MP calls for review of laws to protect fishermen

Opposition Home Affairs spokesman Gavin Gulia yesterday called for a review of legislation to offer better protection for fishermen involved in clashes in the contiguous zone and the high seas. He also insisted that the AFM maritime squadron needed to be better equipped to enforce the law.

He was speaking during a debate on an opposition motion expressing solidarity with tuna fishermen following clashes with foreign fishermen and condemning the incidents. It also called on the government to take whatever measures were necessary to protect the fishermen and safeguard their rights.

Dr Gulia said Maltese and Gozitan fishermen had lost fishing gear allegedly because of the actions of foreign fishermen outside Malta's territorial and contiguous zone at the beginning of this month.

This was not the first time that such incidents had happened on the high seas. Indeed there had been what practically amounted to a tuna war last year and a Maltese patrol boat allegedly ended up firing and hitting a Maltese boat.

This motion, he said, did not condemn the Maltese government, but the incidents which had taken place. It was urging the government to take measures to protect Malta's fishermen.

Referring to the legal position, Dr Gulia observed that the Criminal Code, considered protection and the prosecution of crimes which took place outside Malta's territory, but this applied to crimes which took place on Maltese registered ships, wherever they were. There could be a situation where a Maltese fisherman on a Maltese boat was injured because of the action of a foreigner on the high seas. The law, clearly, needed to be reconsidered in view of the clashes between fishermen on the high seas. It was intolerable that Maltese fishermen suffered damages because of the abusive actions of others on the high seas.

The Territorial Waters and Contiguous Zone Act made a distinction between territorial waters, which stretched to 12 miles from the coast, and the contiguous zone, which extended from that 12 mile limit to 25 miles from the coast. Beyond that came the high seas, which was no man's land.

The state had absolute jurisdiction over its territorial waters. But with regard to the contiguous zone, Malta could prosecute criminal action only over cases involving violation of customs, financial, emigration and health laws. There was therefore no protection for fishermen when they were attacked and suffered damages. Parliament in this case too needed to make provision in the law for clashes between fishermen.

All fishermen on Maltese registered boats deserved to be protected. But the state also had to have the means to provide such protection. Unfortunately the AFM's maritime squadron appeared to be in a sorry state and the police had nothing than two speedboats to enforce the law on the seas.

Concluding, Dr Gulia also called for tougher diplomatic action to prevent a repetition of the clashes that had taken place.

Government speakers in the debate are being reported separately.