Legal report on the ecosystem approach to fisheries in South Asia
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Legislating for an ecosystem approach to fisheries (EAF) is complex, due to the holistic nature of EAF involving multiple factors that underpin the social, economic, environmental, and institutional aspects of fisheries sustainability. These factors include ecosystems integration, risks, inter-sectoral collaboration, research, participatory processes, monitoring, control, surveillance, and enforcement, among others. To assess how the EAF is being implemented through national policy and legal frameworks, FAO – through the Development Law Service (LEGN) of the FAO Legal Office, in collaboration with the Assessment and Management Team (NFIFM) of the FAO Fisheries and Aquaculture Division, and the EAF-Nansen programme – developed the EAF Legal Diagnostic Tool, which was applied in 33 countries.In advancing the implementation of the EAF through national policy and legal frameworks, FAO has partnered with BOBP-IGO in developing this first subregional EAF legal report, which covers countries in South Asia. This report revisits the EAF legal reports of Bangladesh, India, Maldives and Sri Lanka to showcase their key common features and good practices of implementing the EAF through these countries’ policy and legal frameworks. This analysis is useful to demonstrate the subregional experience in support of the implementation of the EAF from a policy and legal perspective. The relevant policy references and legal provisions can be used as inspiration for other countries in South Asia and elsewhere, assisting them to review and enhance their policy and legal frameworks for better implementation of the EAF.The overall results of the EAF legal reports show that the assessed instruments of Bangladesh, India, Maldives and Sri Lanka have met a fair number of EAF legal requirements, but there remain gaps to be addressed. For the EAF legal components which were not found in the assessed policy and legal instruments of one or more countries, it is recommended to assess in more detail how the same component was provided in the policy and legal instruments of the other country or countries. This assessment can help understanding how the EAF legal component can be met, potentially supporting policymaking and legal drafting to better address that gap.