A/HRC/55/49
44.
The installation of offshore infrastructure is often accompanied by the creation of
exclusion zones that prevent fishers from accessing fish stocks, leading to loss of livelihoods
and food insecurity. In Guyana, for example, platform supply vessels cross and obstruct the
traditional fishing grounds. 53 Despite official notices on marine safety, illiteracy among
fishers prevents them from being informed, leading to safety risks and minimal compensation
for damages.
45.
Extractive industries contribute to climate change by affecting ocean temperatures,
acidity and currents, as well as the distribution and behaviour of fish populations. In Mexico,
water temperature has risen in various regions, generating meteorological phenomena, such
as Hurricane Otis.54 In 2022, fishers in Durban, South Africa experienced devastating floods,
with over 400 people killed in a few days. Fishers lost houses and loved ones and were then
prohibited from fishing for months afterwards.55 In the Niger delta, oil spills and gas leaks
continue to cause significant environmental damage. Several offshore projects threaten
marine artisanal fisheries in Mauritania, Senegal and South Africa. Although some of the
companies responsible have been brought before national courts in host countries, it is still
difficult for small-scale fishing organizations to obtain any relief.56
46.
There are, however, some small, encouraging developments. In South Africa, for
example, small-scale fishers achieved notable successes in building solidarity through
litigation. Three High Court judgments handed down in 2022 and 2023 address the right to
adequate consultation, recognition of customary rights and the impact of oil and gas
exploration on the human rights of small-scale fishers.57
47.
Climate change science, however, can only partially help coastal and fishery
communities. Adaptation is as much a set of political, social and cultural decisions as it is an
economic and ecological decision. This includes territorial use rights for fishing, locally
managed marine areas and customary tenure. Tenure systems are key in fisheries
management since they determine who can access, use and control land and water resources.
48.
Ultimately, a community’s ability to adapt to climate change is determined by the
ability of shared norms, values and understandings to enable cooperation; the degree of
community participation in decision-making; and the ability to simultaneously work with
traditional, Indigenous and scientific knowledge systems. In fact, fishers with a high degree
of localized knowledge are on the front line, since they can quickly identify signals of change
within their environment, recognize the need to adapt and identify ways to overcome new
challenges.58
49.
Climate change creates profound inequality because it harms those who have
contributed the least to greenhouse gas emissions. In turn, inequality – especially in terms of
income and gender – undermines the ability to effectively enact sustainability policies, and
also undermines inclusive decision-making processes, the fair and equitable sharing of
benefits, and the benefits derived from tradition and Indigenous knowledge. 59
53
54
55
56
57
58
59
10
Submission from Janette Bulkan, Associate Professor, and John Palmer, Honorary Research
Associate, University of British Columbia.
Submission from the Government of Mexico (in Spanish).
Submissions from Jackie Sunde, One Ocean Hub small-scale fisheries research team, University of
Cape Town, and from the KwaZulu-Natal Subsistence Fisherfolk Forum.
Submission from the Coalition for Fair Fisheries Arrangements.
See submission from the KwaZulu-Natal Subsistence Fisherfolk Forum.
Intergovernmental Panel on Climate Change, IPCC Special Report on the Ocean and Cryosphere in a
Changing Climate (2019), pp. 534–538; and Intergovernmental Panel on Climate Change, Pörtner
and others, eds., Climate Change 2022, p. 767.
Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, Summary for
Policymakers of the Global Assessment Report on Biodiversity and Ecosystem Services (Bonn, 2019),
p. 17.
GE.23-26071