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Southeast Asia

Vietnam Fisheries Brace for EU Yellow Card Review

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Vietnamese fishing vessels credit: VNA

The tides wait for no one and each day fisheries, particularly those closest to the shores, are over-fished and harmed by industrialization. For emerging economies like Vietnam, the issuance of a yellow card by the European Union caught the attention of fishers and government officials alike, with a clear warning that the country has not been tackling illegal, unreported and unregulated fishing.

Tran VanLinh, the chairman of the Danang Fisheries, like others, is worried about the industry’s export future. After all, the fisheries sector is a cornerstone of the Vietnamese economy and has contributed to an average growth rate of 7.9 percent. Nevertheless, he understands that the yellow card offers not only a roadmap for the government but also for all people to address long-standing conservation and sustainability issues.

“After receiving the commission’s carding system notice, Vietnam has tried to satisfy all the requirements imposed by the EU. We do need to protect our sea and environment,” claims Linh.

The overall picture in the South China Sea or East Sea as Vietnam refers to this body of water, is grim. Total fish stocks have been depleted by 70-95 percent since the 1950s, and catch rates have declined by 70 percent over the last 20 years. Giant clam harvesting, dredging, and artificial island building in recent years severely damaged or destroyed over 160 square kilometers, or about 40,000 acres, of coral reefs, which were already declining by 16 percent per decade.

Challenges around food security and renewable fish resources are fast becoming a hardscrabble reality for more than just fishermen. With dwindling fisheries in the region’s coastal areas, fishing state subsidies, overlapping EEZ claims, and mega-commercial fishing trawlers competing in a multi-billion-dollar industry, fish are now the backbone in this sea of troubles.

Meanwhile, Vietnam’s fisheries employ more than 4.5 million people and the nation is ranked as the world’s fourth largest exporter of fish commodities after China, Norway and Thailand. In 2016, the country’s seafood products were exported to 160 countries and territories with the three major markets of the US (20.6%), EU (17.3%), and Japan (15.7%). Vietnam is currently the largest tra fish supplier and fourth biggest shrimp exporter in the world.

There’s even greater pressure placed on fishermen to meet Vietnam’s ambitious seafood sector target of earning 10 billion USD from exports this year, up 10 percent from 2018.  According to the Vietnamese Association of Seafood Exporters and Producers (VASEP), the goal can be achieved largely from $4.2 billion from shrimp exports, $2.3 billion from tra fish exports, and some $3.5 billion from other seafood shipments.

Meanwhile, coastal fish stocks have become either fully exploited or overfished. As a consequence, the South China Sea is considered Vietnam’s vital fishing ground.

With a delegation of the EU’s Directorate of Maritime Affairs and Fisheries expected to arrive at the end of May, Vietnam is urgently adopting measures to convince inspectors that they have smartly corrected their fishery conservation course.

 “The Danang Fishery Department has implemented numerous educational programs to teach fishermen about the new laws and to train them about the EU requirements,” adds Linh, a respected industry leader.

From Hai Phong, Da Nang, LySon, Phu Quoc and Vung Tau, more fisheries are attempting to reign in bad practices and reach towards modernization, eliminating the destructive fishing practices which affects fishery resources. However, more work is still required to revise their legal framework to insure compliance with international and regional rules, to increase the traceability of its seafood products, and to strengthen the implementation of its conservation and management of fisheries resources.

Mr. Le Khuon, chairman of the fishery association in An Vinh Village located in Quang Ngai Province and a former fisherman, who has stared down an aggressive Chinese fishing vessel or two near the Paracels, knows the hardships of fishing. “Of course the yellow card does impact on our local fishermen since we export sea cucumbers to the EU.”

Along with others in the area, Ly Son fishermen recognize the importance of marine protected areas since the coastal areas are overfished. “It’s a hard life and I have lost friends to the sea,” claims 42 year-old Tran Phuc Linh, who has also been harassed by the Chinese since he often fishes near disputed historic fishing grounds in the Paracel Islands.

