SMALL SCALE COASTAL COMMUNITIES AND FISHERIES MANAGEMENT IN DECENTRALIZATION SCHEME IN INDONESIA

TRADITIONAL AND SMALL SCALE FISHERS ARE MORE MARGINALIZED DUE TO INDUSTRIALIZATION OF FISHERY SECTOR (MECHANIZATION OF CAPTURE FISHERIES; EXPANSION OF CULTURE FISHERIES) AND OTHER SECTORS TAKING OVER COASTAL LAND, EXPLOITING MARINE AND COASTAL RESOURCES, AND DUMPING VARIOUS WASTES. –Unfair multi-gears conflicts; –Expansion of aquaculture; –Expansion of other industrialization and development (factories, mining, water front cities); –Promoting of marine tourism; –Centralized conservation programs; etc.

National Government Policy For hundred years, the coastal society in Indonesian Archipelago have been perceiving that oceans and seas are open access under common property regimes. Accordingly, the national government also sees its territory waters as “free-for-all” areas under centralized regime.

As a result, many Indonesia’s fishing areas have already over and fully exploited, both by national and international fishing fleets (in Malacca Strait, Makassar Strait, Java Sea, Bali and surroundings). Yet, the national government is still projecting to optimize fisheries sector for export earnings and fullfiling increasing domestic demands of fish products.

The Nine Fisheries Management Areas in Indonesia waters

Decentralization Scheme began in Reform Period in 1999 Opportunities Provides some space for shifting from state-based paradigm into more community-based at the local level. Gives some autonomy to manage and conserve resources, including for MCS (monitoring, controlling and surveillance).

Decentralization Scheme began in Reform Period in 1999 Threats or challenges Creates more pressures in natural resources exploitation, as the local government now bear the burden for earning local income and expenditures. Traditional and customary rights are often being violated to give ways for investors.

The national legal framework in Reform Period concerning community-based fisheries management 1.Law no.22/1999 and Law no.32/2004 on local autonomy/decentralization. Small scale fishers are free to go fishing in all fisheries management areas of Republic of Indonesia. 2. Fisheries Law no.31/2004. Small scale fishers are free to go fishing in all fisheries management areas of Republic of Indonesia.

The national legal framework in Reform Period concerning community-based fisheries management 3. Minister of Marine Affairs and Fisheries Decree no.41/2000 on guideline for small island development. The state recognizes the existence of customary laws and community based resources management in small island. Local people must participate in surveillance activitites. 4. Minister of Marine Affairs and Fisheries Decree no.52/2001 on guideline for community based marine and fisheries surveillance. The state pushes the role of local institution in promoting siswasmas (community surveilllance system). The local government have a compulsory to facilitate people empowerment for surveillance actors.

The national legal framework in Reform Period concerning community-based fisheries management 5. Minister of Marine Affairs and Fisheries Decree no.10/2002 on guideline for integrated coastal management planning. The local people shall be given an access to express their opinion, objection, perception, and suggestion during the process of integrated coastal management planning, and shall be involeved in all stages from preparation, initiation, planning, certification, implementation, and institutionalization process.

Based on Jaring Pela and Telapak experiences working with traditional coastal communities Community responses to assert their rights: Establish a fisherfolks organizations as their forum for smaller fisher groups, and the means for their struggle and advocacy, and continue working in networking with NGOs. Violence resistance in form of open war with industrial fleets on the sea, and burning down big scale boats (mostly trawlers). In some cases they also conduct civil disobedience when they distrust the government for conflict resolution.

Jaring Pela and Telapak experiences (continued) Associated with those rights the responsibilities that the fishing community perceived are: Only use the environmentally friendly and sustainable fishing gears and methods (non- mobile, less engine-powered, not too extractive and non-destructive); Replant mangrove, rehabilitate coral reefs, conserve the environment and natural resources; Spare some regular contribution from the daily catch for community welfare funds.

Our hopes and expectations for national and regional gevernments Acknowledge, respect and protect the rights of traditional/artisanal small-scale fishing communities in this region and all over the world. Move to limit access to local/traditional fishing grounds for bigger industrial scale. The commercial fishing licensing should refer to the carrying capacity of fish resources. Work more seriously to promote genuine co- management in fisheries.

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