Fact Sheet No. 1

FACT SHEET NO. 1

JULY 2019

THE HUMAN RIGHTS IMPACTS OF THE FISHERIES AND AQUACULTURE SECTORS IN AFRICA

INTRODUCTION While the fishing and aquaculture sectors contribute to poverty reduction, job creation and food security, globally widespread human rights impact in these sectors have been documented. From labour rights violations involving migrant workers on fishing vessels in Thailand and in processing plants in Bangladesh to impacts on indigenous coastal communities affected by industrial fishing or salmon farming in Southern Chile. Rights impacts concern both fundamental civil and political rights, as well as social, economic and cultural rights. Impacts of the fisheries and aquaculture sectors often have impacts on the rights of specific vulnerable groups, such as women, children and indigenous peoples.

The African continent is no exception to these global trends of negative human rights impacts of the fisheries and aquaculture sectors. In particular, cases of illegal, unreported and unregulated (IUU) fishing, leading to conflicts have been reported, as well as labour rights violations across the various lakes in the continent, including cases of child and forced labour, appalling working conditions on board of fishing vessels in African waters and environmental impacts of fisheries and aquaculture affecting fishing and other communities.

Fisheries agreements can also have a negative impact on the realization of rights of fishing communities. In principle, such fisheries agreements, many of them agreed between the EU and African nations1, have the objective to contribute to the development of the fishing sector, including by generating income, employment, creating or improving infrastructure, promoting efficient management of human resources and capacity building in the sector, and ensuring better supply to the local fish market and facilitate private investments. However, the lack of regulation and poor enforcement of fisheries agreements may result in situations where the Coastal State authorities lose control over the sustainable management and development of their fisheries and aquaculture sectors, with negative impacts on the livelihoods of small-scale communities as well as on the upholding of international human rights standards.

1 European Commission, Sustainable Fisheries https://ec.europa.eu/fisheries/cfp/international/agree Agreements, ments_en

FACT SHEET NO. 2 As part of such EU Sustainable fisheries agreements, the EU pays a lump sum to the host country for fishing access, while also funding sector reforms to develop more sustainable fisheries, such as through the promotion of conservation activities2. The EU has tuna agreements, allowing EU vessels to pursue migrating tuna stocks as they move along the shores of Africa and through the Indian Ocean, and mixed agreements, which allows the EU access to a wide range of fish stocks in the partner country's exclusive economic zone (EEZ) 3. However, poorly designed or enforced fisheries agreements can lead to, among other issues, fleet overcapacity, high competition and conflicts between artisanal and industrial fishing sectors, corruption, destructive fishing practices and human rights violations on board of fishing vessels.

The Mauritius-EU Fisheries Partnership Agreement, signed in 1990, serves as an example. The government of Mauritius claimed that its own national fleet did not have the capacity to harvest the fish in its own waters and that only fish-stocks beyond the reach of local small-scale fishers would be caught under the Agreement, and therefore granted EU vessels the right to fish for tuna in its seas. However, Mauritius only received approximately €0.15 per kilogram of tuna caught by EU vessels, a very small percentage of the €1.38-1.60 that tuna was sold for in the EU market. In addition, according to affected communities, the EU vessels targeted the same species as local fishers resulting in a decrease of 50-60 percent in their catches.4 While this Sustainable Fisheries Partnership Agreement (SFPA) claimed that a significant percentage of the financial compensation received from the EU would be allocated to the interests of local fishers, these fishing communities argued that they did not see any evidence that the 20 percent of this EU compensation were invested for their benefit. As a result, fishers’ organisations, workers’ unions and advocacy groups mobilised and joined forces to fight against the implementation of new SFPAs, and to prevent more of Mauritius’ marine resources from being sold.5

OVERVIEW OF HUMAN RIGHTS IMPACTS The below table describes a number of rights areas that are affected by the fisheries and aquaculture sectors across the African continent, including through a number of illustrative case examples. The list of rights is not exhaustive and only serve an example of possible human rights that can be violated through fisheries and aquaculture activities in Africa.

