Against this background, the General
Body of the NFF met in Arjappally, Ganjam DT. Orissa and drew up the
following Charter of Demands to bring about a true development of
the fishing communities in India.
***
We realize that unless the fishing
community as a whole and those responsible for the Tenth Five Year
Plan address all these Demands together, there cannot be a true DEVELOPMENT.
Let us now deal with them one
by one. They are not listed in the order of priority. Each and every
demand has to be taken seriously. And all of them need to be considered
cumulatively.
1. Implement Twenty One Recommendations
of the Murari Committee.
The Murari High Power Committee
was composed of forty onr members. Out of them, seventeen were Members
of Parliament belonging to all the political parties, Secretaries
of Ministry of Agriculture, Ministry of Food Processing Industries,
Ministry of Defense, Director of Department of Ocean Development,
Director general of Shipping, Chairman of MPEDA, Dy. Director General
of ICAR, Senior Scientists of CMFRI, Fisheries Directors of Gujarat,
Maharashtra, Karnataka, Kerala, Tamilnadu, Andhra Pradesh, Orissa,
West Bengal, six persons representing Fishing Industries and Director
General of FSI (Secretary) Murari as Chairperson.
When all forty one members representing
different cross sections of India, agreed on the twenty one recommendations,
they did express the voice of India. The Cabinet accepted the recommendations
of Murari High Power Committee on 27 September 1997. The deep-sea
fishing was under the Ministry of Food Processing Industries (MFPI).
A small committee selected by the MFPI assisted this ministry. We
were working in close collaboration. Our first decision was to bring
the Deep Sea Fishing under the Ministry of Animal Husbandry. Once
it was transferred, the bureaucrats of the Ministry of Agriculture
stopped calling the Small Committee in spite of Mr.Chaturnan Misras
ordered to call the small committee. Again we raised the issue during
the NFF agitation in January 2001. Mr. Nitish Kumar agreed to call
the small committee to assist at the implementation of Murari Committee
recommendations, as per the agreement dated 13-1-2001. But again the
bureaucrats did not implement the agreement. Cancellation of licenses
issued to Joint/lease/test fishing vessels by going through the legal
process is the first demand. Already there were many breaches of conditions
and no action was taken in spite of repeated requests by the NFF.
The breaches relate to payment by way of deferred payment by the Indian
companies towards the cost of the vessels, replacement of the vessels,
submission of voyage reports by the Joint Ventures to the Ministry
of Agriculture and Fishery Survey of India. These breaches are enough
for the cancellation of the licenses, but the government was not willing
to take such decisions.
2. "Traditional and small
mechanized sector should be assisted by adequate regular supply of
fuel and by providing HSD and Kerosene and by providing subsidy taking
into account the benefits given to deep sea fishing vessels."
This is the 12th recommendation
of the Murari Committee. During the NFF agitation in January 2001,
Mr. Ram Naik, Minister for Petroleum and Mr. Nitish Kumar, minister
for fisheries agreed, "The agriculture Minister has decided that
the present diesel subsidy would be maintained. The Petroleum Minister
has asked the NFF to give detailed proposals, to ensure effective
distribution of kerosene to fishermen and to ensure that their requirements
are met." The NFF submitted the representation twice. Since there
was no response from the Government, again the NFF went on an agitation.
During that time the Central Government again agreed, but no action
was taken. Mr. Ram Naik was one of the members of Murari Committee
and he played a very significant role in the Murari Committee. If
he does not implement his own decision, who else would? In the light
of steep hike of fuel price, reimbursement of excise duty by the central
government should be done.
3. "In order to conserve fishery resources in our waters,
to protect fishermen and to reduce conflicts in the sea, deep sea
fishing regulations should be enacted by the Parliament after consulting
the fishing community."
This is the 9th recommendation
of Murari Committee. This was the recommendation of Majumdar Committee
also. But instead of Parliament enacting a Marine Fishing Regulation
Act, the Central Government passed the buck to the State Governments.
Quite often constitutional problems are created when State Government
takes the legislation seriously. It is high time that the Ministry
of Agriculture does something in this line. Lack of a comprehensive
marine fishing regulation act in the entire EEZ has been creating
endless problems. The type of mechanized, their areas of operations,
type of gears, uniform monsoon trawl bans, ovefishing gears, overcapacity,
catching of Mother prawns, catching of seed lings by mosquito nets,
all these problems have to be addressed through a comprehensive legislation,
to be enacted by the Parliament.