In fact, the fishing incidents continue in the Spratlys, where China’s mega steel hulled vessels regularly intimidate Vietnam’s colorful wooden trawlers. Just two months ago, a fishing trawler moored at Da Loiis land, in the Paracel archipelago was chased by a Chinese Maritime Surveillance vessel before it crashed upon the rocks and sunk without loss of life to crew.

According to analyst and consultant, Carlyle A. Thayer, “the Chinese government, as a matter of policy, employs it commercial fishing fleet as a third arm of its maritime forces after the regular navy and civilian maritime enforcement agencies, now grouped into a national Coast Guard.”

Linh and his wife do not want their two teenage sons to make their living as fishermen. They know the perils at sea from the seasonal typhoons and the threats associated with patrol and interdiction of ships violating mutually agreed upon fishing restrictions.

Sent by their governments to find food for their people, fishers find themselves on the front lines of this new ecological battle. These fishing sentinels and their trawlers are fighting the maritime disputes between China and its neighbors.

This fishing competition for available fish has resulted in increased number of fishing vessel conflicts. These hostile sea encounters have been witnessed in Indonesia waters whereat least 23 fishing boast from Vietnam and Malaysia have been accused of poaching in that nation’s waters.

As a result, Indonesia’s fisheries minister, Susi Pudijastuti, ordered the dynamiting of these boats and over 170 fishing vessels have been sunk in their waters over the past several years. The increasing number of fishing incidents reflects not only deeply different interpretations and application of the law of the sea, but a fundamental conflict of interest between coastal states and maritime powers.

Even with these threatening clouds on the horizon, some fisheries are going about responsibly reigning in illegal fishing. In Da Nang, its 509 fishing trawlers (all longer than 15 metres) have installed with GPS. This includes the seven steel hulled vessels subsidized by the government’s generous loan program.

The mandatory installation of the GPS offers more assurance in the identification of catch origins and it also helps that more fishermen are also completing and submitting the required fishing diary or logbook.

Meanwhile, the government insists that statistics on fishing vessels, fishing logs and fishing yields of each commercial trawler are now part of a Vietnam Fish Base, a nationwide fishery software database in accordance with the law.

Within the disputed territory, there are over 1.9 billion people, seventy-five percent of them living within one hundred kilometers of the coast. Nearly eighty-five percent of the world’s fishers are concentrated in Asia, particularly in the South China Sea, according to the Food and Agriculture Organization of the United Nations.

Subsequently, fishing remains a politically sensitive and emotionally charged national security issue for all claimant nations. This ocean plundering presents the region with a looming food crisis. Any effort to balance the economic benefits with the security context within the South China Sea will require a coordinated, multi-level response from scientists, historically engaged in collaborative research and already addressing issues of sustained productivity and environmental security in the region.

It’s a prevailing view that the collapse of fisheries is the major driver of competition for marine resources. This continues to result in a lack of respect among claimants for mutually agreed-upon fishery restrictions within 12 nautical miles of outposts and in the recognition of management area within 200 nautical miles of coastline. Last year 86 Vietnamese fishing boats were destroyed by Indonesia for illegally catching fish in its waters.

However, senior Vietnamese officials are confident that these violations are now being eliminated, if not sharply reduced.

“ Because local governments and relevant agencies such as the Coastguard, and Border guard are conducting more surveillance and enacting stern measures in monitoring and investigating; fishing violations are reduced,” claims Nguyen Manh Dong, Director General of the Department of Maritime Affairs, and National Boundary Commission.

He’s quick to add that while the EU’s requirements have been fulfilled including port control, some cases still happen, particularly with Indonesia.

To offer additional counter-balance, Vietnam’s Fisheries Resources Surveillance Department has stated that it is working to raise awareness of maritime boundaries and international maritime laws among its fishermen, apart from conducting frequent patrols to prevent potential violations

The complicated nature of the Vietnam’s East Sea or the South China Sea (SCS) disputes, makes short term resolution of fishing disputes difficult. More parties, believe that proper management of these disputes to insure stability  becomes a priority.