2 TNI, November 2017.EU Fisheries Agreements: Cheap Fish for a High Price. See: https://www.tni.org/files/publication-downloads/tni_eu_fisheries_agreements_en.pdf 3 Ibid, note 1 4Franco, J., Buxton, N., Vervest, P., Feodoroff, T., Pedersen, C., Reuter, R., & Barbesgaard, M. C. (2014). The global ocean grab: A primer. Retrieved from the Economic Justice Program of the Transnational Institute website, see p. 18: http://www.tni.org/briefing/global-ocean-grab-primer-0. 5World Forum of Fishers People, Newsletter November 2016, p. 6. See:http://worldfishers.org/wp- content/uploads/2016/11/WFFP.Newsletter.Nov_.20161.pdf

FACT SHEET NO. 2

RIGHTS RELEVANT KEY ISSUE EXAMPLES

INTERNATIONAL HUMAN RIGHTS Right to life INSTRUMENTS The decline in fish stocks is not only Violent conflicts and fatalities related to fisheries in Tanzania: Right to life: UDHR an environmental issue but can lead Fisheries are important to the Tanzanian economy. The sector Article 3; ICCPR Article to serious human rights violations directly employ more than 183,000 fishers and 4 million people 6, ACHPR, Article 4 affecting the security of fishing are engaged in fisheries related activities. communities, including the right to According to a report by One Earth Future, due to declining fish Women: CEDAW art. life, liberty and personal security. populations, a rising demand for seafood and efforts to reduce 12, Maputo Protocol, Due to the characteristics of the widespread illegal fishing, there has been an increase in conflicts Article 4. fishing industry and the socio- related to fisheries resources between 1990 and 2017. 498 economic context, the sector is a arrests, 41 fatalities, and 8 abductions have resulted from fisheries Children: CRC Article 6 breeding ground for transnational conflicts. ACRWC, Article 5. crime, leading to adverse impacts of vessel crew. For example, in Lake Victoria, border conflicts of Ugandan and Kenyan fishers have led to security operations, widespread confiscation of fishing gear, and imprisonment of hundreds of fishers. In Lake Tanganyika, Tanzanian fishers were attacked, abducted, and killed by rebel groups for their fish, gear, and boats. Along the coastline, illegal dynamite fishing has caused community protests, clashes between fishers and security forces,

and territorial fights between tourist hotels and fishing communities.6

Fishing vessels as a vehicle for criminal activities: Crimes in the fishing sector have resulted from systemic problems, including weak governance and regulation of the sector, high mobility and invisibility as activities take place away from land.

Cases have been reported where fishing vessels have been used for crime, including for piracy in the Horn of Africa and West Africa,7 the smuggling of migrants and weapons,8 and trafficking of drugs.9 Such criminal activities have affected the right to life,

liberty and personal security of crew members on vessels and fishers at sea.

Right to UDHR Article 25; The depletion of fish stocks due to Illegal, Unreported and Unregulated (IUU) Fishing in Senegal: adequate food ICESCR Article 11; CRC illegal fishing or industrial fishing is Fish is an essential part of the diet in Senegal and accounts for Article 24(2)(c); leading to a threat to food security, almost 80 percent of protein intake. IUU fishing has led to fish Maputo Protocol, especially in countries which highly resources depleting in the region: 37% of all fish caught in West Article 15. depend on fish diet, and in Africa is done so illegally,10 which has led to fish stocks particular for poor fishing unpredictably decreasing in recent years. As a result, communities communities that depend on fishing depending on fishing for their livelihoods in Senegal are suffering for their own consumption and for from food insecurity. sales. Access rights to water-based Industrial shrimp fishing affecting coastal fishing communities in resources are essential in protecting Madagascar: On the west coast of Madagascar, poor fishing fishers’ livelihoods and their/their communities are increasingly affected by industrial shrimp communities’ access to food. trawlers, who catch not only shrimp but also large amounts of Change of access rights may lead to other fish species (bycatch), and thereby affecting the adverse impacts on the livelihoods communities’ livelihoods and access to food, as they have no of communities and their right to other economic or subsistence alternative to fishing.11 food, in particular small-scale fishers. Chinese fishmeal factories in Gambia affecting intake of fish for personal consumption: Locals who once enjoyed fish as part of their daily diet are now struggling to afford it. Large quantities of small fish that were once diverted from the market for human consumption are now being

