In this investigation, Gideon Sarpong delves into the intricacies of the European Commission’s (EC) fishery policies, focusing on the Commission’s actions, or lack thereof, in West Africa. This complex web encompasses critical issues such as flag of convenience, the targeting and export of over exploited small pelagic fish by EU registered vessels flying the flag of Cameroon and the persistent challenge of IUU (Illegal, Unreported, and Unregulated) fishing practices in West Africa.

BISSAU, Guinea-Bissau — Off the coast of West Africa, from Guinea Bissau to Mauritania, the sighting of the Pilot Whale vessel is a commonplace occurrence. This fishing ship, stretching 96 meters in length, is nearly as extensive as a 100-meter track.

This colossal vessel diligently hauls in significant quantities of small pelagic fish, particularly sardinella, mackerel, and sardines – that form the lifeblood of artisanal fishers in the region.

What is striking is the flag it flies – the vibrant green, red, and yellow emblem of Cameroon.

However, beyond this flag, there is very little that connects the Pilot Whale to Cameroon. In fact, this vessel, also known as Mikhail Verbitskiy, is just one example of many vessels uncovered during this investigation owned and operated by European-based companies accused of participating in IUU related activities while cleverly exploiting the concept of a “flag of convenience.”

In 2020, the Environmental Justice Foundation (EJF), an international organisation committed to monitoring economic and environmental abuses, designated Cameroon’s flag as a “flag of convenience.”

According to marine experts, this label is a tool used by unscrupulous operators to escape accountability for illegal fishing, human rights violations, and other crimes through the manipulation of vessel registrations.

EJF’s findings also revealed a disconcerting fact: more than half (55%) of the vessels in Cameroon’s fleet had been added in the last five years. Even more noteworthy, these new vessels constituted 90% of the fleet’s total tonnage, with 94% of these newcomers under foreign, non-Cameroonian ownership. Nearly all of them operated outside of Cameroon’s waters.

The “Red Card” and EC’s ‘Hypocritical’ Response

This concerning state of affairs led to the issuance of a “Red Card,” by the European Commission in January 2023. Central to this punitive action was the claim of “weak flag state control” which contributed to illegal fishing practices on an international scale.

In issuing the Red Card to Cameroon, the EC announced that, “Member States shall refuse the importation of fishery products from Cameroon even when accompanied by catch certificates,” effectively banning fish imports from the country. This measure took effect immediately following the Red Card’s issuance in January 2023.

In a surprising twist, the investigation uncovered a disquieting reality. Twelve vessels, owned, managed, or associated with companies tied to the European Union, continue to raise the flag of Cameroon.

What’s even more striking is, an analysis of trade data from the European Market Observatory for fisheries and aquaculture (EUMOFA) platform revealed that nearly €10 million worth of fish had entered the EU from Cameroon between January 2023 and September 2023, despite the ban imposed by the European Commission.

Astonishingly, the EC has yet to take any substantive actions against these companies and the continuous flow of fish from Cameroon into the EU market.

An official of the EU IUU Fishing Coalition stressed that these fishing vessels are able to take advantage of what the European Commission perceives as “Cameroon’s lax fisheries controls, while financial proceeds remain within the EU.”

Beatrice Gorez, the coordinator for the Coalition for Fair Fisheries Arrangements, a consortium of organizations committed to shedding light on the impacts of EU-African fisheries agreements, poignantly asks, “Should the European Union not also seek to target these European based companies?”

Unmasking EU Companies and the Cameroonian Illusion

In a disturbing revelation, the Ocean Whale Fishing Company, founded in 2016, has emerged as a shadowy player in the African fishing industry. Operating a fleet of five fishing vessels across the continent, Ocean Whale’s practices have raised eyebrows, as it exploits regulatory gaps and threatens West Africa’s small pelagic fish stocks, a lifeline for local artisanal fishers.

The company which owns the Pilot Whale purports to be a legitimate entity, officially registered in Malta under the registration number C76874. However, the investigation reveals that the company’s operations transcend borders, exposing an unsettling discrepancy between its registration and the scope of its activities.

What adds a layer of intrigue to this unfolding story is the peculiar choice of flags for its five industrial-sized vessels: the Right Whale, Pilot Whale, Sei Whale, Grey Whale, and the Crystal Hope. Despite operating well outside the boundaries of Cameroon, these vessels proudly fly the Cameroonian flag, sparking questions about the motivation behind such a choice.