4. Include women and inland
fisher people in the Saving Cum Relief Scheme and implement the same
in all the coastal states.
The traditional fisher people
who are below poverty line get the benefit from the scheme. The original
notification mentioned that this was meant for the sea going fishermen.
But during the January 2001 agitation, it was agreed upon to include
women and inland fisher people. As per the agreement with the Minister
of Agriculture dated 13 January 2001, d) says "Agriculture Minister
has informed the NFF that it has already formulated a scheme for inland
fish workers and women in Saving-Cum Relief -Scheme." In spite
of this written assurance, this has not yet been implemented anywhere
except West Bengal.
5. Stop ship breaking yards in India, particularly Alang, Gujarat;
Valinokkam, Tamilnadu; and Chirala in Andhra Pradesh.
This is one of the most polluting
industries in the World. Rust and paints destroy fishing grounds and
pollute water. No country in the world wants this kind of pollution.
MNCs make money at the expense of our waters, fishing grounds. The
fisher people will be displaced.
6. Cancel all the licenses
issued to the foreign fishing vessels by the Commerce Ministry.
This is an open violation of Murari
Committee recommendation. It is a violation of the Cabinet decision
as well. The Commerce Ministry claims that this is done as per the
WTO rules. This question was raised before the Trade Minister of European
Union during the WTO meet in Doha. He publicly said that there is
no such WTO rule. Each country is free to make such a choice or not.
The Commerce Ministry did this
going against the decision of the Ministry of Agriculture. Under the
guise of WTO Commerce Ministry can violate the rule of subsidiary,
and autonomy of each ministry. In fact one of the recommendations
of Murari Committee is to bring different functions of Fisheries under
one Ministry. While this process is going on, this act of Commerce
Ministry taking a decision to give licenses to foreign trawlers is
a violation of the Indian Constitution, Murari Committee Recommendations
and the Cabinet decision on the same. We cannot allow this Domination
of Commerce Ministry. Enough is enough. Please correct the situation
as early as possible.
7. Stop Aquaculture Authority
Bill and Stop the review petition by MPEDA.
Both these are going against the
Judgments by Justice Kuldip Singh to demolish all the aquaculture
farms except the traditional and the improved traditional. During
the January 2001 agitation as per the first agreement, "It was
decided that the NFF would through Fr. Kocherry, submit views on the
Aquaculture Bill to ensure that the Supreme Court Judgment on this
subject is adhered to." The review petition has become the biggest
farce. The Review Petitioner MPEDA has submitted the new Environment
Impact study. The violator and petitioner evaluating one's own action
and the court are entertaining the same. Further the Aquaculture Authority
in its report to the Supreme Court states that there is no opposition
to the existing farms. It is interesting to note that after the submission
of the report to the SC, thousands of protest letters went to the
Chief Justice of India, President of India, and Justice Kirpal, who
is entertaining such biased reports.
8. Implement Coastal Regulation
Zone (CRZ) notifications of 1991 after removing all the impediments
for the construction of houses by the fishing communities.
The first decision of National
Coastal Zone Management Authority was to remove all the impediments
to the construction of houses by the fishing communities. This is
not done until today. What is the use of such an authority? It is
totally controlled by the Ministry of Environment and Forest. MOEF
is trying to dilute the CRZ notification by removing thirteen prohibitions
one by one. The tourism lobby is creating havoc through out the coast.
It has to be stopped. Traditional and habitual right over the coast
for fishing communities should be established. Hence the privatizing
of the coast for different reasons should be stopped. Stop sand mining
and removal of sand for commercial purposes. The Environmental Protection
Act of 1986 was meant to protect the environment. It was for this
purpose that the CRZ notification was issued in1991 to protect the
coast, sea and the fishing communities that depend on them. It is
our birthright to see that it is implemented.
9 The use of Islands particularly
Jammu, Chur Saheb, Mausumi and Sagar in West Bengal should be protected
as NON DEVELOPMENT ZONE for the exclusive use of the fishing communities
for fishing and drying fish.
