BLOOD AND WATER
Human rights abuse in the global seafood industry

A report produced by the Environmental Justice Foundation

1

OUR MISSION

To Protect People and Planet

The Environmental Justice Foundation
is a UK-based environmental and humanrights charity registered in England andWales (1088128).

EJF believes environmental security isa human right.

EJF
1 Amwell Street
London, EC1R 1UL
United Kingdom
www.ejfoundation.org•	Protect the natural environment and the people
and wildlife that depend upon it by linking
environmental security, human rights andsocial need

Comments on the report, requests forfurther copies or specific queries about
EJF should be directed to:
info@ejfoundation.org
This document should be cited as:
EJF (2019)
BLOOD AND WATER: Human rights
abuse in the global seafood industry

EJF strives to:•	Create and implement solutions where
they are needed most – training local
people and communities who are directly
affected to investigate, expose and combat
environmental degradation and associatedhuman rights abuses•	Provide training in the latest video
technologies, research and advocacy skills to
document both the problems and solutions,working through the media to create public
and political platforms for constructive change•	Raise international awareness of the issues ourpartners are working locally to resolve
Our Oceans Campaign
EJF’s Oceans Campaign aims to protect themarine environment, its biodiversity and thelivelihoods dependent upon it. We are working toto eradicate illlegal, unreported and unregulated
fishing and to create full transparency andtraceability within seafood supply chains andmarkets. We conduct detailed investigations
in to illegal, unsustainable unethical practices
and actively promote improvements to policymaking, corporate governance and managementof fisheries along with consumer activism andmarket-driven solutions.
EJF is working to secure sustainable, legal andethical seafood.
Our ambition is to secure truly sustainable, wellmanaged fisheries and with this the conservationof marine biodiversity and ecosystems and theprotection of human rights.
EJF believes that there must be greater equity inglobal fisheries to ensure developing countries
and vulnerable communities are given fair
access and support to sustainably manage theirnatural marine resources and the right to workin the seafood industry without suffering labourand human rights abuses.
We believe in working collaboratively with all
stakeholders to achieve these goals.
For further information visit
www.ejfoundation.org

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Contents
Executive summary

4

Forced labour, slavery, human trafficking

6

Forced labour
Slavery
Human trafficking

668

Illegal, unreported and unregulated fishing

9

What is it?
Why is it a problem?

99

How are human rights abuses related to illegal, unreported
and unregulated fishing?

10

Enabling factors for trafficking and abuse in fisheries

15

The drive for cheap labour in a globalised market
The role of labour intermediaries in the seafood industry
Vulnerable workers
Weak or ineffective legislation and regulation

15
17
19
20

Trans-shipment as a facilitator of illegal fishing and labour exploitation
Flags of convenience
Stateless vessels
Enforcement gaps

23
25
27
29

Lack of enforcement due to cost
Safety and security concerns
Lack of will
Corruption

29
29
30
30

The way forward

33

Conclusion

35

Policy recommendations
Recommendations for coastal, flag, market and port states
Recommendations for fishing companies, processors, importers and retailers
Recommendations for consumers

36
36
38
39

Abbreviations
DoF
Department of Fisheries
EEZ
Exclusive economic zone
EU
European UnionFAO
UN Food and Agriculture Organization
FoC
Flags of convenience
ILO
International Labour Organization
IMO
International Maritime Organization
INTERPOL	The International Criminal Police Organization
ITF
International Transport Workers’ Federation
IUU
Illegal, unreported and unregulated fishing

NGO
PIPO
PSC
PSMA
TAC
UN
UNGPs
UNHRC
UVI

Non-governmental organisation
Port in - port out (Thailand)
Port-state controls
Port State Measures Agreement
Total allowable catch
United Nations
UN Guiding Principles for Business and Human Rights
UN Human Rights Council
Unique vessel identifier

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Executive summary
This report sets out the linkages between rapidly declining fish stocks in the world’s oceans, in partcaused by the widespread practice of illegal, unreported and unregulated (IUU) fishing, and serious
human rights abuses in the global seafood industry. It provides case studies describing the problem,
and analyses solutions that can be employed to address it – in particular, the pressing need for greatertransparency in fisheries.
Seafood is a multi-billion dollar global industry with total export trade valued at US$152 billion in 2017.1
This represents more than 9% of total agricultural exports across the world (excluding forestry products)
and in some countries accounts for more than 40% of the total value of traded commodities.2 Per capita
fish consumption has risen from just 9.9 kg of fish consumed in the 1960s to 20.5 kg in 2017, and thisever-growing demand for cheap seafood from buyers around the world has seen employment in this
sector expand at a phenomenal rate.3 The UN Food and Agriculture Organization (FAO) estimates that
59.6 million people are involved in fishing or aquaculture, with 40.3 million of these working in capture
fisheries and the remainder in aquaculture.4
However, this lucrative global business is under threat from IUU fishing which now accounts for up to 30%
of catches in some regions.5 The global cost of IUU fishing is estimated to be between US$15.5 - 36.4 billion
annually, accounting for 11 to 26 million tonnes of seafood.6 Illegal fishing not only deprives nations of
their fisheries resources, but ultimately results in the collapse of fish stocks. 33.1% of fish stocks are fishedbeyond sustainable limits and 59.9% are on the edge, fished at maximal sustainable limits.7
Falling revenue, very largely due to declining fish stocks, coupled with the growing demand for cheap
seafood, have created powerful economic forces, driving down profits in many fisheries and leading toincreased abuse of crews. In recent years, EJF's reports, along with those by journalists and other nongovernmental organisations (NGOs), have repeatedly shown how overfishing and illegal fishing havesubstantially increased the risks of serious human rights abuses.8/9/10 Fishers, by the nature of their work,
operate in an isolated environment, making them more vulnerable and in need of better protections.
Investigations by EJF have uncovered multiple examples of human rights abuses, aboard multiple vessels,
flagged to different nations and across different geographies. Abuses have ranged from long hours andsqualid living quarters to extreme violence and murder. This report documents case studies of humanrights abuses occurring in the jurisdiction of 11 separate countries.
Labour costs can account for up to 60% of total vessel expenses,11 and fishing operators therefore seek totake advantage of large labour pools from poorer countries in an attempt to drive down costs and increase
their competitive advantage over their rivals.
Local workers often choose to work in more stable, safer, and less labour-intensive industries. With lower
salaries, less social protection and weaker labour rights compared to their domestic counterparts, migrant
workers are extremely vulnerable to traffickers, exploitative brokers, and abusive captains or crews.
This can ultimately lead to workers being forced into bonded labour or slavery, being paid little or nothingfor exhausting and hazardous work. Modern slavery remains extremely prevalent, with 40.3 million men,
women, and children estimated to be enslaved globally across all industries.12
Those who engage in slavery and human trafficking in fisheries capitalise on capacity gaps in monitoring,surveillance and enforcement tools of states. Weak governance has allowed these two issues to become
embedded in many national seafood supply chains.
Practices such as trans-shipment at sea and the use of flags of convenience further exacerbate these risks,
making it more difficult to identify and track possible cases of illegal fishing or labour abuses and lesslikely that governments can take enforcement action. These practices also facilitate other illegal activities
such as drug or weapons trafficking, and can be associated with the use of tax havens.13/14/15
Just as there is a direct causal link between IUU fishing and human rights abuses at sea, the approach to
stopping them must be aligned. Fortunately, there are now solutions that are easily implemented andincreasingly affordable.16 States and international authorities, fishing companies, processors, importers,
retailers and consumers can all play a part.
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EJF recommendations:
States:To combat human rights abuses and associated problems
in the seafood industry, states should embrace greatertransparency, bringing fisheries out of the shadows. EJF hasdeveloped ten transparency principles that can be applied
today at low cost. Set out in greater detail in the conclusion(see page 35) and in the EJF report Out of the Shadows17,
they are:
1. Give all vessels a unique number.
2

Make vessel tracking data public.

3. Publish lists of fishing licences and authorisations.
4. Publish punishments handed out for fisheries crimes.
5.	Ban transferring fish between boats at sea –unless pre-authorised and carefully monitored.
6. Set up a digital database of vessel information.
7. Stop the use of flags of convenience for fishing vessels.
8.	Publish details of the true owners of each vessel –who takes home the profit?
9.	Punish anyone involved in IUU fishing.
10. A dopt international measures that set clear standards forfishing vessels and the trade in fisheries products.

In addition to adopting these transparency principles, statesshould also do the following to tackle serious human rights
abuses in their fishing industries:• Ensure appropriate legal mandates, training and support
for relevant authorities;• Tightly regulate the recruitment process for migrant

workers on fishing vessels, ending the ability for brokers
to use exploitative contracts that create bonded labour;• Provide sufficient resources for detection, investigation andprosecution of human rights cases in the seafood industry.

Industry:
Along with the need to manage reputational risks, industry
face increasing regulatory requirements to consider the risks
of human rights abuses in their supply chain. In 2011 the UN
Human Rights Council (UNHRC) issued Guiding Principles on
Business and Human Rights (UNGPs) to encourage states andindustry to do more to address supply chain risks.18 This has
been followed by increasing national laws, such as the UK’s
Modern Slavery Act, that encourage industry to understandand mitigate human rights abuses in their supply chains.
Corporations involved in the global seafood industry should:• Adopt clear risk mitigation policies and processes that

extend through the supply chain, backed with third-party
verification, to identify and deal with human rights abuses
and associated issues. EJF, together with WWF, other NGOs
and industry developed a code of practice that supports
processors and importers to do this.19• Record, or demand, sufficient data on sourcing vessels toensure no vessel with a history of committing IUU fishing or
labour abuses can taint the supply chain. Use in-house andthird party verification to ensure the accuracy of this data.

• Raise awareness on the dangers of the informal recruitment

industry and promote responsible recruitment practices andwork that excludes recruitment fees for workers.

• Only work with suppliers that have a system in place, or are

working towards a system for transparency and traceability –including the tracing of protein source for farmed seafood.

• Require that social audits or other verifications measures used
to check working conditions on fishing vessels provide a safe
and confidential opportunity to hear directly from workers.

• Work in pre-competitive industry groups and with NGOs tocall on states to implement greater transparency to make iteasier to implement risk mitigation measures.

Consumers:
Consumers can play their part to encourage industry to do
more to address risks in their seafood supply chains. They can:• Demand proof of net-to-plate traceability and clear, specificassurance that products are caught or farmed legally,sustainably and ethically;• Require businesses to publicly state the measures they aretaking to ensure they are not sourcing products that use
trafficked, bonded, forced or slave labour;• Use their collective power to drive change in shops andrestaurants to make sure they only source seafood that isenvironmentally and socially responsible;• Ask retailers to sign up to EJF’s Transparency Charter.
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Forced labour, slavery, human trafficking
Forced labour

Slavery

The International Labour Organization's (ILO) Forced Labour
Convention 1930 (No. 29) defines forced or compulsory
labour as:

Slavery is the “status or condition of a person over whom anyor all of the powers attaching to the right of ownership are
exercised,” as defined in 1926 by the League of Nations.23“all work or service which is exacted from any person underthe menace of any penalty and for which the said person has
not offered himself voluntarily.”20

In 1956, the UN Supplementary Convention on the Abolitionof Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery considered ‘modern slavery’ practices suchas debt bondage and serfdom to be:24

A violation of the convention occurs even if the initial
recruitment is voluntary and the coercive mechanism tokeep a person in an exploitative situation manifests itself at
a later stage.21
Forced labour can be imposed either by state or private
agents. The ILO estimates that of the 20.9 million victims offorced labour around the world, 89% are exploited by private
agents or enterprises such as labour brokers.22• Debt bondage: “the status or condition arising from apledge by a debtor of his personal services or of those of aperson under his control as security for a debt, if the valueof those services as reasonably assessed is not applied
towards the liquidation of the debt or the length and natureof those services are not respectively limited and defined.”• Serfdom: “the condition or status of a tenant who is bylaw, custom or agreement bound to live and labour onland belonging to another person and to render somedeterminate service to such other person, whether for
reward or not, and is not free to change his status.”

