1. Human rights instruments relevant to small scale fisheries with special attention to the right to food
Margret Vidar, Legal Officer, Development Law Service

2. Why a human rights based approach to development
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 2

3. Based on universal values
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 3

4. 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

5. • The right of everyone to an adequate standard of living,
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

6. 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

7. 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
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.
OBLIGATION TO FULFIL
The State must create conditions allowing for the effective realisation of the right to food, e.g. enabling small scale fishers to continue fishing.

8. 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

9. 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

10. Right to food guidelines and small scale fisheries
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 10

11. Human rights principles Special attention to vulnerable groups
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

12. 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.” 12

13. Participation Accountability Non Discrimination Transparency
Human rights principles
Participation
Accountability
Non Discrimination
Transparency
Human Dignity
Empowerment
Rule of Law - Recourse 13

14. Stakeholder representation in fisheries management bodies
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 14

15. Breaches of fisheries law are punished and deterred
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 15

16. Differentiates between small scale and industrial fishing
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 16

17. Quota and other fishing rights allocations are published
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 17

18. Fisheries enforcement measures respect 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 18

19. 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 19

20. Special measures for access to justice for small scale fishers
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 20

21. UN Declaration on the rights of indigenous people
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 21

22. 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 22

23. 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