INLU 2022: IOJI Panel Discussion on Justice and Law of the Marine Environment
IOJI became one of the partners of The Indonesia-Netherlands Legal Update (INLU) 2022 which took place in a hybrid manner on September 19-29 2022. IOJI’s role was to organize a panel discussion discussing issues of climate change, maritime security and human rights violations at sea at the Yustinus Auditorium, Atma Jaya Campus Semanggi, Jakarta, 22/9.
With issues of climate change, maritime security, and human rights violations still occurring at sea, the role of environmental law is becoming more significant. Responding to this problem, it is necessary to reorganize environmental law that adheres to a strong concept of sustainability, supported by broad democratic spaces, good governance and effective rule of law.
IOJI organized a panel discussion discussing issues of climate change, maritime security and human rights violations at sea at the Yustinus Auditorium, Atma Jaya University, Semanggi, Jakarta, 29 September
The interest of protecting nature while at the same time guaranteeing the need for human livelihoods often becomes a dilemmatic issue throughout the world. Likewise in Indonesia, a country where two-thirds of its geographical area is water.
Instead of being sustainable, the need to preserve aquatic biodiversity and provide for the people who depend on the sea for their livelihood is often antagonistic. It is undeniable that the relationship between humans and the marine environment is gradually becoming more complex.
Environmental Law and Blue Justice(Blue Environmental Law and Justice)
The panel began with an opening session that reflected on the effectiveness of environmental law, and explored the potential of various forms of blue environmental law and justice. Dr. Mas Achmad Santosa, CEO of IOJI, as one of the speakers emphasized the need to adopt strong principles of marine sustainability and justice in marine environmental law. Existing principles that can be a starting point for the development of blue environmental law and justice are Blue Justice (Bennet et al., 2012), Blue New Deal (Armstrong, 2022), and the Sustainable Ocean Economy (HLP SOE, 2020).
Some of the principles in the new ocean paradigm have been included in the Indonesian national legal framework. Marine environmental law needs to be developed to help the international community shift from an unsustainable ocean economy to a sustainable ocean economy.
Amidst the contradictions between the two, one thing emerges that is often forgotten when discussing maritime issues: the continuing violations of human rights in the maritime sector.
Sea Justice
The issue of violations of human rights at sea is one of the topics in the 2022 IndonesiaNetherlands Legal Update (INLU) panel discussion. The discussion panel which was also initiated by IOJI was held in a hybrid manner on 22 September 2022.
As one of the speakers, Chair of the Foundation for International Human Rights Reporting Standards (FIHRRST), Marzuki Darusman, specifically highlighted the rights of fishing industry workers in Southeast Asia—the region closest to Indonesia.
Dr. Darusman explained that at least 17,000 workers on fishing boats were enslaved while working in Southeast Asian waters. He noted at least three challenges in protecting workers on fishing vessels in Southeast Asia: the lack of ratification of key conventions, overlapping authorities and difficulties in monitoring at sea.
In response Dr. Darusman, Chief Operating Officer of IOJI who is also the coordinator of the study team “Portrait of the Vulnerability of Indonesian Migrant Workers in Fisheries”, Fadilla Octaviani, explained human rights risks along the seafood supply chain. The risk is especially vulnerable to PMI PP.
That is also what underlies IOJI to deliver a series of policy recommendations through an in-depth study entitled “Portrait of the Vulnerability of Seafarers Fishing on Foreign Ships: Review of Law, Human Rights and Institutions”.
Innovative Legal Framework
Director of Workstream 2 IOJI, Stephanie Juwana specifically explained the issue of governance of blue carbon ecosystems in Indonesia. The presentation focuses on the management of degraded mangrove ecosystems in the coastal areas of the archipelago. In order to restore the management of mangrove ecosystems, said Stephanie, coastal areas need innovative protection instruments that have the potential to be developed in Indonesia. For example Ecologically or Biologically Significant Marine Areas (EBSA) and Other Effective Conservation Measures (OECM).
EBSA does not refer to restrictions on an activity. More than that, EBSA is a form of recognition of the biological or ecological significance of an area. The EBSA is useful for considering marine protection criteria or environmental impact assessments.
Meanwhile, OECM is considered as a new conservation approach to a place that is separate from protected areas. OECM is beneficial when applied without excluding cultural, spiritual, socioeconomic and other values that are relevant to the lives of local people.
Ending the presentation, Stephanie did not forget to remind the role of the community which is absolutely needed in maintaining and managing blue carbon ecosystems.
The full study and press release can be read here