Both forced labour and slavery’s definitions are therefore
based on the idea of coercion.25

A slave is “a person over whom any or all of the powers attaching to the right of ownership are exercised”. © EJF
6

Case study locations

UNITED
KINGDOM

MYANMAR(BURMA)LAS PALMAS(SPAIN)TAIWAN

UNITED ARAB
EMIRATESHAWAIISIERRALEONEVIETNAMTHAILANDCAMBODIAINDONESIA

Cambodia

HawaiiIndonesia

MyanmarSierra Leone

Spain (Las Palmas)

Workers exploitedby brokers

Forced labour
on longliners

Workers exploited bybrokers; Illegal reefers

Workers tricked into
the fishing industry

Observers prevented
from working

Crew stranded on boat

TaiwanThailand

United Arab Emirates

United Kingdom

Vietnam

Weak labour
protection laws

PIPO weaknesses;
Trafficking convictions

Bonded labour
in artisanal fisheries

Trafficked fishermen

Uncontrolled fishing
fleet

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Abuse aboard Taiwan’s distant water fleet

CASE STUDYIn May 2018, South African authorities detained the Taiwanese-flagged fishing vessel Fuh Sheng No 11. In a press release on
17 July 2018, the ILO announced that this was the first detention of a fishing vessel under the provisions of the ILO Work in
Fishing Convention (C188).26 Although the vessel was initially inspected because of signs that it was unseaworthy, important
issues related to labour conditions on board were subsequently found by South African authorities during the inspection.
These included: harsh labour conditions reported by the crew, hazardous living conditions on board and the absence ofwork contracts for most of the crew. In later interviews conducted by EJF, the crew also reported physical abuse and sharkfinning, which is illegal under Taiwanese law. After initially claiming there were no human rights abuses on Fuh Sheng 11,
following the release of EJF’s findings Taiwanese authorities sanctioned the vessel. This case demonstrates the connections
among human rights abuses, illegal fishing and vessel safety and how increased port state control and harmonised inspection
standards under international conventions can help detect IUU and other related crimes.
In late 2018, EJF released another briefing on Taiwanese flagged andowned longliners that gave testimony of human rights abuses onfour further vessels, including bonded labour, threats and physicalabuse. As with the Fuh Sheng No 11, these abuses were accompanied
by serious forms of illegal fishing, including shark finning and theintentional killing of dolphins and turtles.27
Similar cases on Taiwanese vessels were discovered by Greenpeace,detailed in the report Misery at Sea.28 One Indonesian crew member
aboard a Taiwanese ship, Urip Muslikhin, was reported lost at sea, only
to be discovered days later, dead on board, with evidence emerging that
he had been seriously abused before his death. Although the Taiwanese
authorities appeared to accept that he had been abused they did notconduct a thorough investigation or make a public statement on thecase, according to Greenpeace. In another case highlighting a worrying
lack of action from the Taiwanese authorities, Greenpeace obtained
evidence that five men who had been convicted in absentia for humantrafficking by the Cambodian courts in 2014 continue to be connected
to recruitment, with the authorisation of the Taiwanese government.
These men are directors and shareholders of the seafood company
Giant Ocean – the front for a notorious human trafficking ring.
Fuh Sheng No 11. © EJF

Human trafficking
Human trafficking is defined in the UN Trafficking in Persons Protocol 20 as:“The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other formsof coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receivingof payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
The protocol (Article 3. b) specifies that the consent of a victim of trafficking is irrelevant when any of the means mentioned above
has been used.
Finally, the notion of exploitation of labour allows for a link between the ‘Trafficking in Persons Protocol’ and the ILO Forced
Labour Convention 1930 (No. 29) and “makes clear that trafficking in persons for the purpose of exploitation is encompassed by
the definition of forced or compulsory labour provided under Article 2, paragraph 1, of the Convention.”298Illegal, unreported and unregulated fishing
What is it?

Why is it a problem?

Illegal fishing can apply to violations in fisheries under
the jurisdiction of a coastal state, or to high seas fisheries
regulated by regional fisheries management organisations(RFMOs). Fishing may also be unreported or misreported
to the national fisheries authority or RFMO. Unregulated
fishing generally refers to fishing by vessels without
nationality, or to vessels fishing in areas or for fish stocks
with no conservation measures to protect them, and wheresuch fishing activities conflict with conservation measures
under international or regional regulations.30

IUU fishing threatens marine environments and the people
who rely on them. By depleting fish stocks and biodiversity,
IUU fishing puts the food security and livelihoods of coastal
communities at risk – small-scale fisheries provide 90% of
the people employed in capture fisheries.31 It also deprives
countries of their marine resources and undermines efforts tosustainably manage fisheries. 90% of fish stocks are caught
within countries’ exclusive economic zones (EEZ) – the areasof coastal water and seabed that stretch 200 nautical miles
from shore to which the country claims exclusive fishing,drilling and other resource extraction rights.32

Examples of IUU fishing

DESTRUCTIVE GEAR
Using explosives, poisons, light fishingor electro-fishing can harm or destroy
marine ecosystems.

VIOLATION
OF LAWS OR
CONSERVATION MEASURES
Includes lack of permission of the respective state,bribery to secure licenses, re-flagging to avoid sanctions
or exploiting management gaps.

FISHING IN RESTRICTED OR UNREGULATED AREAS
Illegal intrusions and flouting of spatial or temporal closures.
Fishing in violation of a State’s international obligations in areas
or for fish stocks lacking management measures.

EEZ

FALSIFYING FISHING STATISTICS
AND VIOLATING QUOTAS
Misreporting, under-reporting, or no reportingof catch, by-catch or discards. Taking more than
the total allowable catch (TAC) Level.

EEZ

PORT AUTHORITY

EEZ
UNLICENSED OR UNREGISTERED FISHING
Involves non-licensed activities, or usage of one
legitimate registration document amongst multiple
unregistered ‘ghost’ vessels.

UNAUTHORISED HIGH SEAS FISHING
Unregistered vessels skirting EEZ boundaries
and fishing in high-seas pockets.

9Trafficked fishermen in the UK and Ireland

CASE STUDY

Human trafficking and slave labour are closer to home than many people think, with abuses being reported across the
British Isles.33/34/35/36 Fishers can face similar forms of exploitation as those working overseas: receiving little or no pay,experiencing verbal or physical abuse, and being forced to work in very poor conditions.
Several recent studies into the fishing industry in the UK and Ireland have found cases of labour abuse amongst the
predominantly migrant fishers on boats. In the Republic of Ireland, for example, 12 cases of alleged human trafficking werereported to the Irish Police between July 2017 and April 2018.37 Four of the abused men, from West Africa, reported having
travelled on tourist visas to Belfast to begin working onboard British trawlers before being forced to work on Irish vessels
instead for no pay.38
The Irish fishing industry exported €559 million worth of seafood in 2016 and currently has almost 2,000 vessels.39
The majority of these are less than 15 metres in length and crewed by around four to six workers.40 A study by the MigrantRights Centre Ireland revealed that out of a sample of 50 Egyptian and Filipino fishers, 80% worked more than 60 hours
a week, whilst 65% worked over 100 hours per week. Average pay was 2.82 euros an hour, well below Ireland’s minimum
wage. In addition, one in four workers had experienced verbal or physical abuse or both while working on the vessels.41
Partly due to concerns over trafficking in the fishing industry, in 2018 the United States Trafficking in Persons Reportdowngraded Ireland for failing to do enough to tackle modern slavery.42
In Northern Ireland and Scotland there are also concerns, with non-European Economic Area (non-EEA) workers being
used as cheap labour via a legal loophole that leaves them vulnerable to exploitation. Non-EEAs can enter the UK usingtransit visas. The International Transport Federation and the Apostleship of the Sea have both raised concerns that thissystem can facilitate abuse, with the latter saying that the transit visa system “creates a culture that allows those minorityof skippers to get away with various abuses, up to and including forced labour”.43 The use of transit visas mean workers may
also receive substandard contracts, be paid less than minimum wage, work unlimited hours and be forced to stay on board
their fishing vessel when in port. Industry bodies, including Seafish and the Scottish White Fish Producers Association,
have called for the system to be reformed.

How are human rights abuses related toillegal, unreported and unregulated fishing?
Workers in the fishing sector are particularly vulnerable tohuman rights abuses, such as trafficking and forced labour.44
By the very nature and remote location of their work and thelack of transparency in large parts of the industry, fishers
are already in a precarious position. They are isolated
and sometimes far out at sea, exposing them to risks of
exploitative working conditions, wage reductions and labour
abuses, unnoticed by the authorities or regulatory agencies.45
In some respects, fishers are a ‘hidden’ workforce, invisible tothe authorities and consumers.46
Where there is inadequate or complete lack of sustainablefisheries management, fishing activities will likely leadto a damaging decline or even full exhaustion of marine
resources. Overfishing of the world’s fish stocks leads not
only to the collapse of these ecosystems, but also to increased
poverty and malnourishment for millions of people who
rely on the oceans as their source of food and livelihoods.

10

As catches decrease, some local and commercial fishers
take increasingly drastic measures to ensure profitability –such as using illegal fishing gears and fishing in protectedor restricted areas. This further contributes to the declineof catches and accelerates the exhaustion of fish stocks.
Increased competition among fishers drives this rush to catchthe remaining stocks, further depleting fishery resources.
The depletion of fish stocks puts pressure on fishing operators
to maintain catch rates and profitability by decreasing
operational costs. As fish stocks are depleted, fishing boats
are forced to travel further out to sea to fish. This increases
costs: long-distance fishing requires more fuel, sophisticatedsupport infrastructure as well as crew staying at sea for long
periods of time.47 Fuel costs are unavoidable, but labour costs
can be modified and distorted. Fishing operations are highly
labour intensive, with fishers’ wages accounting for up to
60% of operating costs.48

The pressure on vessel operators to cut costs incentivises
the use of migrant workers who are often from poorer,developing countries where insufficient domestic
employment opportunities pushes people to seek work
abroad. Migrant workers may face being poorly paid andhave fewer social protections and labour rights comparedto their domestic counterparts.49 This vulnerability to
exploitation and a drive for reduced costs increases the risks
of forced labour and trafficking for fishing crews.50
Low-cost workers in fisheries are particularly vulnerable toslavery, human trafficking and forced labour due to a variety
of factors:51• At sea, escape is difficult and often impossible;• The isolation and distance from regulatory agencies
mean very little oversight, allowing unscrupulous vessel
operators to commit crimes and abuses;• There may not be effective protection against abuses (either
because of a lack of appropriate regulation, or because
countries are under-resourced or lack political will);• Recruitment agencies are often unregulated or poorly
regulated,• Workers may not be able to read their contracts in thelanguage they are written in and may be unclear what theirrights are;• There is a critical lack of transparency and accountability
in the global fishing industry. There are currently nointernational requirements for measures such as a unique
vessel identifiers (UVIs) or registration on a global record offishing vessels, which would help authorities track vessels.
Vessels may also intentionally register with states less ableor willing to exercise control on vessels. This is known as
using ‘flags of convenience’.52
Although trafficking and forced labour have been reported
across the fishing and seafood processing sectors, including
in fish farms, this report will focus on abuse on board
fishing vessels.53• Migrant workers might lack relevant documentation,

Migrant workers may face being poorly paid and have fewer social protections and labour rights compared to their domestic counterparts. © EJF
11

CASE STUDYBonded labour in United Arab Emirates fisheries
The fishing industry across the Gulf Arab States is worth US$270 million a year54, with the United Arab Emirates (UAE)
exporting US$100 million worth of seafood in 2015 alone.55 Although domestic industrial fishing in the UAE has in recent
years become increasingly regulated, with seasonal closures over the winter months for large trawlers, and bans on catchingvulnerable fish species, illegal fishing persists both at an artisanal and industrial level.56
UAE vessels have been spotted illegally fishing Somali waters, jeopardizing already vulnerable fish stocks ravaged by otherforeign fleets. Weak governance and potential corruption of local officials who receive bribes from UAE vessel operators
have facilitated the practice at the expense of Somalia’s own fishers.57 Closer to home, UAE fishers have been found to beusing illegal fishing nets in order to maximize catches, which can lead to accidental catches of endangered species such as
dugongs and sharks. Abu Dhabi authorities also recently discovered a 200-strong fleet of unregistered vessels.58
Human rights violations have also gone undetected. In the northern UAE region of Ras Al-Khaimah lies a string of fishingcommunities, made up of mostly Amarati Indians who have migrated to the UAE.59 They fish using small 12 metre skiffs
owned by local UAE businessmen, catching approximately 100 kg of fish per trip. According to local organisations, theworkers are not paid a salary but instead given a small proportion of the catch. This is barely enough to feed themselves, letalone their families. Workers have also reported having their identification documents confiscated by their employers toprevent them from leaving. As a result, these communities are working in a semi-bonded state, completely reliant on theboat owners to sustain themselves and their families.

Forced labour on US-flagged fishing boats based in Hawaii

CASE STUDY

Honolulu is a hub for 140 US flagged longliner fishing boats that ply the waters around Hawaii for prized swordfish and tuna
species to supply local and national restaurants. Fish from these boats are air-freighted over to the mainland in an industry
worth US$110 million every year.60
Serious labour abuses including forced, unpaid labour, and living conditions akin to slavery were discovered on some ofthese boats in September 2016.61 There were approximately 600-700 workers on board these vessels, predominantly fromIndonesia, the Philippines, and Kiribati.62 Some of these workers reported being paid less than US$1 an hour while being
forced to pay off debts to their brokers and recruiters. One Indonesian worker accumulated debts of over US$5,000 to pay forgetting to Hawaii, recruitment fees, and even for finding his replacement. This sum was gradually deducted from his alreadymeagre salary.63 Ship owners or captains could pay up to US$10,000 to brokers for each worker, a cost which is often thentransferred to the worker for the duration of their contract.64“It turns out that the salary I got is not much better than my job in my homeland...It’s just my silly dream”.
– Unidentified Indonesian worker.
These workers do not have visas to enter the United States and are not lawfully allowed to set foot on US soil.65 Through alegal loophole in US immigration law, they are forced to remain on board their vessels whenever they return to port. The law
in question (I259) specifies that workers must be “detained onboard” for the entire duration of their stay in port and requires
the vessel captain to retain the men’s passports – a practice often used to facilitate trafficking and forced labour.66“We don’t have any visa. We are illegal, so we cannot demand more”.
– Syamsul Maarif, Indonesian crew member.
Workers have also reported being verbally and physically abused. Two Indonesian men who escaped from their vessel in2010 while it was docked in San Francisco told police how they were beaten and kicked by the vessel captain, forced to work
20-hour shifts, and denied access to medical treatment for work-related injuries.67 One of the victims said that food wasso scarce he would often take pieces of raw fish to eat, just to keep his strength up.68 The owner of the vessel in question –Sea Queen II – was taken to court in September 2016 with the case finally settled in January 2018.69/70

12

Linkages between overfishing and labour exploitation

UNSUSTAINABLE FISHING PRACTICESFishers compete
in raceto the bottom

Catchesdecrease

OVERFISHING
illegal, unreported and unregulated (IUU) fishing

Fishers undercut
market rates

Increased fishingeffortFishers
cut cost
in labour force

Fishing
costs rise

Abuses that workers can experience onboard fishing vessels

Wage deductions
Withholding documents

Barring accessto food

Forced totake drugs

Injuries and lackof medical care

Sexual exploitation

No contract

Confinement & isolation
Forced to work
against their will
Verbal abuseor threats

MurderPhysical abuse

Witnessing abuse

13Vietnamese fishing vessels around the world
Vietnam has one of the largest and fastest expanding overseas fishing fleets in the world, with well over 105,000 vessels.
These vessels – known colloquially across the Pacific region as ‘blue boats’71 are often relatively small and therefore notlegally required to carry on-board satellite or mobile tracking devices. This allows the vast blue-boat fleet to hunt for highvalue species – such as sea cucumbers for the lucrative Chinese market – with little or no oversight.

