In maritime transport, risks arise where seafarers are recruited through intermediaries, deceived about terms and conditions, subjected to delayed of non-payment wages, or prevented from leaving ships at the end of contracts. Isolation at sea, long periods away from home and limited access to complaint mechanisms further heighten risks and restrict workers ability to seek help or leave.
Forced labour overlaps with modern slavery and human trafficking, resulting in some of the most egregious human rights abuses in the maritime industry. The ILO has set out 11 key indicators of a situation of forced labour, many of which are prevalent in the shipping industry, and some of which – for example isolation and restriction of movement – are unavoidable. In some cases, one of these alone may be enough to qualify as forced labour, while in others a combination may be needed to reach this threshold of abuse. These indicators are:
- Isolation
- Restriction of movement
- Wage theft
- Abuse of vulnerability
- Deception
- Retention of documents
- Debt bondage
- Abusive working and living conditions
- Excessive overtime
- Physical and sexual violence
- Intimidation and threats
Many other distinct and serious human rights violations may be identifiable in a situation that could also be assessed as forced labour, including each of these examples:
- According to ILO Convention 185 on Seafarers’ Identity Documents of 2003, article 7(1), the seafarer’s identity document shall remain in the seafarer’s possession at all times, except when it is held for safekeeping by the master of the ship concerned, and only then with the seafarer’s written consent.
- Any deduction of wages to the employer or a manning agent (recruiter) for the purposes of attaining employment – a situation that can lead to debt bondage – is prohibited under ILO Convention 95 on Protection of Wages of 1949, article 9.
- ILO Convention 190 on Violence and Harassment of 2019 recognises that violence and harassment in the world of work, including gender-based violence and harassment, can constitute a human rights violation or abuse, is a threat to equal opportunities, is unacceptable, and is incompatible with decent work.
Seafarers may be subjected to human trafficking for labour exploitation through practises including deceptive recruitment, failure to uphold contract terms or payment as promised, charging recruitment fees (directly, indirectly or partially), or withholding wages or documentation – all of which may also lead to debt bonded or forced labour. The ITF sees hundreds of cases each year where seafarers are forced to remain on board or risk never receiving the wages that they are owed.
Under national laws, aspects of this behaviour may be criminal. Companies should take particular note of modern slavery risks for reporting requirements under national legislation, such as the modern slavery acts in the UK and Australia.