5
convention22 which addresses a gap in labor standards for fishers; addresses the specific nature of working
in fishing; ensures fishers have decent working and living conditions; and applies to all fishers in all fishing
vessels engaged in commercial fishing operations.
The concluding observations of the Committee on Economic, Social and Cultural Rights can also be
utilized by States to monitor the situation of the artisanal fisherfolk. In fact, it suggests that in delineating
municipal waters and improving fisherfolk income, 23 the State can be guided by the Food and Agriculture
Organization’s (FAO) “Voluntary Guidelines for Securing Sustainable Small-scale Fisheries in the Context
of Food Security and Poverty Eradication” or the SSF Guidelines. 24 The said guideline is the first
international instrument dedicated to the millions of people employed in small-scale fisheries and fish
workers. It complements other international instruments, bringing together social development and other
development factors.
National Human Rights Institutions (NHRIs) play a vital role in achieving SDG25 as human rights and
the SDGs are inextricably linked. Given the unique mandate of NHRIs, the Commission on Human Rights
(CHR) as the NHRI of the country, play a key role in the implementation and follow-up of the Agenda, and
are at the core of the SDG ‘web of accountability’ to “leave no one behind.” NHRIs role is not limited to
SDG 16, or ‘Peace, Justice, and Strong Institutions’, but it can reinforce the implementation and monitoring
of all 17 SDGs. This allows the CHR to use this as a platform to engage with relevant stakeholders in
ensuring the protection of the sector’s rights and creating an enabling environment for the realization of
their rights.
II.
SCOPE AND LIMITATIONS
The CHR has specific mandates on respecting, protecting, and promoting the full range of civil,
political, economic, social, and cultural rights. It is constitutionally mandated26 to keep track of the human
rights situation in the Philippines and recommend policy measures to ensure the right of all the people to
human dignity, reduce socio-economic, cultural, and political inequalities. To fulfill these mandates, the
ESCR Center conducts regular monitoring programs to document the government’s policies and practices
in compliance with international human rights obligations on ESCR.
In furtherance of these mandates, the ESCR Center embarked on monitoring the situation of artisanal
fisherfolk. The monitoring activity 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 to their livelihood. It also explored the adverse impacts of reclamation projects and the ongoing
COVID-19 Pandemic on their ability to continue their livelihood. Specifically, the report aims to:
1. Look at the implementation of the RA No. 8550 as amended by RA No. 10654, particularly on
delineation of municipal waters and continued encroachment of commercial fishing, and its impacts
on:
a. Access to marine resources of municipal artisanal fisherfolk
22
C188 Work in Fishing Convention: Available from ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C188 (visited
08/13/2021)
23
Concluding Observation no.45 from the combined 5th and 6th Periodic Report of the Philippines to the UN Committee on Economic, Social
and Cultural Rights, Available from www.icj.org/wp-content/uploads/2017/12/Concluding-Observations-CESCR-Philippines-2016-eng.pdf (last
viewed 08/09/2021)
24
Voluntary Guidelines for Securing Small-scale Fisheries in the Context of Food Security and Poverty Eradication Available from
www.fao.org/voluntary-guidelines-small-scale-fisheries/guidelines/en/ (last viewed 08/13/2021)
25
The SDGs in Action, supra note 21
26
See The Philippine Constitution, Art. XIII