The heart of this controversy lies in Ocean Whale’s voracious pursuit of small pelagic fish, a resource in grave peril in West African waters according to scientists. Among these fish stocks, sardinella holds a special place, cherished for its role as a traditional food source for West African communities.

Not only is it affordable and critical to food security in places like Guinea-Bissau and Mauritania, but it also provides essential animal protein, micronutrients, and fatty acids for millions across the region.

AIS data analysed exposed Ocean Whale’s predatory fishing practices within the Exclusive Economic Zones (EEZ) of Mauritania, Guinea-Bissau, Angola, and Namibia. These vessels plunder the very heart of West Africa’s maritime resources, disregarding scientific concerns about sustainability.

In October 2023, the Joint Scientific Committee, tasked with overseeing the implementation of the EU-Mauritania fisheries agreement issued a report that amounted to an indictment of EU fishing fleets in the West African region.

The report noted that the EU fleet fishing for small pelagic in West Africa, particularly the East European vessels, continue to “disregard their obligations to embark scientific observers on board,” while they fish unsustainably.

The small pelagic fish, known for their migratory patterns, traverse the EEZs of several West African states, creating a complex web of overfishing and exploitation.

Food and Agricultural Organisation data spanning several years, paints a grim picture of sardinella overexploitation in the regions where Ocean Whale Company operates. This alarming trend puts the delicate marine ecosystem on the brink of collapse, jeopardizing both local livelihoods and regional food security.

Fisheries expert Beatrice Gorez, a prominent voice in this investigation, raises a pertinent concern: “This is really a black spot in the European policy, because at the moment there is very little in terms of legislative tools for the EU to act against these vessels where the beneficial owners are still European but are taking the flag of another country.”

She further emphasized the need for the EC to take “decisive measures against EU-based individuals and companies that own or manage vessels engaged in unsustainable fishing practices in foreign territories.”

Gorez’s plea is underscored by the fact that in Mauritania, Guinea-Bissau and other West Africa states, there is a glaring “absence of proper regional management for small pelagic fish,” leaving the door open for “exploitative practices.” In her view, EU vessels, whether EU-flagged or under the Cameroon flag, should be prohibited from accessing these vulnerable waters.

As this investigation delves deeper, a disturbing pattern emerges, shedding light on the extent of the use of Cameroon’s flag as a “flag of convenience” by unscrupulous fishing operators.

In addition to Ocean Whale, data from the Global Fishing Watch (GFW) uncovered seven more fishing vessels that operate under the Cameroon flag while conducting their activities far beyond the nation’s territorial waters.

These vessels, identified as the Marshal Krylov, Marshal Vasilevskiy, Marshal Novikov, Vega (also Known As Skagen), Sveaborg, Helsingfors, and Frederickshamn (alternatively known as Fredrikshamn), have raised concerns about the exploitation of the Cameroonian flag for nefarious purposes.

The practice of using flags of convenience allows these operators to evade scrutiny and exploit regulatory gaps, creating a significant challenge for international efforts to monitor and regulate fishing activities said Beatrice Gorez.

The investigation unearthed a Latvian connection within this perplexing web of operations. The vessels Marshal Krylov, Marshal Vasilevskiy, and Marshal Novikov are currently owned by the Latvian company BALTREIDS (Oceanic Fisheries Nb). The origins of BALTREIDS trace back to the Soviet Union, further adding to the complexity of the situation.

It’s worth noting that BALTREIDS, like Ocean Whale, focuses on small pelagic fish in West African waters, particularly in the Exclusive Economic Zones (EEZ) of countries like Mauritania. This overlaps with accusations of past IUU fishing-related activities in West Africa. Such allegations point to a disturbing trend of disregard for environmental and regulatory norms in these critical fishing grounds.

Satellite data from Equasis provides insight into the recent movements of the MARSHAL KRYLOV and MARSHAL VASILEVSKIY. Their last port call was recorded in Mauritania in October 2023, indicating their ongoing presence and activities in West African waters.

