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

2. 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

3. 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”

4. 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

5. 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

6. 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

7. 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

8. 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.