CASE STUDY

The Indonesian authorities alone arrested 1,100 Vietnamese fishermen in 2016, up from 700 in 2015.72
In recent years, Vietnamese vessels have also been arrested in Australia;73 most of the 13 countries that make up the PacificIslands Forum Fisheries Agency;74 Malaysia;75 and Thailand.76 Illegal Vietnamese vessels have even been detained as far as
the Caledonian Islands – over 7,000 km away from Vietnam.77 Persistent infractions by Vietnamese vessels prompted theEuropean Commission to issue Vietnam with a ‘yellow card’ – a warning of seafood trade sanctions – for failing to control its
distant water fishing fleet in October 2017.78
In early 2018 EJF spoke to 24 fishers from Vietnamese fishing vessels that had been detained in Thai waters over the previous
six months. Thailand’s EEZ often suffers intrusions by vessels based in Vietnam’s southernmost province, Ca-Mau. Between
January and May 2018 alone over 50 Vietnamese vessels were arrested for IUU fishing in Thailand’s waters.79 The vesselsthat the crew had worked on used a variety of destructive, and often banned, fishing gears including push nets, gillnets, andeven electro-fishing gears that stun or kill all sea life in the vicinity. Furthermore, some of the individuals that EJF spoke toknew that when their vessels left their home port they would travel to fish illegally in Thailand, stating that the depletion indomestic fisheries left them with no choice.
“It’s not worth fishing in Vietnam. The boat owner pushed me (the captain) to go out of Vietnam
because if not we won’t bring back enough money.”– Vietnamese fishing boat captain.
Crew also described long working hours on board, restricted access to food and water, and only receiving pay if the catch
was good. During the monsoon months boats would not be able to leave port at all, meaning that workers received nothing.
Many of the individuals EJF spoke to also reported owing mounting debts to vessel owners or captains, a common indicatorof debt bondage and forced labour.80

These Vietnamese vessels were detained whilst illegally fishing in the Gulf of Thailand within Thailand's EEZ. © EJF
14

Enabling factors for trafficking and abusein fisheries
Forced labour in the fishing industry is complex andinvolves both the product supply chain and the labour
supply chain.81 In both of them, weak governance allows
unscrupulous businesses to take advantage of vulnerable
workers and resort to forced labour. Labour regulations
are often national, whereas market forces are global and“governments (of all persuasions) are prepared to sacrificethe labour standards of their citizens in a ‘race to the bottom’
for trade and investment.”82

The drive for cheap labour in a globalised market
International retailers hold great power over the distributionof seafood.83 This is due to the globalisation of the fisheries
value chain, which means that each activity adding value tothe fish product can occur in a different country.84
To maintain consumption in the Global North, international
retailers and other companies are forcing down the price ofgoods, such as seafood, imported from abroad. This is done

through reliance on harsh labour regimes in the Global
South.85 Companies use global supply chains to obtaincheaper inputs from, and outsource labour to, lower cost
regions of the world economy.86
This has two consequences. First, retailers might not beaware of the ‘upstream’ elements of their supply chain or
might simply decide to ignore it. Market sourcing policies
often do not reach the primary levels of a supply chain
as they are often regarded as disassociated from the final
product.87 These supply chain ‘disconnects’ – inadvertentor not – can allow forced labour and human trafficking toflourish at the end of a supply chain furthest away from theconsumer. Second, seafood suppliers are generally paid low
prices, while having to provide goods quickly or at short
notice and regularly facing delayed payments. This fosters areliance on cheap and forced labour, as a way to cut costs.88
Such reliance is reinforced by the use of labour market
intermediaries and subcontracting.

Contributing risk factorsof human trafficking and forced labour onboard fishing boats
trans-shipments

trafficking victims areless likely to speak out

untraceable

no observers
onboardIMO

use of flagsof convenience

unregisteredalready criminal

old or unsafe vessels
15Market figures

Five largest fleets in the world

700,000 (2016) CHINA
620,830 (2012) INDONESIA
238,772 (2015) INDIA
152,998 (2013)

JAPAN

109,000 (2015)

VIETNAM

Five largest wild capture countries in the world
TONNES
per/capture/landings (2016)15,246,234

CHINA

6,109,783

INDONESIA

4,897,322

USA

4,466,503

RUSSIA

3,774,887

PERU

Top 10 capture fisheries countries in tonnes of seafood caught
Country

Tonnes (2018)% of total

China

15 246 234

16.8%

Indonesia

6 109 783

6.7%

USA

4 897 322

5.4%

Russia4 466 503

4.9%

Peru

3 774 887

4.2%

India

3 599 693

3.9%

Japan

3 167 610

3.5%

Vietnam

2 678 406

2.9%

Norway2 033 560

2.2%

Philippines

1 865 213

2%

Top 10 countries

47 839 211

52.5 %

Total world
production

90.9 million

100%

Marine fisheries around the world directly or
indirectly employ over 200 million people.
The market value of marine and coastal
resources and industries is estimated at
US$3 trillion per year or about 5% of global GDP.
The European Union (EU) is the largest seafoodmarket and importer in the world, accountingfor 20-25% of the global seafood market.
Imports were worth €21 billion in 2014.
US seafood imports in 2014 totalled
US$20.2 billion (€18 billion), of which shrimps
amounted to US$6.7 billion (€5.9 billion).

FAO report (2018).

A reefer unloads fish at Abidjan port in Ivory Coast. © EJF
16

CASE STUDY

Volatile tuna prices in the Pacific mean more recruitment of cheap migrant labour
Fish prices can fluctuate massively as a result of several factors, including supply and demand variations as well aschanging fuel prices.89 Some of the most volatile prices are for tuna: they can rise and fall to such an extent that theydictate whether or not vessels go to sea. Tuna prices in Thailand and Ecuador – the two benchmark markets because of
their global significance in tuna processing90 – between September 2015 and January 2016 were at their lowest level since2009 hitting new lows of US$950 - 1,000 per tonne.91 This is in comparison to trading prices of approximately US$1,800
per tonne in 2014 and close to US$2,500 per tonne in 2013.92
Price drops such as these leave vessel owners struggling to maintain profitability. In Taiwan for example, large longliners
have been known to remain in port as the costs of fuel and labour far outweigh the gains from fishing.93 For Sri Lanka’s
deep-sea fishing fleet, labour costs can account for 45% of operational costs, while fuel accounts for between 37-41% ofsuch costs.94 Although fuel costs can vary, it is difficult for vessel operators to cut fuel costs themselves. This makes theemployment of migrant workers – often prepared to work for less than nationals – an attractive step for vessel operators.
Many fleets across the Asia-Pacific region opt for such a solution.95/96 The drive to keep costs at a minimum opens the door
for human trafficking and forced labour on board these vessels.97 Lax labour laws along with exploitative broker networks
and vessel captains further compound these issues.

The role of labour intermediaries in the seafood industry
Labour market intermediaries – so-called ‘brokers’ – recruitand supply workers to fishing boat owners, piers, processing
facilities and other employers. When recruitment channels
cross countries with a weak rule of law, and where migrant
workers are trafficked or smuggled into the workforce, labour
brokers flourish.98 Migrant workers often rely on brokers
because of complex bureaucracy, language barriers and lackof local contacts to access the job market of a foreign country.

Whether or not they are licensed, brokers can play amajor role in the deception of workers, taking advantage
of impoverished people faced with a lack of work
opportunities.99 Brokers have been documented lying aboutjob offers or working conditions, requesting huge fees,
selling workers to human traffickers and unscrupulous
employers, receiving the salary for the employee andretaining part or all of it.100/101

Debt bondage cycle

Documentation
charges

Brokerage or recruitmentcompany fees

Travel arrangements
such as flight tickets
or fuel costs
Wage deductions
for food
and water

Trafficking
or smuggling fees
across borders

Wage deductions
that are repaid at the endof the contract*

Loans with highinterest rates that
gradually accumulate| *This is often used to prevent workers from fleeing
halfway through their contract. |RECRUITMENT

TRANSIT

FINAL DESTINATION

Recruiters travel to villages and enticepotential workers with job offers.

Workers often have to pay for their own travel
arrangements or are smuggled across borders.

Some may be deceived into thinking they 17
will be working in a factory but will end up
on a fishing boat.

Tricked into the Thai fishing industry

CASE STUDY

Many of the victims of trafficking and forced labour who end up on fishing boats are there because brokers and traffickers
deceived or coerced them. Brokers – often an unregulated profession – promise opportunities in destination countries thatoffer attractive prospects for economic security and the ability to send money back to their families.102
Brokers in Thailand have historically not required formal licenses and under certain recruitment channels it is still not
mandatory for employers to use licensed brokers.103 This informal system allows unscrupulous individuals to exploit
recently arrived migrant workers. A 2018 report by the ILO in Thailand found that 53% of 434 workers in the Thai fishingand seafood industries reported some form of wage deduction in the form of fees charged for transport, ‘pink card’ identity
documents, or lodging and sustenance.104
Thai brokers have in the past been known to charge up to 7,000 baht to recently arrived Myanmar nationals in order to belegally registered in Thailand under the ‘pink card’ scheme.105 Recent arrivals are easily exploited as they often do not speak
Thai and are not aware of labour laws or their rights. Contracts are often written only in Thai, meaning that workers cannot
understand their agreed working hours or rest periods and whether or not deductions will be taken from their salary.106
To pay broker fees, migrant workers are often forced to borrow money, sometimes from informal sources such as theirfamily or through the sale of assets such as land or possessions.107 Workers who have done this are then reluctant toleave employment even if they find their new employers are abusive. Alternatively, other brokers seek payment of theirfees during employment, by deducting their fee from the worker’s wages. Combined with charging inflated interest on
outstanding fees, this practice risks creating debt bondage, a common form of forced labour on fishing vessels. Thiscan create an immobilising cycle whereby migrant workers do not want to return home to their families until they havegenerated enough income to pay off their debts.

Living quarters on the Thai boat that 14 Myanmar migrant workers lived on before being rescued from the port in Kantang. © EJF
18

Vulnerable workers
Migrant workers are especially vulnerable to incidences offorced labour because they often experience communicationand cultural barriers which increase the likelihood ofabuse.108 For instance, contracts may not be provided in theirnative language, meaning that they cannot understand theconditions of their employment agreement.109

CASE STUDY

In addition to often having weaker legal protections,migrants may be unaware of those rights they do have andmay not know they can report grievances or complain about
working conditions. According to a 2013 survey by the ILO
of 596 workers in the Thai fishing industry, 61.7% of workers
felt that their rights had not been violated; however, afurther inspection of the conditions of their fishing vessels
showed otherwise.110 Another study by the Global Alliance
Against Traffic in Women found that Cambodian migrant
workers in Thailand had little awareness of their labour
rights and options for legal assistance while in Thailand,with many resistant to seeking government help in the eventthat they were exploited.111

Migrant workers are vulnerable to abuse partly because they are often unawareof their rights. © EJF

No escape from a sinking ship
In a two-year investigation by Seoul-based Advocates for Public Interest Law and the International Organization
for Migration, numerous cases of human rights abuses and negligence aboard South Korean fishing vessels were
documented. Interviews with some 70 migrant fishermen based in the Republic of Korea, Vietnam, Indonesia andthe Philippines revealed cases such as the Oryong 501. Aboard this vessel, safety provisions were so poor that when
the ship sank in the Bering Strait in 2014 – as a direct result of the captain forcing the crew to continue fishingdespite severe weather – only seven out of the 60 crew, mostly migrant fishers, survived.
Human rights abuses facing migrant fishermen aboard South Korean ships first came to light in 2012, when 32 Indonesiancrew members escaped from the Korean vessel Oyang 75 in New Zealand. They claimed that they were sexually andphysically assaulted, and not paid their wages, which was confirmed by both Korean and New Zealand authorities.112

Oryong 501 photographed in 2012. Photo credit: Seafarer Officer Practice Naver Cafe / 네이버카페: 해기사실무
19

Weak or ineffective legislation and regulation
Governments – in all regions – might choose to ignore therelationship between forced labour, intermediation and theinformal economy “in their desire to foster flexible labour
markets.”113 Labour regulation and trade unions are still
weak in much of the Global South. For example, under theThai Labour Relations Act, migrant workers in Thailand are
currently prohibited from forming or joining labour unions.114
As a result, workers cannot muster adequate support to fightlabour abuses or regulatory loopholes that allow exploitation
to continue. In distant water fleets, organisation of tradeunions can also prove extremely difficult. Even whenproblems can be identified, in many states enforcement
measures are weak, a problem discussed below.
International conventions related to the ability of migrant
workers to organise trade unions and undertake collective
bargaining (ILO Conventions 87 and 98) as well as theworking conditions of fishers (ILO Convention 188) do
exist. Too often, however, relevant states have not signed or
implemented them — for instance Thailand has not signed
ILO Conventions 87 and 98. Only 13 states have ratified
Convention 188,115 which entered into force in November 2017.
Most key fishing nations across the world, such as Korea andthe US, still need to ratify the convention and integrate it into
national law.116 Slow ratification and enforcement of labour
conventions can inhibit effective flag and port-state controls
and allow illegal operators to continue IUU fishing and thetrafficking and exploitation of their workers.