The remaining ships, Sveaborg, Helsingfors, and Fredrikshamn, are listed as being owned by Camelford, Mont Albert, and Langwarrin, respectively, all of which are companies based in Cyprus, according to GFW data. The last vessel, Vega, was previously owned by Bovina Limited, also a Cyprus-based entity, but is presently controlled by Pescado in Saint Vincent and the Grenadines.

Ocean Whale Company and other involved entities failed to respond to our requests for comment.

Dr. Aristide Takoukam, a dedicated conservationist and the founder of the African Marine Mammal Conservation Organization (AMMCO), characterized the actions of these large fishing vessels operating in the EZZ of West Africa as having “detrimental and destructive economic ramifications.” He pointed out that the intrusion of some large foreign vessels into areas designated for local fishermen leads to “conflicts, as these vessels target the primary livelihood of artisanal fishermen, thereby jeopardizing food security.”

SFPAs & Export of overfished Small Pelagic to Europe

The EU currently operates several Sustainable Fisheries Partnership Agreements (SFPAs) or bilateral fishing agreement that allows EU vessels to fish in the EEZ of third countries. It currently holds 11 active agreements with countries across Africa including Mauritania and Guinea-Bissau which sets out fish access limits in exchange for financial contribution.

All European vessels, whether operating under SFPAs or private agreements, are subject to the stringent regulations outlined in the SMEFF (Sustainable Management of External Fishing Fleets) framework. This framework mandates sustainable fishing practices.

However, the situation takes a curious turn when it comes to Cameroon-flagged trawlers. These vessels can potentially exceed the EU-imposed limits without being required to offload their catches in Mauritania or Guinea-Bissau.

A report by IUU Watch reveals a concerning trend among vessel owners who opt for Flags of Convenience. Such choices appear to prioritize gaining access to a multitude of countries’ EEZs with little regard for sustainable fishing practices and accountability.

The report noted: “In the case of EU vessels, abusive reflagging may occur to circumvent the exclusivity clause set out in official EU access agreements with non-EU countries (SFPAs). According to this exclusivity clause, EU flagged fishing vessels are not permitted to operate in the waters of the non-EU country in which an SFPA is in force unless they hold a fishing authorisation which has been issued in accordance with that agreement.”

“This practice undermines the very essence of the SMEFF regulations, endangering marine ecosystems and the livelihoods of local communities,” said an EU official speaking on condition of anonymity.

The investigation also exposed a disconcerting paradox in the EC’s import policies. Despite a ban on importing fishery products from Cameroon, close to €10 million worth of these products found their way into various EU countries by September 2023.

This unsettling data, drawn from the EUMOFA platform, drew scrutiny from the EC, which contested the figure. The Commission admitted that fishery products from Cameroon entered the union in 2023, albeit in very small quantities. However, when investigators requested for the data to substantiate their claim, an official from the EC failed to provide it.

The EC’s argument hinged on the claim that these imports fell outside the scope of their “catch certification scheme,” citing examples like “oysters and ornamental fish” which it argued was “mainly imported by France and Belgium.”

Further analysis of fishery export data from EUMOFA revealed another startling revelation. Fish worth over €150 million comprising overfished species like small pelagic had entered the EU from Mauritania and Guinea Bissau as at September 2023.

In response to this investigation, the EC’s spokesperson invoked Article 17 of the IUU (Illegal, Unreported, and Unregulated) Regulation, which empowers EU Member States to implement verification procedures when importing fishery products.

The spokesperson argued that, “the Commission is “supporting the effective implementation of the catch certification scheme by the Member States through the development of IT CATCH, an IT system aiming at digitalising catch certification data and harmonising procedures.

An audit of the current EU CATCH controls showed that the “measures in place to combat illegal fishing are only partly effective,” with the reduced effectiveness attributed to the inconsistent application of inspections and penalties by Member States.

Government officials in both Mauritania and Guinea-Bissau did not immediately respond to a message requesting comment.

Voices of struggle amidst ecological decline, Path Forward

The far-reaching implications of this ecological crisis extend well beyond the ocean’s shores, permeating the lives of local communities.

During a meeting with EU parliamentarians in June 2023, Antónia Adama Djaló, Vice President of the African Confederation of Artisanal Fisheries Organisations, made a compelling argument. She emphasized, “All too often, our decision-makers and their partners fail to take action and neglect our needs.”

