A/HRC/40/56
Lanka, Thailand and Timor-Leste, and they are unable freely to join or form unions to
collectively advocate for their rights.
4.
Indigenous peoples and coastal communities
45.
Nearly 2.5 billion people, or 40 per cent of the world’s population, live in coastal
zones and rely on fisheries as a source of food and income and as a buffer against economic
shocks. 55 They include indigenous peoples, for whom fisheries are the main source of
animal protein – up to 15 times more than the global average 56 – and sites of cultural
expression. The United Nations Declaration on the Rights of Indigenous Peoples
acknowledges and upholds traditional, long-standing rights to fishing areas and resources
(art. 26).
46.
Nevertheless, the creation of conservation or marine protected areas, large-scale
development projects, tourism, natural resource extraction and industrial aquaculture
threaten the rights of indigenous and non-indigenous communities alike. A proposal to
designate the Eastern Shore Islands of Nova Scotia as a marine protected area, for example,
has raised concerns among the Nova Scotia Mi’kmaq chiefs about the potential impacts of a
“no-take” zone on indigenous fishers, a concern shared by the local non-indigenous lobster
fishers.57 The depletion of coastal fish stocks due to industrial fishing, marine pollution and
climate change is further forcing small-scale fishing communities to attempt long-distance
fishing, despite fishers lacking the equipment necessary to protect themselves against
unpredictable weather conditions. Small-scale fishers may also seek employment with
larger industrial operations, which are more dangerous and exploitative.
47.
In some cases, communities are simply forcibly evicted without adequate notice,
consultation or compensation, which adversely affects the realization of their right to food.
In the aftermath of Hurricane Irma, for example, the central Government in Antigua and
Barbuda passed legislation privatizing landownership in order to attract investment, thus
dispossessing the 1,600 inhabitants of Barbuda who rely on fisheries for their livelihoods. 58
IV. Legal framework
48.
The full enjoyment of human rights and labour rights for all fishery workers is a
necessary precondition for the realization of the right to food (A/73/164, para. 27). To that
end, and as labour rights and human rights are interdependent, indivisible and mutually
inclusive, fishery workers are entitled to all the relevant human rights and labour rights
protections that are guaranteed under international and domestic law. Unfortunately, rising
demand for cheap seafood and cheap labour along with it have undermined efforts to create
a comprehensive legal framework to protect fishery workers at the State level.
Jurisdictional uncertainty arising from extraterritorial activities and operations on the high
seas and a lack of resources for implementation and enforcement have created additional
gaps in protection.
49.
To account for the fragmented legal frameworks, the private sector, international
organizations and consumers should take measures to incentivize greater protections for
fishery workers, eliminating labour exploitation along supply chains and ensuring that
fishery workers are included in decision-making processes.
55
56
57
58
Lauretta Burke and others, Reefs at Risk Revisited (Washington, D.C., World Resources Institute,
2011), p. 21.
Abigail Bennett and others, “Contribution of fisheries to food and nutrition security”, 2018, p. 14.
Paul Withers, “Mi’kmaq chiefs reject any ban on Indigenous fishing in marine protected areas”, CBC
News, 17 September 2018.
Joanne C. Hillhouse, “Barbuda’s Hurricane Irma story is about devastation and resilience”, HuffPost,
1 September 2018.
11
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