Human Dignity Is on the Line: Small-Scale Fisheries, Blue Growth, and Human Rights in Lamu, Kenya

Abstract

In Lamu, Kenya, small-scale fisheries are an integral part of culture, livelihoods, and the local economy. Unfortunately, this vibrant region on Kenya’s north coast is under threat from a large-scale development project that affects local communities and the natural ecosystems on which they rely. The implementation of the SSF Guidelines, and particularly the guidelines’ emphasis on protecting small-scale fishers’ human rights, could provide local communities with a measure of protection from these threats. In recent years, the community in Lamu has worked in precisely that direction, fighting and winning a lawsuit against several government agencies that ruled to protect fishers’ constitutional rights to life, culture, a clean and healthy environment, and property. To document this struggle and draw lessons from it, we conducted a literature review and legal analysis, also drawing on our personal experience with the community in question. The court’s novel interpretation of Kenya’s 2010 Constitution makes clear the integral connection between basic human rights and the protection of small-scale fisheries, providing a model for other communities whose rights are threatened by large development projects. At the same time, there is a risk of the 2018 judgment being only a victory on paper as the case continues to wind its way through appeals. There is a wide gap between the court’s ruling and the concrete reality on the ground in Lamu where, despite the ruling, part of the port project has become operational while the remainder is under construction, resulting in environmental damage and the displacement of fishers from their traditional fishing grounds. Despite the continuing failure of the Kenyan government to protect fishers in Lamu, these events nonetheless demonstrate that the SSF Guidelines can be progressively implemented when fishers and civil society make rights-based legal demands.