“On paper, our governments and the international community express support for us, however, their actions frequently prioritize the interests of sectors promising significant short-term financial gains, such as industrial fishing, mining, gas exploitation, and coastal tourism” she said.

“This threatens the future of our communities. The time for words is over.”

In the heart of these hardships are the individuals who directly depend on the sea for their livelihoods, and their voices speak volumes about the challenges they face.

Abdoulaye Kaba, a 35-year-old resident of Bissau, expressed his profound frustration, revealing, “The biggest challenge has been the last decade. We only get a handful of catch after toiling for several hours at sea.”

He emphasized that the once-lucrative profession of artisanal fishing had lost its economic appeal, a stark testament to the magnitude of the crisis.

For local fishmongers, predominantly women, the struggle is no less dire. Juliet Efemena, a fish processor in her 30s, articulated her anguish, saying, “It gets worse and worse every year. All our fish is stolen by the big vessels. We do not know what to do.”

Their poignant words paint a picture of despair as they grapple with the relentless encroachment of industrial fishing on their traditional way of life.

Guinea Bissau’s plight in the face of this declining fish stock is underscored by its disheartening performance in the 2021 IUU Fishing Index. The country found itself among the ten worst-performing nations, failing to uphold critical transparency and discrimination clauses within its SFPAs with the European Commission. This does not only reflect systemic deficiencies in the management of its fisheries but also poses a grave threat to the well-being of its citizens.

Fisheries expert Beatrice Gorez outlines a potential path forward through the implementation of the ministerial statement by the Organization of African, Caribbean, and Pacific States. This statement calls on countries involved to “collect information about beneficial owners of the vessels they flag in the country.”

By taking this step, nations can foster greater accountability and sustainability in the fishing industry, a move long overdue she argued.

However, her critique of the European Commission’s current transparency efforts is uncompromising. She characterizes them as “opaque and cosmetic,” stressing that the crucial initial step in countering Flags of Convenience is the creation of a “European register of beneficial owners for fishing companies that is publicly accessible.”

Juliet Efemena and fishmongers like her, whose lives are intricately linked to the sea, may not be well-versed in the complexities of the broader fisheries policies, but their message is crystal clear. In her words, “we simply need our fish to provide for our families.”

The urgency of their appeal serves as a stark reminder of the need for immediate and decisive action to protect both their traditional way of life and the fragile marine ecosystem on which it depends.

Report by Gideon Sarpong, Pulitzer Ocean Reporting Fellow.

The post The Dark Seas of Deception:Unmasking EU fisheries in West Africa’s troubled waters appeared first on iWatch Africa.

DIBOMBARI, Cameroon — “We are going through hell,” the haunting words of Marie Noel resonate with a mix of despair and fortitude. Marie, an activist in her 50s hailing from the village of Souza near Dibombari Socapalm Plantation, paints a somber portrait of her community’s plight. Amidst the cruel grip of hardship, they’ve been driven to the brink, forced to scavenge “Socapalm fruits and nuts” in a desperate bid to quell their gnawing hunger.

In 2006, Société Camerounaise de Palmeraies (Socapalm), a subsidiary of plantation giant, Socfin, embarked on an ambitious endeavor – the cultivation of palm plantations within Dibombari’s lush rainforest expanse in Cameroon. Yet, beneath the veneer of progress lies a tapestry of troubling accusations. Allegations of forcible land displacement, pollution of vital water sources, the decimation of delicate ecosystems, and the sacrilegious intrusion into ancestral lands cast a dark shadow over the company’s operations.

A three-month investigation conducted by Gideon Sarpong and Robert Abunaw puts the spotlight on these unsettling truths. At the core of this narrative looms a protracted legal clash waged in French courts – Sherpa et al. vs Socfin. This ten-year legal drama, ostensibly conceived to quell the quagmire of land conflicts, ecological turmoil, and the cries of the aggrieved, paradoxically seems to amplify the existing travails of these marginalized communities. Thousands, bereft of their means of livelihood, have been forced into the murky realm of petty criminality within the very bowels of Socapalm’s sprawling plantations – a bitter struggle for survival in the face of adversity.

Marie Noel placed the blame squarely on the government of Cameroon and Socfin, accusing the state of leasing all their precious farmlands to the multinational plantation company, and its local subsidiaries.

