REGULATORY SAFEGUARDS FOR COASTAL COMMUNITY RIGHTS IN PORT-LED BLUE ECONOMY PROJECT

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.