This exclusive right comes under
the CRZ notification as habitual and customary right. The Forest Department
or any other Department should not go against this right of the fisher
people. They should not be allowed to curb this right as long as the
fisher people conduct transient operations and there is no permanent
settlement. These islands and stretches should be handed over to the
Fisheries Department for the management of these islands by the fishing
communities. The example of "KHOTI"(traditional fish landing
centers) Management in Midnapur district in West Bengal may be followed
as a model.
10. Ownership and management
of water bodies and fish resources by the fishing communities that
depend on them for their livelihood.
The Globalization process is displacing
the tribals, the fisher people and the Dalits. All these people can
be displaced through privatization. In order to protect them there
is an urgent need for a legislation that the people who are depending
on these natural resources for their livelihood should own and manage
the water bodies and the fish resources. The common property regime
stops selling and buying of these natural resources. Granting a common
property right to a community of co-owners must be accompanied by
the norms, which are applicable to the individuals who will be given
the rights of access to the resource. The most important of this should
be that those who own fishing crafts should necessarily be at sea
on them. It is only such a collective community of owner-workers who
can exercise both precaution and responsibility with regard to managing
the fishery resource.
11. Lift the ban on "2
Shark and Ray", IX items, "Part IV B-Mollusca 9 items and
"19 Mollusca " XV items.
It was made very clear that the
MOEF has no idea about fishing in India. It is impossible to catch
fish leaving any of these items. Once they are caught, we should throw
out the banned variety, in order to escape the arrest by the police.
Thus the catching of the banned species will continue at the expense
of a national waste, pollution and loss. Total potential yield of
elasmobranches as per Govt. of India is 168000 t per year in India's
EEZ and current catches are only around 70000 t per year, i.e. less
than 50% of the potential. How can species that are landed in such
a large quantities and which have not shown any declining trend so
far, be considered "ENDANGERED OR THREATENED"? As far as
MOLLUSCS are concerned, a large quantity is landed as by catch of
other fishing activities. Good quantities of the seashells are also
obtained when they reach the beaches of Tamilnadu and the living matter
in them is dead. A ban, which effectively disallows the collection
and use of
such material that reaches the shore, makes no sense. It is absurd
that quite often the Central Government takes recourse to Wild Life
Protection Act, instead of having a MARINE FISHING REGULATION IN THE
WHOLE OF EEZ. Let the Wild Life Protection Act be used to protect
the forest and the MARINE FISHING REGULATION IN THE WHOLE OF EEZ protects
life in the waters of the sea.
12. Stop construction of International
Commercial Port in Ummegam, Colachal and Vizhinjam and punish the
murderers of Col. Pratap Save.
Our ruling class is selling out
our waterbeds to the MNCs at the expense of thousands of fisher people,
farmers and other workers. Fishing grounds are destroyed. Valsad District
Panchayat Committee passed a resolution saying that they do not want
a port. 19 grama Panchyats passed resolution that they do not want
a port. Vizhinjam port is going to be created by dredging 700 acres
by reclaiming 700 acres in the sea. In the case of Vellore Citizens'
Welfare Forum Vs Union of India (1996, 5 SCC 647), the SC has agreed
that the concept of 'sustainable development'
has come to be accepted as a viable means by which to eradicate poverty
and improve the quality of human life, while living within the carrying
capacity of the supporting ecosystems. 'Sustainable Development' as
defined by the Brundtland Report' means 'Development that meets the
needs of the present without compromising the ability of the future
generations to meet their own needs."
13. Introduce pension for all
fish workers who are 60 and above. Introduce lump sum grant to all
the students of fisher people.
90% 0f fisher people live below
poverty line. In order to bring about a change we have to have these
welfare measures to protect the community. These are introduced in
KERALA. It has been proved to be of great help.
14. Implement Marine Fishing
Regulation Act in all the coastal states. Uniform Monsoon Trawl Ban,
mesh size regulation, zonal regulations, restriction and regulation
on destructive gears and over fishing gears like purseines.
