South Korea has brought in new rules to protect foreign fishermen. Widespread human rights abuses were uncovered on Korean ships last year. This prompted the Ministry of Oceans and Fisheries to apologise publicly and pledge reform. The new rules came into force in January. While imperfect, they set an example for its neighbours to emulate.
SOUTH KOREAN REFORMS FISHING AFTER ABUSES
South Korea accounts for 10% of all distant-water fishing (i.e. fishing outside one’s own waters). Its distant-water fleet is the fourth largest in the world. Yearly seafood exports to Europe and the United States are worth tens of millions of US dollars. However, as South Koreans grow older and richer, fewer are becoming fishermen. Foreigners now comprise 17% of the crew on its distant-water fleet and come mostly from poorer Asian countries like Indonesia, Philippines, and Vietnam.
An 18-month investigation by Advocates for Public Interest Law (APIL) and the Environmental Justice Foundation (EJF) found widespread human rights abuses of foreign fishermen. APIL and EJF interviewed 54 Indonesian fishermen from across 40 Korean ships. Over a quarter reported physical abuse and 63% reported verbal abuse. More than half of those interviewed worked 18 hours or more a day, with some working for days without sleep. To prevent escape, some captains confiscated passports or deducted several months’ wages as ‘commission fees’. An earlier investigation by APIL found the same abuses perpetrated against fishermen from Philippines and Vietnam.
However, new rules came into force in January 2021. Employers must provide a standard contract in Korean, English, and the fisherman’s mother tongue. The contract must provide fishermen with 10 hours of rest a day and a minimum wage of US$540 a month. Commission fees are banned. Ships must provide clean, bottled water.
ABUSES CONTINUE ON TAIWANESE AND CHINESE SHIPS
Another 18-month investigation by EJF found the same abuses on Taiwanese ships. EJF interviewed 71 foreign fishermen from 62 Taiwanese ships: 92% had part of their wages held back; 82% felt overworked; 34% reported verbal abuse while 24% reported physical abuse; 18% were not paid the minimum wage. Some reported being forced to catch dolphins and sharks, despite both species being protected under Taiwanese law.
In September 2020, the US labour department listed seafood from Taiwan as goods tied to forced labour. Last year, the US stopped seafood imports from Taiwanese ships four times over forced labour suspicions. In response, Taiwan has said it will take steps to improve conditions. The island’s fisheries agency has said it intends to set up rest facilities for workers at ports. It is also installing wireless internet on ships to help fishermen stay in contact with their families.
The US department also placed China on its list. Abuses of foreign fishermen have been reported on Chinese ships. Foreign fishermen killed at sea have been thrown overboard, while China has stymied the prosecution of abusive captains abroad. The lack of press freedom in China means it is hard to gauge the extent of abuse on its ships. However, Indonesia repatriated some of its fishermen from Chinese ships and considered banning citizens from foreign ships following revelations of abuses. The move shows its concern about conditions on Chinese ships.
CONCLUSION
Competing jurisdictions, minimal oversight, and the isolation of ocean life leave fishermen vulnerable to human rights abuses. Foreign fishermen face extra barriers, such as language and discrimination. South Korea has set an example to its neighbours by improving labour protections for foreign fishermen. China and Taiwan should follow. If human rights abuses continue, other countries may ban their citizens from joining their fleets. Not only will this tarnish both countries’ images, but it may cause a labour shortage in this economically vital industry.
Samuel is a trainee solicitor and postgraduate at Cardiff University. He is active in several U.K.-based organisations campaigning on behalf of Hong Kong and BNOs. His research interests include transitional justice and the rule of law.