Abstract
In South Africa, the Constitution bestows the constitutional obligation to protect the environment, for the benefit of present and future generations, through reasonable legislative measures. Despite this constitutional mandate, the marine ecosystem remains under threat. This is due to the advent of Illegal, Unreported and Unregulated fishing (IUU) in the country. While there is a plethora of domestic and international legal instruments to guard against the illegal proliferation of fish and related products, various marine species face the risk of extinction. To this extent, target 14 of the Sustainable Development Goals (SDG) calls upon State parties to “conserve and sustainably use the oceans, seas and marine resources for sustainable development”. This requires a commitment on behalf of signatories, through inter alia, incorporation of aspects of the goals into their domestic legislation. Against this backdrop, this paper explores the role of the Marine Living Resources Act in the protection and conservation of marine living resources vis-a-vis the relevant parts of SDG 14. It provides an overview of the legislation, and the extent to which it aligns with the objectives of SDG 14. Notably, it interrogates the extent to which the legislation enables community participation in decisions relating to the exploitation of the marine fishery resources in their area. The central thesis of the paper is that, sufficient public participation by rural coastal communities will enhance the fight against IUU fishing , while ensuring a sustainable use of the oceans, seas and marine resources, in line with the prescripts of SDG 14.
Presenters
Molefhi PhoregoPostdoctoral Fellow, Public Law, Nelson Mandela University, Eastern Cape, South Africa
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
2025 Special Focus—Sustainable Development for a Dynamic Planet: Lessons, Priorities, and Solutions
KEYWORDS
Sustainable Development Marine Fisheries Rural Coastal Areas
