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Methodology

The SSF-LEX country profiles were designed to provide useful and easily accessible information regarding international, regional and national policy and legal instruments relevant to small-scale fisheries in individual countries. The SSF-LEX country profiles present this information according to the structure and methodology explained below.

The SSF-LEX country profiles were drafted in English by FAO based on information available on FAOLEX and other relevant sources. Then, the drafts were submitted to national experts, when available, for their review.

The analysis of legislation and policies in the SSF-LEX country profiles reflects information and data as at the date of publication indicated in each profile.

Clarifying the structure and methodology of the SSF-LEX country profiles
  • 1. Introduction
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    Content Sources Disclaimer
    Map of the country For Brazil, Cabo Verde, and Malaysia, maps were developed by Anders Siren
    Narrative: (i) data on the size of the maritime zones, extension of inland water areas, length of continental coastline, and shared main water bodies; (ii) data on employment in small-scale fisheries across the value chain (pre-harvesting, harvesting and post-harvesting); (iii) data on fleet; and (iv) data on both inland and marine production.
    • Data was collected from IHH first, then searched in other sources following this order: FAO Fisheries and Aquaculture Country Profiles; the World Bank data; country official data.
    • Where there were differences between data, priority was given to IHH data or the country official data if recently updated.
    • Where small-scale fisheries disaggregated data was available, this was explicitly indicated in the heading.
    Overview of small-scale fisheries in the country. Same sources as used for the narrative.
  • 2. International instruments and arrangements relevant to small-scale fisheries
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    Paragraph 10.1 of the SSF Guidelines highlights the need for States to ensure policy coherence with regard to a range of issues, including: "national legislation; international human rights law; other international instruments, including those related to indigenous peoples; economic development policies; energy, education, health and rural policies; environmental protection; food security and nutrition policies; labour and employment policies; trade policies; disaster risk management (DRM) and climate change adaptation (CCA) policies; fisheries access arrangements; and other fisheries sector policies, plans, actions and investments in small-scale fishing communities". It also draws special attention to "ensuring gender equity and equality". It is therefore important to understand to which of the relevant international, regional and bilateral instruments and arrangements a country is a party.

    In this section, users will find a list of instruments to which the country is party, which were selected based on their relevance and coverage of the range of issues (fisheries-specific and non-fisheries specific) outlined in the SSF Guidelines

    Content Sources Disclaimer
    International instruments to which a country is party The data was sourced from the list of instruments in the Annex A.1 of the Small-Scale Fisheries Policy and Legal Diagnostic Tool and compared with the information available in FAOLEX and ECOLEX
    Regional and bilateral instruments to which a country is party FAOLEX The data was automatically retrieved from the FAOLEX database
    Regional fishery bodies to which the country is a member or contracting party
  • 3. Constitutional provisions relevant to small-scale fisheries
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    Content Sources Disclaimer
    Narrative: short analysis of the country's constitution or fundamental law with respect to the guiding principles of the SSF Guidelines: human rights and dignity; respect of cultures; non-discrimination; gender equality and equity; equity and equality; consultation and participation; rule of law; transparency; accountability; economic, social and environmental responsibility; holistic and integrated approaches; social responsibility; feasibility and social and economic viability.

    At the end of this narrative, there is a link to the text of the Constitution analysed.

    FAOLEX Not all of the SSF Guidelines guiding principles were found in all the constitutions analysed.
  • 4. Institutional arrangements relevant to small-scale fisheries
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    Paragraph 10.4 of the SSF Guidelines stresses the need for States to establish and "promote the institutional structures and linkages - including local-national-regional-global linkages and networks - necessary for achieving policy-coherence, cross-sectoral collaboration and the implementation of holistic and inclusive ecosystem approaches in the fisheries sector".

    In this section, users will find relevant information regarding the institutional arrangements relevant to small-scale fisheries in the country, specifically the main government institution (or institutions) in charge of small-scale fisheries, as well as their respective mandates.

    Content Sources Disclaimer
    • Narrative: short analysis of the country's main government institution and body in charge of fisheries and small-scale fisheries, with respect to: their mandate; functions; objectives or missions.
    • Institutions relevant to small-scale fisheries (including the government institutions responsible for small-scale fisheries, and other relevant institutions).
    • Legislation relevant to institutional arrangements.
    • FAOLEX
    • Official government institutions websites, when available
  • 5. Definition of small-scale fisheries and related terms in legislation and policies
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    Paragraph 2.4 of the SSF Guidelines "recognize the great diversity of small-scale fisheries and that there is no single, agreed definition of the subsector. Accordingly, the Guidelines do not prescribe a standard definition of small-scale fisheries nor do they prescribe how the Guidelines should be applied in a national context".

