MP SPEAKS | Yesterday, I participated in a Regional Webinar on the Ratification and Implementation of the Provisions of the 2012 Cape Town Agreement for Asia organised by the International Maritime Organization and PEW Research as the executive committee member of the Parliamentarians for Global Action (PGA) and as a Malaysian MP.

Malaysia has the 29th longest coastline in the world, with the Straits of Malacca being one of the busiest sea routes for vessel transport and East Malaysia having some of the best coral reefs in the world. A busy route also opens any nation to illegal, unreported and unregulated (IUU) fishing, illicit smuggling of drugs, small arms and light weapons, as well as human trafficking.

In 2016, Malaysia lost RM6 billion to IUU fishing and in spite of increased enforcement and surveillance, in 2019, we reported losses of RM4.2 billion. Years and years of overfishing, destructive fishing practices and poaching have also led to the decline of fish stock in Malaysia.

Bahiyuddin, a local fisherfolk from Dungun, Terengganu is one of those who have been on the receiving end of this disaster at sea. Obscure border boundaries and maritime territorial disputes have been an ongoing problem for years and thus allowed IUU to flourish in the region as some Malaysian fisherfolk were arrested by Indonesian authorities while still being in Malaysian waters.

Rosilawati, a fisher off Pahang, told Environmental Reporting Collective (ERC) journalists that foreign vessels that enter Malaysian waters destroy coral reefs using illegal trawler nets, which the locals call pukat gading. “Without corals, the seabed becomes bare. It’s like a desert – who or what would want to live in a desert?”

Evading the law

At times, these foreign vessels, often a part of a syndicate, pay up to RM30,000 a month to local fisherfolk so that they can disguise themselves as Malaysian boats and even paint their boats a bright red as how Kelantanese fisherfolk do.

There have also been alleged leaks of intelligence on patrolling and enforcement operations that allow these culprits at sea to flee. Informers lurk around and when they spot an enforcer ship, they alert their bosses.

Transhipment, which is the transfer of fish and sea produce from smaller boats when their storage is full on to larger ships, also known as “logistic ship” or “mothership” with a large refrigerator which will allow the smaller boats to fish boundlessly, is another main enabler of IUU fishing.

While transhipment is illegal and banned in Malaysia, syndicates have found a way around the law and the watchful eyes of our marine patrols by ensuring the transfers take place away from port authorities and on blurred boundary lines.

Human rights violations have also happened on vessels where one transhipment in Thailand led to the deaths of its crew and others suffering from beriberi and malnutrition. As a deterrent in Malaysian waters, the Malaysian Marine Enforcement Agency regularly sinks the boats of those found guilty of IUU fishing.

Like the act of money laundering on land, “fish laundering” happens at sea through the meticulous mixing of fish caught legally with those caught illegally.

The Malaysian Fishery Department told ERC that 80 percent of the over 300 IUU fisherfolk they arrested in 2019 and 2020 were from Vietnam.

While Malaysia continued the battle against Covid-19, fisherfolk faced the negative impact on fisheries and aquaculture food systems as a result of IUU fishing. As front liners at sea, their rights, safety, wellbeing and sustainability must be the most important focus of the government.

Why Malaysia should sign and ratify the Cape Town Agreement (CTA)

As a partner in the Protecting the Oceans Campaign, Parliamentarians for Global Action rightfully states that “the Cape Town Agreement (CTA) is fundamental for addressing fishing vessel safety and protecting the lives of fisherfolk in one of the most dangerous occupations in the world. And its ratification and entry into force will help address IUU fishing, reduce marine litter from international fishing vessels, and limit the number of dangerous long-distance search and rescue callouts to fishing vessels in distress by states’ search and rescue personnel, merchant and naval fleets, and other fishing vessels. Until the CTA enters into force, there are no mandatory global safety regulations for fishing vessels.”

To date, the CTA has been signed by 14 countries – Bulgaria, Croatia, Cuba, Denmark, France, Germany, Iceland, Ireland, Italy, Kiribati, Liberia, Lithuania, Netherlands, Norway, Saint Kitts and Nevis, Spain and Sweden.

How will Malaysia benefit if it signs and ratifies the CTA?

• Mandatory global safety regulations for fishers and vessel

• Vessel and crew included in international maritime regulations

• Provides a level playing field for all participants in the industry

• Safety certifications

• Working condition inspections

However, as Malaysia has not signed and ratified the CTA, it falls into the red list amongst other countries like Vietnam, Thailand, Japan, Taiwan, Canada and others under the Global Tuna Alliance (GTA) and the Tuna Protection Alliance (TUPA) list.

Of course, all international treaties and conventions signed have no legal binding in our country where domestic laws take precedent but instead act as an international instrument, a global standard of best practices to ensure there is also social justice for fisherfolk.

If Malaysia does not ratify the ILO Work in Fishing Convention and the CTA then it acts as a state party that will continue to allow the violations against our fisherfolk.

Although the Malaysian Fisheries Department is currently reviewing the Fisheries Act 1985 to increase fines and jail terms as a deterrent, these fish thieves seem to not care or were affected by it – paying a hefty fine and continuing their dreadful activity seems like a piece of cake.

IMO secretary-general Kitack Lim underscored in an October 2020 statement, “The world has changed due to the Covid-19 pandemic, but this has shown that the ability of fisherfolk to provide sustainably sourced seafood is more important than ever. The safety of fishers and fishing vessels is paramount.”

Malaysia is duty-bound to sign and ratify the Working in Fishing Convention and the CTA to safeguard and protect our fisherfolk as well as our ocean.

KASTHURI PATTO is Batu Kawan MP.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.