Indigenous Peoples have a deep connection with aquatic ecosystems and resources. For fshing-dependent indigenous communities, fshing is not just an occupation and fsh is not just a commodity. Fisheries are the basis for – and an integral element of – their cultures, spiritual beliefs, traditional knowledge and food systems. However, the distinct rights of Indigenous Peoples in the context of fsheries are generally not well understood or recognized. In many countries, colonial and discriminatory legislation and policies are still in force and fail to recognize Indigenous Peoples’ customary fshing rights. This situation is refected in licenses, quota, permits and unsustainable fshing subsidies that favor industrial fshing over small-scale fsheries, and industrial fsh farms over traditional management practices. Thereby, Indigenous Peoples are deprived of the fundamental rights to practice their traditional occupations and pursue sustainable use of their resources. This undermines not only their right to food, but also their collective rights to self-determination, to lands, territories and resources and to culture, knowledge and identity, among others. In most cases, Indigenous fshers are not involved in discussions about laws and policies that affect them and, consequently, do not take part in decision-making. This constitutes an ongoing violation of Indigenous Peoples’ rights to be consulted, to participate in decision-making and to give or withhold Free, Prior and Informed Consent (FPIC) to measures that affect them. Where international instruments, national legislation and jurisprudence have recognized Indigenous Peoples’ rights in the context of fsheries, these gains are often not implemented or translated into practice on the ground. One factor that undermines the realization of Indigenous Peoples’ rights is the lack of coherence between the many conficting layers of laws and policies that govern the fsheries sector. Sometimes the implementation gap is simply due the lack of political will of those in power or related to economic interests. In their operations, industrial fshing and aquaculture companies often fail to respect Indigenous Peoples’ rights. When their traditional livelihoods are undermined, Indigenous fshers and fsh workers are at risk of being exploited in the context of industrial fsheries. In the worst cases, the industrial fshing companies operate with disregard for fundamental labour rights, leading to poverty, disabilities, and deaths. The impact of discriminatory laws, policies and practices is further aggravated by impacts from other sectors, such as infrastructure, energy, mining and tourism. The transboundary impacts of pollution, climate change and biodiversity loss add to the seriousness of the situation. Indigenous Peoples are facing the challenge of asserting their rights amid an environmental and climate crisis that affects most of the world’s aquatic ecosystems and fsh stocks. Indigenous Peoples have traditional knowledge that is crucial for the conservation and sustainable use of aquatic resources and ecosystems, but this is often disregarded in legialtion and policies. Without partnerships with Indigenous Peoples, the pledge to achieve the Sustainable Development Goals (SDGs) and to leave no one behind will not advance. In summary, Indigenous Peoples’ rights in the context of fsheries are still not well understood or refected in laws and policies. Consequently, there are numerous examples of Indigenous fshers being criminalized for simply practicing their customary fshing rights. This may be further aggravated if the establishment of Marine Protected Areas and other conservation measures are undertaken without the meaningful participation of Indigenous Peoples, and without the consideration for their traditional knowledge.

Indigenous People’s Customary Fishing Rights: Key Issues and Input from the Expert Meeting on Indigenous Peoples and Fisheries, 2023

Resource Key: 4CUTHLJP

Document Type: Report

Creator:

Author:

  • IWGIA
  • Danish Institute for Human Rights

Creators Name: {mb_resource_zotero_creatorsname}

Place: Copenhagen, Denmark

Institution: IWGIA & Danish Institute for Human Rights

Date: June 2023

Language:

Indigenous Peoples have a deep connection with aquatic ecosystems and resources. For fshing-dependent indigenous communities, fshing is not just an occupation and fsh is not just a commodity. Fisheries are the basis for – and an integral element of – their cultures, spiritual beliefs, traditional knowledge and food systems. However, the distinct rights of Indigenous Peoples in the context of fsheries are generally not well understood or recognized. In many countries, colonial and discriminatory legislation and policies are still in force and fail to recognize Indigenous Peoples’ customary fshing rights. This situation is refected in licenses, quota, permits and unsustainable fshing subsidies that favor industrial fshing over small-scale fsheries, and industrial fsh farms over traditional management practices. Thereby, Indigenous Peoples are deprived of the fundamental rights to practice their traditional occupations and pursue sustainable use of their resources. This undermines not only their right to food, but also their collective rights to self-determination, to lands, territories and resources and to culture, knowledge and identity, among others. In most cases, Indigenous fshers are not involved in discussions about laws and policies that affect them and, consequently, do not take part in decision-making. This constitutes an ongoing violation of Indigenous Peoples’ rights to be consulted, to participate in decision-making and to give or withhold Free, Prior and Informed Consent (FPIC) to measures that affect them. Where international instruments, national legislation and jurisprudence have recognized Indigenous Peoples’ rights in the context of fsheries, these gains are often not implemented or translated into practice on the ground. One factor that undermines the realization of Indigenous Peoples’ rights is the lack of coherence between the many conficting layers of laws and policies that govern the fsheries sector. Sometimes the implementation gap is simply due the lack of political will of those in power or related to economic interests. In their operations, industrial fshing and aquaculture companies often fail to respect Indigenous Peoples’ rights. When their traditional livelihoods are undermined, Indigenous fshers and fsh workers are at risk of being exploited in the context of industrial fsheries. In the worst cases, the industrial fshing companies operate with disregard for fundamental labour rights, leading to poverty, disabilities, and deaths. The impact of discriminatory laws, policies and practices is further aggravated by impacts from other sectors, such as infrastructure, energy, mining and tourism. The transboundary impacts of pollution, climate change and biodiversity loss add to the seriousness of the situation. Indigenous Peoples are facing the challenge of asserting their rights amid an environmental and climate crisis that affects most of the world’s aquatic ecosystems and fsh stocks. Indigenous Peoples have traditional knowledge that is crucial for the conservation and sustainable use of aquatic resources and ecosystems, but this is often disregarded in legialtion and policies. Without partnerships with Indigenous Peoples, the pledge to achieve the Sustainable Development Goals (SDGs) and to leave no one behind will not advance. In summary, Indigenous Peoples’ rights in the context of fsheries are still not well understood or refected in laws and policies. Consequently, there are numerous examples of Indigenous fshers being criminalized for simply practicing their customary fshing rights. This may be further aggravated if the establishment of Marine Protected Areas and other conservation measures are undertaken without the meaningful participation of Indigenous Peoples, and without the consideration for their traditional knowledge.

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