In her words, this decision has left the neighboring villagers with “nothing, as all their lands have been locked up in a 60-year lease to Socapalm.”

Despite all the controversies, the Socapalm plantation site situated in Dibombari secured a Roundtable on Sustainable Palm Oil (RSPO) certification in 2022. This certification is widely considered a mark of sustainable and environmentally conscious production, indicating that the site adheres to the lowest possible environmental impact standards.

However, a review of a July 2023 EarthWorm Foundation (EF) report, commissioned by none other than Socfin, casts a long shadow over the company concerning its Dibombari operations. The report confirmed accusations of severe improprieties, including the denial of livelihoods and land displacements, sexual harassment of local communities, water pollution resulting in a lack of access to clean drinking water, and the encroachment of sacred sites by the company’s sprawling plantations.

These findings, which are consistent with our own reporting, raise significant concerns about the RSPO certification granted to Socapalm’s Dibombari site. With documented instances of several cases of abuse, many are left wondering how the company managed to obtain its RSPO certification despite seemingly falling short of meeting crucial international regulations.

Mr. Emmanuel Elong, the president of SYNAPARCAM, a Cameroonian association defending the indigenous rights of local communities, expressed deep bewilderment over the continued granting of RSPO certifications to Socapalm.

“In the face of overwhelming evidence of misconduct and questionable practices, there are mounting questions about the legitimacy and effectiveness of the RSPO certification process,” he argued.

In response to this investigation, RSPO contented that “Socapalm Dibombari’s operating unit underwent an audit by the independent third-party certification body, BSI Services Malaysia Sdn. Bhd, who granted certification.”

RSPO further explained that it has “reviewed the EF report against the audit conducted by BSI and will advise BSI to review and verify the findings of the EF investigation. At their discretion, BSI will further investigate/verify those reports/issues/allegations via an additional audit or during its annual surveillance audit.”

The implications of these findings shed light on the ongoing challenges faced by the affected communities, raising urgent questions about the responsibility of both corporate entities and the government to protect the rights and well-being of their citizens.

Laura Bourgeois, Advocacy and Litigation officer for Sherpa, an international NGO dedicated to advocacy and litigation, notes: “The recurring problems we hear from community leaders on the frontline is that community members, stakeholders, are not included in the process and that the certification initiatives make the problems even worse.”

A Decade of Legal Strife and Its Unfolding Impact

Socfin in August 2023 released an action plan to address the findings of Earthworm’s report.

However, considering the company’s track record in Cameroon, skepticism arises among many regarding their commitment to follow through on these claims.

A representative for Socapalm declined to comment on this investigation, pointing to information available on Socfin’s official website.

In 2013, Sherpa initiated mediation with Bolloré, the majority owner of Socfin, to find resolutions to the persistent issues plaguing the plantations and their surroundings. This dialogue culminated in an action plan, where Bolloré pledged to leverage their influence to tackle these problems.

Yet, despite the agreed-upon plan, Bolloré failed to fulfill its commitments, prompting Sherpa and other organizations to initiate legal proceedings against the French multinational. A decade-long courtroom saga ensued, adding a further layer of complexity to the challenges endured by communities ensnared in Socapalm’s operational embrace.

“The non-implementation of the action plan agreed upon in 2013 confirms it is an absolute necessity, when possible, to have mandatory legislation in the field of business and human rights,” asserts Laura Bourgeois. She adds: “Otherwise, soft mechanisms mean that communities remain dependent upon the goodwill of companies. When mandatory legislation does not seem like an option, it seems appropriate to consider legal avenues to harden soft law.”

This legal battle in the French courts to compel the execution of the action plan, and to ensure the delivery of promised remedies, has aggravated the already dire challenges faced by some communities within the operational sphere of Socapalm.

In Kilombo, a village that is situated at the heart of Socapalm Kienke plantation in Cameroon, Yengue Jean’s frustration with the company is palpable. She characterized the company as “irresponsible” and went on to reveal that a borehole, ostensibly installed to benefit the village, was “primarily utilized to irrigate the adjacent Socapalm nursery.”

Jean lamented, “The residents are now compelled to depend on a nearby stream tainted with pollutants,” while sorrowfully noting, “Our once thriving forests have vanished, leaving us without the vital resources to sustain our traditional hunting practices.”

