SADC Protocol on Fisheries Portfolio Committee on Environment 25 March 2003 Department of Environmental Affairs and Tourism

Background Community building Workshop Heads of State sign Protocol Windhoek – Feb 1997 Heads of State sign Protocol Malawi – 14 August 2001 Justice Ministers - Legal Review Draft Protocol Ministers Meeting Mozambique May 2001 Regional Workshop Lusaka – April 2000 26th Technical meeting Mauritius April 2001 Ministers Meeting Luanda – May 2000 Legal & Fisheries Experts Swakopmund - Aug 2000

Objectives of the Protocol “to promote responsible and sustainable use of the living aquatic resources and ecosystems of interest to State Parties in order to promote and enhance food security and human health, safeguard the livelihood of fishing communities, generate economic opportunities for nationals in the region, ensure that future generations benefit from these renewable resources and alleviate poverty with the ultimate objective of its eradication”

Provisions of the Protocol international relations management of shared resources harmonisation of legislation law enforcement access agreements high seas fishing artisanal, subsistence and small-scale commercial fisheries aquaculture protection of the aquatic environment human resources development trade and investment science and technology information exchange

Advantages of Ratification Harmonisation of policies and legislation pertaining to fisheries & the aquatic environment – improved fisheries management Enhancement of ability to manage living marine and aquatic resources - unsustainable activities in region Opportunities for development of common positions on common & transboundary issues South Africa would demonstrate its commitment to regional co-operation & economic integration - sub-regional & regional level - NEPAD

Advantages of Ratification ·        Participation in monitoring, control and surveillance of fish stocks - regional level - stocks that straddle across boundaries Joint negotiation - access of foreign fishing within the region / sub-region - control of non-SADC flag fishing vessels Opportunities: access to resources (SADC region) -joint ventures Access to financial resources from foreign sources for projects ;·        Opportunity for exchange of scientific and technical information Opportunity to jointly address the issue of poverty & ensuring food & economic security

Concerns of Ratification Dispute resolution clause in Article 23 of the Protocol - did not recognise competence of United Nations Convention on the Law of the Sea (UNCLOS) Tribunal - posed potential conflict with UNCLOS (SA – Party to UNCLOS). Concern was supported by Namibia Meeting of Ministers of Justice - no conflict with UNCLOS.   Legal opinion - Chief State Law Advisors (DFA) indicated opinion of Ministers’ of Justice was not entirely correct. This in effect means that Member States now have to go to the SADC Tribunal before they can utilise the UNCLOS regime

Concerns of Ratification South Africa raised this concern and requested that its understanding of this clause be recorded as part of the travaux preparatoire of the Protocol to protect South Africa’s rights and obligations in terms of UNCLOS which means that the Protocol does not derogate from the rights and obligations of Member States in terms of international law, including UNCLOS.