The fishing industry is home to some of the worst examples of workplace abuse. Where maritime transport has the International Convention for the Safety of Life at Sea and the International Convention on Standards of Training for Watchkeepers – both ratified by states representing 99 per cent of the world fleet – the equivalent conventions in fisheries show no signs of even getting close to ratification.

The fishing industry is also affected by the problems associated with flags of convenience. A particular blight is the practice of illegal, unreported and unregulated (IUU) fishing, where many unscrupulous owners benefit from the anonymity provided by the FOC system. Estimates from the Marine Resources Assessment Group (MRAG) suggest that, across all oceans, IUU fishing is costing states between US$4.2 billion and US$9.5 billion in lost revenue each year – or 20 per cent of the value of the global catch.

In addition to the adverse effects on depleted fish stocks and efforts to ensure a sustainable fishing industry, conditions on IUU vessels are often found to be dangerously substandard. Along with poor working conditions, the crew, often recruited from rural areas and with limited seagoing experience, seem to be frequent victims of physical abuse and callous disregard by criminal employers.

Case Studies Chinese fishers were brutalised, Crew ruthlessly exploited, "Reign of terror" on Salus.

In comparing the global high seas fishing fleet with the global merchant fleet, the ministerially-led High Seas Task Force notes that the former "is comparatively unregulated and suffers from a lack of transparency about who owns and manages these boats. Fishing vessels as a class are exempt from many of the International Maritime Organization (IMO) conventions that apply to merchant vessels. In a world that is increasingly conscious of the importance of maritime security, safety and respect for human rights, this situation is anomalous and troubling."

"Along with poor working conditions, the crew, often recruited from rural areas and with limited seagoing experience, seem to be frequent victims of physical abuse and callous disregard by criminal employers"

A recent report commissioned by the Australian Department of Agriculture, Fisheries and Forestry, the ITF and WWF International – "The Changing Nature of High Seas Fishing" – exposes how flags of convenience provide cover for IUU fishing. It notes the large number of large-scale fishing vessels that are registered to FOCs and the ease with which they can practise "flag-hopping" in order to run from the law or access new fishing grounds:

"Aside from the threat posed to the conservation and sustainable management of fisheries in international waters, the FOC system in fisheries fundamentally distorts international efforts to address the issue of equitable access to fisheries on the high seas and results in human rights abuses continuing behind a veil of secrecy."

Towards a better life     The “Out of Sight Out of Mind” report was presented at two United Nations meetings on the Law of the Sea Convention in June, where it received considerable attention. A large extract from the statement given by the ICFTU (International Confederation of Free Trade Unions) representative (on behalf of the ITF) was reproduced in the “Report of the Meeting of the States Parties to the United Nations Convention on the Law of the Sea”, indicating that efforts to raise the issue of human rights in the fisheries sector are receiving high level acknowledgment. It is hoped that the report will continue to receive support and will strengthen ITF influence in the run-up to adoption of the ILO Fisheries Convention in 2007, and in the ongoing campaign for the establishment of a "genuine link" between the vessel owner/company and the flag it flies. In the meantime, a series of strategic priorities for the ITF were agreed by affiliated fisheries unions during the ITF Congress in Durban in August. They included the following: Support national affiliates in enhancing working and living conditions for all fishers, including the finalisation of a model collective bargaining agreement, and the development of a policy on non-domiciled fishers. Prepare for the 2007 adoption of the ILO Fisheries Convention. Continue the political campaign for an end to the flag of convenience system and the establishment of a “genuine link” between the vessel owner/company and the flag. Develop training for inspectors and dock workers concerning the inspection of fishing vessels. Expand the influence of the ITF and its affiliates in the fishing industry, and maintain relations with international organisations, including the UN Food and Agriculture Organization (FAO), the ILO, IMO, Organisation for Economic Cooperation and Development (OECD) and the UN Commission on Sustainable Development (UNCSD). Develop a policy on sustainable fishing which takes due account of environmental and ecological factors. Maintain and expand alliances with environmental organisations concerned with fisheries.

On 10 October 2000, the Sao Tome and Principe-flagged longliner, Amur, sank in sub-antarctic waters off Kerguelen. The vessel was known to be unseaworthy and most crew members had neither proper contracts nor insurance cover. The life-saving equipment did not function and 14 of the crew of 40 drowned, unable to escape from cabins located in dangerous parts of the ship. The vessel had left the port of Montevideo, Uruguay under the name of Sils and flagged to Belize. It changed name and flag whilst at sea and was illegally engaged in fishing for toothfish when it sank.

In June 2005 the Ukrainian-flagged Simiez caught fire in suspicious circumstances in Montevideo. The 11 crew – nine Chinese, one Indonesian and their Ukrainian skipper died in the blaze. Montevideo port authorities were reported to believe that the crew members were probably locked in their cabins at the time of the fire.

Abuses a common occurrence

Though it is difficult to document conditions on board IUU vessels, the "Changing Nature of High Seas Fishing" report reveals that abuses of human and labour rights are a common occurrence. It includes the following comments obtained from SINTONERS, a Chilean union representing fishworkers:

"The crew on IUU fishing vessels often either do not have contracts or, if they do, the contracts are signed by fictitious companies, which are impossible to find, in cases where there are violations of labor or human rights, or in cases where crew are arrested or vessels sink…

"Crew that are considered ‘inefficient’ or who ‘cause problems’ on board IUU vessels are sometimes abandoned in foreign ports and must themselves seek help from embassies, local fishermen’s unions, churches, or aid organisations to get home…

"Physical and/or psychological mistreatment of crew on board IUU vessels often occurs…

"In some cases Asian crew members have been known to work on board IUU fishing vessels as forced labor and are locked in their quarters or placed in chains."

Extortion

Tual, Indonesia has been home to around 1,000 Burmese fishers for over two years. Discharged from their Thai-flagged vessels, most did not have their travel documents, which were kept by the vessel owners or by representatives of Thai fisheries companies in Tual. As a result they found themselves frequent victims of extortion by local security and immigration officers.
 
Hired without individual work contracts, they were not paid properly and were often subject to inhumane treatment. Most of the Burmese were not originally fishers, but farmers who fled from Burma to Thailand as refugees. Their current situation is being monitored by the Indonesian Seafarers’ Union – Kesatuan Pelaut Indonesia (KPI) but is hindered by their lack of acknowledged refugee status.

Indonesians working for foreign fisheries companies are also known to suffer from a lack of legal protection due to inadequate employment agreements. In another case being investigated by KPI, 28 fishers were recruited by PT Baruna Siwa agency in Bali to work on the FV Ianthe, operated by Micronesia Longline Fishing Company. During their three-year period of employment they received no wages. They have no collective bargaining agreements or individual contracts.

While seafarers would appear to suffer unduly at the hands of unscrupulous employers and ineffectual regulation, some of the worst cases of abuse are found in the fishing sector. An industry that embraces a wide scale of operations, from factory ships to family ventures, has proved difficult to organise and to regulate. In June 2005 the International Labour Organization (ILO) conference.