Protecting Livelihoods of Fishing Communities Sebastian Mathew International Collective in Support of Fishworkers (ICSF) Regional Technical Consultation on Adaptation to a Changing Environment 3 November 2010 Bangkok, Thailand

2 Structure I.ASEAN Socio-cultural community blueprint II.Civil society proposals in relation to livelihood III.UNCLOS, UNFSA, CBD, FAO CCRF provisions related to livelihood IV.ILO instruments of relevance to fisheries- based livelihoods V.WTO instruments and fisheries-based livelihoods VI.Recommendations

3 I. ASEAN SOCIO-CULTURAL COMMUNITY BLUEPRINT People-centred and socially responsible People-oriented and environment-friendly Respect for fundamental freedoms, gender equality, the promotion and protection of human rights and the promotion of social justice Promotion of human development Promotion of social welfare and protection Narrowing the development gap

4 II. Bangkok Civil Society Statement on SSF and ICSF Shared Agenda for Fishing Communities, 2010 Guarantee access rights of small-scale and indigenous fishing communities to territories, lands and waters on which they have traditionally depended for their life and livelihood Recognize, promote and protect the diversified livelihood base of fishing communities Seek the free, prior and informed consent of small-scale fishing communities and indigenous peoples before undertaking activities that may affect their lives and livelihoods Provide support to capacity-building of fishing and indigenous communities to participate in governance of coastal and fisheries resources

5 II. 1 Livelihood and Fisheries Management Recognize and implement the rights of fishing communities to restore, protect and manage local aquatic and coastal ecosystems Prevent privatization of fisheries resources, as through individual transferable quotas (ITQs) and similar systems that promote property rights Declaration, establishment and management of marine protected areas (MPAs) should involve the active participation of local and indigenous communities and small-scale fishers Integrate traditional and indigenous knowledge and customary law into fisheries management decision- making

6 II. 2 Livelihood and Post Harvest Fisheries Protect access of women of fishing communities to fish resources for processing, trading and food, particularly through protecting the diversified and decentralized nature of small- scale and indigenous fisheries Ensure that trade promotes human development, and that it leads to equitable distribution of benefits to fishing communities Promote area-specific labelling that identifies socially and ecologically sustainable fisheries

7 II.3.1 Livelihood and Human Rights Guarantee the rights of fishing communities to basic services such as safe drinking water, education, sanitation, health and HIV/AIDS prevention and treatment services Protect cultural identities, dignity and traditional rights of fishing communities and indigenous peoples Integrate an understanding of gender that shapes fisheries policies at various levels towards sustaining life and livelihoods in fishing communities

8 II.3. 2 Livelihood and Human Rights Guarantee the rights of all categories of workers in fisheries, including self-employed workers and workers in the informal sector, both men and women, to social security and safe and decent working conditions Implement the International Labour Organization (ILO) Work in Fishing Convention 2007, and extend its provisions to include inland and shore-based fishers

9 II.3.3 Livelihood and Human Rights Implement obligations under the Universal Declaration of Human Rights (UDHR) and human rights legislation, including the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child, and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

10 III. UNCLOS, CBD, CCRF Economic needs of coastal fishing communities (UNCLOS Article 61, UNFSA Article 11) Nutritional needs of people of the land-locked and geographically disadvantaged States (UNCLOS Articles 69 and 70) Economic and social development and poverty eradication; sustainable use of biodiversity for meeting food, health and other needs (CBD) Protect the rights of fishers and fishworkers, particularly those engaged in subsistence, small-scale and artisanal fisheries, to a secure and just livelihood (Article 6.18 CCRF) Due recognition to the traditional practices, needs and interests of indigenous people and local communities who are highly dependent on fisheries for their livelihood (Article of CCRF)

11 IV. ILO Conventions of Relevance to Fisheries Forced Labour Convention, 1930 (C. 29); Worst Forms of Child Labour Convention, 1999 (C. 182); Minimum Age Convention, 1973 (C.138); Work in Fishing Convention, 2007 (C.188) Migration for Employment Convention (Revised),1949; Maternity Protection Convention, 2000 (C.183); Promotional Framework for Occupational Safety and Health Convention, 2006 (C.187); Social Security (Minimum Standards) Convention, 1952 (C. 102); and Indigenous and Tribal Peoples’ Convention, 1989 (C.169)

12 V. Trade-related Instruments and Fisheries-based Livelihoods General Agreement on Trade in Services-GATS (Annex on Movement of Natural Persons-Mode 4) Protection of Geographical Indications (GIs) under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement): “Geographical indications are indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”

13 VI. Recommendations Recognize the 2008 Civil Society Statement Recognize the livelihood-related provisions of UNCLOS, UNFSA, CBD, CCRF to strengthen the social pillar of sustainable development Ratify all ILO labour conventions of relevance to fishing communities, including the Work in Fishing Convention, 2007 Mainstream human rights elements into fisheries for a people-centred and socially responsible ASEAN Community

14 Thank you