Shedding a Light on the Human Rights of Small-scale Fishers: Complementarities and Contrasts between the UN Declaration on Peasants’ Rights and the Small-Scale Fisheries Guidelines

in Brunori et al, Commentary on the Declaration on the Rights of Peasants (Routledge, 2021 Forthcoming)

33 Pages Posted: 24 May 2021 Last revised: 11 Jun 2021

See all articles by Elisa Morgera

Elisa Morgera

Strathclyde Law School

Julia Nakamura

University of Strathclyde

Date Written: May 20, 2021

Abstract

The UN Declaration on Peasants’ Rights (UNDROP) underscores the need for a coherent interpretation and application of existing international human rights to the specific context of small-scale fisheries (SSF), including small-scale marine and continental capture fishing, small-scale aquaculture, related preparatory works and cultural practices. It complements the UN Food and Agriculture Organization (FAO)’s Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the context of food security and poverty eradication (SSF Guidelines), which were the first international instrument entirely dedicated to SSF. The two instruments originate from forums that frame issues and respective responses differently, involving individuals and specialised international bodies with distinct interests and areas of expertise (human rights and fisheries, respectively), and having garnered differing levels of intergovernmental support. The two instruments thus offer their own particular perspectives on how international law currently relates to the challenges and contributions of SSF. Against this backdrop, this Chapter will analyse and compare the contributions of the UNDROP and the SSF Guidelines to the recognition, protection, respect and full realisation of the human rights of peasants involved in SSF and to the sustainable use of natural resources in SSF, with a view to supporting the relevant Sustainable Development Goals (SDGs).

Keywords: UN Declaration on Peasants’ Rights, Small-Scale Fisheries Guidelines, human rights, Sustainable Development Goals

Suggested Citation

Morgera, Elisa and Nakamura, Julia, Shedding a Light on the Human Rights of Small-scale Fishers: Complementarities and Contrasts between the UN Declaration on Peasants’ Rights and the Small-Scale Fisheries Guidelines (May 20, 2021). in Brunori et al, Commentary on the Declaration on the Rights of Peasants (Routledge, 2021 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3850133 or http://dx.doi.org/10.2139/ssrn.3850133

Elisa Morgera (Contact Author)

Strathclyde Law School ( email )

Lord Hope Building
141 St James Rd
Glasgow 1XQ, Scotland
United Kingdom

HOME PAGE: http://www.strath.ac.uk/research/strathclydecentreenvironmentallawgovernance/

Julia Nakamura

University of Strathclyde ( email )

16 Richmond Street
Glasgow 1XQ, Scotland G1 1XQ
United Kingdom

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