Gender and Human Rights in Coastal Fisheries and Aquaculture: A Comparative Analysis of Legislation in Fiji, Kiribati, Samoa, Solomon Islands, Tonga and Vanuatu
Publisher: Pacific Community
Author(s): Alison Graham and Ariella D’Andrea
Date: 2021
Topics: Gender, Governance, Renewable Resources
Countries: Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Vanuatu
This study was undertaken by SPC to examine the opportunities for and barriers to human rights application in coastal fisheries and aquaculture legislation in Fiji, Kiribati, Samoa, Solomon Islands, Tonga and Vanuatu. It provides a comparative analysis of national legislation against gender and human rights requirements as applicable to small-scale coastal fisheries and aquaculture in the six Pacific Island countries and proposes concrete legal and policy recommendations for each country.
Under international human rights law (IHRL), governments are obligated to respect, protect and fulfil human rights through all policies and legislation. This means that neither conservation nor economic development can take priority. Human rights come first. Even when the life of the nation is at risk, many rights are non-derogable, such as the right to life, which includes the rights to an adequate standard of living, health and social security.
The report is a desk review of applicable legislation and policies, as well as the findings of non-governmental organisations (NGOs), academics and intergovernmental organisations, such as the United Nations (UN), the Food and Agriculture Organization of the United Nations (FAO) and SPC. It recognises the progress made in protecting the human rights of small-scale coastal fishers and fish workers, and highlights areas of improvement. It evaluates the main pieces of legislation covering fisheries and aquaculture, as well as legislation governing the environment and land, against the requirements of the primary human rights treaties.
These treaties include, most notably, the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR), the 1966 International Covenant on Civil and Political Rights (ICCPR) and the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Also relevant are the 2018 UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) and the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
Given the complexity of legal systems that include customary laws, local ordinances and statutory legislation in Pacific Island countries and territories (PICTs), the study presents only an indication of some of the issues at stake, rather than an exhaustive analysis. Despite these limitations, it provides a solid platform for future work by identifying key areas that need strengthening in the face of climate change and increasing globalisation.
The report first outlines the general context and situation of small-scale coastal fishers and fish workers worldwide, including the threats they face, before reviewing the applicable human rights standards and principles and introducing the specific situation in the Pacific Island region. The report then provides country-specific analyses outlining the main legislation and the primary human rights issues. It acknowledges the positive work being done in each country and suggests areas for improvement.