Though we have MFRA in all the
coastal states, there is no effective infra structures to implement
them. Though the secretary of the Ministry of Agriculture wrote to
all the coastal states asking them to have UNIFORM MONSOON TRAWL BAN,
it is not yet a reality. Also there is a need for stringent law to
punish the violators. Night trawling ban should be implemented in
all the coastal states strictly. Stop collection of seedlings with
mosquito nets and collection of Mother prawns should be banned all
over India. Gujarat has not yet enacted the legislation. The MFRA
can be effectively implemented only if there is an effective infrastructure
and political will.
15. Create Coastal Development
Authority and Inland Coastal Development Authority
in all the states.
It is very important to create
Development Authority for the coast to bring about total development.
We have to protect the coast if at all to develop the coast. It is
through protecting the water bodies that we be able to develop the
people. Both coast and inland are under threat of pollution, reclamation,
and constructions. Implementation of CRZ notification, enactment and
implementation of MFRA in the entire EEZ of India are very important.
The members to this Authority should be elected from the Panchayat,
Municipalities and the coastal population through proportionate representation.
There should not be any ruling class and opposition. Everybody should
be part of the decision making process.
16. Bring about Umbrella Legislation
to create at least minimum economic and
social security to all the unorganized workers in India.
Compulsory registration and issuing
of identity card to 30 crores workers in the unorganized sector. By
creating Tripartite Union Boards, State Boards, Regional Boards, District
Boards, Workers Facilitation Centers, they raise funds through Governments.
The members of the Board will consist of 75% elected from the unorganized
workers coming from Registered Trade Unions and Co-operatives, 15%
coming from Employers and 10% representation from the Governments.
In all these we have to guarantee 50% seats for women.
17. Hand over all the reservoirs
particularly TAWA and BURGI RESERVOIRS to the Cooperatives of the
displaced fisher people.
In the name of DEVELOPMENT the
tribals, the fisher people and the Dalits are displaced and about
50 million of such people are not rehabilitated. We are in the slums
of India. Those who came to India later on become the settlers of
this land and they get all the legal protection from the Indian Constitution
and yet we are pushed into the slums of India, where we have become
a nuisance to the ruling class, administrators!!!! Enough is enough.
Even after the construction of Dams, Ports, Airports, can't we be
given some benefit from such DEVELOPMENT? Tawa and Burgi were such
examples, where MP govt. gave the reservoirs to the cooperatives of
the displaced fisher people. This has angered the bureaucrats and
contractors. Now the government is not renewing the lease to the Displaced
Fisher Peoples Co-operatives. It is a must that this pioneering action
of the MP continues.
18. Liquidate all the cooperatives
of fisher people that are controlled by the Merchants, Money Lenders
and Politicians and create new ones including 100% fisher people both
men and women in every fishing village of India.
The moneylenders, merchants and
politicians exploit the fishing community. Even the very cooperatives
created for the benefit of the fishing community are being taken away.
How long will this go on? Let us put an end to this. We are not going
to allow this anymore. We have to rise up. All our credit facilities
should be handled by the cooperatives. Every fishing family should
be a member in a cooperative. All should actively participate in a
cooperative. There should not be any majority and minority rule. The
cooperative should be managed by proportionate representation. Cooperative
should not be made a stooge in the hands of political parties.
19.Overcapacity of fishing
vessels should be addressed by bringing about a change through legislation
that worker-operators own and manage fishing vessels.
Everybody agrees that catch per
vessel is going down in an alarming manner. There are more fishing
vessels than what we require. How are we going to bring down the number
of vessels? Here we have to take into account those who have more
than one vessel, those who are not owner operator and so on. Here
we have to give importance to those who are owner operators. We have
to keep the profiteers out. This should be implemented through the
above cooperatives of the fisher people. The deep sea going fishing
vessels should be owned by the cooperatives.
20.In order to improve the
credit facilities Grameen Banks should be introduced in all the cooperatives.
Every need of a fishing family
must be handled by the cooperatives. When the cooperatives fail to
meet the need, then the middle people come and take over that particular
function. Credit is always a need. Grameen Banks can meet this.
21.Introduce the Central Self
Employment Scheme to help the fisher women.
This also should be introduced
in all the coastal states through cooperatives to improve the situation
of women.
22. Fix the floor price for
fish.
It is vital that the cooperatives
should introduce auction hole and every fisherman should bring his
catch to the auction hole. Here it is important that the floor price
for fish is fixed.
