Illegal Fishing Practices and Labor Conditions

The fishing industry has been essential in coastal communities’ sustenance and economic growth. As the consumption of this resource grows, the management of fisheries and labor conditions have come under scrutiny. Indiscriminate fishing, human rights abuses, and inhuman labor conditions are rampant in this industry. In "Slavery at Sea: Forced Labor, Human Rights Abuses, and the Need for the Western and Central Pacific Fisheries Commission to Establish Labor Standards for Fishing",[1]?Professor Chris Wold compares fishing practices and labor issues. The demanding nature of fishing work, characterized by hazardous conditions, faulty equipment, vessels, lack of training, extended periods at sea, long shifts, and physical demand, requires an environment of labor exploitation in this industry. The need for cheap seafood, combined with weak oversight, incentivizes the exploitation of workers, forced labor, human trafficking, sexual abuse, and low wages. The cycle of cost-saving measures that prioritize profit over the well-being and safety of the crew entices human rights abuses and inhuman labor conditions. Examining fishing and labor practice, the report pressed the need to enforce mechanisms established by the United Nations Convention of (UNCLOS), the International Labor Organization (ILO), the UN Food and Agriculture Organization (FAO), and its Code of Conduct, Western and Central Pacific Fisheries Commission (WCPFC). I believe linking fishery management with labor conditions would be an effective approach to tackling both problems. The necessary mechanisms already exist, and it is the international community's responsibility to enforce them.

Labor Conditions and Human Rights Abuses

Fishing industry members face dreadful labor conditions and human rights abuses. The International Labor Organization estimated 2016 that 40.3 million were being exploited in “modern slavery.”[2]?24.9 million were victims of “forced labor”.[3]?Eleven percent were in the agriculture and fishing sector, with as many as 100,000 people enslaved on fishing vessels worldwide.[4]?Labor conditions and Human Rights abuses are linked to fish stock depletion as vessels, and their crew stay longer at sea.?

Commercial fishing is one of the most dangerous professions, with thousands of injuries and fatalities each year, according to FAO and COFI. It involves long shifts, physically demanding tasks, poor availability and use of protective equipment, and inexperienced crew. Bad weather, dangerous chemicals, lack of sleep, stress, harassment, equipment issues, malnutrition, and seasickness can cause injuries at sea.[5]?Injuries at sea can go unattended as fishing vessels are often unequipped with medical assistance or equipment and far offshore from professional medical care.?As fishing voyages extend, the rise in operative costs significantly increases financial pressure on companies and vessel owners. Cost-cutting measures are implemented, such as reducing wages, maintenance of vessels, and neglecting safety equipment. The result is compromised living and working conditions on board vessels worsening the risk of accidents and incidents. The nature of the industry and inadequate safety measures and training exposes workers to injuries and fatalities. Fatigue, caused by extended hours and short rest periods, contributes to human error.?Migrant workers are trapped in fisheries under forced labor conditions due to undisclosed recruitment fees, false promises, and a lack of transparency about the job.[6]?The UN Office on Drugs and Crime (UNODC) reports that many fishers are traded from vessel to vessel and, because they cannot escape, are “de facto prisoners.”[7]??While working, employers, vessel captains, and recruitment agencies frequently confiscate passports and other travel documents, require payment for food, withhold wages, and expose migrant laborers to verbal abuse, physical violence, threats against family, confinement, denial of food and sleep, threats of legal action, and sexual violence.[8]

Migrant workers face human rights abuses under hazardous working conditions. Fleets employ migrant workers to fill positions due to shortages. Longline vessels in the Western and Central Pacific Ocean are flagged by China, Japan, Korea, and Chinese Taipei but have Indonesian, Filipino, and Vietnamese crews. Once employed, migrant workers are exposed to confiscate passports and other travel documents, required payment for food, and withheld wages, and expose migrant laborers to verbal abuse, physical violence, threats against family, confinement, denial of food and sleep, threats of legal action, and sexual violence. Some are in “debt bondage”, paying off a debt arising from “wages advances or loans” to cover recruitment, transportation, daily living expenses, emergency expenses, and medical costs.[9]?The US Department of Labor has reported recruiting practices where workers were deceived through false information regarding wages, contract terms, payment recruitment fees, and signed debts. Also, on Chinese fishing vessels, numerous incidents of forced labor, identity document confiscation, and extended hours of work exposed employees to hunger and dehydration, degrading and unhygienic quarters, subjected to physical and verbal abuse. They were prevented from leaving the vessel until the contract expired and all debts were settled. Indonesia is investigating the death, forced labor, and torture of more than 150 Indonesian fishers. Issues with Asian Fishery vessels are so significant that Indonesia has prohibited Indonesian fishers from working on fishing vessels operated by Chinese companies or flagged by China, the Republic of Korea, or Chinese Taipei when those vessels operate outside their exclusive economic zones.[10]

The fishing industry faces serious issues with labor conditions and human rights violations. Up to 100,000 individuals are enslaved on fishing vessels globally. Some problems are long work hours, physically demanding tasks, physical and verbal abuses, inadequate protective gear, inexperienced crew members, and limited access to medical assistance. Little safety measures, training, and fatigue contribute to human error and endanger workers' lives. Thousands of injuries and deaths occur every year in this hazardous profession. Companies and vessel owners are under financial pressure, which leads to cost-cutting measures that put those onboard at greater risk. Strong regulations must be implemented and enforced to protect the rights and safety of workers in the global fishing industry.

