A/HRC/55/49
and secure development of fisheries and a key tool for achieving various Sustainable
Development Goals.14
18.
The Voluntary Guidelines are key to fulfilling the right to food in the broadest sense,
in the context of climate change and biodiversity loss. They provide an authoritative
interpretation of peoples’ legal entitlements in regard to small-scale fishing and concomitant
State human rights obligations, enabling policy coherence across institutions. 15 As such, they
must be interpreted in the light of international law and relevant human rights instruments
such as the United Nations Declaration on the Rights of Indigenous Peoples, the
United Nations Declaration on the Rights of Peasants and Other People Working in Rural
Areas, and the Voluntary Guidelines on the Responsible Governance of Tenure of Land,
Fisheries and Forests in the Context of National Food Security. Any contradictions and
tensions within international law and among the instruments must be interpreted in a way
that advances the full realization of human rights.
19.
The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the
Context of Food Security and Poverty Eradication are necessary to address the long-standing
political marginalization and exclusion of small-scale fishing communities. Small-scale
fishers have the right to active and free participation, directly and/or through their
representative organizations, in the entire decision-making process related to the preparation
and implementation of policies, programmes and projects that may affect their lives, land and
livelihoods.16 In turn, States must consult and cooperate in good faith with coastal and riparian
communities, taking into consideration existing power imbalances between different parties
and avoiding discrimination against vulnerable groups. 17 States must ensure these
consultations enable the active, free, effective, meaningful and informed participation of
individuals and groups in associated decision-making processes prior to the implementation
of activities such as: the implementation of large-scale projects; the adoption of policies and
management measures related to the migration of fishers and fish workers, international trade,
climate change and disasters; inland and marine spatial planning; and the setting of research
priorities.18
20.
For example, Uganda enacted the Fisheries and Aquaculture Act, 2022, to regulate
the conservation and management of fish resources and involve diverse groups, including
women, youth and other sectors, in that area. As part of this effort, Uganda formed a national
task team in November 2022, comprising representatives of civil society organizations,
government officials and other stakeholders, to develop a national plan of action for
implementing the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in
the Context of Food Security and Poverty Eradication. Furthermore, civil society
organizations in Uganda have established forums that unite small-scale fishers and
policymakers at the national, regional and international levels to engage in discussions
regarding the status and concerns of small-scale fishing communities.19 The Governments of
the United Republic of Tanzania and Zimbabwe have also implemented national plans of
action implementing the Voluntary Guidelines.20
14
15
16
17
18
19
20
GE.23-26071
See https://www.fao.org/3/cb4939en/cb4939en.pdf.
Voluntary Guidelines, sect. 10.
Ibid., para. 3.1, guiding principle 6; United Nations Declaration on the Rights of Peasants and Other
People Working in Rural Areas, arts. 2 and 10; and FAO, International Year of Artisanal Fisheries
and Aquaculture 2022, p. 4.
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas,
art. 2 (3); and Voluntary Guidelines, para. 3.1, guiding principle 6.
Voluntary Guidelines, paras. 5.10, 6.10, 7.7, 7.9, 9.2, 9.6 and 11.9; and United Nations Declaration on
the Rights of Peasants and Other People Working in Rural Areas, arts. 10 (1) and (2).
Submission from FIAN Uganda.
Submission from the Government of Zimbabwe; see also
https://www.fao.org/fileadmin/user_upload/ssf/documents/Tanzania_National_Plan_of_Action_Book
.pdf.
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