Fishers work in one of the world’s most hazardous
professions. At sea, safety is paramount, but unlike nonfishing vessels there is not an international agreement
currently in force that aims to make life on fishing vessels
safe. This gap is being addressed by the International
Maritime Organization’s (IMO’s) Cape Town Agreement,
which sets standards for design, construction and equipment
to ensure the safety of crew and observers on fishing vessels.
Ratification of this agreement would mean that vessels areunder greater scrutiny because of safety inspections, which
can in turn help identify and eradicate human rights abuses,
as happened when the Fuh Sheng No. 11 was inspected (seecase study above). If a state ratifies the agreement, they caninspect vessels calling at their ports regardless of whether theflag state of the vessel is a signatory.117 However, at the time ofwriting, only 11 states had ratified, half the number needed forthe agreement to enter force.118
One positive development is the recent acceleration of statessigning up to a third key international measure, the FAO’s Port
State Measures Agreement (PSMA).119 The PSMA strengthens
and unifies regional and international port state legislation
while also helping to eliminate ports of convenience.120
Measures include improving dockside inspections, blocking
entry to vessels known to be involved in IUU, and sharing
information with the states whose vessels contain IUU
product. The PSMA came into force in May 2016 and at thetime of writing had 57 ratifications after several countries
including the Philippines, Turkey, Libya and Sierra Leone
ratified the agreement in 2018.121

Countries where the EU IUU Regulation has been used and is currently being used

TAIWANVIETNAMCURACAO

PHILIPPINESPANAMATOGOTUVALUGREEN CARD
Belize, Curacao, Fiji, Ghana, Guinea, Panama,
Papua New Guinea, Philippines, Solomon Islands,
South Korea, Sri Lanka, Thailand, Togo, Vanuatu

20

YELLOW CARD
Kiribati, Liberia, Saint Kitts andNevis, Sierra Leone, Taiwan, Trinidad
and Tobago, Tuvalu, Vietnam

RED CARD
Cambodia, Comoros, Saint
Vincent and Grenadines

KIRIBATICASE STUDYLabour legislation in Taiwan leaves migrant fishing workers at risk of exploitation
Migrant fishers in Taiwan are vulnerable to exploitation not only through brokers but also because of a lack of protective
labour regulations. Indeed, migrant workers on Taiwanese fishing vessels are split into two groups, with workers recruitedby brokers or agencies in Taiwan receiving considerably greater protections than those recruited outside of Taiwan, as iscommon in the distant water fleet.122 Migrants workers recruited in Taiwan are protected by the Labour Standards Act,123
National Health Insurance Act,124 and Labour Insurance Act125 among others, with responsibility falling to the Ministry ofLabour.126 Workers recruited overseas, however, only receive basic protections from a separate set of weaker regulations
operated by the Fisheries Agency.127
Lack of protective legislation can leave migrant workers vulnerable to exploitation and abuse.
This was the case for Supriyanto, an Indonesian man recruited overseas to work on a Taiwanese longliner called ‘Fu Tzu
Chun’.128 Supriyanto had previously worked on a similar vessel in 2014 and had returned to Indonesia, before deciding that heneeded more money to sustain his family. He was recruited the second time by Jangkar Kaya Samudera, an Indonesia-based
recruitment agency with a contract that promised US$350 per month. It was later revealed that his Taiwanese employer would
deduct US$100 from his monthly wages, which would then be given back to him at the end of his 24 month contract. This was
designed to prevent him from running away. Further deductions and fees were charged to Supriyanto over the first few months
meaning that he only received US$100 for his first two months of work. During his time on board Fu Tzu Chun, photographic
and video evidence shows that Supriyanto was beaten and abused by the captain and fellow crew members – on the captain’sorders. He eventually died on board the vessel as a result of his injuries, less than four months after starting work.129

The Fuh Sheng No.11 moored up in Kaohsiung port, Taiwan in November 2018 - six months after its initial detention in Cape Town. © EJF
21

CASE STUDYPort in - port out system in Thailand
In an effort to address inadequate portside inspections at a time when it was seeking to combat both IUU fishing and humanrights abuses, in 2015 the Royal Thai Government unveiled a network of 32 ‘port in - port out’ (PIPO) centres distributed
among Thailand’s 22 coastal provinces.130 PIPO centres are responsible for documenting the departure and arrival of every
fishing vessel and to carry out inspections to ensure compliance. The objective of PIPO is to minimise the risks of IUU
fishing, identify signs of trafficking amongst crews and prevent crew transfer at sea.
Through in-depth and ongoing field investigations since 2015 EJF has identified significant failings across the PIPO
system.131 EJF has observed inspections and procedures at 28 centres around Thailand since February 2016. Key componentsof the PIPO process such as interviews with vessel crew and inspection procedures can vary hugely between PIPO centres.
Although there is a universal checklist for PIPO officials to ensure that inspections are carried out to the same standard,
there continue to be inconsistencies in its use. Gaps across the network mean that the efforts of effective PIPO centres arebeing undermined by less-thorough regimes at others, thereby weakening the entire network. This is exemplified by thefact that in 2018, across Thailand’s network of 28 PIPO centres, there was not a single identified case of forced labour orhuman trafficking.132
Continued inconsistencies during PIPO vessel inspections have the potential to allow illegally caught seafood to continue
to enter the supply chain, and trafficking and abuse of crews onboard Thai fishing vessels to continue undetected. It isimperative that PIPO officials follow the set guidelines provided to allow the PIPO network to become a credible andeffective monitoring and enforcement mechanism.

PIPO officials in Nakhon Si Thammarat, Thailand speak with crewmembers during a routine vessel inspection. © EJF
22

Trans-shipment as a facilitator of illegal fishing andlabour exploitation

spend months or even years isolated at sea, without access toreporting mechanisms to authorities or any prospect of law
enforcement intervention.”137

One method that traffickers use to transport and transfer
fishing crews is trans-shipments at sea.133 This involves
the transfer of catch from fishing vessels to reefer vessels
or ‘mother ships’ which then transport fish back to port.
Reefers or other support vessels also resupply fishing boats
with fuel and food, allowing the vessels to stay at sea almost
indefinitely, thereby reducing fuel costs. Fish transport
vessels can range in size from converted fishing vessels up
to large-scale refrigerated cargo vessels capable of carrying
many thousands of tonnes of fish. When trans-shipments
take place at a designated location near port, states can moreeasily control them. Trans-shipment, however, can occur
hundreds of kilometres from land, far from any inspections
that port visits might entail.

For this reason, in well-managed fisheries trans-shipment
at sea is banned or is subject to stringent national andinternational controls such as the presence of observers andelectronic monitoring.138 However, as will be explained later,
their presence may not result in improvements and observers
might even be reluctant to work on board fishing vessels.

Trans-shipments can aid IUU operators in their efforts asillegally caught fish can be mixed with legitimately caught
fish from other vessels. They can also facilitate trafficking
and forced labour as vessels come to port less often, reducing
the chance for inspections. In more extreme cases, transshipments can also be used to rotate crews between fishingvessels without going back to shore, trapping trafficked crew
on board.134 Vessel owners use this tactic to minimise therisk of their crews escaping. Trafficked workers might betrans-shipped between vessels when individual boats need toreturn to port for repairs135 or whenever a vessel has to returnto shore to land their catch.136 Consequently, “fishers may

Banning trans-shipment at sea is an effective legislative
measure that forces vessels to come into port, where catch
transfers can be observed and potential cases of abuse ortrafficking can be identified. If trans-shipments do need tooccur at sea, adequate enforcement measures are necessary
to ensure that regulations are followed. These can include
the deployment of on-board observers and the installation of
on-board cameras and sensors on fishing vessels that can bemonitored remotely.
Cameras have already been successfully trialled in limiting
fish discards on board North Sea fishing vessels but could also
be applied to combat IUU fishing and forced labour.139
A similar project to fit Thai-flagged refrigerated cargo vessels(or reefers) with electronic reporting systems and cameras
has also been rolled out. The Bangkok Fisheries Monitoring
Centre then receives a notification and photograph wheneveractivities such as holds opening, crane movements, or speed
changes occur on board.140

Transhipment taking place in Sierra Leone. © EJF
23

Acquittals in Ranong

CASE STUDY

Two Thai fishing vessels – K Nawamongkholchai No. 1 and No. 8 – that were found to have been fishing in Indonesianand Papua New Guinean waters were boarded by Thai authorities in January 2016. 141/142 The raid was conducted after theRoyal Thai Police received a tipoff from authorities in Samut Sakhon about potential labour abuses on-board. A total of 15
Cambodian crewmembers from the vessels were later identified as victims of trafficking and cases were filed against thetwo boat captains and also a fish market owner based in Samut Sakhon.143
The cases were filed in Ranong Provincial Court and eventually reached final verdicts in February and March 2017 – overa year later. The court acquitted both boat captains and the fish market owner of all charges including human trafficking,using forced labour, and coercing crewmembers to work on their vessels. The court ruled in the case of K Nawamongkholchai
No. 8’s captain that there was no evidence of deception or coercion because the fishing vessels clearly had fishing gearon board, and resembled fishing vessels. This meant that the workers must have known when they approached the boatthat they were boarding a fishing vessel. The court also stated that the alleged working hours of 22 hours per day must be
fabrications as no normal person would be able to survive such arduous working conditions.
In the case of K Nawamongkholchai No. 1 the court ruled that the victims had encounters with Thai authorities in which
they could have alerted them to their working conditions. Although the victims could not speak Thai and there were notranslators present, it was judged that they could have communicated through other means if they were really working
against their will. The court also ruled that because the house that the crew stayed in before boarding the vessel was notlocked there was no evidence of deception or imprisonment.
In both cases, no account was taken of the extreme power imbalance between the crew and their captains, theirunfamiliarity with Thai laws and the potential use of bonded labour and threats to crew and their families to enforce
conditions of forced labour.

Workers at
at aa PIPOPIPO inspection
inspection inin Phang-Nga,
Phang-Nga, Thailand.
Thailand. ©
© EJF
EJF
Workers
24

These two unsuccessful convictions, and the basis onwhich the court made them, demonstrated a very poor
understanding of human trafficking and have set a dangerous
precedent for future trafficking cases. They are examples
of how the judicial process has sided with the defendants
based on a misinterpretation of both forced labour andhuman trafficking as per Thai labour laws (Anti-Trafficking
in Persons Act B.E. 2551 (2008)) and the principles of the ILO’s
Forced Labour Convention C29. These rulings may dissuadetrafficked workers from pressing charges for fear that theircases will be dismissed and for them to face subsequent
retribution from their traffickers. Migrant workers may also
be dissuaded from raising cases or alerting the authorities in
the first place by the way previous victims of trafficking havebeen treated during the judicial process. They demonstrate
the urgent need to train not only enforcement officials but
also judges and others in the judiciary about the importanceof taking a victim-centred approach to human trafficking.

FoCs are notoriously easy, quick and cheap to acquire.
The process can be done online and can take just 24 hours.145
Their use is advantageous for vessel operators as they allow
for cheaper registration fees, low or no taxes, and freedom
to employ cheap labour. Vessels can also engage in ‘flaghopping’ whereby they re-flag several times a year in order
to confuse surveillance and enforcement agencies.146

Flags of convenience

FoCs exacerbate a lack of transparency that hinders the workof law enforcement officers, making it extremely difficult forthem to “seek basic confirmation of registry and investigative
information from the relevant authorities”.148 According toInterpol, this highlights “the frequent disconnect between
registry authorities and law enforcement agencies.”149

Under international law, flag states are primarily responsible
for ensuring vessel compliance with international minimum
standards. Consequently, vessels wishing to circumvent
fishing and labour regulations often choose to register instates that are unable or unwilling to implement effective
legislation and ensure controls. These vessels therefore adopt
what are called ‘flags of convenience’ (FoCs).144

In theory, according to international law, flag states should
only register vessels that have a ‘genuine link’ with them.
This means that “there should exist within the flag state asubstantial entity, which can be made responsible for actionsof the vessel”147 and penalised if the vessel operates illegally.
Unfortunately, as a result of the lack of a practical definitionof ‘genuine link’ by the UN, some states allow vessels to gaina flag using a paper-based shell company without any assets
or real presence in the country. Consequently, FoCs facilitate
anonymous ownership of vessels, and in most cases, there isno direct link between the owner of the FoC vessel and theflag state.