Deforestation and the new European Union (EU) Law

Startling findings from Global Witness showcase the unsettling consequence of industrial palm and rubber plantations across the expanse of West and Central Africa, witnessing the loss of nearly 52,000 hectares of ecologically rainforest since the turn of the century—equivalent to an expanse 16 times the size of Brussels.

A 2021 study led by Cameroonian researcher Professor Tchindjang Mesmin also revealed that palm oil cultivation in the dense forest regions of Cameroon has emerged as the principal catalyst behind deforestation since the year 1990.

In a sharp critique, Mr. Elong blamed the government of Cameroon for its perceived failure to tackle crucial issues, alleging that the administration displays “worrisome indications of corruption,”, especially in the enforcement of retrocession agreements between Socfin and the State.

Cameroon’s Minister of Environment and Protection of Nature, Pierre Hélé did not respond to our requests for comment.

In June 2023, the EU introduced regulations on deforested products to address the challenge of rubber and oil plantation-driven deforestation,

The EU remains the biggest export destination for palm oil and rubber cultivation from West Africa. Data from the Observatory of Economic Complexity shows that the EU imported over $500 million worth of natural rubber from West Africa in 2020 making natural rubber the EU’s most significant import from West Africa in terms of rainforest destruction.

The effect has been the loss of critical rainforests, with a damning impact on local communities, biodiversity, and the environment.

Dr. Addo Koranteng, Senior Research Fellow at the Institute of Research Innovation and Development in Ghana lauded the EU’s legislative action against deforestation.

Nonetheless, his commendation is accompanied by a stark warning: “The expansion of rubber plantations must be halted as these rubber-producing trees compete with other forest trees for the already depleted forest land.”

Dr. Koranteng’s concerns are underscored by an inconvenient truth: “As world market prices surge and global demand exacerbate, the extent of deforestation from these commodities will keep on increasing,” he explained.

Recent research compounds the urgency of the situation. Estimates project a need for an astounding 4.3 to 8.5 million hectares of new plantations to meet the mounting demand for natural rubber by the year 2024. Experts are ringing alarm bells, cautioning that this trajectory, if left unchecked, will unleash a cataclysmic toll on precious forests around the world.

So far, our investigation has revealed a notable absence: Neither Socfin nor its Cameroon-based subsidiaries currently have made any commitment to the High Carbon Stock Approach (HCSA), the de-facto standard for zero deforestation in the sector.

Greenpeace has sounded a dire warning, asserting that Socfin’s steadfast refusal to adopt a zero-deforestation policy poses an ominous and substantial threat to the forests of Cameroon, within which the company operates.

Socfin did not respond to email inquiries seeking comment.

Way Forward

A decade-long saga of legal battles in French courts has so far yielded little solace for the numerous villagers residing in proximity to Socapalm plantations.

For these villagers whose ancestral lands have been lost to the expansive reach of Socapalm’s plantations, the passage of time has failed to bring about the restitution they so desperately seek.

“The plight we face is beyond words – a dire and miserable reality,” said villagers from Bikondo and Lendi.

There is however a glimmer of hope as legal practitioner, Agboranyor Jeniffer, with a wealth of expertise in Cameroon’s Common Law and Administrative Court, believes there might be a viable solution on the horizon.

Peering into the intricacies of Prime Ministerial Decree No. 2022/5074PM, she points out a potential avenue: the possibility of initiating legal action against the Government of Cameroon. She cites Section 2(3) of Law No. 2006/022, enacted on December 29, 2006, which lays down the framework for the organization and operation of administrative courts in Cameroon.

“Under this legal framework, the court’s jurisdiction extends to pivotal matters including, but not limited to; claims for compensation due to losses caused by administrative actions and disputes centered around state-owned land,” she explained.

Jeniffer’s analysis offers a flicker of optimism for those who have long grappled with the repercussions of Socapalm’s operations.

As the legal landscape continues to evolve, these insights may hold the potential to redress grievances, foster justice, and pave the way for meaningful change in the lives of the affected communities.

Reporting by Gideon Sarpong and Robert Abunaw. Writing and editing by Gideon Sarpong.

The post Whispers of Injustice: Socfin’s decade of legal battle echoing in communities across Cameroon appeared first on iWatch Africa.