BEYOND THE BLUE
For South African small-scale fisheries (SSFs), the concept of Blue Justice gained momentum in the post-apartheid period, when the long battle for social and economic justice started. They lost rights, access, livelihoods, and food security.
The story started with the legal challenge brought by SSFs in South Africa against the fisheries department for the recognition of their rights to practise their livelihood as a group, secure their food and determine their market structure. This was the Equality Court challenge of Kenneth George and Others against the Minister of Environmental Affairs and Tourism in 2004. This case challenged the Individual Transferable Quotas (ITQs) allocation system, the privatisation of rights, monopolisation of the fishing sector and commodification of their food system.
Artisanal fishers, together with the Masifundise Development Trust, formed a social movement to defend their socio-political right to decriminalise their livelihoods. SSFs were viewed as illegal and informal, and labelled as poachers.
In an out-of-court settlement, a core group of academics, activists,developed a new SSF policy for South Africa. The Constitution of South Africa protects the SSFs and their environmental rights in terms of the historical, social, economic, and political context, and the South African Bill of Rights informed the SSF policy for South Africa. A participatory process was followed, with the core principles comprising a collective system, gender equity, tenure rights, and a value chain that supports local food supply. The SSFs of South Africa helped in framing the concept of Blue Justice.