Human rights instruments relevant to small scale
fisheries with special attention to the right to food
By
Margret Vidar, Legal Officer, Development Law Service
of the
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Presentation outline
 Why a human rights based approach to development
 International human rights instruments of relevance to small scale
fisheries
 The right to food in international law
 Linkages to other human rights
 The right to food in FAO
 Right to Food Guidelines
 Summits and COFI
 Tenure Guidelines – Implementation Guidelines on Fisheries
 Human Rights Principles
 General
 In fisheries
 The special case of indigenous peoples & FPIC
Why a human rights-based approach to development?
Intrinsic value

Based on universal values

Universal legal standards for a life with dignity
Instrumental to development strategies

Addresses power inequalities and discrimination

Deals with weaknesses in accountability systems

Objective framework to manage conflicts and seek redress
Institutional reasons (UN comparative advantage)

Impartiality to deal with sensitive issues

Holistic analysis and integral responses to problems
Source http://hrbaportal.org/common-learning-package-on-hrbahttp://hrbaportal.org/common-learning-package-on-hrba
Key international human rights instruments
Universal Declaration of Human Rights
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
International Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Discrimination against Women
Convention on the Rights of the Child
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families
Declaration on the Right to Development
ILO Declaration on Fundamental Principles and Rights at Work; and Work in Fishing
Convention, many other conventions relating to above Covenants
United Nations Declaration on the Rights of Indigenous Peoples
ILO Convention 169 on Indigenous and Tribal Peoples
The Right to Food – International Law
• The right of everyone to an adequate standard of living,
including adequate food
• The fundamental right of everyone to be free from hunger
International Covenant on Economic, Social and Cultural Rights 160 State Parties
State obligations
Under the terms of Articles 2 and 11 of the
International Covenant on Economic, Social and
Cultural Rights , general State obligations with respect
to the right to food are the following:
a) obligation to take steps to the maximum of available resources to
progressively realise the right to food
b) obligation to take measures needed to ensure the fundamental right of
everyone to be free from hunger
c) obligation of non-discrimination
d) obligation to co-operate
State obligations applied to small scale fisheries
OBLIGATION TO RESPECT
A State cannot reallocate fishing rights away from
small scale fishers if this results in preventing them
from fishing for their food and basic livelihoods.
OBLIGATION TO PROTECT
OBLIGATION TO FULFIL
The State must act to protect small scale fishing rights
so as to prevent third parties (individuals, groups,
enterprises and other entities) from illegally interfering
with their fishing rights and thus deprive them of the
right to food.
The State must create conditions allowing for the
effective realisation of the right to food, e.g. enabling
small scale fishers to continue fishing.
Linkages with other human rights
All human rights are universal, indivisible and interdependent and interrelated.
Vienna Declaration of Human Rights, para 5
 Right to food cannot be fully realized without the right to health, education, work,
assembly, information, association, participation etc.
Small scale fisheries guidelines need to incorporate and give practical
effect to all relevant human rights
Right to food in FAO
1965: FAO Constitution amended and inputs provided to ICESCR article 11.2 :
Freedom from hunger
World Food Summit 1996 recognized and called for clarification
World Food Summit: 2002 mandated Voluntary Guidelines on the Progressive
Realization of the Right to Adequate Food in the Context of National Food Security
Right to Food Guidelines adopted by FAO Council in 2004
Voluntary Guidelines on Responsible Tenure of Land, Fisheries and Forests in the
Context of National Food Security
• Adoption by Open Ended Working Group in March 2012, CFS in May 2012
• Use rights based approach
• Build on Guideline 8 of Right to Food Guidelines
Right to food in FAO
Right to food guidelines and small scale fisheries
Economic development policies
Strategies
Resources and Assets
Inclusiveness and non-discrimination
Fair return from labour, capital and management
Women, vulnerable groups, traditionally disadvantaged
Small-scale and traditional fishers
Respect and protect resource access, especially for livelihoods
Economic opportunities for vulnerable groups
Sustainable management of fisheries
Right to food in FAO
Voluntary Guidelines on the Responsible Governance of Tenure of
Land, Fisheries and Forests