UN Convention on the Law of the Sea (UNCLOS)?

Requires that every such measure for ships flying its flag “as are necessary to ensure safety at sea with regard, among other things, the manning of ships, labor conditions and the training of crews, taking into account the applicable international instruments.”[11]?UNCLOS limits sea freedom by requiring states to regulate registered vessels. States must have a legitimate connection to their registered vessels and take responsibility for administrative, technical, and social matters. States must ensure ship safety, including staffing, conditions, and training while following international regulations. Flag states must protect fishing crews with labor standards under maritime law. The duty to cooperate in the conservation and management of fisheries allows for RFMO to address labor conditions for the crew when labor conditions are affected by straddling and highly migratory fish stock.??Fighting against IUU fishing is crucial in preserving and regulating fisheries resources. Since forced labor and inadequate working conditions contribute to IUU fishing, UNCLOS empowers RFMOs to address labor conditions.

UN Food and Agriculture Organization (FAO)

FAO outlines steps for flag states to control illegal fishing. It collects and shares data on food, agriculture, and fisheries. They've helped create important fisheries management ideas, including combating illegal fishing and improving labor practices on fishing boats. This work started in the 1990s and continues today through the FAO and COFI. The compliance agreement (Declaration of Cancun) calls for governments to enhance cooperation in preventing illegal fishing. Countries must prevent their fishing vessels from undermining international conservation measures by ensuring responsible fishing and controlling vessels. If a state's vessels are not members of an RFMO, they cannot violate its CMMs. But if they catch regulated fish, they engage in UII.?

The FAO Compliance Agreement indirectly implies the importance of labor conditions. Vessels that provide hazardous working environments, use forced labor or violate human rights compromise the effectiveness of CMMs and labor standards. The FAO has connected the use of forced labor to IUU fishing. They have found that operators of these vessels often deprive their crew members of basic labor rights, such as fair wages and safe living and working conditions.[12]

The FAO Code of Conduct has established international standards for responsible fishing operations, including labor standards for fair work and living conditions. These standards are outlined in Articles 6 and 8 of the Code of Conduct. The FAO Compliance Agreement has incorporated labor conditions for crew members into fisheries law, along with preventing illegal, unreported, and unregulated fishing.[13]

Western and Central Pacific Fisheries Commission (WCPFC)

Indonesia proposed a measure to improve labor standards for crew members on fishing vessels in the Western and Central Pacific at the annual meeting 2020. Indonesia's proposal received support from most members, and China opposed it. They believed that adopting binding labor standards for crew should be done by the ILO and International Maritime Organization, not the WCPFC. To improve labor conditions among WCPFC members, the WCPFC should establish labor standards for crew, as there has been a low participation rate in the ILO's Work in Fishing Convention and other relevant ILO and IMO agreements. To improve labor conditions among WCPFC members, the WCPFC should establish labor standards for crew, as there has been a low participation rate in the ILO's Work in Fishing Convention and other relevant ILO and IMO agreements. Article 10 expressly authorizes the WCPFC to do so. That provision allows the Commission to “adopt minimum standards for the responsible conduct of fishing operations.” By referring to “the responsible conduct of fishing operations,” Article 10 suggests back to the FAO Code of Conduct, which specifically refers to the adoption of minimum standards for living conditions. Articles 6 and 8 of the FAO Code of Conduct set international standards, including labor standards, for the responsible conduct of fishing operations to ensure fair work and living conditions.?

WCPFC has the authority to adopt Conservation and Management Measures (CMM) to tackle labor standards and issues concerning human rights. Worker subject to human rights abuses constitutes illegal fishing.[14]?While a substantial body of law exists in the ILO, nothing precludes the WCPFC from adopting rules addressing fishery management and labor condition. I concur with Professor Wold's stance that the objections raised by China are baseless. Flag states must take responsibility for their vessels and improve labor conditions on fishing boats.

Conclusion

China has stated that the WCPFC is not the appropriate platform for implementing labor conditions for fishing crews. Still, the WCPF Convention grants the WCPFC the authority to do so. The ILO's Work in Fishing Convention, which establishes minimum labor standards for crew, is not the only international organization authorized to address labor standards for staff according to international law. The global community has directed all states to prevent IUU fishing and eradicate forced labor. To prevent IUU fishing, WCPFC should adopt binding labor standards for the crew since low participation in ILO work in fishing conventions among member states. WCPFC can better review, monitor, and enforce compliance compared to ILO. WCPFC can also enforce labor standards through high-seas boarding and inspection. The WCPFC has already adopted labor standards for observers, and other RFMOs have also implemented measures to ensure the safety of sharks and cetaceans caught as bycatch. However, there are currently no labor standards in place for the security of the crew.?