23. National cooperative policy
has to be thoroughly revised particularly in fisheries sector.
NCDC primarily should help the
traditional fishing communities through cooperatives. The help should
reach the fishing families without any kind of political manipulation.
24. Every fishing family should
have a house and every fishing village should have a proper drinking
water supply, electricity and road connection.
This can be achieved through Development
Authorities and Cooperatives.
25. Education for all in the
fishing village should be guaranteed.
Every fishing village must have
a primary school. And at least one fisheries school should be established
in every coastal block/mandal/taluka of the country within the 10th
Plan Period. Fisheries should be a compulsory subject in all the coastal
schools. All existing schools established, run or managed by the fishing
community, particularly SINDHU SAIKAT BANI NIKETAN at Dadanpatrabar,
Midnapur (East), West Bengal and the likes, must be recognized and
aided by the government.
26. Provide rest place, toilets
and comfort stations in all the fish market in India particularly
in the line of the Fish Markets in MADGOA.
Women are the main section of
workers that are handling fish vending. The fish markets have become
a place where people are forced to come because of there liking to
fish protein. Why cant we all get together and keep the fish
markets keens clean and beautiful? All of us, cooperatives, Trade
Unions and the Governments should come together to build up such beautiful
places, where people love to come. There can be rest rooms, canteens,
and toilets. The women should manage all these.
27. The workers particularly
women in all the Fish Processing Plants should be protected with labor
legislations concerning time, place, and permanency of work, as well
as social and economic security.
MPEDA claims that we are earning
foreign exchange worth 5000 Crores Rupees. But MPEDA is not concerned
about the workers in the processing plants. MPEDA should know that
this foreign exchange is earned at the expense of 100 000 women workers
of India. We are exploited at different contexts, by not paying proper
salary; the contractors exploit us often. We are brought to the processing
plants packed up like sardines, in some railway compartments. We have
no proper place to stay. Our salary is not given to us fully. We have
no guarantee
in our work. We have to stop this exploitation once and for all.
28. Declare all the coastal
states having fish shortage particularly Maharashtra and Karnataka
as fish famine states.
We are going through fish shortage
in all the states. The catch per vessel is going down in an alarming
manner. The cost of production is going up while the return is not
going up. In such a context 90% of fisher people are facing a very
big crisis. Our debt is going up. Here is a context of fish famine.
Once the states are declared famine- states we get the benefit debt
redemption, loan facilities etc. It is a context of struggle. It is
in our Indian Constitution to make debt redemption legislation. Immediate
action should be taken for legislating total debt relief for the fisher
people in India.
29. Stop import of Fish.
Already import of rubber, palm
oil, tea, fruits, etc has destroyed Indian Agriculture. Let this not
happen in Indian Fisheries. The claim of the Commerce ministry is
that only a small quantity is imported for re-export. The beginning
is always like this and afterwards the quantity will go up and then
we will not be able to handle the situation. So please stop this when
it is in the beginning stage.
30. Continue our campaign against
Globalization together with National Alliance of Peoples Movements
(NAPM) that India should quit WTO.
It is a fact that the Globalization
and WTO is taking over all our natural resources and displacing the
fisher people, the tribals, the Dalits
and others through construction of International Ports, Airports,
Dams, and Polluting Industries like, ENRON, METASTRIPS, STERILITE
etc. We must continue our campaign of protest. WTO benefits only the
developed counties. The developing countries get no benefit.
31. Construct and regenerate
mangroves all over the coast to help the breeding and feeding of fishing
grounds and to protect the coast from cyclones and floods.
What we see all around is the
destruction of mangroves. Recently the Maharashtra High Court has
ordered to take away 600 acres of mangrove area given to ESSEL WORLD
by the Maharashtra Government. Instead of regenerating mangroves,
we find destruction of mangroves and construction of sea walls. We
have to start a major peoples campaign against destruction of mangroves
and the regeneration of mangroves all over the country.
32. Stop constructing sanctuaries
particularly at Malwan in Sindhudurg that displace fisher people and
affect fishing.
Malwan Taluka Shramik Machimar
Sangh has been opposing the sanctuary project of the government of
Maharashtra since 1985. The project, if implemented, would cover 29
sq. kms. The project would be implemented taking recourse to the Wild
Life Protection Act, with the result that the fishing activity would
come to a halt. Nearly 12000 active fishermen would be thrown out
of their means of livelihood.