6Glaser, S, Devlin, C, Lambert, J, Villegas, C, Poinsatte, N. (2018).https://securefisheries.org/fish-wars-tanzania 7 Sarah Glaser, Paige M. Roberts, Robert H. Mazurek, Kaija J. Hurlburt, and Liza Kane-Hartnett, “Securing Somali Fisheries,” One Earth Future Foundation, 2015, http://dx.doi.org/10.18289/OEF.2015.001. 8UNODC. (2010). Smuggling of migrants into, through and from North Africa. https://www.unodc.org/documents/human- trafficking/Migrant_smuggling_in_North_Africa_June_2010_ebook_E_09-87293.pdf 9UNODC. (2008). DRUG TRAFFICKING AS A SECURITY THREAT IN WEST AFRICA. https://www.unodc.org/documents/data-and-analysis/Studies/Drug-Trafficking- WestAfrica-English.pdf 10EJF. (2019). SECURING SUSTAINABLE FISHERIES: ensuring sustainability and social equity in Ghana’s fisheries: https://ejfoundation.org/what-we-do/oceans/ghana 11Mongabay, Will Madagascar’s industrial shrimp trawlers make way for local fishers? 14 March 2018, https://news.mongabay.com/2018/03/will-madagascars-industrial-shrimp-trawlers-make-way-for-local-fishers/ processed to feed animals and farmed fish. Since the opening of one of the fishmeal processing factories, families are struggling to feed their children. With demand pushing up prices, fish is too expensive.12

Overnight exclusion of access rights of small-scale fishers in South Africa: The so-called Individual Transferable Quota (ITQ) policy of 2005 in South Africa led to the sudden denial or loss of the legal right to fish or harvest aquatic resources, excluding 90 percent of the country’s 50,000 small-scale fishers.13 Since many small-scale fishers did not have the skills for alternative livelihoods, many still continued fishing, but in an illegal, unprotected manner, including fishing and trading illegal abalone.

Right to a Right to health, Chinese fishmeal factories in Gambia causing pollution: There healthy including the right to has been a growth in the seafood processing sector in Sub- environment safe, clean, healthy Saharan Africa, primarily driven by Chinese company investment. and sustainable For example, Mauritius has at least 20 fishmeal factories, of which environment: UDHR half are owned by Chinese companies.14 Article 25(1); ICESCR Article 12; CRC Article In 2017, Gambian villagers accused a Chinese fishmeal processing 24; CEDAW Article 12; company for causing severe pollution leading to environmental CMW Article 28 degradation and to skin diseases when swimming in the sea and.15 The following year, two fishmeal factories in Gambia suspended Right to a general satisfactory environment

12Summers, H. (2019). Chinese fishmeal plants leave fishermen in the Gambia all at sea. The Guardian. https://www.theguardian.com/global- development/2019/mar/20/chinese-fishmeal-plants-leave-fishermen-gambia-all-at-sea 13 Franco, J., Buxton, N., Vervest, P., Feodoroff, T., Pedersen, C., Reuter, R., &Barbesgaard, M. C. (2014). The global ocean grab: A primer. Retrieved from the Economic Justice Program of the Transnational Institute website: http://www.tni.org/briefing/global-ocean-grab-primer-0. 14 Verité, Fisheries and Aquaculture – Sub-Saharan Africa. https://www.verite.org/wp-content/uploads/2018/01/SSA-Verite-Report-Fishing.pdf 15 RFI Afrique (2017), Gambie: ouverture du procès d'une société chinoise accusée de polluer Gunjur. http://www.rfi.fr/afrique/20171110-gambie-ouverture-proces- golden-lead-societe-chinoise-accusee-polluer-gunjur favourable to operations following peaceful protests over pollution related development: ACHPR, incidents.16 Article 24; Maputo Protocol, Article 18. Environmental impacts of aquaculture in Africa: the aquaculture sector is rapidly developing in the African continent, with the potential socio-economic benefits arising from the increasing demand for fish as a main driver. However, if not regulated properly, for example through Environmental Impact Assessments (EIA) of aquaculture projects, there is a risk that the sector will have adverse environmental impacts, such as water pollution due to the use of chemicals and antibiotics.17

