A Fresh Approach Ghanas Western Region Hen Mpoano (Our Coast) - - PowerPoint PPT Presentation

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

Eastern Command Western 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

• ffences

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) Fish Processor s (2) Service Centres Union (1) Indust. Trawler s Assoc.(1 ) Inshore Fishers Assoc. (1) A-G's Dept (1) Environ. Protection Agency (1) Ghana Navy (1) Ghana Police Service (1)

Facilitator

Civil Society

Non -State Actors

State Actors

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

• f institutions on the prosecution chain

Reviewed past and current cases of fisheries infractions, sanctions/penalties Case Studies from other jurisdictions

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

Gaps in Prosecution

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

Presentation

• f Case to

Court Statement and Evidence Collection Case presented to the AG’s office by police for advice Arresting Offenders

Police keeps exhibits

• r kept at the Naval

base under security Culprits are handed over to police for action to be taken MCS/Police arrest onshore, while Navy/MCS arrest

• ffshore. Culprits

informed of their offense & their rights read Witnesses prepared and ready for court

 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

• r 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

National Level

 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

Comparative Lessons

Western Region

 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

Arrests and Prosecution

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

Out of Court 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

Settlement

Thank You

Kofi Agbogah

Director, Hen Mpoano, Ghana

kofi.agbogah@gmail.com

www.henmpoano.org