33. Stop winding up of Dahanu
Taluka Environment Protection Authority.
This authority was set up in 1996
as directed by the Supreme Court to protect Dahanu Taluka, a coastal
and agrarian green belt. The Authority is headed by the former Mumbai
High Court Judge, Justice Chandra Shekhar Dharmadhikari and is composed
of scientific experts. The Authority is vested with the power of regulating
development in the eco-fragile zone of Dahanu Taluka. The Authority
has passed orders on a series of issues including the setting up of
a multi berth high-tech port at Wardawan in Dahanu Taluka. It is in
this context the Government of
India is planning to discontinue the Authority. Once the Authority
is wound up, it would pave the way for the Government of Maharashtra
to revive the project of port at Wardwan. Therefore we oppose this
move and we demand retention of Dahanu Tauka Environment Protection
Authority.
34. Introduce sea-safety for
artisanal and small-scale fishermen.
The massive risks involved in
the sea going fishermen are increasing due to cyclones and otherwise.
A regional workshop on sea safety of artisanal and small scale fishermen
was held at Chennai from 8-12 October 2001 under the auspices of the
Bay of Bengal (BOBP) program of FAO, UN, member countries, viz., India,
Bangladesh, Maldives, participated in the Workshop. The NFF was the
only non-govt. mass
based organization that participated in it. At the end of the workshop,
a statement was adopted to bring about sea-safety for the traditional
and small-scale fisher people in this region. In the context of depletion
of fish, decreasing catch, and return, there is a need for collaboration
of Governments and UN bodies.
35. Supply of Icebox to all
the fishing vessels in India.
It is a must that the fish is
to be fresh when there is a big demand. This has to be guaranteed
by the Government. In a context of shortage of fish and increasing
demand, it is important to keep fish fresh.
36. Release innocent fishermen
in different jails of Pakistan, Bangladesh, Sri Lanka, Maldives and
India.
After the partition, fisher people
have suffered a major set back to continue fishing in the same fishing
grounds they used to be. As a result, many innocent fishermen are
caught for one reason or another and they land up in different jails.
This has to come to an end. All the concerned
governments of Sri Lanka, Bangladesh, Pakistan, India and Maldives
should sit together and bring about a permanent settlement to this
issue.
37. Stop dumping Chemical,
toxic waste into the water bodies.
Dumping all waste into the water
bodies is on the increase. This has to be stopped by stringent measures.
Oil exploration is giving us enough damage to the sea and the fishing
grounds.
38. Implement Mandal Commission
Recommendation to make the fisher people into SC/ST category and bring
about separate constituency for fisher people in Parliament, Assembly
and Panchayat elections.
In order to empower the fishing
community at all levels this is very important. We have been demanding
this for a long time.
39. Pay compensation to the
fishermen when they are asked to stop fishing for defense purposes
by Navy and Military.
90% of fisher people are living
below poverty line. Even after working continuously for 365 days,
we find it difficult to survive. When we are asked to stop working
due to missile test, firing practices etc we have every right to get
the compensation.
40. Every state should enact
INLAND FISHING REGULATION ACT.
Pollution and reclamation of water
bodies, and construction are on the increase. Unless theres
a stringent legislation, the water bodies and the fisher people will
not survive. There is a need for such legislation to protect the water
bodies and the fishing communities all over India. Both the Center
and the States should take interest in creating this legislation.
Indian Fisheries Act of 1894 should be part of this legislation.
It should be implemented particularly stopping the usage of Dynamite
Fishing.
41. Stop constructing atomic
energy plants particularly KOODAMKULAM.
Basically atomic energy is destructive.
It is meant for defense purposes. Chernobyl is closed down in Russia.
And they are selling the same technology to us. It is a very risky
and dangerous proposal.
42. Stop privatizing Chilka
Lake
The fishing communities and their
cooperatives should manage Chilka. Every body knows long-standing
struggles of fisher people to protect the Chilika. We sacrificed our
lives for the same. Chilika belongs to us and that right should be
protected.
Harekrishna Debnath N.D.Koli
(Chairperson) (General Secretary)