Forced Labor Trafficking in the International Fishing Sector

Forced Labor Trafficking in the International Fishing Sector

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February 29, 2016
Forced Labor Trafficking in the International Fishing Sector
Overview
with lax enforcement; stay in international waters as
Numerous reports have documented labor exploitation in
“ghost” ships, devoid of registration, identification, and
the fishing industry for more than a decade, though the
tracking; or transfer their catch to other ships for
phenomenon is widely considered to be underreported. The
transshipment elsewhere. Workers may play into this labor
U.S. government has played a leading role in international
trafficking by their lack of awareness of their own
efforts to combat human trafficking, with Congress in
exploitation, of the international rules against these
particular closely engaged in U.S. foreign policy responses.
practices, and of their rights. Some trafficked workers just
Most recently, the 114th Congress has enacted trade-related
assume that hardships are part of the job.
legislation that may affect U.S. anti-trafficking policy.
What Do Trade Data Show?
What Is the Global Scope of the Problem?
Overall, U.S. trade data show that in 2014, the United
The State Department’s Trafficking in Persons Report
States imported nearly $15 billion worth of fish, of which
describes practices that amount to trafficking in persons in
imports from East Asia and the Pacific accounted for 37%
the fishing industry as a widespread and global problem,
of all U.S. fish imports by value, but nearly half (49%) by
but one that is particularly acute in Southeast Asia. The
weight (see Figure 1). The high ratio of volume to value
International Labor Organization (ILO) and the United
reflects a combination of low-value fish and low-cost labor.
Nations Office on Drugs and Crime (UNODC) have
While the ILO estimates that nearly 21 million people in the
described labor exploitation practices in the fishing industry
world work under coercion, with nearly one-half of them in
as “extreme instances of cruel and inhumane treatment.”
Asia, estimates on the share of trafficking victims in the
fishing sector are unavailable.
Reports document underpayment or non-payment of wages
and breaches of contract, as well as instances of debt
Figure 1. U.S. Fish Imports, by Value and Weight
bondage and involuntary servitude. Victims of trafficking in
the fishing industry describe sleep deprivation, long
working hours, poor living conditions, malnutrition, limited
food supply, and limited or no access to health care, as well
as physical abuse and violence. At sea, fishermen are
typically unable to escape exploitative labor environments
or to terminate contracts. Without the ability to disembark,
some victims are left with no recourse for months, if not
years.
Trafficking in persons on fishing vessels has also been
linked to marine living resources crimes, such as illegal,
unreported, and unregulated (IUU) fishing, as well as drug
trafficking. In addition to forced labor, or labor trafficking,
aboard vessels, fishing crews have also reportedly engaged
in commercial sexual exploitation, including of children,
some of whom come aboard as stowaways.
What Factors Contribute to Forced Labor?
The scope of trafficking problems in the fishing sector has
grown as a result of increased globalization, which
complicates traceability issues in complex supply chains.
Demand pressures have also grown, including global
demand for seafood products, despite a stagnated
worldwide capture production of marine fish, and for labor
in the fishing sector. Moreover, maritime regulation of the
fishing industry, as well as corresponding law enforcement,
is widely viewed as lax, providing criminal actors wide
latitude to operate with perceived impunity.
How Do Fishing Boats Evade Regulation?