“Vietnam will never tolerate or permit activities related to illegal, unreported and unregulated (IUU) fishing,” adds Deputy Minister of Agriculture and Rural Development (MARD) Vu Van Tam.

For example, Binh Dinh province is adopting necessary measures to remove the “yellow card” status. All local fishing boats are required to obtain certificates of registration, inviting local authorities to review design documents, supervise the building, improvement and repairing of fishing vessels.

Among policy shapers, and marine scientists, there’s a general consensus that the best approach for managing SCS disputes and addressing IUU issues is to set aside the sovereignty disputes and jointly develop and manage the natural resources, such as fisheries. While advancing fisheries cooperation in the SCS has been increasingly recognized as a political, ecological, socio-economic and security imperative, a crucial question remains unanswered. What objective can be achieved through fisheries cooperation in the SCS?

Marine biologists like Professor Nguyen Chu Hoi advocate the creation of ecosystem- based fishery zones covering reefs that are vital to regional fish stocks, especially in the Spratlys and Paracels. This action requires the adoption of an urgent cooperative marine management system, regardless of the location of their territorial and maritime claims.

While the growing demand for fish by global markets can fray even the strongest fisher’s net, the challenge for Vietnam is the imperative for management of its declining fisheries in order to create long-term sustainability. The protection of the “commons” requires more than a pass fail report card from the EU.

James Borton is an independent journalist, a former non-resident fellow at the Stimson Center, and founding member of the Environmental Peacebuilding Association based in Washington D.C. He is the editor of “Islands and Rocks in the South China Sea: Post Hague Ruling” and “The South China Sea: Challenges and Promises.”

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Southeast Asia

Learning to build a community from a ”Solok Literacy Community”in the West Sumatra

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Established on September 21, 2020 in Solok City, West Sumatra Province, Indonesia. Solok Literacy Community initiated by the young people of Solok City has grown rapidly into a community that has its own trendsetter among young people. Bringing narratives smelling of education, The Literacy Solok Community has a movement with measurable progressiveness that can be seen from its flagship programs.

Starting from the free reading stall movement that has been moving in various corners of Solok City over the past few months. The concept of film surgery that provides proactive discussion space for all segmentation in society. “Diskusi Ngopi” activities which in fact is the concept of FGD (Focus Group Discussion), run with interesting themes and issues so that it can be considered as one of the favorite programs that are often attended by many young people in Solok. Then a class of interests and talents aimed at reactivating the soft skills and great talents of the children of Solok City.

Solok Literacy Community has a long-term goal of making Solok City as a Literacy City in 2025. With these noble targets, of course we together need small steps in the form of programs that run consistently over time. Because after all, a long journey will always begin with small steps in the process of achieving it.

Many appreciations and positive impressions from the surrounding community continue to be received by the Solok Literacy Community. This is certainly a big responsibility for the Solok Literacy Community to continue to commit to grounding literacy in Solok City. Solok Literacy Community activities can be checked directly through instagram social media accounts @solok_literasi. Carrying the tagline #penetrategloomy or penetrating the gloom and #lawanpembodohan, members of the Solok Literacy Community or better known as Soliters, will always make innovative breakthroughs in completing the goal of making Solok City 2025 as a Literacy City.

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Southeast Asia

Indonesia Submit Extended Continental Shelf Proposal Amidst Pandemic: Why now is important?

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Authors: Aristyo Rizka Darmawan and Arie Afriansyah*

Indonesia’s active cases of coronavirus have been getting more worrying with more than 100.000 active cases. With nearly a year of pandemic, Indonesia’s not only facing a serious health crisis but also an economic catastrophe. People lose their jobs and GDP expected to shrink by 1.5 percent. Jakarta government therefore should work hard to anticipate the worst condition in 2021.

With this serious economic threat, Indonesia surely has to explore maximize its maritime geographic potential to pass this economic crisis and gain more national revenue to recover from the impact of the pandemic. And there where the Extended Continental Shelf submission should play an important role.