• Human rights principles
• Special attention to vulnerable groups
• Recognize, respect, safeguard, facilitate enjoyment of tenure
rights
• Provide access to justice
• Prevent tenure disputes, violent conflict and corruption
• Responsibilities for private sector
• Indigenous peoples, customary tenure, Informal tenure
Right to food in FAO
2007 FAO Committee on Fisheries
“The Committee expressed its support for the strategy of action
...that brings together responsible fisheries and social
development.....The strategy is based on a shift towards rights-based
fishing that respects the rights of present and future generations,
addresses broader human rights principles when defining and
allocating rights, and supports empowerment of fishing communities
through social inclusion and capacity and capability-building.”
Human rights principles
Participation
Accountability
Non Discrimination
Transparency
Human Dignity
Empowerment
Rule of Law - Recourse
Participation
• Free, full, meaningful
• Policy and programme design, delivery, monitoring
• Culturally sensitive so men, women, young, old, different ethnic
or social groups can and do participate
Stakeholder representation in fisheries management bodies
Small scale fisheries represented
Devolution of fisheries management to local communities
Accountability
•
Decision-makers politically and legally accountable
•
Public officials administratively accountable for administrative decisions
•
Complaints accepted and clarity about where and how to complain
Fisheries legislation has clear provisions on institutional roles and
responsibilities of different actors
Breaches of fisheries law are punished and deterred
Non Discrimination – focus on vulnerable groups
• Discrimination - Race, Sex, Religion, Social Origin, Property, Birth, Other Status
Equal rights, opportunities and rewards
Special measures to redress effects of past discrimination
Recognizing the differing roles, needs and priorities of men and women
• Identify
Physiologically, Socially, Economically Vulnerable Persons and Groups
• Different treatment for different groups
Fisheries legislation pays special attention to indigenous groups,
women, minorities, protection of children
Differentiates between small scale and industrial fishing
Transparency
•
Freedom of Information
•
Entitlements and other rights
•
Spending – budgets
•
Rights allocations
•
Recourse
•
Accessible language
Clarity and communication of fisheries management measures,
including consideration for traditional fishers
Quota and other fishing rights allocations are published
Human dignity
• Hunger is a violation of human dignity
• People should not have to beg for food entitlements
• Scavenging on rubbish heaps is undignified
• Receiving assistance should not be humiliating
Fisheries enforcement measures respect human dignity
Fish workers and fishers have dignified conditions of work
Empowerment
•
People know they have human rights
•
They know their entitlements to assistance & services
•
They can hold officials accountable
•
Application of other principles + education
Small scale fishers know their human and fishing rights and how to
claim them.
Small scale fishers have access to general and specific education to
help them improve their livelihoods
Rule of law - recourse
•
Laws are binding on the ruled and on rulers
•
Administrative recourse effective
•
Court action possible
Decisions on fisheries are taken in accordance with law and on the
basis of legal authority
Information about recourse is easily accessible to all, including small
scale fishers
Special measures for access to justice for small scale fishers
Human Rights of Indigenous Peoples
UN Declaration on the rights of indigenous people
Self-determination, i.e. right of all peoples to freely pursue their
economic, social and cultural development
Development “with identity”, i.e. peoples’ socio-cultural
expressions, values, and traditions should not be threatened by the
development process
Free, Prior and Informed Consent, demands that states and
organizations of all kinds and at all levels obtain indigenous peoples’
authorization before adopting and implementing projects,
programmes, or legislative and administrative measures which may
affect them
Human Rights of Indigenous Peoples (continued)
Land rights and natural resources: indigenous peoples are entitled
to own, use, develop and control the lands, territories and resources
that they possess by reason of traditional ownership, occupation or
use
Cultural rights are fundamental for indigenous peoples as their
cultures are distinct and threatened by continuous change and
pressures for assimilation
Collective rights are indispensable for the survival, well-being and
integral development of indigenous peoples as distinct human groups
Conclusion
A human rights approach demands that we
pay special attention to fisheries in terms
of food security and basic livelihoods.
THANK YOU FOR YOUR ATTENTION