Fishing boat operators evade regulation and identification a
Source: USITC Trade Database. Graphic by CRS.
variety of ways. They may register in political jurisdictions
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Forced Labor Trafficking in the International Fishing Sector
International Framework
Clinton issued Executive Order No. 13126, which requires
A number of international conventions and guidelines
the Departments of Labor, State, and Homeland Security to
address human trafficking and forced labor in the fishing
maintain a list of countries and products that are likely to
industry, including the United Nations and the ILO. Other
have been mined, produced, or manufactured by forced or
international organizations, including the Organization for
indentured child labor. These reports identify and discuss
Economic Cooperation and Development, the World Bank,
trafficking in the fishing and seafood industries.
and the International Monetary Fund, have addressed forced
labor protections through guidelines and codes of conduct.
Selected Legislative Activity
Policymakers continue to approach the issue of trafficking
In 2000 the United Nations supplemented its Convention
in the international fishing sector on multiple fronts,
Against Transnational Organized Crime with a Protocol to
including through efforts to combat IUU fishing, to uphold
Prevent, Suppress, and Punish Trafficking in Persons. The
international core labor standards, and to address trafficking
U.N. Trafficking Protocol was not the first or only
in persons in foreign policy. Further discussion may
multilateral mechanism to address human trafficking; it
continue following the State Department’s release of the
was, however, the first to define trafficking in persons and
2016 Trafficking in Persons Report and over congressional
require States Parties to broadly criminalize such activity.
deliberation of the proposed Trans-Pacific Partnership
(TPP) agreement.
The ILO also prohibits forced labor under several core
labor conventions. These include C29 and C105, which call
Illegal, Unreported, and Unregulated (IUU) Fishing
for the immediate abolition of forced labor, and C138 and
To the extent that recent reports indicate that the
C182, which prohibit the worst forms of child labor,
exploitation of labor on fishing boats is correlated with IUU
including labor that is inherently dangerous, such as fishing.
fishing, the 114th Congress’s enactment in December 2015
Together, these conventions constitute four of eight named
of the Illegal, Unreported, and Unregulated (IUU) Fishing
in the ILO Declaration, adopted in 1998 by the ILO. In
Enforcement Act of 2015 (P.L. 114-81) may also have
June 2014, the ILO adopted a new protocol and
implications for anti-human trafficking policy. The act
recommendation to supplement the Forced Labour
includes a provision that authorizes the Secretary of
Convention of 1930 (C29). The new Protocol of 2014
Commerce to deny port entry to maritime vessels known or
reaffirms state obligations to address forced labor in all its
suspected to have engaged in IUU fishing. To facilitate
forms, including trafficking in persons.
international cooperation consistent with P.L. 114-81, the
United States also proceeded in February with ratification
National Framework
of the United Nations Port State Measures Agreement.
Although the U.S. government participates in multilateral
efforts to combat human trafficking, U.S. responses often
Recent Trade and Customs Legislation
extend beyond the scope of international commitments,
Protection of core labor standards, including against forced
primarily based on U.S. foreign policy legislation and
labor, is a key feature of the Bipartisan Congressional Trade
executive branch guidance. Congress has enacted
Priorities and Accountability Act of 2015 (Title I of P.L.
legislation to address aspects of the problem, including in,
114-26), under which legislation implementing trade
but not limited to, the Trafficking Victims Protection Act of
agreements, such as the proposed TPP, could receive
2000 (TVPA) and its TVPA reauthorization acts (TVPRAs
expedited congressional consideration. TPP is particularly
of 2003, 2005, 2008, and 2013).
relevant for the international fishing sector, as 8 of the top
20 fishing nations stand to benefit from TPP
Trafficking-related provisions have been enacted in U.S.
implementation. P.L. 114-26 also linked trade authorities’
trade legislation, including as part of the Tariff Act of 1930,
procedures with country performance in the Trafficking in
U.S. trade preference programs, U.S. trade negotiating
Persons Report.
objectives in Trade Promotion Authority (TPA), and recent
U.S. free trade agreements (i.e., Colombia, South Korea,
On February 24, 2016, President Barack Obama signed
Panama, and Peru). Through such trade provisions, the
H.R. 644, the Trade Facilitation and Trade Enforcement
United States has sought to ensure that trading partners
Act of 2015 (P.L. 114-125). H.R. 644 includes several
fully adopt and enforce laws related to core internationally
provisions that pertain to human trafficking. One of these is
recognized worker rights, including against forced labor.
the elimination of the consumptive demand exception to the
longstanding prohibition on the import of goods made with
Congress has mandated that the Departments of State and
convict labor, forced labor, or indentured labor pursuant to
Labor regularly report on foreign countries’ policy
the Tariff Act of 1930. Some speculate that closing this
responses to human trafficking and forced labor. The most
loophole could improve the U.S. response to widespread
targeted of these reports is the State Department’s annual
allegations of slavery and forced labor on fishing vessels in
Trafficking in Persons Report, which ranks and reviews the
Southeast Asia.
status of foreign countries in addressing human trafficking.
A country’s Tier ranking in the Trafficking in Persons
Liana W. Rosen, Specialist in International Crime and
Report is also relevant in the context of trade negotiations.
Narcotics
Other congressionally mandated foreign country reporting
includes the Labor Department’s
M. Angeles Villarreal, Specialist in International Trade
Findings of the Worst
and Finance
Forms of Child Labor and its report listing goods produced
by forced or child labor. In addition, in 1999, President
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Forced Labor Trafficking in the International Fishing Sector

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