REVIEW OF NATIONAL INSTITUTIONS AND SYSTEMS

1. Coastal Fisheries Policy and Planning Course, 28/01/08 – 8/02/08, Apia, Samoa REVIEW OF NATIONAL INSTITUTIONS AND SYSTEMS Pio E. Manoa School of Marine Studies Faculty of Islands & Oceans University of the South Pacific UNIT 1 Secretariat of the Pacific Community

2. Unit 1 Objective: • Understand the fisheries policy processes, institutions and systems: How does it work?

3. Unit 1 Learning Outcomes: • Understand the process, influences and trends in fisheries policy • Identify and apply relevant international and regional instruments in the development of national policy • Appreciate the different types of national and local institutions in the Pacific Islands region and their basis in law and policy

4. Unit 1 - Topics covered: • Overview of fisheries policy processes • International and regional instruments and their relevance to national coastal fisheries policy • Review of national institutions and systems and their policy and legislative framework • Policy initiatives for strengthening the participation of Pacific Island communities in coastal fisheries management and decision-making

5. Overview • Summary of national institutions and systems and historical influences • Role of national institutions in fisheries policy making • Dual systems and Unified systems • Recognition of customary/traditional institutions in policy making • Considerations for institutional strengthening

6. Summary of national institutions and systems and historical influences • Formal and ‘informal’ institutions and systems • Dual and unified systems exist in the region • Impact of colonial administrations on existing systems • Various government structures

7. Summary of national institutions and systems and historical influences cont’d • National government: Samoa/Fiji (provincial administration) • Federal government system: Palau, FSM • National & Provincial governments system: Solomon Islands/PNG • Territory government system: French Polynesia, New Caledonia

8. Summary of national institutions and systems and historical influences cont’d • Example of Fiji: • Cession in 1874 • Sir Authur Gordon’s role in establishing separate legal system for indigenous population • Native regulations, courts and recognition of customary law and practice • Fisheries legislation introduced during colonial days – preferential access of customary rights owners to fishing grounds but no express recognition of management responsibilities

9. Role of national institutions in fisheries policy making • Depends on system of governance in place • Westminster system: parliamentary government: • President/Governor; • Executive; • Lower House (House of Representatives) and Upper House (Senate); • Judiciary

10. Role of national institutions in fisheries policy making • Federal system: National and State bodies • Example of Palau: • Executive (President, Vice President, Ministers) • Legislature (Senate and House of Delegates) • Judiciary • Council of traditional chiefs (chiefs from 16 States): advises President on matters concerning traditional laws, customs and their relationship to Constitution and laws of Palau • State Governments: Elected Governor, Legislature (elected and traditional representatives) • Each village has traditional council of leaders responsible for welfare of community

11. Role of national institutions in fisheries policy making • Territory system: • Example of French Polynesia: • President of Territory government (Chief Executive) • Council of Ministers • Territory Assembly – powers to extend Republic laws or amend existing laws • Economic and Social Council – provides advice on socio-economic matters to territory government of Assembly

12. Role of national institutions in fisheries policy making • Traditional institutions: • Council of Traditional Chiefs (Palau); • Council of Iroij (Marshall Islands) • Great Council of Chiefs (Fiji)

13. Dual systems and Unified systems • Dual systems refer simply to countries where introduced and traditional/customary systems coexist. • Unified systems refer to countries where there is only one system of governance

14. Dual systems and Unified systems • Dual systems examples: • Samoa • Solomon Islands • Fiji (customary role implicit) • Examples of Unified systems: • French Polynesia • New Caledonia

15. Recognition of customary/traditional institutions in policy making • Traditional institutions recognised in: • Constitutions: • Palau, RMI, Samoa, Vanuatu, Fiji, PNG, FSM, Nauru, Tuvalu and others • National legislation • Kiribati, PNG, Tuvalu, Nauru, Solomon Islands and others • Implicitly

16. Recognition of customary/traditional institutions in policy making cont’d • Traditional institutions have broad powers primarily at the community level • In some cases jurisdiction goes beyond coastal waters. For example, traditionally recognised fishing rights in submerged reef areas irrespective of location within Palau’s maritime zones are preserved and are to be respected by the national authority (S.146, T.27, Chap. 1, Subchap. 3, PNC)

17. Considerations for institutional strengthening • Development of a national comprehensive coastal fisheries policy or a national fisheries policy with a coastal fisheries component; • Assessment of existing national policies and adequacy; • National institutions need to expand scope of coastal fisheries objectives; • Identification of strategic initiatives and areas for implementation;

18. Considerations for institutional strengthening • Need to clarify policy making powers of traditional institutions in most countries; • Clarify relationship between traditional and introduced institutions; • Identify, at the national level, areas in which traditional policies and rules would be more effective in achieving compliance; and • Encourage stronger collaboration between national institutions and traditional institutions where applicable.