THE CODE OF CONDUCT FOR RESPONSIBLE FISHERIES AND INDIGENOUS PEOPLES:
AN OPERATIONAL GUIDE

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Food and Agriculture Organization of the United Nations
Rome 2009

ABSTRACT

This guide is designed for indigenous fishing communities and for people in the development field working with indigenous fishing communities. Its objective is to provide guidance on impacts and benefits of the Code of Conduct for Responsible Fisheries (hereinafter the ‘Code’) from an indigenous peoples’ perspective. This guide: a) provides an overview on the content of the Code relevant to indigenous peoples; b) shows how the Code can be used to benefit indigenous peoples, in particular those from indigenous fishing communities; and c) identifies some gaps and includes recommendations for all stakeholders on the progressive interpretation of the Code in the light of human rights instruments on indigenous peoples’ rights.

The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views of FAO.

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Acronyms

Acknowledgements

1. Introduction


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     1.1  Purpose and intended users of the Guide
     1.2  What is the scope and purpose of the Code?
     1.3  What is its structure?
     1.4  Why is the Code relevant to indigenous peoples?
     1.5  Role and relevance of the Code’s Technical Guidelines to indigenous
            fishing communities
     1.6  Normative instruments on the rights of indigenous peoples relevant to
            the interpretation of the Code

2. What provisions of the Code and Technical Guidelines are relevant
    to indigenous fishing communities?

     2.1  Framework for governance
     2.2  Fisheries management
     2.3  Participation in fisheries management
     2.4  Access and use rights of fishers and indigenous fishing communities
     2.5  Traditional knowledge and research

3. Conclusion


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References

ANNEX I

     Table. Overview on provisions of the Code relevant to indigenous people

ANNEX II

     Key provisions in the Code relevant to indigenous fishing communities

ANNEX III

     Key provisions of the international normative instruments listed in
     Article 3 of the Code

ANNEX IV

     Provisions on indigenous peoples’ rights relevant for the interpretation of the Code