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Regulatory Safeguards For Coastal Community Rights In Port-Led Blue Economy Project




G. Uma Maheswari, Research Scholar/Assistant Professor, VISTAS.

Dr. Jenifer Stella, Assistant Professor, HOD, VISTAS.


ABSTRACT


Development based displacement is a critical issue in recent days, vulnerable fishermen is one of those affected categories who undergoes displacement. The blue economy is the sustainable use of ocean resources for economic growth, improved livelihoods and environmental health. The large-scale projects like port development, industrial zones and tourism development under blue economy leads to development-induced displacement, specifically affects the coastal community though economic growth under the head of blue economy is necessary. The fishermen depended on the coastal and marine ecosystem for their livelihood. The fishermen are being affected by the port development and connected infrastructure development. The development often leads to their displacement which puts their right to livelihood, security, rehabilitation and other rights in question. They loss their cultural identity, economic survival, traditional fishing rights and access to marine resources. There are many international, national frameworks to protect their rights. United Nations Declaration on the Rights of Indigenous people (UNDRIP) 2007 strengthens the protection of indigenous group from forced displacement. United Nations basic Principles and guidelines on Development-based Evictions and Displacement provides guidelines for evictions and state remedies including compensation and rehabilitation. International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1966 speaks about the adequate standard of living, food, water and housing rights of displaced persons. In India, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (LARR Act) which mandates adequate compensation and rehabilitation for affected communities. The Coastal Regulation Zone Notification 2011 aims to protect coastal communities by framing regulation for developmental activities along coastal areas. The Environmental Protection Act 1986 provides environmental impact assessment before developmental projects, and it also necessitates public hearings and participation of affected communities in decision making process. This paper explores the existing laws, policy gaps and plausible recommendations given by the researcher for sustainable port development.


Keywords: Development based displacement, Blue economy and its impacts, Right to livelihood of Coastal communities, Legal frameworks of rights of coastal communities.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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