Land rights Right to own property: Infrastructure necessary for large- Encroachment of fishers’ land in Uganda: UDHR Article 17, scale fishing such as port facilities, Uganda’s small-scale fishing sector contributes to the livelihoods CEDAW, Articles 14 (2) processing facilities and roads, may of more than three million people. But various export-oriented (g) and 16 (1)(h); impact on the land rights of local industries have increased the competition for access to land and ACHPR, Article 14 ; communities and indigenous waters. Attractive coastal land has been given away by the Maputo Protocol, peoples inhabiting or using this government to investors in the tourism and flower industries, Article 6. land, causing displacement and loss preventing small-scale fishers from accessing the waters, of livelihoods, among other things. exacerbating their vulnerability.18 Women’s access to Access rights to water-based land, control over land resources may also be lost as a and resources: Maputo consequence. Protocol Articles 15 Land rights can be in numerous and 19. forms and sometimes can be complex patchworks of different Right of indigenous kinds of rights, from access, to use, peoples to lands, possession and ownership. territories and Aquaculture projects, such as resources: UNDRIP, shrimp farming, can also adversely Articles 25-29, 32. affect land and resource rights of

16Summers, H. (2019). Chinese fishmeal plants leave fishermen in the Gambia all at sea. The Guardian. https://www.theguardian.com/global- development/2019/mar/20/chinese-fishmeal-plants-leave-fishermen-gambia-all-at-sea 17 FAO, Aquaculture Environmental Impact Assessment:http://www.fao.org/3/a-br813e.pdf 18Ibid, p. 9 communities, when farming takes place in mangroves traditionally used by communities, who depend on land and water resources for personal consumption and sales. Gender Equal rights of women Poverty, food insecurity, and Gender equality for women in the Zambian aquaculture sector: equality, in economic life, non- inequality in accessing resources, The seafood industry is a women intensive but male dominated Equal rights of discrimination in can potentially worsen the existing sector. Female workers are often over-represented in low skilled, women in employment and gender dynamics in the small-scale low paid, low valued positions while men dominate the power economic life, occupation, equal pay fishing communities in African positions. For example in the Zambian aquaculture sector, 50 non- for work of equal countries. percent of the workforce accounts of women.19While women are discrimination. value: CEDAW Articles very active in farmers associations and cooperatives and as 11, 13, 14(2)(g), 15(2), Female workers in fish processing leaders, they face gender discrimination on larger aquaculture 16(1); Maputo and fish farming can also face farms, and in rural areas key aquaculture assets are limited for Protocol, Article 13; discrimination, unequal pay and women.20In addition, there are other significant disparities ILO Conventions 111 poor working conditions when between men and women in the labour force, including a lack of and 100. formally employed in processing women formally working in the Zambian fisheries sector who have plants or as informal processors, received fisheries skills training.21 Right to equality and affected by depleting fish stocks. non-discrimination: Food insecurity and Sexual services for Fish: While Lake Victoria UDHR art. 2; ICESCR provides unique and vast natural resources, it is a very poor and Article 2(2); ICCPR food insecure region.22 Due to the high demand and low supply of Articles2(1), 26; CERD the fish, women provide sexual services to compete for prior Article 2(2); CEDAW purchase rights.23This so-called ‘sex for fish’ is a practice found in Article 2; CRC Article 2; Lake Victoria as well as in Lake Malawi.24 As one of the CRPD Article 5; CMW Article 7; DRtD art.