Panama received a yellow card from the EU in 2012 in part due to its role as a flag of convenience. This was removed in 2014. © EJF
25

CASE STUDY

Flags of convenience around the world
The International Transport Workers’ Federation (ITF) has identified 33 countries that are classified as FoC countries.
In July 2018, the TryggMat Foundation’s combined IUU vessel list contained data on 305 fishing vessels used for IUU fishingand fisheries crime. While the analysis of the dataset showed that close to half of these vessels were stateless or had an
unknown flag state, the data also showed that over a third of vessels with known flags were operating under a FoC (as per the
ITF list), demonstrating the link between IUU fishing and FoCs.150 Cambodia was until recently an infamous FoC. Since 2016,
the Cambodian shipping register has changed its policy on foreign-owned vessels and has begun stripping them of theirCambodian flags. Cambodian vessels will now need to be registered in Cambodia if they want to receive a flag.151/152
FoCs are also used when vessels of a particular nationality are limited by national quotas. For example, Taiwanese vesselowners have been known to use FoCs to obtain access to quota (as set by several regional fishery management organisations)beyond that available to Taiwan, while at the same time evading regulatory measures governing both fisheries operations
and the treatment of crew. Official statistics from the Taiwanese Fisheries Authority put the figure of Taiwanese owned
vessels operating under a foreign flag at 252 vessels.153 However, Greenpeace estimates that there are closer to 480 such
vessels.154 71% of the known 252 vessels using foreign flags are flying FoCs as identified by ITF. Two countries – Vanuatu andPanama – are the most common, together accounting for over 60%.155
FoCs can not only lead to confusion and circumvention of fishing regulations but also exacerbate or facilitate human rights
abuses. A recent murder case involving a Vanuatu registered, Taiwanese owned tuna longliner – Tunago No.61 – shows how FoC
and beneficial ownership jurisdictions can impact subsequent investigations. The captain of the vessel, Xie Dingrong, was killed
by six crewmembers while at sea between Fiji and Easter Island.156 They have since been sentenced to 18 years imprisonmentby the Vanuatu Supreme Court. The court investigations found that the Indonesian crewmembers on board had experienced
wide-ranging physical and verbal abuses at the hands of Mr. Xie.157 Although numerous human rights abuses and incidences of
mistreatment were recorded during the hearings, to date there has been no formal investigation of the Taiwanese owned vesselby the Taiwanese authorities either into the recruitment process, or the treatment of the crew on board.158

A trap vessel in Cambodia, until recently a state notorious for allowing vessels to use it as a FoC. © EJF
26

Stateless vessels
A ‘stateless’ vessel is one not registered in any country.
This facilitates illegal fishing and is a dangerous threat tolegal fishing operators as well as global fish stocks. It also
leaves crew completely unprotected by any responsible flagstate. Just under half of the TryggMat Foundation’s global‘blacklist’ of IUU fishing vessels are deemed stateless orwith an unknown flag state, demonstrating their prevalencein fishing crimes.159 They predominantly target high-value
and therefore often vulnerable or critically endangered
species such as Antarctica toothfish (Chilean sea bass) ortunas.160/161/162 Their use of illegal fishing gears to maximize
their own yields at the expense of fish populations makes
them a destructive scourge on the high seas. This can havedevastating consequences for fragile marine ecosystems,
especially those already highly susceptible to overfishing.163
Often with lax formal registration, or none at all, they operate
under no regulations and are predominantly unknown tointernational authorities. This makes them both difficult totrack and arrest.

CASE STUDYStateless vessels’ identity crises
In October and November 2016 nine tuna longliners, claiming they were registered in Bolivia, arrived at Phuket port in
Thailand, saying they needed repairs after fishing in the Indian Ocean.164 After an investigation by Thai authorities it was
found that these vessels were not registered in Bolivia and they were subsequently impounded. Fake documents foundon board the vessels indicated Taiwanese ownership; however, because of difficulties in establishing links this has notbeen verified. Seven of these vessels were deemed stateless by Thai authorities in February 2018.165
EJF investigations found that four of the impounded longliners were listed on the Indian Ocean Tuna Commission’s
vessel ‘blacklist’ for illegal fishing in May 2015 but under different names. When EJF spoke to some of the crew from thesevessels they said that their vessels would change names several times in one trip depending on where they were fishing.
“The vessel changes names very often…The captain ordered it on behalf of the boss. I don’t know why, none of
the ship workers knew why.” 166

EJF visited the impounded vessels in January 2017. This vessel clearly shows the multiple names that have been used in the past. © EJF

27

Ever-shifting identities also make stateless boats extremely dangerous working environments for any crew onboard, potentially facilitating forced labour and human trafficking.

“I went to Thailand to change my life but then this experience happened,
and now I come home and bring back nothing.”Indonesian fisherman working on board one of the nine longliners.167

Several Indonesian fishermen from the impounded longliners were classified as victims of human trafficking.
EJF spoke to three of these individuals after they were repatriated to Indonesia. They described how when they
arrived in Phuket, their broker told them that their original contracts were no longer valid and that a verbal
contract would suffice. He also confiscated their passports and seaman books. Their contracts had promised asalary of between US$100 and US$350 a month depending on their role. None of the workers EJF spoke to had
been paid anything since they started at the company. Two fishermen also reported witnessing their colleague
being beaten by the boat owner because he didn’t work fast enough.

“My friend had a gun pointed at him and was being threatened with a sword…They hit him
with the flat side, across the back and other parts of his body.” 168
In another case of vessels going stateless to avoid regulations, the Indonesian authorities – in coordination with
INTERPOL – arrested the STS-50 in early April 2018, a fishing vessel that had previously escaped the authorities
in both China and Mozambique. The vessel, carrying 600 illegal gillnets that stretched up to 30 km, was arrested
flying the Sierra Leonean flag. STS-50 had evaded capture for so long by flying a range of different country flags andusing several names including Sea Breeze, Andrey Dolgov, STD No. 2, and Aida. STS-50 is now declared ‘stateless.’
The mostly Indonesian crew of STS-50 lacked any kind of identity documents, had not received any pay, and had
worked on board the vessel for an extended period of time – all potential indicators of human trafficking.169
A final example of a stateless vessel comes from the Isabel.170 Between August 2013 and December 2013, the crew
members of this fishing vessel were stranded in the Spanish port of Las Palmas. The 12 crew from several West
African countries (Côte d’Ivoire, Ghana, Mauritania, and Senegal) had been told that they would be going to sea
in West Africa for three weeks, but a financial dispute between the owners of the boat led one of the alleged
owners to bring the boat to Las Palmas where it was detained by Spanish authorities for a number of safety andadministrative infractions. Having previously flown the Panamanian flag, the vessel was found to be stateless,leaving the crew perilously unprotected while working at sea.
An EJF investigation revealed that the crew were forced to live on board the boat for five months with inadequate
food and accommodation, while the boat’s situation was resolved and the financial dispute was settled.171 During
the five months spent in Las Palmas, the crew members received 300 euros in total, only 25% of their salary.
On the return of Isabel to Côte d’Ivoire in January 2014, one of the crew drowned in an accident in port. There
was no evidence that steps were being taken to maintain adequate health and safety standards on the boat at
the time of the accident.
The treatment of Isabel’s crew in Las Palmas
demonstrates that cases of abuse in the fishingsector can happen anywhere in the world
and are not issues isolated to fisheries indeveloping countries.

Isabel moored in Las Palmas in September 2013. © EJF
28

Enforcement gaps
Even when relevant legislation is in place, it might not
be applied because of state and officials’ lack of capacity
or will, or corruption. The cost of enforcement can beprohibitive, and safety concerns for enforcement officers
have also created difficulties.

Lack of enforcement due to cost
In some cases, initial upgrades to fisheries management
strategies can result in the doubling or even tripling ofcosts because of the necessary investments needed in theearly stages.172 For many countries, this can be an obstacle;
for others, enforcement may seem to be a completely
unachievable ambition. During the Ebola outbreak in West
Africa during 2014, for instance, regional governments wereforced to divert almost all their attention to containing thedisease, allowing foreign fishing companies to exploit theresulting chaos to conduct illegal fishing activities acrossthe region.173
Because of the high initial investment, developed countries
tend to spend more on fisheries management thandeveloping countries.174 Fisheries management can be split
into three broad activities: 1) administration, 2) research, and3) surveillance and enforcement. Enforcement is on average
the most expensive form of fisheries management because itis labour and equipment intensive. In Iceland, Newfoundland
and Norway, for instance, it represents on average 59%
of management costs.175 However, the benefits of reform
substantially outweigh these costs,176 because well-managed
fisheries provide for greater sustainability and long-term
stability in the industry, generating improved incomes forfishers and governments.

Safety and security concerns
Enforcement capacity might also be diminished by fear.
Officers who have successfully exposed or prosecuted
traffickers might fear for their own safety if they follow
through with their investigations (see case study).
Observers may have concerns for their safety on board
fishing vessels, especially if they are operating alone,and far away from assistance.177 There are several cases ofobservers being intimidated into falsifying their reports,
being confined to their quarters, and even murderedat sea.178/179 The resulting lack of oversight presents anincreased risk for illegal fishing practices and abuse.

A Marine Police official carries out a gear inspection in Kantang, Thailand. © EJF
29

Observers at risk

CASE STUDY

Fisheries observers are often tasked with recording fishing activity, weighing caught fish, and conducting scientificsampling of catches on board fishing vessels and refrigerated cargo vessels. In some cases they can also play an importantrole in identifying any vessel transgressions they observe including illegal trans-shipments at sea, catching vulnerable orendangered species, and other IUU fishing crimes.
However, the job can also be incredibly dangerous, putting observers at risk of being punished or threatened to force themto let fishing crimes go unnoticed.180 These threats can even come from their supervisors – one observer EJF spoke to during
an investigation in Sierra Leone said he was once given five days extra duties by his commanding officer for reporting
IUU fishing. Another observer described how he was confined to his cabin any time IUU fishing took place and had been
prevented from accessing communications equipment while on board.181
Observers may even disappear, potentially murdered at sea in order to ensure their silence. Over the last five years, for example,
18 Papua New Guinean fisheries observers have disappeared in the Western and Central Pacific Ocean (WCPO) region – one of
the most valuable tuna fisheries in the world.182/183 In many cases, observer disappearances are not properly reported and may
not even make local news outlets in their countries of origin.184 Observers working in this vast expanse of ocean are vulnerable
because of the lengthy periods at sea, spending days or even weeks away from any potential rescuer. Arduous and dangerous
living and working conditions coupled with a lack of protective regulations have seen many fishing vessels operating in the
WCPO going without observers. The Western Central Pacific Fisheries Commission (WCPFC) requires that 5% of the region’s
3,000 longliner tuna boats have observers. However, actual coverage is approximately 3%.185
Although ‘Observer Safety Measures’ were implemented by the WCPFC in 2016, which finally laid out minimum actions
to take if an observer falls sick, is injured, or falls overboard, their implementation has been sporadic. For example, after
the disappearance of James Numbaru in June 2017, the fishing vessel he was on – Feng Xiang 818 – continued to fish for
four hours even after the deck officers were alerted to Numbaru falling overboard. None of Numbaru’s personal items were
preserved as evidence and none of the vessel crew were interviewed, meaning that any potential perpetrator of Numbaru’s
disappearance has likely escaped justice.186

Lack of will

Corruption

National governments may be unwilling to act on bothIUU fishing and severe crew abuses because of short-term
concerns over the importance of the seafood sector for theirrespective economies. In 2015, the Thai seafood export
sector was worth US$5.63 billion.187 Concerns that improved
regulation and enforcement might result in increased costs
can be a disincentive to curb IUU fishing and strengthen
labour standards. Such countries fail to see that short-term
cost increases due to stronger regulation and enforcement
will yield sustained and long-term benefits due to sustainably
managed fisheries and adequate labour standards.

There are strong links between low levels of governance ina country and the prevalence of IUU fishing. Researchers
from the Imperial College London measured World Bank
governance indicators – controls on corruption, government
effectiveness, regulatory quality, and rule of law– against the amount of illegal fishing occurring in different
countries.190 Those with poor governance scores were more
likely to have high levels of IUU fishing in their waters.

Governments might also be reluctant to increase labour
rights and control over recruitment agencies, as many fishers
are migrants who do not have voting rights, and so action
may hold no perceived political advantage.
At the operational level, fisheries enforcement officials
are not always aware of human trafficking for the purposeof forced labour and, when they are, “see it as outside thescope of their mandate to investigate instances of humantrafficking”, as stated in an UN Office on Drugs and Crime
report.188 “The result is that victims are not identified,instances of trafficking are not investigated, and potential
traffickers are not prosecuted.”189

Countries with poor governance are more susceptible tocorruption from officials, have weaker regulatory measures inplace, and may have barriers to upholding the rule of law. IUUfishing and related labour and human rights abuses are more
likely to occur and go unnoticed or unpunished in countries
with low political stability or government effectiveness.191
These countries are at a greater risk of being involved inillegal activities not only from their own fishers but also fromnationals from other countries fishing in their waters.
Corruption exists at every stage of the fisheries supply
chain and the human trafficking process (recruitment,
transfer and exploitation).192 It can happen at sea but has
also been exposed at the highest political levels and on
both international and national scales. Corruption cantake many forms including the favourable negotiation ofFisherman buying fish in Indonesia. © EJF

30

Fish trading in Indonesia. © EJF

access agreements, influence peddling, conflicts of interest
between related parties, and the use of bribes and undisclosed
payments to circumvent regulations or fishing sanctions.
The negotiation of fisheries access agreements is often
shrouded in secrecy. There are serious concerns ofcorruption surrounding the negotiation process – including
bribes, kickbacks and foreign countries using donor
and development funds or threats of their removal toensure favourable terms.193 Access agreements represent
a considerable income for many developing countries.
Moreover, “there is considerable concern in many developing
countries that operators of foreign boats caught for illegal
fishing locally are pardoned due to diplomatic pressure fromthe home governments of boat owners.”194
Bribery – such as illegal payments or gifts to port officials,
observers, field-level law enforcement officers and seniorcivil servants – is a major form of corruption. In fisheries, it
is used to:• Obtain fishing licences• Overlook irregularities• Facilitate human trafficking (ignoring the traffickers’• Bypass labour and security regulations (overlooking casesof forced labour)• Avoid inspections• Avoid or reduce penalties and prosecutions (for example,

paying a judge to drop human trafficking charges or reduce
IUU fishing fines).