    Countries may categorize the fisheries sector into subsectors and provide specific definition for small-scale fisheries, small-scale fishing, small-scale fishing vessel, small-scale fishing community, small-scale fishing gear, or a related term that is associated with small-scale fisheries. These related terms include fisheries that are: subsistence, artisanal, coastal, inland, traditional, local, Indigenous, tribal, community, among others. To identify and understand the legislation and policies relevant to small-scale fisheries, it is fundamental to first understand how the relevant instruments define small-scale fisheries.

    In this section, users will find information on any existing legal definition of terms related to small-scale fisheries pursuant to the main fisheries legislation and policies, where such definitions exist. Certain countries may not have specific definitions of such terms. In this case, the definition of fisheries, fishing, fishing vessel and other relevant generic definitions are relevant, and small-scale fisheries would fall under these generic terms, unless explicitly excluded by the relevant legislation and policies.

    Content Sources Disclaimer
    • Narrative: short analysis of the country's definitions of small-scale fisheries and related terms.
    • Legislation containing the definitions.
    • Fisheries legislation
    • Fisheries policies
    • For countries where the national laws and policies were not officially translated to English, the analysis was based on unofficial translations.
    • The list of legislation was automatically retrieved from FAOLEX database and will be automatically updated according to the FAOLEX database. Users can also send new legislation and policies using this form (include link to form).
  • 6. Fisheries legislation and policies relevant to small-scale fisheries
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    In this section, users will find a brief narrative on the main fisheries legislation and policy in the country, and their relevance to the small-scale fisheries sector.

    Detailed analysis of the fisheries legislation and policy can also be found in section 7 of the country profile. Users need to examine in greater detail the relevant instruments for a deeper understanding of all relevant provisions to small-scale fisheries.

    Content Sources Disclaimer

    6.1 Fisheries legislation

    • Narrative: short analysis of the main primary fisheries legislation, with a focus on provisions relevant to small-scale fisheries.
    • Relevant legislation addressing small-scale fisheries.
    • Other relevant fisheries legislation.

    6.2 Fisheries policy

    • Narrative: short analysis of the main fisheries policy, with a focus on provisions relevant to small-scale fisheries.
    • Relevant policies addressing small-scale fisheries.
    • Other relevant fisheries legislation.
    • Fisheries legislation.
    • Fisheries policies.
    • For countries where the national laws and policies were not officially translated to English, the analysis was based on unofficial translations.
    • The list of legislation was automatically retrieved from FAOLEX database and will be automatically updated according to the FAOLEX database. Users can also send new legislation and policies using this form (include link to form).
    • The analysis of the relevant legislation and policies is based on the information found up to September 2022.
  • 7. National regulatory framework relevant to small-scale fisheries organized by topic based on the SSF Guidelines
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    The SSF Guidelines contain chapters dedicated to the "responsible governance of tenure" (chapter 5a), "sustainable resource management" (chapter 5b), "social development, employment and decent work" (chapter 6), "value chains, post-harvest and trade" (chapter 7), "gender equality" (chapter 8), and "disaster risks and climate change" (chapter 9).

    In this section, users will find information on legislation and policies which are relevant for each of these specific chapters of the SSF Guidelines. Such legislation and policy may or may not be fisheries specific. A brief analysis of such provisions aims to elucidate their importance to small-scale fisheries. Users need to examine in greater detail the relevant instruments for a deeper understanding of all provisions relevant to small-scale fisheries.

    Content Sources Disclaimer
    Narrative: short analysis of the main provisions in the national legal and policy instruments pertaining to the topics 7.1 to 7.6, which correspond to chapters 5 to 9 of the SSF Guidelines. The relevant legislation and policies are presented after the narrative under each of the following topics:

    7.1 Responsible governance of tenure

    • exclusive fishing areas or priority access to fishery resources for small-scale fisheries.
    • exclusion and alienation rights.
    • recognition of indigenous and/or customary rights.
    • preferential access for small-scale fisheries.

    7.2 Sustainable resource management

    • participatory management systems (co-management).
    • registration requirements for small-scale fisheries.
    • MCS measures and others aimed to deter, prevent, and eliminate illegal, unreported and unregulated fishing applying to small-scale fisheries.
    • representation of small-scale fisheries in decision making at various levels of governance.
    • mechanisms to facilitate communication and interaction among small-scale fisheries actors.

    7.3 Social development, employment and decent work

    • labour rights or social benefits for small-scale fisheries.
    • financial support during closed season.
    • social security.
    • access to health care.
    • unemployment benefits.
    • old-age pensions.
    • recognition of small-scale fisheries as professional workers.
    • capacity-building programmes for small-scale fisheries.

    7.4 Value chains, post-harvest and trade

    • quality requirement for fishery products.
    • certification of fishery products from small-scale fisheries, including sanitary and safety standards for domestic versus export markets.

