Human Rights at Sea | Geneva Rights and Environment Talks

About this Event

Human rights are universal and apply equally at sea as they do on land. The ocean — the world’s largest biome as it covers 70% of the Earth – has an estimated regular population of 30 million people at any given moment, an equivalent to the population of a medium-sized state.

However, “there is significant and growing evidence of widespread, deliberate, and often systematic abuse of human rights at sea”:

• Estimates by the Food and Agricultural Office (FAO) of the UN also show that at least 32,000 fishers lose their lives when doing their job every year, with most fishing activities often taking place on remote bodies of water.
• Over 9 million seafarers ensuring the movement of around 90% of global trade. Though indispensable to the global economy, they are often treated as challenging working and living conditions at sea pose significant threats to their human rights.
• Other abuses include issues as diverse as forced labour and slavery on fishing vessels and other ships, the abandonment of seafarers in ports far from home, the victimization of seafarers by pirates and other maritime criminals, instances of physical and sexual abuse on ships, the treatment of irregular migrants and the plight of trafficked people at sea.

At the same time, marine environmental stressors equally pose adverse human rights impacts. As highlighted by the report of the UN Special Rapporteur on the right to a healthy environment to the Human Rights Council (A/HRC/58/59), the interconnected crises of climate change, biodiversity loss and pollution, as well as business activities that often prioritizes corporate profits over environmental protection and human rights, are intensifying pressure on a distressed ocean. These further jeopardize the human rights of people at sea, including Indigenous Peoples, fisher communities, peasants, women, children, people with pre-existing health conditions, older persons, persons with disabilities and those facing marginalization.

Despite having over 600 legal and institutional frameworks addressing the complex interdependence of human rights, economic activities and marine ecosystems, international ocean spaces are still poorly regulated. Their fragmentation, marked by multiple levels of intervention and an absence of coordination, has prevented enforcement and resulted in ineffective ocean governance, which is exacerbated by weak political ambition, corruption and a lack of transparency and extraterritorial enforcement. As vast areas of the sea are beyond the territorial jurisdiction of States, addressing the human rights situation at sea would require tremendous efforts.

As highlighted in the Special Rapporteur’s report, while important initiatives are being agreed internationally, regionally and nationally, such as the Kunming-Montreal Global Biodiversity Framework, the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication, and the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), they do not necessarily reflect the interconnectedness of the ocean and human rights.

Initiatives such as the Geneva Declaration on Human Rights at Sea initiated and conceived in February 2019, as a response to the ongoing systematic abuse of human rights at sea globally, brings together existing international law into one document, and provides practical guidance to states on how to ensure that human rights abuses at sea are detected, remedied, and ultimately ended.

Considering the too often dramatic human rights situation at sea, this Geneva Rights and Environment Talk discussed the obligations of Member States to respect, protect and full human rights related to the ocean, including the right to a clean, healthy and sustainable environment. The talk tackled possible ways forward in ensuring that human rights are applied equally at sea as they do on land.

Speakers

By order of intervention

Highlights

Video

Live from Palais des Nations.

Video Message | Juno FITZPATRICK | Senior Director, Human Rights & Ocean Equity, Conservation International

Summary

Panel Discussion

Juno FITZPATRICK Senior Director, Human Rights & Ocean Equity, Conservation International

