Food security and the right to freedom of trade occupation and profession, are at issue where one considers the ongoing challenges which the small-scale sector has faced.  South Africa is currently facing high rates of unemployment and the Western Cape is no exception. Cheap imports had over many years decimated the garment industry resulting in high levels of unemployment on the Cape Flats. The instability in the small-scale fishing sector has resulted in further job losses. The economic impact of the loss (for all intents and purposes) of these two industries have resulted in increased levels of poverty in the affected communities.  The implications of poverty for the advancement of human rights are well known.

Poverty and its related social ills are forces which can lead to instability. Having experienced the effects of high unemployment and instability in July 2021, the Commission considers that the problem needs to be approached afresh. In line with the Commission’s SHiNE programme, the Commission seeks to change mindsets regarding the challenge. If we can start to see each other as collaborators in each other’s aspirations, we change the dynamic of the way we engage.
The fishing industry has found itself in and out of court over the last 20 years. To date hereof, challenges remain. While large scale commercial fishers have the resources to continuously challenge adverse outcomes through the courts, small scale and subsistence fishers however do not possess the financial means to be able to sustain legal challenges. These traditional sources of family employment and livelihood have sadly fallen by the wayside due to having to accept an adverse outcome. Seeking collaborative means of resolving challenges within the industry goes some way towards addressing this particular aspect of the problem.  

Having all stakeholders around a table where the challenges can be frankly discussed and considered in an environment which is non-threatening and conducive to open minded solution finding, may address what the never-ending rounds of litigation have not been able to. Implementation of positive dialogues between stakeholders in line with the Social Harmony National Effort or SHiNE allows all stakeholders the opportunity to take personal responsibility for the role that all have played and ought to play.

Law and regulations, as well as the implementation thereof, are required by the Constitution to promote the attainment of human rights. Where this is not the case, the law and/or regulations need to be carefully considered. Considered in the light of these imperatives it may help to change the mindsets which have been locked in conflict for too long.

An engagement of this nature will allow the Commission to fully inform itself of all challenges by hearing from all stakeholders and considering their perspectives. This will place the Commission in a better position to consider its options since, should it appear that the concerns expressed by the affected stakeholders have a valid foundation, the Commission is then in a position to consider how best, in the interests of promoting the development and attainment of human rights, this can be addressed.

Ends

For further information contact the SAHRC WCPO’s Ms T. Carter, Advocacy Consultant, via email This email address is being protected from spambots. You need JavaScript enabled to view it.  or Western Cape Provincial Manager, Ms. Zena Nair This email address is being protected from spambots. You need JavaScript enabled to view it.. Alternatively call 021 426 2277.