19World Fishing and Aquaculture, March 8, 2019, Ending Seafood Industry’s gender inequality. See: https://www.worldfishing.net/news101/Comment/analysis/ending- seafood-industrys-gender-inequality 20 European Commission, September 2018, Aquaculture value chain analysis in Zambia. See: https://europa.eu/capacity4dev/file/80517/download?token=bZoSGFHF 21World Fish, CGIAR, December 17, 2018, New project will develop aquaculture knowledge and practical skills of students and fish farmers in Zambia. See: https://fish.cgiar.org/news-and-updates/news/new-project-will-develop-aquaculture-knowledge-and-practical-skills-students 22Richard O. Abila. FISH TRADE AND FOOD SECURITY: ARE THEY RECONCILABLE IN LAKE VICTORIA?. See: http://www.fao.org/3/y4961e/y4961e0d.htm 23Take Part Live. (2014). No Sex For Fish | TakePart World: https://www.youtube.com/watch?v=f7GAbWr8hlU 24 Sex for fish: Women's reluctant trade on Kenya's Lake Victoria shore. https://af.reuters.com/article/africaTech/idAFKBN1850MP-OZATP 8(1); ACHPR, Articles consequences, there is a high prevalence and spread of HIV and 18 and 28 ; Maputo other transmittable diseases in the region.25 Protocol, Articles 2, 12, 22, 23 ; ACRWC, Article Female fish processors affected by fishmeal factory: Local female 3. fish processors in the Gambia who used to buy fish from artisanal fishermen and smoke the fish or sell it at the local market have been heavily affected due to the arrival of Chinese fishmeal processing factories, as these factories have taken the majority of the catch. 26 This has led to them not having any work, affecting their livelihoods.

Child labour, Prohibition of child Vulnerable groups, including Child trafficking and child and forced labour in Lake Volta, forced labour labour: CRC Article 32; children and migrant workers, are Ghana: Due to poverty among coastal communities, depletion of and protection ILO Conventions Nos. often targeted by traffickers in the fish resources (and therefore the need for cheap labour), as well and freedom 138 and 182; Maputo fishing sectors in Africa. In as a lack of registration of boats and lack of detection and of children Protocol, Article 13; particular poverty and lack of prosecution of child traffickers and fishermen employing child from ACRWC, Article 15. compulsory education are labourers, child labour in the fishing sector in Ghana is economic important factors contributing to widespread. exploitation Right to education: increased child employment in Reportedly, an estimated 20,000 children work as child slaves on UDHR Article 26; small-scale fisheries.27 Lake Volta to catch kapenta. While sometimes children are ICESCR Article 13; abducted from their parents, some are sold by their parents. Child ACHPR Article 17. Children and young workers are labour in Lake Volta is characterised by excessively long working Particularly in relation also often found working in the hours, lack of freedom of movement, physical violence, and to children: CRC fishing and aquaculture sectors hazardous work such as diving and exposure to parasites.29 Articles 28, 29; ACRWC alongside their families to , Article

25Kambewa, P., Nagoli, J., Hüsken, S.M.C. (2009). Vulnerability of female fish traders to HIV/AIDS along the fish market chain of the south eastern Arm of Lake Malawi. Analysis report. Regional Programme Fisheries and HIV/AIDS in Africa: Investing in Sustainable Solutions. The WorldFish Center. Project Report 1979. http://pubs.iclarm.net/resource_centre/WF_3374.pdf 26Summers, H. (2019). Chinese fishmeal plants leave fishermen in the Gambia all at sea. The Guardian. https://www.theguardian.com/global- development/2019/mar/20/chinese-fishmeal-plants-leave-fishermen-gambia-all-at-sea 27 FAO/ILO, Report of the FAO WORKSHOP ON CHILD LABOUR IN FISHERIES AND AQUACULTURE IN COOPERATION WITH ILO Rome, 14–16 April 2010, http://www.fao.org/3/i1813e/i1813e00.pdf 29IJM. (2016). Child Trafficking into Forced Labor on Lake Volta, Ghana: A Mixed-Methods Assessment. https://www.ijm.org/documents/studies/ijm-ghana-report.pdf and FAO and ILO (2013), Guidance on addressing child labour in fisheries and aquaculture, p.27. See: http://www.fao.org/3/i3318e/i3318e.pdf 11. To persons with supplement their families’ disabilities CRC Article incomes.28 23(3), CRPD Article 24. To indigenous peoples: UNDRIP Article 14. To women: Maputo Protocol, Article 12.