• Human rights and ocean equity in marine conservation are of key importance, and recognizing and enhancing these rights as essential for achieving durable conservation outcomes is needed. A community’s basic human rights and socioeconomic needs must be met before engaging them in sustainable ocean governance and conservation efforts, which span from the high seas to coastal waters. This approach is integral to effective marine conservation, fisheries management, and climate adaptation.
  • In coastal Liberia, women like Alice play a vital role in the fishing community, yet face numerous challenges, such as limited access to opportunities and threats from foreign trawlers. Alice operates within an inshore exclusion zone (IEZ), a critical area for artisanal fisheries and food security, which is under pressure from industrial fishing fleets. These foreign vessels deplete fish stocks and harm ecosystems, undermining local livelihoods and increasing risks like gender-based violence and financial instability. IEZs are designed to regulate fishing activities rather than focusing solely on ecological preservation, unlike marine protected areas (MPAs).
  • The story of Mo from Indonesia is shared to highlight the human rights violations in the industrial fishing sector. Mo, a worker on a fishing vessel, faces grueling conditions with long workdays, inadequate food, and unsafe working environments. Despite being exploited and working in dangerous conditions, Mo has no choice but to endure. Industrial fishing vessels like Mo’s exploit vulnerable workers and often violate conservation regulations, underscoring the hidden costs of industrial fishing, which include labor abuse and environmental degradation.
• Ocean-dependent communities worldwide are facing human rights violations alongside the decline in marine resources and ecosystems. Violations can range from civil and political rights infringements, as seen with workers like Mo, to the undermining of economic, social, and cultural rights, as seen in Liberia with Alice. Overfishing by foreign fleets in developing countries depletes resources and destabilizes local economies, violating the rights of coastal communities to food security and sustainable livelihoods. Human rights are described as universal, inalienable, indivisible, and interdependent, with the right to a healthy environment being central.
• A human rights-based approach to marine conservation is crucial because coastal communities, Indigenous Peoples, and those dependent on the ocean for food and livelihood security are particularly vulnerable to human rights abuses, climate change impacts, and systemic inequality. Many marine conservation efforts have failed to implement free, prior, and informed consent (FPIC), resulting in displacement, loss of access to marine resources, or conservation initiatives that do not align with the needs of the local communities. These failures exacerbate inequalities and threaten human and tenure rights.
• The need for a human rights-based approach is highlighted, with calls from various groups, including customary authorities, fisher representative organizations, human rights groups, academics, and philanthropists, for this approach to be integrated into development and conservation activities, such as the blue economy and the 30×30 conservation target. Since 2010, organizations like WWF, the Wildlife Conservation Society, and IUCN have been part of the Secretariat for the Conservation Initiative on Human Rights, which aims to uphold human rights within conservation practices and ensure that third parties, such as businesses and governments, respect these rights.
• The international community has strongly affirmed the importance of respecting human rights in conservation, particularly the rights of Indigenous Peoples, as seen in the Kunming-Montreal Global Biodiversity Framework adopted in 2022. This framework sets a goal to protect at least 30% of the planet by 2030, with a focus on recognizing and respecting the rights of Indigenous Peoples and local communities, especially over their traditional territories.
• A working definition of a human rights-based approach in marine conservation centers human rights and social equity as the main objectives, embedding these principles in all stages of conservation processes. These principles include participation, accountability, non-discrimination, transparency, human dignity, empowerment, and the rule of law. Capacity-building is emphasized to help communities claim their rights, and governments and businesses must respect human rights within the supply chain. The ethical premise is that it is wrong for one group to dispossess, subjugate, or exploit another to advance its own interests, and just and equitable conservation is an ethical imperative.
• Empirical evidence supports the idea that respecting the rights of local communities leads to positive and lasting impacts on marine conservation. There are abundant examples showing that protecting human rights in ocean conservation can result in better outcomes for both people and ecosystems.

Sille STIDSEN Director, Human Rights and Sustainable Development & Americas, Danish Institute for Human Rights