Recently this week, Indonesia submit a second proposal for the extended continental shelf in the southwest of the island of Sumatra to the United Nations Commission on the Limit of the Continental Shelf (CLCS). Continental shelf is that part of the seabed over which a coastal State exercises sovereign rights concerning the exploration and exploitation of natural resources including oil and gas deposits as well as other minerals and biological resources.

Therefore, this article argues that now is the right time for Indonesia to maximize its Continental Shelf claim under the law of the sea convention for at least three reasons.

First, one could not underestimate the economic potential of the Continental Shelf, since the US Truman Proclamation in 1945, countries have been aware of the economic potential from the oil and gas exploration in the continental shelf.

By being able to explore and exploit natural resources in the strategic continental shelf, at least Indonesia will gain more revenue to recover the economy. Even though indeed the oil and gas business is also hit by the pandemic, however, Indonesia’s extended continental shelf area might give a future potentials area for exploitation in long term. Therefore, it will help Indonesia prepare a long-term economic strategy to recover from the pandemic. After Indonesia can prove that there is a natural prolongation of the continental shelf.

Second, as the Indo-Pacific region is getting more significant in world affairs, it is strategic for Indonesia to have a more strategic presence in the region. This will make Indonesia not only an object of the geopolitical competition to utilize resources in the region, but also a player in getting the economic potential of the region.

And third, it is also showing that President Joko Widodo’s global maritime fulcrum agenda is not yet to perish. Even though in his second term of administration global maritime fulcrum has nearly never been discussed, this momentum could be a good time to prove that Indonesia are still committed to the Global maritime fulcrum by enhancing more maritime diplomacy.

Though this is not the first time Indonesia submit an extended Continental Shelf proposal to the CLCS, this time it is more likely to be accepted by the commission. Not to mention the geographical elements of natural prolongation of the continental shelf that has to be proved by geologist.

The fact that Indonesia has no maritime border with any neighboring states in the Southwest of Sumatra. Therefore, unlike Malaysia’s extended continental shelf proposal in the South China Sea that provoke many political responses from many states, it is less likely that Indonesia extended continental shelf proposal will raise protest from any states.

However, the most important thing to realize the potential benefit of the extended continental shelf as discussed earlier, Indonesia should have a strategy and road map how what to do after Indonesia gets the extended continental shelf.

*Arie Afriansyah is a Senior Lecturer in international law and Chairman of the Center for Sustainable Ocean Policy at University of Indonesia.

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Southeast Asia

The China factor in India’s recent engagement with Vietnam

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Photo courtesy - PTI

In its fourth year since the elevation of ties to a Comprehensive Strategic Partnership, December 2020 witnessed an enhanced cooperation between New Delhi and Hanoi, ranging from humanitarian assistance and disaster relief to defence and maritime cooperation, amid common concerns about China.

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In an effort to boost defence cooperation, the navies of India and Vietnam conducted atwo-day passage exercise (Passex) in the South China Sea on December 26 and 27, 2020, reinforcing interoperability and jointness in the maritime sphere. Two days before this exercise has begun, an Indian naval ship arrived at Nha Rong Port in Ho Chi Minh City to offer humanitarian assistance for the flood-affected parts of Central Vietnam.

Before this, in the same week, during a virtual summit between Indian Prime Minister Narendra Modi and his Vietnamese counterpart Nguyen Xuan Phuc on December 21, both countries inked seven agreements on miscellaneous areas of cooperation and jointly unveiled a vision and plan of action for the future, as both countries encounter the common Chinese threat in their respective neighbourhoods.

Vietnam’s disputes with China

India’s bone of contention with China ranges from the Himalayas to the Indian Ocean. Both Vietnam and India share territorial borders with China. Well, it seems odd that despite its common socialistic political backgrounds, China and Vietnam remains largely hostile. 

Having a 3,260 km coastline, covering much of the western part of South China Sea, Vietnam’s exclusive economic zone (EEZ) overlaps with Chinese claims based on the legally invalid and vaguely defined Nine-Dash Line concept, unacceptable for all the other countries in the region, including Vietnam, Philippines, Malaysia, and Brunei.

