1 A MONITORING REPORT: THE HUMAN RIGHTS SITUATION OF ARTISANAL FISHERFOLKS EXECUTIVE SUMMARY The fisherfolk sector is facing many human rights issues and one of the significant concerns is the access to marine resources. The delineation and demarcation of municipal waters are essential to the protection of the rights of artisanal fishermen to the preferential use of marine resources within these boundaries. Republic Act (RA) No. 8550 or the Philippine Fisheries Code of 1998, as amended by Republic Act No. 106541 defines municipal waters and gives preferential rights to artisanal and small-scale fisherfolk with defined breadth. This, notwithstanding, another provision in the law allows small to medium-sized commercial boats to fish within municipal waters resulting in increased competition and limiting the access of small-scale fishermen to marine resources. Also, land reclamation projects in coastal areas are another pervasive issue that has limited the access of small-scale fishermen to water resources and often resulting in the displacement of surrounding coastal communities. The COVID-19 Pandemic has also created new challenges and impacts for the sector. The quarantine measures implemented by the government have affected the ability of the fisherfolk to bring their catch to the market even though the government has ensured unhampered distribution of their products. When access to such vital sources of livelihood are lost, a broad range of human rights and the adequate standard of living are infringed specifically, the right to health, indigenous peoples’ right to land, territories, and resources, and the right to a healthy environment, among others. Within this context, the Commission on Human Rights (CHR), through the Economic, Social, and Cultural Rights (ESCR) Center produced this monitoring report on the human rights situation of artisanal fisherfolk. In developing this situation report, the ESCR Center looked into the implementation of RA No. 8550 particularly on the delineation of municipal waters, focusing on how it affects the sector’s access to marine resources and its effects on their livelihood as well as food security. We also explored the adverse impacts of reclamation projects, and the effects of the ongoing COVID-19 pandemic on their ability to continue their livelihood. In producing the report, the ESCR Center conducted focus group discussions (FGDs) with fisherfolk and representatives of fisherfolk organizations. Consultations with National Government Agencies (NGAs), particularly those with mandates directly linked with the delineation of municipal waters and protection of the rights of small-scale fisherfolk were also conducted. 1 An Act to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, Amending Republic Act No. 8550, otherwise known as "The Philippine Fisheries Code of 1998," and for other purposes.

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