• All over the world, small-scale fishers, Indigenous Peoples, and fish workers face severe human rights challenges that call for action. Since 2018, the Danish Institute for Human Rights (DIHR) has been drawing attention to the human rights issues faced by dependent communities.
• Seeing an increasing engagement from the OHCHR and national human rights institutions, as well as increasing human rights awareness in civil society organizations working on these issues, is encouraging.
• All stakeholders need to play their role and work together to drive human rights change. Duty bearers must respect, protect and fulfil human rights, while rights holders need to keep claiming rights, which requires their awareness as well as good documentation and human rights mechanisms. Human rights actors must state the problems and put pressure on governments, and the private sector should recognize and respect the human rights issues at stake.
• The DIHR seeks to drive change through documentation and dialogue, taking a multi-stakeholder approach. This includes analyzing legal frameworks, collecting data with a focus on dialogue and stakeholder engagement, as well as providing support to rights holder organizations and civil society organizations on adopting human rights-based messaging and understanding the legal framework. Additionally, it supports national human rights institutions with a mandate to protect and promote human rights in their own countries to engage more in the fisheries sector and tries to open the area of human rights within fisheries.
• Increasingly, the DIHR is invited by fisheries authorities to come in and support their outreach to rights holders as well as support their legal analysis in relation to policy review. Its work is global but also at national and regional levels.
• The clash between conservation needs and livelihood needs is a big issue. For instance, as highlighted in the Sector-Wide Human Rights Impact Assessment Report, in a country like Bangladesh, problems coming along with overfishing and overexploitation of the fish stock are introduced from a human rights perspective, referring to the right to a healthy environment. On the other hand, many poor people depend on the fishing sector for their livelihoods, and the environment also needs to continue serving the needs of the people. The response in that case has been to promote the right to social protection and social security, engaging at very local levels as well as in national dialogues.
• The Sector-Wide Human Rights Impact Assessment also identified significant gaps in the legal frameworks governing fisheries. For instance, on most of the boats going out, interviewed crew members said they had been working with underage crew members, meaning children aged 12 or younger go out in dangerous conditions under immense mental and physical hardship. Bangladesh has ratified the ILO Convention 182 on the Worst Forms of Child Labor, however, fisheries are not included in the list of hazardous child labor, and the labor law doesn’t include any elements on fisheries. This results in child labor and issues at stake being largely invisible, and hence no regulation, enforcement, or inspection.
• To promote the broader use of human rights instruments in the context of fisheries governance, the DIHR has developed a database, the Human Rights Guide to Fisheries. This online tool shows how human rights and labor standards support key international fisheries instruments, supporting the operationalization of alignment of fisheries laws and policies with States’ obligation to respect, protect, and fulfill human rights and labor standards. It links the main fisheries’ instruments with human rights and labor standards: it has elements on the right to work, conditions of work, just and favorable remuneration, child labor minimum age, equality and non-discrimination at work, freedom of association, collective bargaining and right to strike, etc. The speaker invites the audience to play with the database.
• Article 6.17 of the FAO Code of Conduct for Responsible Fisheries states that States should ensure that fishing facilities, equipment, and fisheries activities allow for safe, healthy, and fair working and living conditions and meet internationally agreed standards adopted by relevant international organizations.
• Human rights instruments that unpack and guide how to adopt a human rights based approach can be found in the International Covenant on Economic, Social and Cultural Rights, in the ILO Convention 188 on Work in Fishing, in the ILO Convention 169 on Indigenous and Tribal Peoples, on the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas article 14.1.
• The DIHR also promotes the involvement of national human rights institutions. There is a varying degree of engagement in the fisheries sector; the Briefing note on human rights in fisheries summarizes some of the key human rights issues faced in the fishing sector. Although called a briefing note for National human rights institutions, it is relevant for anybody who wants a coherent read.
• Standard guidance recommendations from the human rights system can be found in the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Rights of the Child. A number of Universal Periodic Review (UPR) recommendations also address issues in this sector, and Special rapporteurs shed light on the situation.

