COMMITTEE FOR INLAND FISHERIES AND AQUACULTURE OF AFRICA. Sixteenth Session. Maputo, Mozambique, November 2010

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November 2010 CIFAA/XVI/2010/3 E COMMITTEE FOR INLAND FISHERIES AND AQUACULTURE OF AFRICA Sixteenth Session Maputo, Mozambique, 16-18 November 2010 ABOLITION OF THE CIFAA SUBCOMMITTEE FOR LAKE TANGANYIKA INTRODUCTION 1. The Eleventh Session of the Committee for Inland Fisheries of Africa (CIFA) Subcommittee for Lake Tanganyika was held in Kinshasa, DR Congo, from 25 to 28 April 2006. The Session was attended by Burundi, the Democratic Republic of Congo, the United Republic of Tanzania, and Zambia as well as observers from the African Development Bank (AfDB) and the University of Kuopia in Finland. The Session discussed the status of Lake Tanganyika fisheries by national sectors; Lake Tanganyika fisheries management issues and the Regional TCP Project; the status of the Regional Programme for the Management of Lake Tanganyika; and the future role of the FAO CIFA Subcommittee following establishment of the Lake Tanganyika Authority. Members of the Subcommittee endorsed a workplan and timetable for establishment and staffing of the Lake Tanganyika Authority. 2. The Subcommittee noted that its current functions are in some respects more elaborate and inclusive than what is stipulated in Articles 7 and 27 of the Convention. In these circumstances, the future role of the Subcommittee could encompass both its current functions and those functions stipulated for the Fisheries Management Technical Committee in the Convention. 3. The Subcommittee further recalled that while the Convention addresses a wide variety of sectors and stakeholder interests, the fisheries sector is of overriding significance to the socio-economic welfare of Tanganyika Basin residents. The sector must therefore be adequately represented and its needs fully addressed in deliberations on the Convention and institutional mechanisms created under the Convention s Articles. 4. Soon after the Eleventh Session of the Subcommittee for Lake Tanganyika, the Regional TCP Project became operationally active. The TCP sought to ensure that the overall Regional Programme for the Integrated Management of Lake Tanganyika includes components to:

2 promote the development of a sustainable fisheries monitoring and management system based on applied research; and promote fisheries-related activities that address post-conflict rehabilitation and resettlement. The TCP also planned to undertake a fisheries baseline and institutional study within the DRC sector of the lake. 5. Owing to the difficult circumstances existing in the Lake Tanganyika basin, the TCP encountered considerable interruption and delay. The implementation schedule originally planned had to be repeatedly adjusted. A regional workshop held in Bujumbura in November 2007 harmonised the national reports into one of the two regional project proposals. The report of the DRC national consultants was used as the basis for a project proposal for interventions related to refugees on the Congolese side of the lake. The TCP allowed the provision of important technical inputs into the consultations and meetings leading up to the establishment of the Lake Tanganyika Authority. THE LAKE TANGANYIKA AUTHORITY (LTA) 6. On 5 April 2007, the First Lake Tanganyika Management Committee meeting followed by a Conference of Ministers was convened and hosted by the United Republic of Tanzania in Dar-es-Salaam. These were attended by Ministers and high-level fisheries officials from the riparian states as well representatives from concerned UN Agencies and funding partners. The meeting considered the status of ratification of the Lake Tanganyika Convention, a headquarters for the Lake Tanganyika Authority, proposals for its Secretariat, its rules of procedure and financial regulations, and mobilisation of resources. The Ministers Conference issued the Dar-es-Salaam Declaration which agreed to establish the Authority with headquarters in Burundi and gave a commitment to support its operation. 7. The Second Lake Tanganyika Management Committee meeting also followed by a Conference of Ministers was held in Bujumbura, Burundi, 22-25 April 2008. Following preparations by the Committee, the Conference of Ministers launched the activities of the Lake Tanganyika Authority Secretariat, considered and approved the staff salary structure, and agreed on the financial contribution of member riparian countries. The Conference looked forward to the effective start of implementation of projects in the latter half of 2008. 8. The Third Lake Tanganyika Management Committee meeting followed by the Conference of Ministers was held in Uvira, Democratic Republic of Congo, 19-21 August 2009. The Conference of Ministers approved the Headquarters Agreement, Rules of Procedure, Financial Regulations, Rules and Conditions of Service, the LTA logo and emblem, and the nominee for the position of Director of Monitoring and Evaluation. 9. An extra-ordinary meeting of the Lake Tanganyika Management Committee was held in Dar-es-Salaam, Tanzania, 12 May 2010. The Committee considered, inter alia, the Annual Workplan and Budget for 2010, National Contributions, the LTA/FAO Agreement, the Monitoring and Evaluation Framework and the preparations and agenda of the next Ministerial Conference.

