Prosecutions of Fisheries Violations “A Fresh Approach” Ghana’s Western Region
Hen Mpoano (Our Coast) Initiative Set up in 2009 as a USAID funded Initiative to support the GoG vision of poverty reduction, food security ( fish security ) and biodiversity conservation in coastal areas
G h a n a Western Eastern Command Command
Challenges Identified Low level of awareness of impacts illegal fishing on food security Poor enforcement of fisheries laws Systems not full proof to prosecute offences Anchovy
Interventions Strategies Massive Communication Effort getting stakeholders to understand the issues and the fisheries laws A Fisheries Working Group created and supported to openly discuss issues constituted state and non-state actors endorsed by the Fisheries Ministry suggested the need to tighten fisheries prosecution
Fisheries Working Group GNCFC (2) Ghana Fish Police Processor Service s (2) (1) Facilitator Service Ghana Centres Civil Navy (1) Union (1) Society Non -State State Indust. Actors Trawler Actors s Environ. Assoc.(1 Protection Agency (1) ) Inshore A-G's Fishers Dept (1) Assoc. (1)
Activities of FWG
Improving Fisheries Prosecution Strategies Special Courts (Environmental Courts) Training on the fisheries laws/social and ecological justifications of the laws Identified and defined the roles/challenges of institutions on the prosecution chain Reviewed past and current cases of fisheries infractions, sanctions/penalties Case Studies from other jurisdictions
Gaps in Prosecution State losing majority of Cases From arrest to conviction evidence gathering, Preparation of charge sheet Rights of the offender Preparing for court Preparing witnesses presentation of evidence
Training the Prosecution Chain Circuit Court Judges State Attorneys Judicial Police & Marine Police Units Ghana Navy, Ghana Airforce Fisheries Commission (MCS) Environmental Prot. Agency Leadership of the Fishers Civil Society Hen Mpoano, Friends of the Nation Worldfish
Roadmap… from arrest to conviction Police keeps exhibits Presentation or kept at the Naval of Case to base under security Court Witnesses prepared and ready for court Case presented to the AG’s office by police for advice Culprits are handed over to Statement police for action to and be taken Evidence Collection MCS/Police arrest onshore, Arresting Offenders while Navy/MCS arrest offshore. Culprits informed of their offense & their rights read
Comparative Lessons National Level Fisheries Commission initiated similar process Only one such meeting held No catalyst institution(s) to make follow ups leading to failure… Low motivation or commitment or coordination of institution(s) No focal person (FC or AG’s Dept) monitoring cases or follow ups No concrete records at the FC of arrests to date
Comparative Lessons National Level Defense team/solicitors better prepared judges, prosecutors, witnesses, evidence takers not adequately trained on fisheries matters High rate of unsuccessful prosecution cases fizzle out Offenders prefer out of court settlement easily corrupted System not set up to monitor prosecution poor records ….
Comparative Lessons Western Region 3 reviews of between 2011/2013 Sessions reinforced and closed of gaps along the prosecution chain Prosecution well prepared judges, prosecutors, witnesses, evidence takers, MCS staff of the fisheries commission Improved Communication among actors esp. between the AGs office, MCS, Police and Navy Hen Mpoano acts as the Bonding Agent
Arrests and Prosecution In the Western Command between 2011-2013, 38 arrests made ‘ All Ghanaian Owned Vessels’ (industrial, semi industrial and canoes) Offences Transshipment, Improper logging of records, Fishing without valid license, Use of unapproved gear, Undersize mesh, FAD (light fishing ) Prosecution Success 35 successful prosecutions 1 case pending 2 out of Court Settlement
Out of Court Settlement Meng Xin 5 and Aka Awie Crew 7 Chinese and 20 Ghanaians Arrested by Ghana Navy 24 December 2013 87.5 mT of Fish (USD 100,000 ) 13.8 mT of bycatch (USD 6,500) Offences Caught at 24m depth, Transshipping, Improper filling of log book, Use of chaffers (undersize) on top side of trawl net Liability Vessels accepted liability and opted for out of Court Settlement
Settlement Settlement Panel Head of Fisheries WR, MCS officer, Police Officer, Arresting Officer (Navy), Chief State Attorney Accused Canoe Owner & Rep. of the Vessel Owners (Ghanaian) Fines Canoe - 7,550 USD. Vessel - 191,304 USD Canoe owner has made full payment into the Fisheries Development Fund Vessel owners yet to pay As of 7 February 2014
Thank You Kofi Agbogah Director, Hen Mpoano, Ghana kofi.agbogah@gmail.com www.henmpoano.org
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