Yves LADOR Representative in Geneva, Earthjustice

• The link between ocean ecosystems and human rights is a key focus of the Special Rapporteur’s report, particularly in the context of industrial fisheries. Industrial fishing practices deprive local fishing communities of marine resources they have historically depended on, highlighting the uneven distribution of access to ocean resources. This disparity is evident in images showing large fishing vessels operating offshore while smaller local boats remain closer to the coast, struggling to compete.
• The legal landscape governing human rights at sea is highly fragmented, creating significant challenges for enforcement and accountability. Various overlapping legal jurisdictions, gaps in coverage, and inconsistencies between different legal frameworks result in a complex « archipelago with no map » situation. The organization Human Rights at Sea has been instrumental in exposing these gaps, illustrating how difficult it is to ensure human rights protection when legal responsibilities are unclear or disputed.
• For many years, the prevailing belief was that human rights could not be applied at sea due to jurisdictional complexities and a lack of enforcement mechanisms. However, there is now a growing consensus that human rights apply universally, including in maritime environments. Although significant progress has been made in shifting the conversation from denial to articulation, there is still much work to be done to ensure these rights are effectively implemented and enforced across different maritime contexts.
• Academic institutions, such as the research center at Basel University, are actively working to build a network of experts specializing in maritime human rights issues. Addressing the complexities of human rights at sea requires expertise across multiple disciplines, from legal studies to maritime security and labor rights. Collaborative research efforts are crucial in identifying solutions to longstanding challenges such as forced labor, human trafficking, and seafarer welfare.
• Seafarers play a critical role in the global economy, with approximately 30 million people working directly on ships at any given moment, supporting countless families and related industries. Nearly 90% of all goods are transported via maritime routes, meaning that nearly everything people use in their daily lives has, at some point, depended on seafarers. Despite their indispensable role, seafarers face numerous challenges, from exploitative labor conditions to isolation from their families for extended periods.
• The nature of seafaring work presents unique hardships, including extreme isolation, lack of privacy, and long periods away from home. Some vessels provide decent living conditions, but many do not, leaving workers in cramped, unhygienic, and unsafe environments. These difficulties extend to their families, who endure prolonged separations with limited communication, as many ships lack reliable internet access, restricting their ability to stay in touch.
  • Occupational hazards are a significant issue, particularly in the fishing industry, which is one of the most dangerous professions in the world. Workers frequently suffer injuries from sharp equipment, exposure to harsh weather conditions, and the constant risk of falling overboard. Despite these dangers, proper safety measures are often neglected, and injuries frequently go unreported or untreated due to the isolated nature of maritime work.
  • The misconduct of shipowners and captains further exacerbates the precarious conditions of seafarers. In some cases, shipowners are directly involved in managing vessels, but in others, ownership is distant, with decisions made in corporate offices far removed from the realities of maritime labor. When accidents or abuses occur, tracing responsibility becomes a complex legal challenge, particularly when vessels operate across multiple jurisdictions.
  • The issue of abandoned seafarers represents one of the most severe human rights violations in the maritime industry. When vessels become financially unviable or face legal trouble, owners may simply abandon them, leaving crew members stranded at sea without food, water, or wages. Some ships are refused entry to ports due to their deteriorating condition, forcing workers to remain aboard indefinitely, trapped in life-threatening situations with no legal recourse.
  • Gender-based violence and discrimination remain major concerns for women working at sea, as the maritime industry has historically been male-dominated. Women on ships often face harassment, bullying, and unequal treatment, with few mechanisms in place to report or address these issues. There is a pressing need for better training, stricter regulations, and stronger institutional support to combat gender-based violence and ensure safer working conditions for female seafarers.
  • Forced labor and modern slavery are pervasive in parts of the maritime industry, particularly in long-haul fishing operations. Some workers sign contracts that effectively trap them at sea for years, as they are continuously transferred between vessels without ever returning to shore. These exploitative conditions often meet the criteria for forced labor as defined by international labor organizations, yet enforcement remains weak due to the isolated nature of maritime work and the lack of oversight.
• The 2023 resolution at the Human Rights Council, led by the Philippines, marks an important step toward improving labor protections for seafarers. The resolution calls on all states to ratify the Maritime Labour Convention of 2006 and reinforces obligations under international maritime law to uphold human rights at sea. Additionally, the resolution references the UN Guiding Principles on Business and Human Rights, underscoring the need for corporate accountability in the global shipping industry.
• While these developments signal progress, voluntary guidelines are not enough. The need for a legally binding international treaty on transnational corporations and human rights is evident, particularly in the maritime industry, where corporate structures and jurisdictions are often intentionally obscured. Strengthening legal frameworks and improving enforcement mechanisms are essential to ensuring that human rights protections extend to all those working at sea.

Closing

Astrid PUENTES RIAÑO UN Special Rapporteur on the human right to a clean, healthy and sustainable environment

• The compartmentalization and fragmentation of issues around the ocean were the main reasons to produce the report on ocean and human rights. Many inputs were received, including from States, the European Union, and UN entities.
• The ocean is not only a biome but also a center that connects the world. There is only one ocean; it is connected to everything, including to human rights and hence should be addressed by holistic and comprehensive activities and perspectives.
• Despite states having legislations and policies and defined economic zones, industrial fishing takes everything from the first mile over. The importance of ratifying international agreements and treaties, and notably the Agreement on Marine Biodiversity of Areas beyond Jurisdiction (BBNJ) which protects the high seas, is rehearsed.
• We should not have to choose between one human right and another. The right to a clean, healthy and sustainable environment is one of the many human rights: it is not just about conserving the ecosystems, but about the possibility to both protect the rights of everyone working on the high seas and on the coast, and the right to a clean, healthy and sustainable environment.
• The inclusion and respect of customary rights, Indigenous Peoples’ rights, women’s rights, and rights of children and youth are a very effective way to conserve the ocean, coastal areas and marine protected areas.
• The right to a clean, healthy, and sustainable environment is about having a healthy biodiversity, healthy ecosystems, a safe climate, clean air, non-toxic environments, healthy and sustainable food, and healthy water, but it is also about access to information, participation, and justice. It is not about choosing whether to protect livelihoods and fisheries or to protect the environment: it has to be the protection of all together.
• The report will not solve everything but contributes a drop of water in the ocean to all the work that is being done, to bring these topics to the council and in Geneva, and to try to connect Geneva, New York, the UN Ocean Conference and the work that a lot of people are doing.

Photo Gallery

Links

• Environment @ 58th Session of the UN Human Rights Council
• Geneva Rights and Environment Talks

Photo Credit

Photo by ILO Asia Pacific