According to Interpol, bribery of civil servants “is a significant
issue for all types of law enforcement in many countries
where pay is low and/or sporadic and personnel are poorly
trained and equipped for their jobs.”195 Fishing observers cansometimes become reliant on gifts or illegal payments to
supplement low pay and they can also be threatened not toreport wrongdoings.196
Conflicts of interest can also limit the enforcement offisheries and labour laws, as well as the effectiveness ofmarine inspections. Senior officials and politicians withresponsibilities in public fisheries management, police workor local councils are sometimes also involved in the private
seafood industry. Consequently, they can illegitimately use
their power to force decisions and actions that are in theirfavour, going against the law or the public interest.

operations, turning a blind eye during border crossing, etc.)31Conflicts of interest in Kantang

CASE STUDY

Kantang is a small port town in Trang province, southern Thailand, where EJF has undertaken several investigations.197
These have revealed how corruption of local officials and law enforcement agencies has allowed a system of trafficking andforced labour to perpetuate despite supposed government action.198
In 2015 - Sompon Jirotmontree, the owner of Kantang based company Boonlarp Fishing L.P., was one of the most powerful
figures in Kantang. At the time he had served two terms as municipal mayor – a position his brother Soranont currently
holds – and was once listed as a ‘consultant’ on Kantang municipal website. At the time of EJF’s investigation he wasalso the President of the Trang Fishing Association and head of the Council for the Monitoring and Inspection of the
Kantang Police.199 This meant that Mr. Jirotmontree was able to exert influence across municipal authorities and local law
enforcement, while having clear private interests in fisheries. A confidential informant revealed to EJF how police officers
investigating the previous Boonlarp cases in 2013 had been pressured by Mr. Jirotmontree’s powerful connections to drop
the investigation.200
Several trafficking victims in the 2013 case also reported that Mr. Jirotmontree and his associates would visit them at
Kantang police station to pressure them into not implicating him or the company.201/202
Mr. Jirotmontree was arrested on 7th November 2015 along with seven individuals after EJF passed a detailed dossier of
evidence to Deputy Prime Minister Prawit Wongsuwan and other high-level officials.203 In March 2017, the provincial
court in Trang found Mr. Jirotmontree and five of his accomplices guilty of human trafficking. They could face 14 years
in prison and the Boonlarp Fishing L.P. 600,000 baht in fines.204 Four other defendants were found innocent because of alack of evidence. Although the convictions are encouraging news – as EJF stresses in its report Thailand ́s Seafood Slaves –the endemic corruption and conflicts of interest present in Kantang that have hampered the case are not an isolated
incident.205 Nationwide intelligence-led enforcement efforts are needed to rid Thailand’s fishing industry of these issues.

Thailand’s fishing fleet has been the scene of slavery, physical abuse, trafficking, and even murder of migrant workers. © EJF
32

The way forward
Despite the obstacles faced, there is a clear path towards
eradicating human rights abuses in fisheries, and some key
measures that can help the industry take that path. Above,
key international treaties were cited at varying stages ofentering force–in particular the PSMA, C188 and Cape Town
Agreement. Their adoption by states would not only help
secure their individual goals in combatting IUU fishing,human rights abuses and unsafe conditions respectively;
but also ensure more frequent inspections of vessels bycontracting states.
At a regional level, the EU IUU Regulation is an example
of a world-leading measure to combat IUU fishing.206
The regulation serves both as best practices for port andmarket states seeking to block IUU imports, as well as apunitive measure for non-EU states that fail to combat IUU.
In addition to putting in place a catch certificate scheme tostop illegal fish entering the EU, the regulation applies strict
standards to ‘third countries’ wishing to export fish to the EU.
These standards are designed to ensure legality and greater
environmental sustainability. If they are not met, countries
are first warned (‘yellow carded’) and, failing improvement,
may receive a total ban on seafood imports to EU countries(‘red carded’).

Alongside the EU IUU Regulation, the annual US Trafficking
in Persons Report (TIP Report), works as a diplomatic tool
to engage governments by ranking them based on theirperceived efforts to acknowledge and combat humantrafficking. The report has generated action in several
countries in the form of increased legislation and national
action plans.207
In 2011, the UNHRC approved the UNGPs, which “seek toprovide an authoritative global standard for preventing andaddressing the risk of adverse human rights impacts linked
to business activity”.208 The UNGPs have three pillars of
implementation: the “State duty to protect human rights”,
the “corporate responsibility to respect human rights”, and“access to remedy” for victims. Following the agreement of
the UNGPs, there has been some movement in states settingout requirements for business to address human rights
abuses in their supply chains, most notably the 2015 UK
Modern Slavery Act.209
The following case study looks at how NGOs and businesses
have developed corporate approaches to mitigate the risks
of human rights abuses in supply chain, alongside alsoestablishing legality for fish catches.

CASE STUDY

The steps industry can take – PAS Code of Practice
The PAS 1550 code of practice (PAS 1550:2017 Exercising due diligence in establishing the legal origin of fishery/seafood products
and marine ingredients – importing and processing – code of practice) provides industry with guidance on how to avoid thepurchase of IUU seafood and recommendations on traceability and decent working conditions for the importers andprocessors of seafood. It is for use by any importers and processors who have an obligation to meet the requirements of the
EU IUU Regulation, which includes all supply chains of seafood imported into and subsequently sold in the EU.
Created under the auspices of the British Standards Institute, the UK’s national standards body, with the support of EJF,
Oceana, The Pew Charitable Trusts and WWF, and the direct involvement of retailers, processors and importers, PAS
1550 is an important tool to help the industry adapt their due diligence and risk assessment systems to reduce the riskof supplying or procuring IUU fish, or fish either caught or processed by workers who are not provided with decent
working conditions.
The document gives recommendations on the following:• What are the considerations within a due diligence system in order to minimise
the risk of IUU seafood in the supply chain?
• What needs to exist to assure decent conditions at work in the seafood sector?
• What traceability systems are used to deliver the ability to verify claims?

33

Undercover tactics offer innovations in enforcement

CASE STUDY

Since 2015 Thailand has been combatting IUU fishing and human trafficking, tightening fisheries legislation and regulations
while also rolling out sweeping changes to portside and at-sea vessel inspections. One area that initially proved elusive
was intercepting illegal fishing operators at sea. Thailand’s solution to this was to deploy a covert method of intercepting
illegal fishing activities – converting an old fish carrier vessel into an undercover police patrol vessel. At the time of writing,Thailand has one of these covert vessels – ‘Poseidon’ – operating in its waters.
Poseidon is an unremarkable looking vessel, still peppered with rusted exterior sections, dents, and chipped paintwork.
However, this worn exterior makes Poseidon an effective tool in the ongoing battle against IUU fishing. Its unassuming
profile on the horizon does not raise the alarm as a regular law enforcement vessel might do, meaning that illegal fishingvessels will approach. To maximise its effectiveness as an enforcement mechanism, Poseidon will often drift with thecurrents on the fringes of Thailand’s EEZ – thereby reducing fuel costs. It can stay at sea for several weeks at a time, either
intercepting vessels that it finds or relying on intelligence sent to it from Bangkok’s central monitoring centre.
Poseidon carries a crew comprised of Royal Thai Police and Department of Fisheries (DoF) officials, sophisticated radar
technology, and a speedboat. Once within range, the speedboat is deployed and sent in for the final interception. Poseidon
will often radio a Navy or DoF vessel to rendezvous with the impounded vessel and escort it back to shore, allowing Poseidon
to resume its patrol and minimise wasted time in transit back and forth.
In April 2018 EJF joined Poseidon on a routine mission to patrol the Gulf of Thailand. The trip lasted a total of three days
due to Poseidon being able to catch five illegal Vietnamese trawlers in the space of 12 hours and within 14 nautical miles ofeach other. These vessels had entered Thai waters and were rapidly intercepted by Poseidon’s speedboat.
Poseidon’s success is demonstrated by its high capture rate. Between January and July 2018 it was responsible for
impounding 77 vessels: 18 Thai boats and 59 flagged to other countries. It serves as a relatively low-cost model that coastal
states in the region and beyond should consider replicating.

Poseidon (left) rests alongside three recently arrested Vietnamese fishing vessels caught illegally fishing within Thailand's EEZ. © EJF
34

Conclusion
The global over-exploitation of fish stocks, enabled byweak governance and driven by increasing consumptionof seafood from transnational supply chains, is a criticalfactor in facilitating abuse and exploitation in fisheries.
Changing legal requirements and operational practices
within fisheries management regimes to delivertransparency across all aspects of seafood production andsupply chains would be transformative. Such reforms
offer the most cost-effective, operationally efficientand politically realistic measures to build effective
enforcement against both illegal fishing and the associatedhuman and labour rights abuses. Transparency allows
enforcement agencies and management officials toleverage limited assets and financial resources to the best
effect, simultaneously giving other stakeholders – suchas retailers and NGOs – the opportunity to scrutinise
production and supply chains to identify abuses. This canreward law-abiding businesses while weeding out illegal,
unscrupulous players.
This report makes clear that worker exploitation is a transboundary issue, with crew being trafficked from origin tohost countries, often travelling vast distances in dangerous
conditions. Labour brokers are a key component of thistrafficking system, taking advantage of vulnerable workers
in origin countries and weak regulation in host countries.
They allow the exploitation of workers by tricking or
forcing them to sign unreasonable contracts that restrict
their freedom of movement, charge extortionate fees,
deduct wages, and threaten them or their families
psychologically and physically. It is evident from the casestudies presented in this report that far greater attention
needs to be paid to the role of brokers and that urgent
national, regional and international regulation must be
developed, including bans on recruitment fees.
Legislation needs to be updated to address gaps inworkers’ rights, fishing regulations, and enforcement
procedures. Weak fisheries legislation and poor
enforcement around the world is allowing illegal
operators to flourish. Legislative reforms alongside vastly
improved enforcement, trans-boundary collaborationand the application of effective deterrent penalties areurgently needed. This will help to prevent illegal andunsustainable fishing; the use of damaging fishing gear
and practices; human trafficking and use and abuse ofillegal, unregistered and vulnerable workers.
International agreements such as the recently enacted
ILO's Work in Fishing Convention (C188) and UNFAO’s
PSMA as well as the not-yet-enacted Cape Town Agreement
are designed to eliminate capacity gaps and increaseinspection. All three still must be rapidly adopted andratified by governments worldwide.

35

Policy recommendations
The following recommendations are designed to assist coastal,market, flag, and port states, industry, and consumers inapplying economically feasible, cost effective, technologicallyand logistically realistic measures to ensure the eradicationof labour and human rights abuses in the seafood industry.
Specifically, they are designed to help prevent the traffickingof workers and the use of bonded, forced and slave labour –while also helping to eliminate IUU fishing.
If applied with consistency, rigour and determination, theactions listed here would make a substantial and decisive
impact in building a wild-capture seafood industry that issustainable, legal and ethical.

5. Implement a ban on trans-shipments at sea unless they
are pre-authorised and are subject to robust and verifiable
electronic monitoring and are covered by a human observer
scheme appropriate to the fishery and with the ability toidentify labour abuses.
6. Mandate and implement the near-term adoption of costeffective digital tools that safeguard in a digital form key
information on vessel registration, licenses, unloading
records, catch location and information and crew
documentation (including details on authorisations anddocumentation for at-sea crew transfers). These should bedesigned in such a way as to support a rapid move towards auniversal, interoperable digital catch certification scheme.

Recommendations for coastal, flag, market andport states

7. Prohibit fishing vessels from using open registries to fishingvessels and stop the use of flags of convenience by vessels
fishing in their waters or importing to their markets.

A suite of measures is required to eradicate IUU fishing, from
improved fisheries management to better corporate due
diligence. Central to this is the need to achieve transparency
throughout seafood supply chains and address the opaqueenvironment in which illegal fishing and other criminal
activities thrive.210 Enhanced transparency offers the mostcost-efficient and effective means to identify illegal activities
and IUU operators. It allows government agencies, corporate
actors and other stakeholders to leverage limited assets
to effectively combat IUU fishing. These simple measures
for states would shed light on vessel identities, activities
and ownership, making action against IUU fishing easier,cheaper and more effective, thereby delivering a substantial
contribution toward securing sustainable, legal and ethicalfisheries worldwide.

8. Publish information about beneficial ownership in all
public lists and require companies to provide information
on true beneficial ownership when applying for a fishinglicence, fishing authorisation or registration of their flag.

