A/HRC/40/56
workers, particularly those on board vessels. New Zealand, for example, introduced
legislation requiring foreign vessels to adopt the New Zealand flag when operating within
its waters, thus extending full and exclusive State jurisdiction over a vessel’s safety and
employment practices. 67 The United Kingdom passed the Modern Slavery Act 2015,
enabling law enforcement officers to board vessels and order them back to port on
suspicion of modern slavery or human trafficking. 68
3.
Other relevant international treaties
61.
Protections for fishery workers may also be derived from commitments in
multilateral and bilateral treaties. Unfortunately, States parties do not always take
advantage of relevant provisions, as is the case for the United Nations Convention on the
Law of the Sea. The Convention requires States to control the social matters of their
registered vessels (art. 94 (1)), provides for States to prevent and punish the transport of
slaves in ships flying their flag (art. 99) and grants a right of visit to any high-seas vessel
that a State suspects is involved in the slave trade (art. 110 (1)). States hardly ever use that
instrument to combat contemporary forms of slavery in commercial fisheries.
4.
Monitoring compliance and administration of remedies
62.
States are responsible for protecting the rights afforded to fishery workers and
administering appropriate remedies for violations consistent with international law. Yet,
despite known human rights and labour rights violations throughout the sector, few workers
receive redress. Human rights case law involving fishery workers is quite limited, and often
concerns access rights of indigenous peoples in developed countries.
63.
In part, that is because most States have weak inspection regimes and fail to
seriously investigate allegations of abuse. In a 2015 report, for example, the Government of
Thailand noted that inspections of 474,334 fishery workers failed to identify a single case
of forced labour – a surprising result, given the well-publicized exploitation within the
industry. 69 As of 2016, the United States Department of Justice had not conducted any
criminal prosecutions relating to human trafficking in United States-bound fishery supply
chains, despite having legal authority to do so.70
64.
The failure of States to effectively monitor and investigate potential abuses is
significant, as most fishery workers face major barriers to accessing justice. Even workers
who are aware of the available protections may lack the opportunity to seek a remedy due
to their informal working arrangements or migrant status. In the case of migrant workers,
vessel owners and operators may escape liability by hiding behind unregulated recruitment
agencies that engage in fraudulent or illegal practices, further depriving workers of legal
recourse against either party. Workers with the opportunity and means to report abuse may
remain silent to avoid losing employment or spending time on lengthy complaint
procedures that result in minimal sentences for abusers.
65.
Opportunities to report abuses are rare for fishery workers who experience human
rights and labour rights violations while at sea. Recognizing that it is difficult to monitor or
control commercial fishing vessels on open waters, some States have turned to vessel
monitoring and global positioning systems. Such systems better enable States to track
vessels and identify signs of human trafficking and forced labour on board. Unfortunately,
not all States have the capacity to invest in monitoring technology and not all vessels
employ such devices.
67
68
69
70
14
FishCRIME, “ILO report on labour exploitation in the fishing sector”, 25 November 2016.
Ibid.
Thailand, Trafficking in Persons Report 2015: The Royal Thai Government’s Response, January 1 December 31, 2015 (Bangkok, 2016), p. 75.
Trevor Sutton and Avery Siciliano, “Seafood slavery: human trafficking in the international fishing
industry”, 2016.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents