Shedding a Light on the Human Rights of Small-scale Fisherfolk: Complementarities and Contrasts between the UN Declaration on Peasants’ Rights and the Small-Scale Fisheries Guidelines

Morgera, Elisa; Nakamura, Julia

doi:10.2139/ssrn.3850133

Cited by 10 publications

(12 citation statements)

References 56 publications

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“…Groups who are at greater risk of environmental harm include women, children, older persons, persons living in poverty, members of Indigenous groups, persons with disabilities, ethnic and racial minorities, and displaced persons (Knox, 2018b). Inadequate recognition and consideration of rights is a persistent problem for many groups -including Indigenous Peoples and small-scale fishers (Knox, 2017;Morgera and Nakamura, 2022). Persistent discrimination (including racism and sexism) means that racialized and gendered impacts of coastal development are often ignored and made worse for these groups.…”

Section: Formation Of and Joining Social Movementsmentioning

confidence: 99%

“…Fourth, there is a need for increased state and private sector recognition of, respect for and protection of the rights of Indigenous Peoples, small-scale fishers, and other traditional coastal and ocean-dependent populations. These groups of rights-holders require heightened levels of protection due to their historical discrimination and distinctive relationships with specific coastal or marine areas and resources (United Nations, 2007;FAO, 2015;Morgera and Nakamura, 2022). Specifically, states have a duty to protect the rights of these groups from the potential impacts of marine policies or ocean development activities due to their connection to and susceptibility to impacts on their traditional territories, environments and associated human rights.…”

Section: Protecting Human Rights In the Ocean And Safeguarding Ocean ...mentioning

confidence: 99%

“…The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) clarifies how to interpret international human rights obligations with specific regard to the distinctive cultures and connections to places of Indigenous Peoples (United Nations, 2007). The United Nations Declaration on the Rights of Peasants further clarifies that tenure and access are inherent to the dignity, livelihoods, food security and cultures (i.e., human rights) of Indigenous Peoples, small-scale fishers, and other traditional communities who have historically occupied and relied on an area or resources (United Nations, 2007;FAO, 2012;FAO, 2015;UN Human Rights Council, 2018;Morgera and Nakamura, 2022). International and regional agreementsincluding the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) and the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (EscazúAgreement) -recognize everyone's right to information, participation in decisions and access to justice pertaining to the environment (UNECE, 1998;United Nations, 2018).…”

mentioning

confidence: 99%

“…Due to their universality, international human rights norms, agreements and related obligations are applicable in the oceans, just as on land. All coastal and ocean-dependent populations are thus entitled to human rights -with certain groups being entitled to specific protections due to their status as Indigenous Peoples or small-scale fishers (FAO, 2015;Morgera and Nakamura 2022). Yet, human rights issues and violations are on the rise in the ocean due to the ongoing, rapid and unchecked escalation of human activities in marine and coastal environments (Jouffray et al, 2020;Bennett et al, 2021).…”

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confidence: 99%

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Ocean defenders and human rights

et al. 2023

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Two pressing and overlapping marine policy issues are related to human rights in the ocean and the situation of ocean defenders. Human rights issues and violations are on the rise in the ocean due to the ongoing, rapid and unchecked escalation of anthropogenic activities in marine and coastal environments, which increasingly undermine the fundamental, civil and political, economic, social, cultural or environmental rights of individuals and groups. In this context, it is essential to recognize, support and safeguard the individuals, groups or communities who are mobilizing, advocating or taking action to protect the marine environment, coastal and oceanic territories, and associated human rights from existential threats. Yet, these ‘ocean defenders’ often face marginalization, intimidation, criminalization, threats, violence and murders. The failure to protect the human rights of coastal populations and ocean defenders needs to be urgently rectified by states, the private sector and civil society. We identify six specific areas of urgent action to protect human rights in and related to marine and coastal environments and to support and safeguard ocean defenders.

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Section: Formation Of and Joining Social Movementsmentioning

confidence: 99%

Section: Protecting Human Rights In the Ocean And Safeguarding Ocean ...mentioning

confidence: 99%

mentioning

confidence: 99%

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confidence: 99%

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Ocean defenders and human rights

et al. 2023

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“…A just diving safety culture and the application of human and organisational factors to diving fatalities and accidents is a high priority for the diving community at all levels, involving various organisational and industrial development levels (Lock, 2011;Lock, 2019). Morgera and Nakamura (2021) shed light on the fishers' undermining of social justice and human rights within the UN Declaration on the Rights of Peasants and other people working in rural areas. The development projects analysed in Section 3 highlight the need for policymakers to urgently create an enabling environment that is inclusive of competent marine, labour, and diving safety and security authorities at the macro level in preparing their dive fisher labour force within the blue economy.…”

Section: Call For Competent Marine and Diving Industry Authorities An...mentioning

confidence: 99%

The role of marine and diving authorities in workforce development in the blue economy

Nisa

2022

Front. Mar. Sci.

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Island governments have made decent work and social protection their highest policy priority, aiming to link them to the so-called blue economy sectors such as fisheries. The development of small-scale commercial fishing is primarily driven by transnational fisheries trade and depends on dive fisher labour force facing issues with deficits in decent work, health and safety, and safety at sea provisions. Given the macro-policy priorities for decent work in the transition of small island developing states (SIDS) to blue economy, this paper examines the development interventions in small-scale commercial fisheries trade that have exacerbated unsafe marine working conditions of dive fishers. Despite significant investments in developing commercial fisheries trade, the mismatch between macro-level decisions and micro-level labour needs has hardly been explored via the blue economy and sustainable development goal interlinkages. This study used a qualitative research approach to examine the unsafe working conditions of dive fishers and examined why dive-related accidents and fatalities occur in commercial fisheries in the first place. A systematic approach in the analysis of diving accidents helps the study to, firstly, highlight the gaps between macro policy and practice at the national and global levels. Secondly, the approach helps explore the need for a coherent approach to policy integration that bridges the gap between the macro and operational levels of small-scale fisheries labour force. The study analyses the International Labour Organization’s decent work instruments with SIDS sustainable development priorities for fisheries workforce and points out that governments must be responsible at the macro level for managing accidents at sea and building a safe diving workforce through competent marine and diving authorities.

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