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Tackling Forced Labor Issues in the Fishing Industry

Abstract

International audience The Ocean and the resources that it provides are vital to human survival, yet its sheer vastness poses difficulties for regulating this space, adding to its mysteries and challenges. In an industry that is dangerous in the best of circumstances – the International Maritime Organization (IMO) reports that the annual loss of human life due to fishing practices is 24,000 people – forced labour conditions have a devastating effect. In the Cost of Coercion report, the International Labour Organization (ILO) explains that the fishing industry is particularly vulnerable to abuse in recruiting practices, and "the isolation and confined circumstances of this group of workers, together with frequent difficulties in identifying legal liabilities towards crews, can make them particularly vulnerable." Furthermore, the IMO identifies the need for balancing efficient business practices with preventing forced labor arrangements and abuses. Seafarers are vulnerable workers. They work on very long, generally temporary, contracts and can be hired and fired at will.The high seas could be one of the most challenging domains to regulate: the right of every nation and the responsibility of no nation. The maritime legislation ratified in this space reflects these tensions: attempting to balance the diametrically opposed forces of openness and ownership. There is a need for balance between the openness to navigate the seas unhindered and the communal sense of ownership that is necessary to deter greedy and unabashed consumption of maritime life, environmental resources, and human capital. Consequently, the scale of maritime jurisprudence favours openness at the expense of ownership. Maritime legislation identifies the plethora of issues contributing to forced labor including: fraudulent employmentdocuments, excessive overtime, lack of adequate training, flags of convenience, constant reflagging, and transshipment. However, maritime legislation does not name an overarching authority with the power to police the high seas, instead leaving it to flag states and port states to regulate and monitor vessel activity. Furthermore, environmental degradation exacerbates poor labour conditions on fishing vessels. As fishing stocks become more depleted, competition for limited resources increases, driving vessels to cut costs – including labor – in order to continue to operate, given lower profit margins. Vessels need to travel much further into deep waters in order to reach stocks that have not yet been depleted. Operating in the maritime global commons tempts fishing establishments to focus on short-term incentives and defection from stewardship of these shared resources. However, this is a narrow, short-term view of business incentives, ultimately leading to behaviours that are detrimental to the longevity of the fishing industry. Lacking any overarching authority with the power to police the high seas, flag states and port states are left to regulate and monitor vessel activity. Even so, fishing vessels are often exempt from the stricter regulations imposed on shipping vessels. Maritime legislation does not account for the power dynamics between supplier and retailernations ultimately creating a transnational vacuum of authority: an ipso facto zone of impunity.

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