Balancing Sustainable Fisheries and Human Rights Protection: Indonesian Experiences

Abstract

The fisheries sector runs a risk of human rights violations. The issue of sustainable fisheries, human rights protection and business interests need to be balanced. Indonesia has experienced human rights violations by the fishing industry, so the government has made regulations for the protection of human rights in this industry. This article will analyse how the Indonesian government balances sustainability and human rights protection in the fishing industry. This study uses a normative juridical method with secondary data sources. The analysis was carried out in a qualitative normative manner, and conclusions were drawn deductively. Based on the research results, it was found that the Government of Indonesia issued the Regulation of the Minister of Maritime Affairs and Fisheries (MMAF) Number 35 of 2015 concerning Human Rights Certification in the Fisheries Sector that requires “fisheries entrepreneurs” to implement an enterprise-level compliance scheme consisting of three elements: (1) the establishment of a broad human rights policy; (2) mechanisms to facilitate due diligence; and (3) a remediation mechanism. In addition, the government issued the MMAF regulation Number 2 of 2017 concerning Requirements and Mechanisms for Fisheries Human Rights Certification. Indonesia has formed a human rights team and conducted human rights certification training for companies. The regulation aims to balance sustainable fisheries and human rights protection.