Industrial Fishing And Human Rights Abuses

The recent Netflix documentary Seaspiracy has brought to light a number of shocking revelations surrounding industrial fishing, including illegal whaling and the harmful impact of fishing materials on the ocean. However, one of the most disturbing issues highlighted in the film is how industrial fishing and the need to secure profits have driven human rights abuses internationally. Although this was only a small part of the documentary, the issue is much larger than a relatively short film can demonstrate. Reports highlight how certain sectors of the fishing industry use "forced labour and physical punishment, and even deliberately kill workers". Out in the ocean, away from law enforcement and oversight, it is easy for the perpetrators of such abuse to use workers as commodities in order to further their own financial interests.

THAILAND: THE “GLOBAL EPICENTRE OF ABUSE”

The Gulf of Thailand has been labelled as the “global epicentre of abuse" when it comes to issues related to industrial fishing. Alongside Taiwan and South Korea, there have been a number of cases of human trafficking, forced confinement, physical abuse, and murder within the Thai fishing industry. This “industry is built on slavery, with men often beaten, tortured and sometimes killed,” with the products of their labour being sold quickly for low prices in countries like the US, UK, and within the EU.

A report by the Environmental Justice Foundation highlights concerns of slavery and debt bondage alongside filthy living conditions and physical and sexual abuse rampant aboard fishing vessels from different countries. The report found that the majority of those abused are migrants who have been trafficked into the vessels through brokers. Usually, men and boys from surrounding countries such as Cambodia and Myanmar are offered jobs in construction or other industries by a trafficker. The trafficker convinces them that they will help the worker enter the country and says the migrants can then pay off their debts to them later. Upon arrival, the workers are instead forced to work on fishing boats, where they must pay off their debts by being sold to the captains.

The Guardian interviewed victims of human trafficking, one of whom stated, “When I realised what has happened, I told them I wanted to go back…But they wouldn’t let me go. When I tried to escape, they beat me and smashed all my teeth.” The same young man presented with various other injuries, including deep cuts on each arm. He stated that he had been forced to work 20-hour days, facing regular beatings from his captain and eating no more than a plate of rice each day. Unfortunately, this is the reality for many trafficked migrants within the fishing industry every single day.

THE DRIVING FORCE BEHIND THE ABUSE

One reason behind the human rights abuse taking place in the ocean is the race to reduce costs and increase profits. “A possible consequence of diminishing returns in this race to fish is serious labour abuses, including modern slavery, which exploit vulnerable workers to reduce costs.” Furthermore, the isolation faced by those working at sea, who can often be separated from friends and family for months at a time, makes the abuse difficult to monitor.

There are also jurisdictional complexities, as it can be unclear which country is responsible for providing victims with remedies and overseeing their treatment. There is a growing use of “flags of convenience,” where boats are registered with countries that will not actually scrutinise the vessels’ working conditions. Despite international agreements aiming to protect workers from such abuse, the lack of enforcement and the nature of working in isolation means that employers are able to continue with the exploitation and abuse of workers. Alongside the allegations of complicity and even corruption amongst politicians and police, victims of this abuse are often left with nowhere to turn.

POTENTIAL SOLUTIONS

The International Marine Stewardship Council awards a blue tick to fish that are caught sustainably and without harming other wildlife. The Council currently refuses to award the certification to companies that have been linked to forced labour within the last two years. Whilst this determination may act as a deterrent to would-be exploitative fisheries, it may be more effective if certification were also dependent on the granting of comprehensive worker’s rights. Furthermore, governments may also be able to play a role by refusing import licenses for fish from countries that refuse to combat these abuses.

New Zealand offers an example of how governments can take a leading role in preventing employers from exploiting slave labour. Here, employers who use slave labour are prevented from using New Zealand’s waters. Only vessels that are NZ-flagged are able to fish in its waters, which enables the country to regulate the boats and enforce laws more easily. If other countries take similar steps, it would assist in providing the opportunity for increased oversight of these fishing vessels. In turn, this may help to reduce the ability of employers to exploit workers. However, it is clear that there is much work yet to be done, as this issue is not yet a priority for many governments.

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Tanya is a Law student heading into the final year of her degree at the University of Manchester. She is interested in bringing attention to human rights issues arising from her Pro-Bono work at University (volunteering at the Legal Advice Centre and taking part in volunteering projects). Her main goal is to become a Barrister practising in either Criminal or Family Law.

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