The pressing need for binding regulations and substantial improvements in labor conditions for crew members of fishing vessels cannot be overstated. To maximize profits and avoid detection, operators engaged in illegal fishing frequently employ exploitative labor practices, such as underpayment or non-payment of wages, excessive working hours, and unsafe working conditions. Illegal fishing practices are correlated with horrible labor conditions within the fishing industry. It involves breaking the rules and ignoring regulations, which leads to negative effects on labor conditions. Often recruited from marginalized and vulnerable communities, these workers are trapped in a cycle of abuse and exploitation, deprived of their basic human rights, subjected to physical and verbal abuse, and exposed to sexual abuse.?

It is crucial to address illegal fishing practices to protect marine ecosystems and ensure fair and dignified labor conditions for those working in the industry. Governments can promote a sustainable and equitable fishing industry by preventing illegal fishing. This will protect the environment and ensure the safety and welfare of fishing industry workers. Binding regulations could provide a framework to ensure fair wages, reasonable working hours, access to proper healthcare and medical assistance, and safe living and working conditions on board vessels. Implementing such regulations would address the immediate concerns of labor exploitation and reduce accidents, injuries, and fatalities resulting from compromised safety standards. Robust enforcement mechanisms, accompanied by regular inspections and monitoring, would serve as a deterrent against non-compliance and help hold accountable those who perpetrate human rights abuses. We can create a fair and sustainable fishing industry by implementing and enforcing regulations prioritizing the dignity and rights of all crew members over profit. Fisheries rely heavily on workers' contributions, one of the three vital components necessary for successful fishing, gear, and vessels. By enforcing mandatory labor standards, we can effectively combat illegal, unreported, and unregulated fishing (IUU), properly manage fisheries, and safeguard the welfare of those who supply fishery resources.

[1]???"Slavery at Sea: Forced Labor, Human Rights Abuses, and the Need for the Western and Central Pacific Fisheries Commission to Establish Labor Standards for Fishing", [1]?Chris Wold, Professor of Law, Lewis & Clark Law School

[2]???As defined by the article, “modern slavery” is not defined in international law. However, it is commonly used to mean slavery, servitude, debt bondage, forced marriage, and other circumstances of forced labor and human trafficking. Int’l Labour Org. [ILO], Walk Free Found. & Int’l Org. for Migration [IOM], supra note 2, at 9; Roger Plant, Modern Slavery: The Concepts and Their Practical Implications, INT’L LABOUR ORG. [ILO] (May 2014) (working paper).?see also Int’l Org. for Migration [IOM], Report on Human Trafficking, Forced Labour and Fisheries Crime in the Indonesian Fishing Industry, at 41, 43 (2016)?

[3]???“All work or service that is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” ILO Forced Labour Convention, 1930 (No. 29), art. 2, June 28, 1930, 39 U.N.T.S. 55.

[4]???Gavin G. McDonald, Christopher Costello, Jennifer Bone, Reniel Cabral, Balerie Farabee, Timothy Hochberg, David Kroodsma, Tracey Mangin, Kyle Meng & Oliver Zahn, Satellites Can Reveal Global Extent of Forced Labor in the World’s Fishing Fleet, 118(3) PNAS 1, 3 (Jan. 19, 2021).

[5]???Fisheries Crime in the Indonesian Fishing Industry, supra note 2, at 36 (Fishers “faced with no pay, or a token pay, excessive working hours often exceeding 20 hours a day, andunsanitary and unhealthy conditions. This represented the ‘best case’ scenario. For most, it meant human trafficking for labour exploitation, forced labour, physical, sexual, and psychological abuse, with no prospect of escape.”).

[6]???supra note 2, at 31

[7]???U.N. Off. on Drugs and Crime, Transnational Organized Crime in the Fishing Industry, 34 (2011) (“With the possibility of at-sea transshipment a vessel may stay at sea for many years at a time without coming to port.”)

[8]???supra note 2, at 34 and 35

[9]???Greenpeace, Seabound: The Journey to Modern Slavery on the High Seas, at 10 (Dec. 2019), https://www.greenpeace.org/static/planet4-southeastasia-stateless/2019/12/c4f6f6b4-greenpeaceseabound-b.pdf [https://perma.cc/U5TU-WJ76]

[10]?U.S. DEP’T OF STATE, TRAFFICKING IN PERSONS REPORT (June 2021) (“Forced labor is well documented in the private economy, particularly in agriculture, fishing, manufacturing, construction, and domestic work.”)

[11]?The United Nations Convention on the Law of the Sea, art. 94, Dec. 10, 1982, 1833 U.N.T.S 3 (entered into force Nov. 16, 1994)

[12]?U.N. Food and Agric. Org. [FAO], International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, at 1 (2001)

[13]?Article 6.17 emphasizes that “States should ensure that fisheries activities and equipment allow for safe, healthy and fair working and living conditions and meet internationally agreed standards adopted by relevant international organizations.”

[14]?U.N. Food and Agric. Org. [FAO], International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, at 1 (2001)