States should:
1. Immediately mandate IMO numbers for all eligible vessels,
implement a national unique vessel identifier scheme fornon-eligible vessels, maintain a vessel registry and provide
all information to the FAO Global Record of Fishing Vessels(that ultimately includes all eligible vessels over 12 metres
length overall).
2. Require automatic identification systems for fishing vessels
and/or make unedited vessel monitoring system (VMS)
data public with regular transmission intervals sufficient toensure vessels can be effectively tracked.
3. Publish up-to-date lists of fishing licences andauthorisations, as well as vessel registries.
4. P
 ublish information about arrests and sanctions imposedon individuals and companies for IUU fishing activities,
human trafficking and other related crimes.

36

9. Include provisions in legislation to identify where
nationals are supporting, engaging in or profiting fromIUU fishing, and implement deterrent sanctions against
them. This effort can be aided by a register of vessels
owned by nationals but flagged to other countries.
10. S
 ign, ratify and implement international measures thatset clear standards for fisheries vessels and the trade infisheries products, including the ILO's Work in Fishing
Convention (C188), the FAO's PSMA, and the IMO's Cape
Town Agreement.

Appropriate legal mandate, training and support
for authorities• All states should acknowledge the nature and scaleof labour and human rights abuses in their countries
including those related to child labour, forced labour,debt bondage, freedom of association and the right tocollectively bargain amongst others. States should request
training and guidance from the International Labour
Organization to institutionalise reforms.

• States should implement a robust legal framework which

institutionalises operational practices throughout theenforcement chain – specifically empowering those in
identification and ‘front-line’ services such as coast guard
and fisheries inspectors through to the judiciary andlegal services.

• Wherever necessary, ensure the timely provision of security

protections to witnesses to wrong-doing aboard vessels, andalso to enforcement, legal and judicial officials to prevent
any sort of retaliation by fishing boat owners and captains.

• All states should ratify and implement all the ILO’s

fundamental conventions: ILO Conventions 29 (Forced
Labour), 87, 98, 100, 105, 111, 138, 182, 188.

• All states should revise labour laws to fully comply with
the ILO’s fundamental conventions ratified by the state.

Recruitment processes and brokers• Formalise government-to-government regulated worker

recruitment channels and set strictly controlled, completelytransparent limits on recruitment fees; control and closely
regulate labour brokers and recruitment firms in order toend exploitative fees; investigate and criminally prosecute
those involved in human trafficking networks.

• Mandate broker registration and accountability so thatworkers, especially migrant workers, can make informed
decisions about which broker or recruitment agency is themost reliable and trustworthy.

Prevention, investigation, detection and prosecution• Where known instances of trafficking and human rights

abuse exist, states must apply greater resources and effort– in collaboration with industry partners and civil society –to the detection and successful prosecution of these abuses.

• Inter-agency collaboration and cooperation should be

fostered by states to ensure cases can be resolved swiftly,
while prosecutions should apply appropriate sentencing toprovide robust deterrent.

• States should highlight successful prosecutions to magnify
their impact in discouraging similar crimes.

• When implementing port inspection measures, port statesshould recognise the increased risk of human rights abuses
on flags of convenience vessels due to the higher likelihoodthat their flag state does not have adequate legal regimes
and enforcement measures to protect crew.

• In line with ILO C188 and the Employer Pays principle211, banrecruitment fees paid by workers and ensure fees are paid by
the employer recruiting the worker. Ensure employers do notseek to recoup recruitment fees through deductions in pay.

• Blacklist brokers and recruitment firms found to engage indeceptive recruitment and/or charging exploitative fees.

Transparency throughout seafood supply chains is needed to address the opaque environment in which illegal fishing and other criminal activities thrive. © EJF
37

Recommendations for fishing companies,
processors, importers and retailers
It is essential that businesses involved in the seafoodindustry adopt a zero-tolerance approach to humantrafficking, human rights abuses, labour rights violations
and IUU fishing. Failures by industry to adopt appropriate
measures and controls will undermine efforts bygovernments and regional authorities to combat theseabuses. Critically, companies cannot solely rely on
certification schemes designed to make fisheries moresustainable to also address the need to make sure fishis caught legally and ethically. Failure to specificallyestablish robust risk mitigation measures designed toaddress human rights issues and legality leave businesses
vulnerable to legal, financial and reputational risk.
Fortunately, establishing such risk mitigation measures
is becoming easier. As states make fisheries moretransparent and there are advances in technology,
companies increasingly have access to economically andlogistically feasible measures that provide full ‘net toplate’ traceability and the ability to establish due diligenceprocesses that are informed by risk levels in different partsof their supply chain.
In this context business stakeholders should:
Adopt clear risk mitigation policies and processes that
extend through the supply chain, backed with third-party
verification, to identify and deal with human rights abuses
and associated issues. EJF, together with WWF, otherNGOs and industry have developed a code of practice that
supports processors and importers to do this.212• Disclose efforts to uphold human and labour rights

in their operations and specifically note areas of theiroperations at-risk of labour violations. Engage withworker and human rights organisations to identify andsolve these risk areas.

• Record, or demand, sufficient data on sourcing vessels

to ensure no vessel with a history of committing IUUfishing or labour abuses can taint the supply chain.
Use in-house and third party verification to ensure theaccuracy of this data.

• Record gender disaggregated data so that companies

can have a better understanding of the risks for men andwomen workers in their supply chains.

• Raise awareness on the dangers of the informal

recruitment brokers, agents, and companies, andpromote responsible recruitment practices and work that
excludes recruitment fees for workers.

• Only work with suppliers that have a system in place, orare substantively working towards a credible system fortransparency and traceability – including the tracing ofprotein source for farmed seafood.

38

Recommendations for consumers• In due diligence systems, recognise the increased

risk of human rights abuses on vessels using flags ofconvenience and take risk mitigation measures.

• Require that social audits or other verification measuresused to check working conditions on fishing vessels
provide a safe and confidential opportunity to heardirectly from workers in interviews with no senior crew
members and/or company representatives present.

• Work with pre-competitive industry groups, NGOs andworker rights organisations to go beyond their own
supply chains and demand governments implement
greater transparency in regulation to make it easier toimplement risk mitigation measures.

• To inform due diligence processes, businesses shouldseek input from communities, local NGOs and workers’
rights organisations relevant to their supply chains.

• Adopt a zero-tolerance policy toward violence andhuman rights abuses and ensuring that this policy iscommunicated clearly and forcefully through the
supply chain.

Consumers can and should hold retailers and seafood
suppliers to account for their actions and send a strong
message that seafood must come from sustainable sources
and be free from trafficked, forced or bonded labour.
Consumers should:• Demand proof of net-to-plate traceability and require clear,
specific assurances that products are caught or farmed
legally, sustainably and ethically: can your retailer tell you
how, where, when and who caught the fish on your plate?;• Require businesses to publicly state and publish on theirwebsites the measures they are taking to ensure they are
not sourcing products that were produced using trafficked,
bonded, forced or slave labour;• Consult online performance indicators and resources suchas the Sweat and Toil app213 to learn about products andtheir potential ties to human rights abuses;• Use their individual and collective purchasing power to drivechange wherever seafood is sold. If your retailer cannot
guarantee your fish has been caught or produced sustainably
and without human rights abuses - do not buy it. Demand
this information;• Demand retailers sign up to EJF's Charter for Transparency.

Seafood market in Taiwan.© EJF
39

References
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116	International Labour Organization 16.11.2016, ‘ILO Work in Fishing
Convention No.188 (2007) to enter into force’, accessed 25.02.2019,http://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_535063/
lang--en/index.htm)
117	Pew Charitable Trusts (2018) The Cape Town Agreement Explained, p. 8,
https://www.pewtrusts.org/-/media/assets/2018/10/ctaexplained_brief_final2.pdf
118	International Maritime Organization 07.02.2019, ‘Key fishing vessel safety
treaty boosted with accession by Spain’, accessed 25.02.2019,http://www.imo.org/en/MediaCentre/PressBriefings/Pages/03SpainCapeTown.aspx
119	Food and Agriculture Organization (2015) Agreement on Port State Measures
to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing,
http://www.fao.org/fileadmin/user_upload/legal/docs/037t-e.pdf
120	Food and Agriculture Organization (2015) Agreement on Port State Measures,
http://www.fao.org/fishery/topic/166283/en
121	Food and Agriculture Organization (2018) Agreement on the Port State
Measures to prevent, deter and eliminate illegal, unreported and unregulated
fishing, http://www.fao.org/fileadmin/user_upload/legal/docs/037s-e.pdf
122	Fisheries Agency (2017) Regulations on the Authorization and Managementof Overseas Employment of Foreign Crew Members, https://www.fa.gov.tw/
en/LegalsRegulation/content.aspx?id=31&chk=1ab5d1ef-2c1f-4df7-92db6db044616ec9&param=pn%3d2
123	Taiwan Ministry of Labor (2018) Labor Standards Act
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0030001
124	Taiwan Ministry of Health and Welfare (2017) National Health Insurance Act
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=L0060001
125	Ministry of Labor (2015), Labour Insurance Act,
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0050001
126	Henley, J., 02.06.2015, ‘Voices of the exploited’, Taipei Times,
accessed 25.02.2019, http://www.taipeitimes.com/News/feat/archives/2015/06/02/2003619716
127	Undercurrent News 17.05.2018, ‘NGOs call on Taiwanese Government to end
abuse of migrant fishers’, accessed 25.02.2019,https://www.undercurrentnews.com/2018/05/17/ngos-call-on-taiwanesegovernment-to-end-abuse-of-migrant-fishers/
128	Tempo, 15.01. 2017 ‘Slavery at sea: Undocumented Indonesian seamen are
victims of abuse aboard fishing boat’, accessed 25.02.2019,https://issuu.com/twreporter.org/docs/merged__1_
129 Ibid
130 Royal Thai Embassy 15.01.2015, ‘Thailand Roadmap on Eliminating an [sic]IUU Fishing’, Thai Anti-Human Trafficking Actiong, accessed 25.02.2019,http://www.thaianti-humantraffickingaction.org/Home/?p=460
131 EJF (2018) EJF field investigations of Thai ‘Port in port out’ centres
132 EJF (2019) Data collected from EJF investigations of ‘Port in port out’ centres
throughout 2018 and interaction with government sources.
133 Greenpeace (2014) Slavery and Labour Abuse in the Fishery Sector,
http://www.greenpeace.org/international/Global/international/briefings/
oceans/2014/Slavery-and-Labour-Abuse-in-the-Fishing-Sector.pdf
42

