Analysing Legal Framework for Sustainable Management of Marine and Coastal Living Resources in Bangladesh

Abstract

The present study analyzed the legal framework that governs the coastal and marine living resources utilization and conservation in Bangladesh. To assess the implementation realities of the laws, qualitative fieldwork was conducted with three fishing communities in Barisal and Bhola districts. For data collection, several qualitative data collection tools such as individual interview, key informant interview, informal interview, focus group discussion, stakeholder analysis, as well as secondary document analysis were employed. To realize the overarching aim of the research, this study analyzed the existing rules and laws, identified the problems in implementation and suggests for devising effective legal strategies for conservation and development of the living coastal and marine resources of Bangladesh. There are four components in the analyzed laws such as prohibitions, prescriptions, penalties and responsibilities. The result shows that, though majority of laws are detailed in terms of prohibitions, prescriptions and penalties but these laws are not properly applied by the governance system and non-compliance of these laws is rampant. Several causes are identified for such mismanagement. Corruption in local government and law enforcing authorities, lacking of logistic support, insufficient intensive, laxity in enforcement of conservation rules, limited livelihood opportunities, political interference, lack of awareness of fishers about fishing law etc. are some major limitations. This study suggests a number of measures for improved compliance of laws as well as good governance of living coastal and marine resources. The suggestions include elimination of corruption, removal administrative weakness, taking steps for ensuring good governess issues, updating the rules and policy according to reality, reducing the communication gap between administrative body, providing sufficient incentives to all stakeholders, increasing awareness among fishers about the benefits of abiding laws. The findings of the study submit for a new comprehensive legal framework for governing living coastal and marine resources in newly settled maritime zone of Bangladesh. This study will provide a foundation for identifying and incorporating different provisions for a comprehensive legal and policy framework for utilization and conservation of living coastal and marine resources in Bangladesh.