Prohibition of forced labour: UDHR Article 4 ; ILO Conventions Nos. 29 and 105; ACHPR Article 5. Protection of children from all forms of violence, abuse or exploitation: CRC Articles 19 and 37(a); ACRWC, Articles 16, 21, 22, 27, 28. Including trafficking: CRC Articles 34-36; CRC–Optional protocol; ACRWC, Article 29

Forced labour Prohibition of forced Forced labour and other forms of labour exploitation on fishing and other labour: UDHR Article 4; vessels in African waters: Cases of forced labour on tuna fishing forms of ILO Conventions Nos. vessels in South African waters have been documented, where labour 29 and 105. Indonesian and Taiwanese crew members worked for years exploitation without getting paid.30 ACHPR, Article 5.

28Verité, Fisheries and Aquaculture – Sub-Saharan Africa: https://www.verite.org/wp-content/uploads/2018/01/SSA-Verite-Report-Fishing.pdf 30 Undercurrent News. January 19, 2014, South Africa detains tuna vessels over slave labor. https://www.undercurrentnews.com/2014/01/29/south-africa-detains-tuna- vessels-over-slave-labor In another case, a Chinese-owned commercial vessel in Namibian waters reportedly exploited Namibian, Indonesian, and Chinese workers who had been recruited through intermediaries. Conditions included lack of water and beating of crew members.31According to analysts, one of the potential root causes of such forms of labour exploitation was related to policies to prevent illegal, unreported and unregulated (IUU) fishing where the Namibian government requires foreign companies to pay high fees to obtain fishing rights. These high fees may have incentivized companies to save money through low cost or exploited labour.32

31 The Namibian, May 3, 2013, Chinese Vessel accused of poor conditions:https://www.namibian.com.na/index.php?id=105881&page=archive-read 32 Immanuel, Shinovene, The Naminian (2012). Fishermen complain about trawler conditions: http://www.namibian.com.na/index.php?id=103328&page=archive-read and Overseas Development Institute (ODI) (June 2016). Western Africa’s Missing Fish: The impact of illegal, unreported, and unregulated fishing and under-reporting catches by foreign fleet: https://www.odi.org/sites/odi.org.uk/files/resourcedocuments/10665.pdf FACT SHEET NO. 2

ANNEXE: LIST OF ACRONYMS - LIST HUMAN RIGHTS INSTRUMENTS

UN human rights treaties and other instruments UDHR Universal Declaration of Human Rights ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights CRC Convention on the Rights of the Child CERD Convention on the Elimination of All Forms of Racial Discrimination CEDAW Convention on the Elimination of Discrimination Against Women CMW International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families CRPD Convention on the Rights of Persons with Disabilities UNDRIP UN Declaration on the Rights of Indigenous Peoples

ILO conventions ILO C100 Equal Remuneration Convention (No. 100) ILO C111 Discrimination (Employment and Occupation) Convention 111) ILO C 138 Minimum Age Convention (No. 138) ILO C 182 Worst Forms of Child Labour Convention (No. 182) ILO C29 Forced Labour Convention (No. 29) ILO C105 Abolition of Forced Labour Convention (No. 105)

African human rights treaties ACHPR African Charter on Human and Peoples’ Rights Maputo Protocol Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa ACRWC African Charter on the Rights and Welfare of the Child