134 International Organization for Migration (2011) Trafficking of Fishermenin Thailand, https://www.iom.int/jahia/webdav/shared/shared/mainsite/
activities/countries/docs/thailand/Trafficking-of-Fishermen-Thailand.pdf
135 EJF (2014) Slavery at Sea: The continued plight of trafficked migrants in
Thailand’s fishing industry, https://ejfoundation.org//resources/downloads/
EJF_Slavery-at-Sea_report_2014_web-ok.pdf
136 Bangkok Business 03.11.2014, ‘Escape from hell on a fishing boat หนี นรกใน
เรือประมง’, accessed 25.02.2019, http://www.bangkokbiznews.com/news/
detail/614888
137 INTERPOL (2014) Study on fisheries crime in the West African Coastal Region, p. 28,
www.interpol.int/content/download/27590/369574/.../WACS%20EN.pdf
138 I NTERPOL (2014) Study on fisheries crime in the West African Coastal Region, p. 14,
www.interpol.int/content/download/27590/369574/.../WACS%20EN.pdf
139 World Wide Fund for Nature (2016) Electronic Monitoring in
Fisheries Management, http://assets.wwf.org.uk/downloads/
fisheriesmanagement__2_.pdf ?_ga=2.41588578.1131949585.1551116029351910065.1550233715
140 Royal Thai Embassy (2017) Highlight of progress: Control of overseas fishingand transshipment vessels, https://www.thaiembassy.be/2017/03/06/
highlight-of-progress-control-of-overseas-fishing-and-transshipmentvessels/?lang=en
141 Human Rights and Development Foundation 23.02.2017 ‘Press release:
Provincial court of Ranong acquitting defendants in trafficking in person’s
case against Cambodian fishing crew members’, accessed 25.02.2019,http://hrdfoundation.org/?p=1792&lang=en
142 Human Rights and Development Foundation (2017) Provincial court ofRanong acquitting defendants in Black Case no.KM 24/2559 in trafficking cases
against 11 migrant fishing workers from Cambodia, http://hrdfoundation.org/
wp-content/uploads/2017/03/24-03-2017-HRDF-Press-release-RanongProvincial-Court-dismissed-case-of-human-traffifcking-Eng.pdf
143 Liberty Asia (2017) Legal analysis of human trafficking in Thailand,
http://un-act.org/publication/view/legal-analysis-human-trafficking-thailand/
144 International Transport Workers Federation (2019) ‘Flags of convenience’,
https://www.itfglobal.org/en/sector/seafarers/flags-of-convenience
145 Davies, J. & Nass, D., 16.09.2016, ‘History of crimes, ineptitude for
Cambodia’s flag of convenience scheme’, Phnom Penh Post, accessed
25.02.2019, http://www.phnompenhpost.com/national/history-crimesineptitude-cambodias-flag-convenience-scheme
146 Liddick, D., State-Fayette, P. (2014) Illegal Fishing and Organised Crime:
A Threat to Maritime Security?, Piracy Studies, http://piracy-studies.org/
illegal-fishing-and-organized-crime-a-new-maritime-security-threat/
147 Lobach, T. (2013) Port State control of foreign fishing vessels, Chapter 4:
Elements of a possible memorandum of understanding, FAO,
http://www.fao.org/docrep/005/y8387e/y8387e06.htm
148 INTERPOL (2014) Study on fisheries crime in the West African Coastal Region, p. 19
www.interpol.int/content/download/27590/369574/.../WACS%20EN.pdf
149 Ibid
150 Trygg Mat Tracking (2018) Combined IUU Vessel List, http://iuu-vessels.org/
151 International Chamber of Shipping (2018) Shipping Industry Flag State
Performance Table 2017/2018, http://www.ics-shipping.org/docs/defaultsource/Flag-State-Performance-Table/flag-state-table-201860D178F38DF5.
pdf ?sfvrsn=2
152 Davies, J. & Nass, D., 16.09.2016, ‘History of crimes, ineptitude for
Cambodia’s flag of convenience scheme’, Phnom Penh Post, accessed
25.02.2019, http://www.phnompenhpost.com/national/history-crimesineptitude-cambodias-flag-convenience-scheme
153 Taiwan Fisheries Agency (2018) Taiwanese FoC vessel statistics (obtained
via official information request)
154 Greenpeace (2010) The inconvenient truth of Taiwan’s flags of convenience,
http://www.greenpeace.org/eastasia/Global/international/publications/oceans/2010/Taiwan%20FOC%20report%202010.pdf
155 Bale, P. 2017 ‘Murder and abuse – the price of your sashimi’, WikiTribune,
accessed 25.02.2019, https://www.wikitribune.com/story/2017/12/05/
environment/murder-and-abuse-the-price-of-sashimi/7995/
156 Greenpeace (2018) Misery at sea: Human suffering in Taiwan’s distantwater fishing fleet, http://www.greenpeace.org/eastasia/Global/eastasia/
publications/campaigns/Oceans/Misery_at_Sea-Final1.pdf
157 Ibid
158 Ibid
159 Trygg Mat Tracking (2018) Combined IUU Vessel List, http://iuu-vessels.org/
160 Da Costa, A.B., 09.04.2018, ‘The one that got away: Indonesia seizes illegal
fishing boat with 30-km nets’, Reuters, accessed 25.02.2019,https://www.reuters.com/article/us-oceans-fishing-indonesia/the-onethat-got-away-indonesia-seizes-illegal-fishing-boat-with-30-km-netsidUSKBN1HG0SB
161 Phuket Gazette 09.02.2016, ‘Escaped toothfish-poaching vessel netted
in Senegal’, accessed 25.02.2019, https://thethaiger.com/news/phuket/
Escaped-toothfishpoaching-vessel-netted-Senegal
162 Thai Ministry of Foreign Affairs, 15.02.2018, ‘Thailand prosecuted 7
Stateless Fishing Vessels’, accessed 25.02.2019,http://www.mfa.go.th/main/en/news3/6886/86734-Thailand-prosecuted-7Stateless-Fishing-Vessels.html
163 Pala, C. 17.06.2015, ‘The hunt for the last Chilean Sea Bass poachers’, FP,accessed 25.02.2019, http://foreignpolicy.com/2015/06/17/chilean-seabass-toothfish-thunder-sea-shepherd/
164 Phuket News, 29.11.2016, ‘Navy seizes suspected IUU fishing boats in
Phuket’, Phuket News, accessed 25.02.2019, http://www.thephuketnews.
com/navy-seizes-suspected-iuu-fishing-boats-in-phuket-60050.php
165 Thai Ministry of Foreign Affairs, 15.02.2018, ‘Thailand prosecuted 7
Stateless Fishing Vessels’, accessed 25.02.2019,http://www.mfa.go.th/main/en/news3/6886/86734-Thailand-prosecuted-7Stateless-Fishing-Vessels.html
166 EJF (2017) Interviews with Indonesian fishermen.
167 Ibid
168 Ibid
169 D
 a Costa, A.B., 09.04.2018, ‘The one that got away: Indonesia seizes illegal
fishing boat with 30-km nets’, Reuters, accessed 25.02.2019,https://www.reuters.com/article/us-oceans-fishing-indonesia/the-onethat-got-away-indonesia-seizes-illegal-fishing-boat-with-30-km-netsidUSKBN1HG0SB
170 EJF (2014) Working Conditions on Fishing Vessels in West Africa: A case study ofabandoned crew in Las Palmas,
https://ejfoundation.org/reports/working-conditions-on-fishing-vesselsin-west-africa-a-case-study-of-abandoned-crew-in-las-palmas
171 Ibid
172 C
 ostello, C.; Mangin, T. (2015) Country-level costs vs. benefits of improved
fishery management, Ocean Prosperity Roadmap, p. 2,
http://www.oceanprosperityroadmap.org/wp-content/uploads/2015/05/6.Country-Level-Costs-vs.-Benefits-Fishery-Management-Report-5-26-15A.pdf
173 B
 BC News, 08.07.2016, ‘How China’s trawlers are emptying Guinea’s
oceans’, BBC News, accessed 25.02.2019,http://www.bbc.com/news/world-africa-36734578
174 Sumaila, U.R, A.S. Khan, A.J. Dyck, R. Watson, G. Munro, P. Tyedmers,
D. Pauly (2010) A bottom-up re-estimation of global fisheries subsidies,
Journal of Bioeconomics, 12, p. 201-225, http://oceana.org/sites/default/files/
Bottom-Up_Re-estimation_Sumalia_2010.pdf
175 Arnason, R., Hannesson, R., Schrank, W.E. (2000) Costs of fisheries
management: the cases of Iceland, Norway and Newfoundland, Marine
Policy, 24, p. 233–243,
https://www.sciencedirect.com/science/article/pii/S0308597X99000299
176 Costello, C.; Mangin, T. (2015) Country-level costs vs. benefits of improved
fishery management, Ocean Prosperity Roadmap, p. 2,
http://www.oceanprosperityroadmap.org/wp-content/uploads/2015/05/6.Country-Level-Costs-vs.-Benefits-Fishery-Management-Report-5-26-15A.pdf
177 United Nations Office on Drugs and Crime (2011) Transnational organizedcrime in the fishing industry, p. 54, http://www.unodc.org/documents/
human-trafficking/Issue_Paper_-_TOC_in_the_Fishing_Industry.pdf
178 Tory, S. 04.01. 2017, ‘The mysterious disappearance of Keith Davis’, Hakai
Magazine, accessed 25.02.2019, https://www.hakaimagazine.com/articlelong/mysterious-disappearance-keith-davis
179 D
 awson, T., (2016) Measures adopted to protect fishery observers in Western
Central Pacific, http://www.civilbeat.org/2016/01/measures-adopted-toprotect-fishery-observers-in-western-central-pacific/
180 Human Rights At Sea (2017) Investigative report and case study: Fisheries
abuse and related deaths at sea in the Pacific region,
https://www.humanrightsatsea.org/wp-content/uploads/2017/12/HRASFisheries-Abuse-Investigative-Report-Dec-2017-SECURED.pdf
181 U4 Anti-corruption Resource Centre (2008), Standing, A., Corruption andIndustrial Fishing in Africa, 7, p. 29, accessed 25.02.2019,http://www.u4.no/publications/corruption-and-industrial-fishing-in-africa/
182 Pew Charitable Trusts (2016) Netting billions: A valuation of tuna in theWestern and Central Pacific Ocean,
http://www.pewtrusts.org/en/research-and-analysis/fact-sheets/2016/09/
netting-billions-a-valuation-of-tuna-in-the-western-and-central-pacific-ocean
183 E
 lapa, J., 15.02.2018, ‘Missing without a trace’, Post Courier, accessed
25.02.2019, https://postcourier.com.pg/missing-without-trace/
184 M
 atangi 08.12.2015, ‘Pacific fisheries observers: “Intimidated, harassed,
assaulted, murdered”’, Matangi, accessed 25.02.2019,https://matangitonga.to/2015/12/08/pacific-fisheries-observersintimidated-harrassed-assaulted-murdered
185 Bale, P., 2017, ‘Murder and abuse – the price of your sashimi’, WikiTribune,
accessed 25.02.2019, https://www.wikitribune.com/story/2017/12/05/
environment/murder-and-abuse-the-price-of-sashimi/7995/
186 Ibid
187 United Nations (2016) UN Comtrade Database,
http://comtrade.un.org/data/
188 U
 nited Nations Office on Drugs and Crime (2011) Transnational organizedcrime in the fishing industry, p. 57, http://www.unodc.org/documents/
human-trafficking/Issue_Paper_-_TOC_in_the_Fishing_Industry.pdf
189 Ibid
190 Agnew, D.J., Pearce, J., Ganapathiraju et al. (2009) Estimating theWorldwide Extent of Illegal Fishing, PLoSONE,
http://www.plosone.org/article/fetchObject.action?uri=info:doi/10.1371/
journal.pone.0004570&representation=PDF
191 M
 arteache, N., Viollaz, J., Petrossian, G.A. (2015) Factors influencing the
choice of a safe haven for offloading illegally caught fish: a comparative

analysis of developed and developing economies, Crime Science, 4,
http://www.crimesciencejournal.com/content/pdf/s40163-015-0045-2.pdf
192 United Nations Office on Drugs and Crime (2011) The Role of Corruptionin Trafficking in Persons, https://www.unodc.org/documents/humantrafficking/2011/Issue_Paper_-_The_Role_of_Corruption_in_Trafficking_in_Persons.pdf
193 U4 Anti-corruption Resource Centre (2008), Standing, A., Corruption andcommercial fisheries in Africa, Brief 23, p. 2,
http://www.cmi.no/publications/file/3189-corruptionand-commercialfisheries-in-africa.pdf
194 Transparency and Accountability Initiative. (2011) Fisheries: A guide to bestpractice in transparency, accountability and civic engagement across the
public sector. pp. 3 accessed 1.03.2019,http://www.transparency-initiative.org/archive/wp-content/
uploads/2011/09/10-Fisheries1.pdf
195 INTERPOL (2014) Study on fisheries crime in the West African Coastal Region, p. 25-26,
www.interpol.int/content/download/27590/369574/.../WACS%20EN.pdf
196 Martini, M. (2013) Illegal, unreported and unregulated fishing and corruption,
U4 Expert Answer 392, p. 5,
http://www.u4.no/publications/illegal-unreported-and-unregulatedfishing-and-corruption/
197 EJF (2013) Sold to the Sea: Human trafficking in Thailand’s fishing industry,
https://ejfoundation.org/reports/sold-to-the-sea-human-trafficking-inthailands-fishing-industry
198 EJF (2015) Thailand’s Seafood Slaves: Human Trafficking, Slavery and Murder in
Kantang’s Fishing Industry,
https://ejfoundation.org/reports/thailands-seafood-slaves-humantrafficking-slavery-and-murder-in-kantangs-fishing-industry
199 Ibid
200 EJF (2013) Sold to the Sea: Human trafficking in Thailand’s fishing industry,
https://ejfoundation.org/reports/sold-to-the-sea-human-trafficking-inthailands-fishing-industry
201 Ibid
202 EJF (2015) Thailand’s Seafood Slaves: Human Trafficking, Slavery and Murder in
Kantang’s Fishing Industry,
https://ejfoundation.org/reports/thailands-seafood-slaves-humantrafficking-slavery-and-murder-in-kantangs-fishing-industry
203 Ministry of Foreign Affairs of Thailand (2015) Joint Operation to Combat
Human Trafficking in the Fishing Industry, Combating Trafficking in Persons
in Focus,
http://www.thaianti-humantraffickingaction.org/Home/wp-content/
uploads/2015/11/9-Nov-2015-RTN-and-Region-9-Operation-in-Trang.pdf
204 Human Rights and Development Foundation, 14.02.2016, ‘Press Releasefrom Trang Provincial Court’, accessed 25.02.2019,http://hrdfoundation.org/?p=1497
205 EJF (2015) Thailand’s Seafood Slaves: Human Trafficking, Slavery and Murder in
Kantang’s Fishing Industry,
https://ejfoundation.org/reports/thailands-seafood-slaves-humantrafficking-slavery-and-murder-in-kantangs-fishing-industry
206 Council Regulation (EC) No. 1005/2008 of 29 September 2008 establishinga Community system to prevent, deter and eliminate illegal, unreported
and unregulated fishing (2008), http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=OJ:L:2008:286:0001:0032:EN:PDF
207 US Department of State (2016) 2016 Trafficking in Persons Interim Assessment,
https://www.state.gov/j/tip/rls/reports/2016/257831.htm
208	Office of the High Commissioner for Human Rights (2011) Guiding Principles
for Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework, https://www.unglobalcompact.org/library/2
209 UK Government (2015) Modern Slavery Act 2015,
http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted
210 EJF (2018) Out of the shadows. Improving transparency in global fisheries to stop
illegal, unreported and unregulated fishing,https://ejfoundation.org//resources/downloads/Transparency-report-final.pdf
211 I HRB (2019) The Employer Pays Principle
https://www.ihrb.org/employerpays/the-employer-pays-principle
212 BSI Standards (2017) PAS 1550:2017 Exercising due diligence in establishing thelegal origin of fishery/seafood products and marine ingredients – importing andprocessing – code of practice.
213 I LAB (2019) Sweat & Toil: Child Labor, Forced Labor, and Human Trafficking
Around the World https://www.dol.gov/general/apps/ilab

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