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Exploring the Human Rights-Based Approach in the Context of the Implementation and Monitoring of the SSF Guidelines

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Exploring the Human Rights-Based Approach in the Context of the Implementation and Monitoring of the SSF Guidelines FAO ISSN 2070-6103 FISHERIES AND i AQUACULTURE PROCEEDINGS 53 Exploring the human rights-based approach in the context of the implementation and monitoring of the SSF Guidelines Workshop proceedings 24–26 October 2016 FAO, Rome, Italy Caption: Fishermen along the Nile in Juba making fishing nets ; credit: ©FAO/Jose Cendon FAO iii FISHERIES AND AQUACULTURE PROCEEDINGS 53 Exploring the human rights-based approach in the context of the implementation and monitoring of the SSF Guidelines Workshop proceedings 24–26 October 2016 FAO, Rome, Italy Edited by Sisay Yeshanew Legal Consultant FAO, Rome, Italy Nicole Franz Fishery Planning Analyst FAO, Rome, Italy Lena Westlund FAO Consultant Stockholm, Sweden FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS ROME, 2017 The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views or policies of FAO. ISBN 978-92-109679-6 © FAO, 2017 FAO encourages the use, reproduction and dissemination of material in this information product. Except where otherwise indicated, material may be copied, downloaded and printed for private study, research and teaching purposes, or for use in non-commercial products or services, provided that appropriate acknowledgement of FAO as the source and copyright holder is given and that FAO’s endorsement of users’ views, products or services is not implied in any way. All requests for translation and adaptation rights, and for resale and other commercial use rights should be made via www.fao.org/contact-us/licence-request or addressed to [email protected]. FAO information products are available on the FAO website (www.fao.org/publications) and can be purchased through [email protected]. This publication has been printed using selected products and processes so as to ensure minimal environmental impact and to promote sustainable forest management. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of FAO and can in no way be taken to reflect the views of the European Union. iii Preparation of this document This document provides a summary of the presentations, discussions, conclusions and recommendations of the workshop on “Exploring the human rights-based approach in the context of the implementation and monitoring of the SSF Guidelines”, held at the FAO headquarters in Rome, Italy from 24 to 26 October 2016. The report was prepared by the organizers of the workshop from the Fisheries and Aquaculture Department and the FAO Legal Office. While the report captures the main points discussed at the workshop, the detailed outcomes of the working groups are reproduced in Annex 5. The background paper in Annex 6 is a slightly updated version of the paper that was submitted to participants prior to the workshop. iv Abstract The SSF Guidelines are based on internationally accepted human rights standards and are to be interpreted and implemented in accordance with those standards. Their objectives are to be met through the promotion of a human rights-based approach (HRBA). This approach seeks to ensure the participation of small-scale fishing communities in non- discriminatory, transparent and accountable decision-making processes by putting particular emphasis on the needs of vulnerable and marginalized groups and developing countries. While the HRBA has been recognized by FAO as a principle that informs the design, implementation, monitoring and evaluation of programmes and projects, there is still limited experience in its practical application in the context of small-scale fisheries. It is therefore important to explore how this approach could support the implementation and monitoring of the SSF Guidelines. Accordingly, the workshop on “Exploring the human rights-based approach in the context of the implementation and monitoring of the SSF Guidelines” explored what the human rights-based approach means within the context of small-scale fisheries in general and the thematic areas covered by the SSF Guidelines in particular. It discussed what the HRBA entails in terms of the conduct of the various state and non-state actors to whom the SSF Guidelines are addressed as well as the needs of the different stakeholders in the various policy areas, with a view to developing guidance materials for the application of the HRBA in the implementation and monitoring of the SSF Guidelines. Thirty-two external and FAO staff discussed various thematic aspects of the SSF Guidelines in this respect, and agreed that activities that are geared towards implementing the SSF Guidelines should mainstream the HRBA, while the implementation of the approach in the SSF sector should be continuously explored and case studies and supporting guidance materials should be developed. FAO. 2017. Exploring the human rights-based approach in the context of the implementation and monitoring of the SSF Guidelines. Workshop proceedings, 24 – 26 October 2016, Rome, Italy. FAO Fisheries and Aquaculture Proceedings No. 53. Rome, Italy. v Contents Preparation of this document iii Abstract iv Contents v Acknowledgements vii Abbreviations and acronyms ix Executive summary xi Presenters’ biographies xiii Background to the workshop 1 Introductory session 3 Overview of workshop objectives, expected outputs and modus operandi 3 Introduction to the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) 4 Introduction to the human rights-based approach 5 Brainstorming: the human rights guiding principles of the SSF Guidelines 7 A CSO perspective on human rights issues in the implementation of the SSF Guidelines 8 Roles of different players in the application of the human rights-based approach in SSF 10 A focus on gender in small-scale fisheries 12 A human rights-based approach to food security and nutrition in small-scale fisheries 13 THEMATIC SESSIONS 15 THEMATIC SESSION 1: HRBA in the context of responsible governance of tenure and resource management 17 Collective customary tenure rights to aquatic resources and land in the context of the SSF Guidelines: experiences from South Africa 17 An indigenous people’s perspective on rights and resource management 18 Sustainable resource management and dealing with competing sectors 19 Summary of working group outcomes and plenary discussions on the HRBA in the context of responsible governance of tenure and resource management 20 THEMATIC SESSION 2: HRBA in the context of social development, employment and decent work 23 Decent work in fisheries: US-based discussion on slave labour in the seafood sector 23 Social protection in fisheries-dependent communities in the Caribbean 25 Summary of working group outcomes and plenary discussions on the HRBA in the context of social development, employment and decent work 26 THEMATIC SESSION 3: HRBA in the context of value chains, post-harvest and trade 29 The role and place of women in the fisheries value chain 29 Towards socially responsible seafood 30 Supply chains and market leverage: SFP’s role, tools and projects 30 Summary of working group outcomes and plenary discussions on the HRBA in the context of value chains, post-harvest and trade 31 THEMATIC SESSION 4: HRBA in the context of disaster risks and climate change 33 Climate change, small-scale fisheries, and the human rights-based approach 33 Experiences from livestock interventions in emergencies 34 Summary of working group outcomes and plenary discussions on the HRBA in the context of disaster risks and climate change 35 CONCLUDING SESSION: Towards guidance on the HRBA in small-scale fisheries 37 Facilitated discussion 37 Next steps 38 Closing remarks 38 Annex 1 – List of participants 41 Annex 2 – Workshop agenda 45 Annex 3 – Opening statement 47 Annex 4 – Working group distribution 48 Annex 5 – Working group results 49 Annex 6 – Background paper 66 vii Acknowledgements The workshop on “Exploring the human rights-based approach in the context of the implementation and monitoring of the SSF Guidelines” greatly benefited from the dedicated contribution of a large number of individuals. All of them are gratefully acknowledged for their efforts during the preparation as well as throughout the workshop. Sincere thanks are due to the members of the FAO SSF Task Force for their support in the preparations for the workshop. The organizers give a special thanks to the chairpersons of the workshop sessions, the presenters, the facilitators and rapporteurs of the working groups, and all workshop participants for their active participation in the discussions. The financial support for this workshop was provided by the Norwegian Ministry of Foreign Affairs through the Technical Assistance Project “Enhancing the contribution of small-scale fisheries to food security and sustainable livelihoods through better policies, strategies and
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