Question

As experienced in the New England Fisheries, pursuing short-term economic gains can come at the expense of the long-term health of a natural resource. Those whose livelihood depends on the natural resource are often unwilling to sacrifice their rights to the resource if others are not willing to do the same. So, to what extent should those whose livelihoods depend on fishing have a say in decisions about those regulations and how can they participate? How should their views be incorporated, and why?

Answer 1

To participate in the process of decision-making is an established right within the framework of human rights. Interpretations and understandings of the provisions can form elements that are essential for the effective implementation of relevant human right instruments. Also, there practices within the UN system regard to this participation in decision making. It includes the following elements:

• A solid legal basis, enforceable by law.

• Inclusive, independent, impartial, transparent and non-discriminatory processes including community level managers and local managers

• Sufficient time and opportunity for efficient consultation.

• Participation of disadvantaged groups

• Genuine commitment by relevant authorities in development of policies, programmes and measures.

• Prompt access to full and up-to-date information

• Freedom to build association, capacity and financial support.

• Reviewing opportunity of decisions.

The views of these fishermen can be established by undertaking the following measures:

• Legally enforceable right of participation in the process of decision-making.

• Ensured participation in decision-making on seed policies and laws at the national, regional and international levels.

• Recognition of “unfiltered voice” of the fishermen and adequate representation.

Also, on a local scale:

• The regional and international organisations and processes should respect the rights of the fishermen.

• They should also recognise and legally establish and institutionalise farmers’ right of participation in their decision-making processes and activities.

Source: Working Paper – September 2016, CHEE YOKE LING AND BARBARA ADAMS with contributions from Sangeeta Shashikant and Laurent Gaberell