    7.5 Gender equality

    • legal protection of women in small-scale fisheries along the value chain (including maternity protection).
    • special treatment to women in small-scale fisheries, including but not limited to capacity-building programmes for women's organizations.

    7.6 Disaster risks and climate change

    • protection of small-scale fisheries from disaster risks and climate change, and/or recognition of small-scale fisheries' vulnerability in disaster risk or climate change policies and strategies.
    • rehabilitation and reconstruction measures after a disaster.
    • measures to restore access to fishery resources.
    • Fisheries legislation and other relevant legislation.
    • Fisheries policies and other relevant policies.
    • For countries where the national laws and policies were not officially translated to English, the analysis was based on unofficial translations.
    • The list of legislation was automatically retrieved from FAOLEX database and will be automatically updated according to the FAOLEX database. Users can also send new legislation and policies using this form (include link to form).
    • Some instruments cover more than one topic (climate change, marine conservation, etc.), and therefore may be repeated throughout the profile.
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References
Data Source

Paragraph 10.1 of the SSF Guidelines highlights the need for States to ensure policy coherence with regard to a range of issues, including: "national legislation; international human rights law; other international instruments, including those related to indigenous peoples; economic development policies; energy, education, health and rural policies; environmental protection; food security and nutrition policies; labour and employment policies; trade policies; disaster risk management (DRM) and climate change adaptation (CCA) policies; fisheries access arrangements; and other fisheries sector policies, plans, actions and investments in small-scale fishing communities". It also draws special attention to "ensuring gender equity and equality". It is therefore important to understand to which of the relevant international, regional and bilateral instruments and arrangements a country is a party.

In this section of the SSF-LEX country profile, users will find such instruments, which were selected based on their relevance and coverage of the range of issues (fisheries-specific and non-fisheries specific) outlined in the Small-Scale Fisheries Guidelines.

Paragraph 10.4 of the SSF Guidelines stresses the need for States to establish and "promote the institutional structures and linkages - including local-national-regional-global linkages and networks - necessary for achieving policy-coherence, cross-sectoral collaboration and the implementation of holistic and inclusive ecosystem approaches in the fisheries sector". It is therefore critical to understand which is the main government institution in charge of small-scale fisheries in the country, and what are its mandate with respect to small-scale fisheries.

In this section of the SSF-LEX country profile, users will find relevant information regarding the institutional arrangements relevant to small-scale fisheries in the country.

The fisheries sector of a country is governed and regulated by legislation and policies, which may or not be specific to small-scale fisheries. Fisheries legislation and policies may generally address fisheries without categorizing it under subsectors. In this case, they generally apply to small-scale fisheries. In a different way, fisheries legislation and policies may specifically apply to small-scale fisheries. In this case, it is important to understand these instruments and their relevant provisions to small-scale fisheries.

In this section of the SSF-LEX country profile, users will find a brief narrative on the main fisheries legislation in the country, and its relevance to the small-scale fisheries sector.

Detailed analysis of the fisheries legislation can also be found in section 7 of the country profile. Users need to examine in greater detail the relevant instruments for a deeper understanding of all relevant provisions to small-scale fisheries.

The SSF Guidelines contain chapters dedicated to the "responsible governance of tenure" (chapter 5a), "sustainable resource management" (chapter 5b), "social development, employment and decent work" (chapter 6), "value chains, post-harvest and trade" (chapter 7), "gender equality" (chapter 8), and "disaster risks and climate change" (chapter 9).

In this section of the SSF-LEX country profile, users will find information on legislation and policies which are relevant for each of these specific chapters of the SSF Guidelines. These legislation and policy are fisheries and non-fisheries specific. A brief analysis of provisions of certain national legislation and policies aim to elucidate their importance to small-scale fisheries. Users need to examine in greater detail the relevant instruments for a deeper understanding of all relevant provisions to small-scale fisheries.

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SSF-LEX

A legal and policy database on small-scale fisheries that contributes to the implementation of the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication.

  • ABOUT
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    As a subset of the FAOLEX database, SSF-LEX contains country profiles with detailed information relevant to small-scale fisheries: socioeconomic data; international and regional commitments; constitutional provisions; institutional arrangements; definition(s) of small-scale fisheries and related terms; and national legislation and policies.

    The SSF-LEX country profiles provide lists of legislation and policies relevant to small-scale fisheries, as well as lists of legislation and policies relevant to the thematic areas covered by the SSF Guidelines: (i) governance of tenure; (ii) sustainable resource management and conservation; (iii) social development, employment and decent work; (iv) value-chains, post-harvest and trade; (v) gender equality; and (vi) disaster risks and climate change. An analysis of the most relevant provisions of the national regulatory and policy framework is provided for selected countries.

    SSF-LEX can assist users in understanding the rights of small-scale fishers and their communities as well as the obligations of governments and other actors with respect to small-scale fisheries issues. It also assists users in understanding how national legislation and policies align with the SSF Guidelines, helping in the identification of good practices that can be used as guidance in other countries.