In 2016, China lost a case brought out by the Philippines at the Permanent Court of Arbitration based in The Hague when the court ruled that Beijing’s had no legal basis to claim ‘historic rights’ as per the nine-dash line. China rejected the ruling and continued to build artificial islands in the South China Sea, which it has been doing since 2013, some of them later militarized to gain favourable strategic footholds in the sea and the entire region.

The Paracel and the Spratly Islands in the South China Sea has been historically considered part of Vietnam. The Geneva Accords of 1954, which ended the First Indochina War, gave the erstwhile South Vietnam control of territories south of the 17th Parallel, which included these island groups. But, China lays claims on all of these islands and occupies some of them, leading to an ongoing dispute with Vietnam.

China and Vietnam also fought a border war from 1979 to 1990. But today, the disputes largely remain in the maritime sphere, in the South China Sea.

China’s eyes on the Indian Ocean

The Indian Ocean has been long regarded as India’s sphere of influence. But with the Belt and Road Initiative, a trillion-dollar megaproject proposed by Chinese President Xi Jinping in 2013, and the Maritime Silk Road connecting three continents, which is part of it, China has grand ambitions in the Indian Ocean. Theories such as ‘String of Pearls’ shed light on an overambitious Beijing, whichattempts to encircle India with ports and bases operating under its control.

China has also opened a military base in Djibouti, overlooking the Indian Ocean, in 2017 and it has also gained control of the strategic port of Hambantota in the southern tip of the island of Sri Lanka, the same year.

Chinese presence in Gwadar in Pakistan, where the Maritime Silk Route meets the land route of BRI, is also a matter of concern for India. Moreover, the land route passes through the disputed Gilgit-Baltistan region, which is under Pakistani control, but is also claimed by India.  China has also been developing partnerships with Bangladesh and Myanmar to gain access to its ports in the Bay of Bengal.

Notwithstanding all this, India’s response has been robust and proactive. The Indian Navy has been building partnership with all the littoral states and small island states such as Mauritius and Seychelles to counter the Chinese threat.

India has also been engaged in humanitarian and developmental assistance in the Indian Ocean region, even much before the pandemic, to build mutual trust and cooperation among these countries. Last month, India’s National Security Adviser Ajit Doval visited Sri Lanka to revive a trilateral maritime security dialogue with India’s two most important South Asian maritime neighbours, the islands of Sri Lanka and the Maldives.

Foe’s foe is friend

The Indian Navy holding a Passex with Vietnam in the South China Sea, which is China’s backyard, is a clear message to Beijing. This means, if China ups the ante in the Indian Ocean or in the Tibetan border along the Himalayas, India will intensify its joint exercises and defence cooperation with Vietnam.

A permanent Indian presence in the South China Sea is something which Beijing’s never wish to see materialise in the new future. So, India’s engagement with Vietnam, which has a long coast in this sea, is a serious matter of concern for Beijing.

During this month’s virtual summit, Prime Minister Modi has also reiterated that Vietnam is a key partner of India in its Indo-Pacific vision, a term that Beijing vehemently opposes and considers as a containment strategy against its rise led by the United States.

Milestones in India-Vietnam ties – a quick look-back

There was a time when India supported Vietnam’s independence from France, and had opposed US-initiated war in the Southeast Asian country in the latter half of the previous century. Later, India hailed there-unification of North and South Vietnams.

Even though India maintained consulate-level relations with the then North and South Vietnams before the re-unification, it was elevated to ambassadorial level in 1972, thereby establishing full diplomatic ties that year.

During the Vietnam War, India supported the North, despite being a non-communist country, but without forging open hostilities with the South. Today, India partners with both France and the United States, Vietnam’s former colonizers, in its Indo-Pacific vision, comfortably along with Vietnam as geopolitical dynamics witnessed a sea change in the past few years and decades.

Way ahead

Today, these two civilizational states, sharing religio-cultural links dating many centuries back, is coming together again to ensure a favourable balance of power in Asia. Being a key part of India’s ‘Act East’ policy and ‘Quad Plus’ conceptualisation, Vietnam’s role is poised to increase in the years to come as China continues to project its power in Asia and beyond.

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