Aphiwe Moshani

Research 

The uMhlathuze Estuary, located within the culturally rich and vibrant region of Dube in KwaZulu-Natal, South Africa, serves as a vital lifeline for local communities. This estuary is more than just a source of livelihood; it is a spiritual and cultural sanctuary, particularly for the women who have and continue to fish its waters for generations. These fisherwomen, whose lives are deeply intertwined with the estuary, see their activities not merely as routine tasks but as sacred rituals that connect them to their ancestors and the natural world around them. My research explores the profound connection these women have with the uMhlathuze Estuary, the challenges they face due to exclusionary South African blue economy rhetoric, and the significance of their cultural and spiritual practices in the broader context of gender inclusion in the context of relevant international and regional conventions.

For the fisherwomen, the estuary holds the echoes of their ancestors, and the wisdom passed down through the maternal lines of their families. It is in these waters that they find sustenance and spiritual fulfillment, adhering to practices that have been part of their community for centuries. For these women, the estuary represents a sacred space where the physical and spiritual worlds converge. The act of fishing is a ritual, a way to connect with the spirits of the water and honour the legacy of those who came before them. The knowledge of the estuary’s rhythms, its tides, and the behaviour of its marine life has been passed down from generation to generation, from mothers to daughters, as a form of cultural inheritance.

This knowledge is not just practical but also spiritual, encompassing an understanding of the estuary’s role in the broader ecosystem and the community’s place within it. The women see themselves as stewards of the estuary, responsible for maintaining the balance between human activity and the health of the natural environment. This stewardship is a reflection of their deep respect for the estuary, which they view as a source of life and spiritual sustenance.

Images of prawn, crab and clam species that are captured usually by women in the Dube community, KwaZulu Natal South Africa

However, their ability to maintain these traditions is increasingly threatened by exclusionary state-led conservation and blue economy initiatives, which have and persist as an eminent threat that imposes restrictions of small-scale and subsistence fishing, marginalizing the voices of these local resource users.

The current challenges faced by the fisherwomen of Dube cannot be understood without considering the historical context of ocean governance and management in South Africa. During the British colonial period and later under apartheid, policies were implemented that systematically excluded and marginalized indigenous communities, this those reliant on coastal resources for their livelihoods (Ngcukaitobi, 2021; Sunde and Erwin, 2022). With the arrival of British settlers in the former Zululand, now part of KwaZulu Natal, in the latter 19th century, the practice of fishing in areas like Dube began to shift. Recreational fishing, a practice introduced by the settlers, became closely associated with the affluent white communities that developed along the Indian Ocean coastline (Skelcher, 2003). These communities, empowered by colonial policies, laid claim to the most productive fishing grounds, often at the expense of the indigenous populations who had historically fished these waters.

In post-apartheid South African ocean governance, the inclusion of ideas regarding an ‘expanding’ of a blue economy has become pervasive. Although in fairly early stages of conceptualization, South Africa’s blue economy initiative, now referred to the Oceans Economy Master Plan has not been inclusive of the voices and unique experiences of small-scale fisher women across the country’s coastline. Despite the rich cultural heritage and deep ecological knowledge possessed by these women, they have been systematically excluded from decision-making processes that directly affect their livelihoods. Public consultations, and policy planning sessions are often dominated by government officials, corporate interests, and academics, leaving little room for the voices of indigenous fisherwomen. Moreover, this exclusion reflects a broader trend in ocean governance where the needs and rights of small-scale fishers, particularly women, are overlooked in favor of large-scale commercial interests and conservation initiatives that do not adequately consider the cultural and spiritual dimensions of resource and estuary use.

Findings on the role of International and African Conventions

The challenges faced by the fisherwomen of Dube also highlight the limitations of international and African legal frameworks in protecting the rights of small-scale fisherwomen. Two key conventions, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol, provide broad protections for women’s rights but fall short in addressing the unique challenges faced by small-scale fisherwomen. CEDAW, adopted by the United Nations in 1979 and ratified by South Africa in 1995, is a cornerstone in the international legal framework for gender equality. It mandates signatory states to eliminate discrimination against women in all forms, ensuring equal access to education, health care, employment, and other socio-economic resources. Article 14 of CEDAW specifically highlights the rights of rural women, emphasizing their right to participate in development planning, enjoy adequate living conditions, and access training and education. In addition, the Maputo Protocol of 2003 aims to ensure comprehensive rights for women, including participation in political processes, social and political equality, and the right to control their reproductive health. Article 19 in particular focuses on the rights of women in rural areas, advocating for their access to water, food security, and sustainable development.

Despite the broad protections offered by CEDAW and the Maputo Protocol, there is a glaring lack of specific provisions addressing the unique challenges faced by small-scale fisherwomen. These women often operate in informal economies, where their labor is unrecognized and undervalued. The conventions fail to provide targeted measures to protect their rights to livelihood, social security, and cultural practices. South Africa’s post-apartheid government has been particularly slow to prioritize the comprehensive implementation of CEDAW and the Maputo Protocol. As such there is no dedicated national instrument or policy framework that integrates these international commitments into actionable programs for rural fisherwomen. Moreover, their cultural rights, such as traditional fishing practices and community-based resource management, are not adequately protected. The current legal and policy frameworks do not recognize the cultural significance of their work, leading to marginalization and economic insecurity.

During my EARTH Scholarship at the University of Strathclyde, I have been exploring these complex issues under the formidable mentorship of Law Professor Elisa Morgera. This research highlights the need for a more inclusive approach to ocean governance in South Africa and regionally, specifically centering the experiences of fisherwomen, one that ensures that there is fair inclusion decision-making processes and that their rights to livelihood, cultural practices, and spiritual wellbeing are protected.

To end off this digital showcase, I want to extend my deepest gratitude to each of the fisherwomen of Dube. I want to thank you all for graciously sharing your stories and the rich histories of your ancestors with me. The insights you provided, and the cultural wisdom you carry, are truly invaluable. Ngiyabonga ngokungithemba ngemilando yenu nemilando wokhokho benu. Izandla zidlula ikhanda.