‘Fishers’ rights are human rights’: George v Minister of Environmental Affairs and Tourism 2005 (6) SA 297

Abstract

In 2004, artisanal fishers, community-based and non-governmental organisations representing ∼5,000 artisanal fishers from various fishing communities sought relief inter alia under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 as a result of the unfair discrimination against them because of the fisheries legal framework. This case note focuses on this unique class action brought by the fishers in the Equality Court and the decisions resulting from the case. The relief sought by the fishers to remedy the discrimination and inequity was to compel the then Minister of Environmental Affairs and Tourism to make proper and adequate provision for artisanal fishers in terms of the fisheries legal framework, giving them equitable access to marine resources alongside other marine resource users. This note evaluates the impact of the order of the Equality Court, as it served as the trigger to transform small-scale fisheries in South Africa. The note also discusses the human-rights-centred themes reflected in the South African Small-Scale Fisheries Policy and considers the extent to which this policy is aligned to the United Nations Food and Agriculture Organisation’s Small-Scale Fisheries Guidelines of 2015.