  • OBJECTIVES
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    • Facilitate access to the international, regional, and national policy and legal frameworks that can support the implementation of the SSF Guidelines.
    • Promote a better understanding of provisions under a country's legal and policy frameworks which are particularly relevant to small-scale fisheries, and contribute to informing related reforms.
    • Support FAO's mandate of collecting, analysing, and disseminating information useful for the sustainable development of fisheries (FAO Constitution, Article 1).
    • Support FAO's Strategic Framework 2022-2031 and the transformation to better efficient, inclusive, resilient and sustainable, agri-food systems for the four betters: better production, better nutrition, a better environment, and a better life.
    • Support FAO's role as the custodian agency for Sustainable Development Goal (SDG) indicator 14.b.1 (Progress by countries in the degree of application of a legal/regulatory/policy/institutional framework which recognizes and protects access rights for small-scale fisheries) by facilitating monitoring and reporting on SDG 14.b (Provide access of small-scale artisanal fishers to marine resources and markets).
  • OVERVIEW OF SMALL-SCALE FISHERIES
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    Small-scale fisheries is a fisheries subsector that tends to employ labour-intensive harvesting, processing and distribution technologies to exploit aquatic resources in marine and inland waters, for subsistence or commercial purposes; the associated activities may be conducted on a full-time, part-time and/or seasonal basis.

    The definition of small-scale fisheries varies by country and can be formal, that is, defined by law and/or policy, or informal, defined by written or unwritten customs of fishing communities. States have established various parameters for defining small-scale fisheries, which may include: the purpose of fishing, the size of boats and their fishing capacity, motor power, type of fishing gear and fishing area, among others.

    Although small-scale fisheries differ across countries and regions, they are generally known for their significant contributions to sustainable development through: nutritious food, income, jobs, culture, leisure and livelihoods for coastal and riverside communities; preservation of local, traditional, customary and/or indigenous knowledge of fishing techniques and practices; and promotion of resilience, collaboration and solidarity within fishing communities.

    Some of the common challenges faced by small-scale fisheries are: marginalization from governments' priorities and support; suffering from poor conditions of living and social development; vulnerability to the impacts of climate change and natural disasters.

  • NATIONAL POLICIES AND LEGISLATION MENTIONING THE SSF GUIDELINES
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    Countries Policy or legal instrument Provides for
IN FOCUS The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) are the first international instrument to provide detailed recommendations for states (governments) and non-state actors (including civil society, non-governmental organizations, inter-governmental organizations, private sector, small-scale fisheries actors and their communities, academia and research) on a range of issues underpinning social, economic and environmental sustainability in small-scale fisheries. After a transparent and participatory consultative process that included more than 4 000 stakeholders, the SSF Guidelines were endorsed by consensus of the FAO Committee on Fisheries (COFI) in 2014. Since then, FAO has supported and facilitated the coordinated implementation of the SSF Guidelines through various activities, including awareness raising and capacity building for their better use and promoting the alignment of national policy and legal frameworks with the SSF Guidelines.
FAO LEGAL GUIDANCE TO ADVANCE THE IMPLEMENTATION OF THE SSF GUIDELINES
A policy and legal diagnostic tool for sustainable small-scale fisheries The diagnostic tool helps users identify the level of alignment of a country's existing policy and legal framework with the SSF Guidelines, including policy coherence and the gaps and strengths of the main fisheries policy and legal instruments.

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Legislating for sustainable small-scale fisheries The legislative guide is useful to countries legislative bodies and legal reform advisors interested in better understanding the policy and legal considerations to be taken into account when legislating for the small-scale fisheries sector. The guide can help stakeholders develop adequate legislation specific to small-scale fisheries, according to certain recommendations of the SSF Guidelines.

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LEGAL AND POLICY CONSIDERATIONS FOR SUSTAINABLE SMALL-SCALE FISHERIES E-LEARNING This five-lesson course provides guidance on how to assess existing legal and policy frameworks for fisheries in a specific country, explains how to legislate for small-scale fisheries, and outlines the main components of small-scale fisheries-specific legislation. It aims at helping professionals engaged in dialogue on policy and legislation processes and actions at all levels relating to small-scale fisheries, as well as at academic institutions and members of the general public interested in the subject.
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While SSF-LEX makes every effort to present high-quality and reliable sources of information, no guarantee is given that the information provided is correct, complete and up-to-date. The summaries of national legislation are provided for information purposes only. Some translations are unofficial and are intended solely to provide a broad understanding of policies, laws and regulations.

Neither the summary records nor the unofficial translations are intended to replace consultation of official texts. The provision of information on the SSF-LEX webpages does not imply the expression of any opinion whatsoever on the part of FAO concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of the frontiers or boundaries thereof.