Justice in fishing territories: Human rights violations in artisanal fisheries analyzed by the Colombian Constitutional Court

Abstract

Seas and inland waters have historically been spaces where social struggles have been overlooked and made invisible. This article offers an interdisciplinary analysis of the Colombian Constitutional Court decisions related to human rights violations in artisanal fishing territories. We used a human rights-based approach to study 79 Constitutional Injunctions (Acciones de Tutela) and built a digital database 'Justice in Fishing Territories' (Justicia en Territorios Pesqueros). We identify and discuss the most frequently claimed and protected rights. Most Court proceedings are centered on participatory processes, indicating that actors within the artisanal fisheries sector are excluded from the discussion and approval of development projects. We conclude that the Colombian State has historically privileged the interests of industrial economic sectors to the detriment of the ways of living, territories, and rights of artisanal fishing populations.

Keywords

• small-scale fisheries
• human rights-based approach
• participation
• constitutional injunction (acción de tutela)
• environmental justice