communities.
Demand for market facilities for fish vendor women, cess on fish processing, marketing companies and export industries for fisherfolk welfare, regulation on online marketing.
Karnataka
In state-wise demand: There's a need for solutions to resolve conflicts arising between port limits, port areas, CRZ 1-A regulations, and fishing villages.
According to the CRZ notification, demarcation of traditional fisher's areas is essential to protect their rights.
The rights of the non-mechanized fishery sector on seashores and riverbanks must be safeguarded.
Halt the construction of the Honnavar port project until a comprehensive EIA is conducted.
Conversion of seawalls and Kharland bunds into roads is disturbing fish habitats, nursery grounds of juvenile fishes, intertidal production, and fish breeding areas.
Protection of rights over fish drying areas is imperative to ensure the sustainability of the fishing community.
Kerala
Halt and reverse the coastal reclamation for the Adani-Vizhinjam port project and urgently propose solutions to halt the accelerated sea erosion.
Goa
Halt the illegal coastal zone regulation violations from mega tourism activities and investments from non-goans. and reverse the coastal reclamation by the Mormugao Port Authority (MPA).
Requesting support to scrap the Coastal Economic Zone (CEZ) project in Goa aimed at coal transportation.
Highlighting the destructive impact of proposed projects on Goa's environment, including coal transportation, railway expansion, highway expansion, and power transmission lines.
Emphasizing the importance of Goa's biodiversity and the UNESCO World Heritage status of the Western Ghats.
Mentioning concerns about deforestation, pollution, and threats to wildlife habitats.
Urging intervention to stop the implementation of harmful projects and protect Goa's natural resources.
Seeking support to drop autonomy given to Mormugao Port Trust and oppose expansion plans of berths and jetties.
Opposing the expansion of highways, power transmission lines, and construction of satellite ports.
Demanding the de-notification of six nationalized rivers in Goa.
Expressing confidence in the recipient's leadership to safeguard Goa's environment and well-being.
De-notify The Major Ports Authority Bill, 2021 and declassify MPT jurisdiction and over inland and coastal areas (water).
The Mormugao Port Trust has taken possession of a large chunk of Goa’s land in the Mormugao Taluka. While prior to 1964, MPT had only 6,84,706 square metres of land in its possession, over the years it has taken more and more land and as on date 13,74,757 square metres of land is in its possession with 5,19,563 square metres acquired for it between 1971 and 1985. MPT is definitely not working in the interest of Goa and its people, hence we request your party to denotify the MPT Jurisdiction over inland and coastal water/areas.
Seeking support to drop autonomy given to Mormugao Port Trust and oppose expansion plans of berths and jetties.
Opposing the expansion of highways, power transmission lines, and construction of satellite ports.