On Thursday 23 May 2024, the Long-Distance Advisory Council (LDAC) and CFFA jointly organized a seminar on “Fishing companies with investments and operations in third non-EU countries” which focused on African case studies.
Around 60 people attended in person this seminar, which was hosted at Brot fur die Welt headquarters in Berlin, following the LDAC annual General Assembly. The LDAC assembles stakeholders of both the fishing sector (including catching, processing and marketing sectors, and trade unions), and other groups of interest (environmental and development cooperation NGOs).
This seminar was organized following a recommendation issued in 2015, almost 10 years ago, by the LDAC International Conference on the external dimension of the Common Fisheries Policy, which called for joint fishing ventures to be included and recognized by the CFP: “The EU must promote a dialogue with African countries that fosters the development of a regulatory framework for joint venture (applicable to all vessels of foreign origin), processing and marketing that ensures that joint ventures operate transparently, are not in competition with small-scale fisheries, and contribute to the development objectives of the country concerned.”. The Berlin seminar’s objectives were to “identify key aspects of governance in order to establish a solid framework,” to create an “initial basis for a globally accepted document” that could serve as a guide, and finally to make “a proposal to include and recognize EU fisheries investments in third countries as part of the external dimension of the CFP.”
African stakeholders were well represented during the seminar. Dr. Huyam Salih, Director of the Inter-African Bureau of Animal Resources (AU-IBAR), went through what African countries expect from joint ventures in the fisheries sector. Mr. Mohamed Sadiki, from ATLAFCO (the Ministerial Conference on fisheries cooperation among African States bordering the Atlantic Ocean), mentioned the need for an assessment of impacts, transparency and accountability and compliance with rules for joint ventures. In this regard, they both noted the joint work ATLAFCO and AU started in October where they agreed to devise guidelines for African countries towards negotiating fair, sustainable, and transparent fishing agreements.
Ms. Diénaba Beye, an international law expert, presented the general legal framework for fisheries joint ventures in Africa and explained that most legislation in African countries requires a national of the host country to acquire at least 51% of the vessel's ownership before it can be included in the national register.
African small-scale fisher representatives from several countries also took the floor. The president of Afrifish-net, the Pan-African platform of non-state actors in fisheries, and also president of the African confederation of artisanal fishing organisations (CAOPA), Mr. Gaoussou Gueye, went through the history of joint ventures, explaining how African countries used this to develop their industrial capacity but how it was done with “limited knowledge of ecosystems, of the state of resources or the needs of small-scale fisheries.” For him the precautionary principle has seldom been implemented. Regarding the 51% local ownership rule, for Mr. Gueye, “in most of our countries, this rule is not applied, which leads to the creation of 'front' joint ventures with token share capital.” He questioned the ability of host countries to actually “control these foreign-controlled ships flying its flag.”
Ms. Adama Djaló, vice-president of CAOPA and fish processor from Guinea Bissau, explained the impacts on women fish processors from the competition with these foreign-origin industrial fleets across the West African region, where many resources are over-exploited. “We are seeing more and more industrial fishing vessels, foreign trawlers, coming to fish in our waters. The women never see the fish caught by these vessels.” These vessels compete with artisanal fishers that usually supply women. “With less fish available, women fish processors have to pay higher prices […]. This reduces their profit margins and makes their businesses less viable.”
“In most of our countries, the 51% rule of local ownership is not applied, which leads to the creation of front joint ventures with token share capital. African countries cannot actually control these foreign-owned vessels flying their flag.””
Mr. Babacar Sarr, secretary general of CONIPAS (the interprofessional council of artisanal fishing organisations of Senegal), insisted on the importance to have transparency and consultation of the local fishers when allocating access to vessels of foreign origin. “In Senegal, we have the Consultative Committee for the allocation of fishing licenses, where all stakeholders are represented, including, since recently, a representative from the artisanal sector.” He however deplored that the advices given by this committee were not always followed by the authorities.
In his conclusion, Mr. Gueye, president of Afrifish-net, congratulated Spain for setting an example of transparency and sharing information about its companies with interests in Africa. He recommended that “all European countries with vessels operating in joint ventures in African countries […] should adopt, under the aegis of the European Union, an approach of transparency regarding the beneficial owners of vessels operating under joint ventures.” He further encouraged the development of the regulatory framework, and he added that it “should ensure that joint ventures operate with the utmost transparency, do not contribute to the overexploitation of resources or the destruction of ecosystems, and do not compete with small-scale fisheries.”
The LDAC has committed to continue the debate in the coming months in their working groups settings: “This seminar was a starting point (…). The debate begins today […] with the aim of gradually providing an answer to the questions” the European Union might have. The LDAC also committed to involve its African partners: ATLAFCO, the African Union and Afrifish-net.
Banner photo: Seminar on “Fisheries companies with investments and operations in third non-EU countries”, photo by CFFA.
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