November 2010 CIFAA/XVI/2010/3 E 10. The Fourth Lake Tanganyka Management Committee meeting followed by the Fourth Ministerial Conference will be held in Lusaka, Zambia, 23-26 November 2010. The Ministerial Conference is expected to review the progress for 2010 and consider the Annual Workplan and Budget for 2011. ABOLITION OF THE SUBCOMMITTEE FOR LAKE TANGANYIKA 11. Members of CIFAA as well as its Subcommittee for Lake Tanganyika are reminded that, conscious of the need to eliminate statutory bodies that are obsolete, the FAO Conference in Resolution 13/97 recommended to parent bodies to abolish their subsidiary bodies unless they consider that there are overriding reasons to retain such subsidiary bodies. For example, the Subcommittee for the management and development of the fisheries of Lake Victoria was abolished when the Lake Victoria Fisheries Organisation had been established. 12. The situation with respect to the CIFAA Subcommittee for Lake Tanganyika is that a Lake Tanganyika Authority has been set up under the Convention on the sustainable management of Lake Tanganyika. This Authority has a Management Committee supported by four technical committees of which one is for fisheries (see Annex 1). Under Article 7 of the Convention, States are required to cooperate in fisheries management (Annex 1). 13. It is recalled that the Subcommittee for Lake Tanganyika was established at the Third Session of CIFA, Bujumbura, Burundi, 21-26 November 1977. Its Terms of Reference are in Annex 2. Considering these Terms of Reference, and in view of the establishment of a Lake Tanganyika Authority, it appears that there is no reason to retain the Subcommittee for Lake Tanganyika. 14. The abolition of the Subcommittee for Lake Tanganyika was raised at the Fifteenth Session of CIFAA. While expressing its gratitude to FAO for having supported the Lake Tanganyika Subcommittee, the Committee highlighted the long process of the establishment of an intergovernmental institution. It indicated that since the convention establishing the LTA was not yet signed, it was premature to dissolve the subcommittee and that the abolition decision be postponed and discussed at the next CIFAA meeting; this was especially relevant since three participating member States were not present. 15. Since the LTA has been established and will soon be reviewing its progress in 2010 and considering its Annual Workplan and Budget for 2011, the abolition of the Subcommittee for Lake Tanganyika is raised for the consideration of CIFAA. CIFAA as the parent body, may decide to abolish the Subcommittee, after taking due consideration of the views of Subcommittee members (Burundi, DRC, Tanzania and Zambia). Action: CIFAA is invited to consider the situation of its Subcommittee for Lake Tanganyika and recommend whether it should be abolished.

4 ANNEX 1 ARTICLES OF THE CONVENTION THAT RELATE TO FISHERIES AND THE ROLE OF THE CIFA SUBCOMMITTEE FOR LAKE TANGANYIKA Article 7. FISHERIES MANAGEMENT 1. The Contracting States shall co-operate to promote sustainable fisheries management on Lake Tanganyika and shall take, as a matter of priority, appropriate measures to prevent and reduce as far as possible adverse impacts from fishing activities under their jurisdiction or control. 2. In order to promote sustainable fisheries management the Contracting States, acting separately and jointly, shall: a. develop, implement and enforce a framework fisheries management plan for Lake Tanganyika that shall conform to the strategic action program prepared in accordance with Article 13; b. develop harmonized national fisheries policies based on the relevant principles set out in the Code of Conduct for Responsible Fisheries adopted by the Conference of the Food and Agriculture Organization of the United Nations; c. develop, adopt, implement and enforce harmonized legal, administrative and technical measures to manage fisheries and to eliminate unsustainable fishing practices and to reduce the pressure on over-exploited fisheries by, in particular, regulating fishing effort, practices capacity and aquaculture; and d. promote broad participation in fisheries management including the development of community based management structures with due regard to local conditions. Article 27. TECHNICAL COMMITTEES 1. The Management Committee shall be assisted in the performance of its functions by the following: a. A Socio-economic Technical Committee ; b. A Fisheries Management Technical Committee comprising one representative from each of the Contracting States, which shall advise the Management Committee on management measures to conserve the fisheries of Lake Tanganyika and to develop the traditional and commercial fishing sectors on a sustainable basis; c A Biological Diversity Technical Committee ; and d. A Water Quality/Pollution Control Technical Committee

November 2010 CIFAA/XVI/2010/3 ANNEX 2 E TERMS OF REFERENCE OF THE CIFA SUBCOMMITTEE FOR LAKE TANGANYIKA The Committee for Inland Fisheries of Africa: Considering the need for coordination of research, development and management of the common resources of Lake Tanganyika, Considering the present lack of coordination in fishery activities between the countries sharing the resources of Lake Tanganyika, Hereby establishes, in accordance with Rule IX, paragraph 1 of the Rules of Procedure of CIFA, an ad hoc Subcommittee for the promotion of international cooperation between the countries surrounding Lake Tanganyika, hereinafter refereed to as the CIFA ad hoc Subcommittee for Lake Tanganyika. Terms of reference The function of the CIFA ad hoc Subcommittee for Lake Tanganyika shall in particular include the following: (a) (b) (c) (d) (e) (f) To act for CIFA during the intersessional periods with respect to matters related to the fisheries of Lake Tanganyika To develop a regional fishery project and bring it to the operational stage To provide technical guidance to individual governments in the implementation of regional project and ensure co-ordination of national projects in line with the regional objectives To assist in seeking financial assistance for additional projects which could be an outcome of regional project To participate in the long-term integrated development of the fisheries of the area To report to CIFA at each session on its activities during the preceding intersessional period Meetings The Subcommittee should meet as early as possible in 1978 to advance the finalization of the project document of the regional project. Other meetings will be held as required. Membership The membership of the CIFA ad hoc Subcommittee for Lake Tanganyika shall consist of the four CIFA Member Nations surrounding Lake Tanganyika i.e. Burundi, Tanzania, Zaire and Zambia. The CIFA ad hoc Subcommittee for Lake Tanganyika shall elect its own officers.

6 Secretariat The Secretary of the CIFA ad hoc Subcommittee for Lake Tanganyika shall be designated by the Director-General of FAO in consultation with the countries concerned. Financing The travel expenses of the representatives of the participating countries, when attending meetings of the CIFA ad hoc Subcommittee on Lake Tanganyka, shall be borne by the countries themselves. CIFA further urges the Director-General of FAO to use his good offices to enable the ad hoc Subcommittee to begin its work without delay.