The artisanal fishermen of northern Chocó’s Pacific coast, in the municipalities of Juradó and Bahía Solano, have been fighting for over three decades to protect their marine resources and secure their livelihoods. Since the 1990s, when industrial fishing for tuna and shrimp began to expand near their shores, local communities started to notice the depletion of the fish stocks on which they depend for food and economic survival. In response, they embarked on a long journey to establish an Exclusive Artisanal Fishing Zone (ZEPA), the first of its kind in Colombia, aimed at limiting industrial fishing in their waters and promoting the sustainability of marine ecosystems.
The primary goal of the ZEPA is to prohibit or restrict certain types of fishing, such as industrial operations, and limit the use of equipment that could harm fishing resources in the long term. This not only seeks to protect the livelihoods of artisanal fishermen but also ensures the conservation of the marine ecosystems that support local communities. Despite the progress made, the process has been fraught with challenges, including difficult negotiations, legal rulings, and lack of enforcement by the authorities.
Over the years, the communities have adopted various strategies to push for the expansion of the ZEPA. In 2012, due to the lack of significant progress and the continued impact of industrial fishing in the area, they filed a popular action lawsuit with the Administrative Court of Cundinamarca. They argued that their collective rights were being violated since industrial fishing not only damaged marine ecosystems but also directly threatened their livelihood and way of life. In 2019, the court ruled in favor of the communities, acknowledging that their rights to a healthy environment and rational resource management were being violated.
The court’s ruling required state entities, including the National Authority of Aquaculture and Fisheries (Aunap), to take concrete measures to delimit and expand the ZEPA, something the court determined had not been adequately done. In 2020, the Council of State upheld this decision, stating that industrial fishing provided no economic benefits to local communities and that state authorities had been negligent in protecting the region’s fishing resources.
However, despite these legal victories, the communities continue to face delays in the implementation of the ZEPA expansion. Over the last three years, interinstitutional dialogue tables have been held with representatives from the government, artisanal and industrial fishermen, NGOs, and academia to reach a final agreement on the ZEPA expansion. During these discussions, it was agreed that Aunap’s director, Karen Mejía, would sign a resolution to formalize the expansion. However, the signature, which was expected by July 31, 2024, never materialized.
The delay occurred because Aunap decided to reopen the discussion to hear from the industrial sector, particularly the shrimp fishing operators, who claim they were not adequately included in the process. While the communities and other stakeholders believe the industrial sector had been part of the negotiations from the beginning, Aunap chose to address the concerns of this group, leading to further delays. Aunap’s director argued that all parties’ viewpoints must be considered before making a final decision.
This change in direction has frustrated the artisanal fishermen and their allies, who fear that the progress achieved so far may be at risk. Even though the process for expanding the ZEPA seemed to be complete, the new consultations with the industrial sector have reopened the discussion, once again postponing the signing of the resolution. The communities fear that this could reverse years of work, negotiations, and favorable court rulings.
The current situation leaves the future of the ZEPA in uncertainty. The communities hope that Aunap will honor previous agreements and act transparently to ensure the prompt adoption of the resolution. However, the extension of the deadline to receive comments until October 2024 creates uncertainty about when the expansion will finally be implemented. Meanwhile, the artisanal fishermen continue to face the challenges posed by industrial fishing to their livelihoods, hoping that their rights will be respected and a solution will be implemented that benefits both the communities and the environment.
Source: El Espectador
