Strengthened Coordination to Combat Labour Exploitation and Trafficking in Fisheries in Southeast Asia
In recent years, the trafficking of workers into fishing has emerged as an issue in Southeast Asia’s fishing and seafood industry
Modern Slavery Statistics : 1.8 million people worldwide were in forced labour in fishing and agriculture industries
International Labour Organization. Global Estimates of Modern Slavery: Forced Labour and Forced Marriage. (2017)
ILO SEA Fisheries Project aims to reduce human trafficking and labour exploitation in fisheries by strengthening coordination and increase the efficiency and effectiveness of existing national and regional level anti-trafficking efforts in South East Asia.
The SEA Fisheries Project works on three core areas
Coordinating Ministry for Maritime Affairs – Kementerian Koordinator Bidang Kemaritiman RI (Kemenko Maritim)
Indonesian Seafarers’ Union – Kesatuan Pelaut Indonesia (KPI)
The Employers’ Association of Indonesia – Asosiasi Pengusaha Indonesia (APINDO)
United States Department of State’s Office to Monitor and Combat Trafficking in Persons
In recent years, the trafficking of workers into fishing has emerged as an issue in Southeast Asia’s fishing and seafood industry. Fishing is inherently hazardous and it takes place in relative isolation with unique practices in terms of working hours and wages.
There is a weak legal framework and limited enforcement in the sector, complicated by jurisdictional challenges. There are strong links between illegal, unreported and unregulated (IUU) fishing, and the use of forced labour on board. The seafood supply chain is also one of the most complex global value chains, involving multiple sources and processing locations, some of which are mobile, as well as multiple markets with different consumer demands and preferences.
The work is often carried out by migrants, who are particularly vulnerable to being deceived and coerced in recruitment and employment. Workers are trafficked within the region, but also on fishing vessels all over the world. The work is highly segregated by gender, with women and children usually work in processing factories while fishing is almost exclusively the domain of men.
Facilitating a regional multi-stakeholders approach is crucial in addressing the special characteristics of human trafficking and forced labour in the fishing industry in Southeast Asia
The project proposes to establish the Southeast Asian Forum to End Trafficking in Persons and Forced Labour of Fishers (SEA Forum for Fishers) as the regional coordination body. It will strengthen regional coordination among broad-based stakeholders and maximise the efficiency and efficacy of existing national efforts to combat trafficking and forced labour in the fisheries sector. The SEA Forum for Fishers include various government departments (the competent authorities on labour, migration, trafficking and fisheries), workers’ and employers’ organizations, industry associations, buyer groups, international organizations and research institutions. Leadership meetings will be convened, with participation from social partners, to identify regional coordination priorities. A secretariat for the SEA Forum for Fishers will also be incubated by the ILO.
The project will coordinate strategies and to support the adoption of result-oriented and gender-responsive regional action plans that enhance the complementarity and efficiency of various initiatives ongoing to combat trafficking in the fisheries sector.
Activities will include mapping of current and planned anti-trafficking activities concerning sea fisheries at the regional level and in priority countries (Indonesia and Thailand).
The project will commission and conduct independent research and analysis to underpin the development of strategies and action plans to fill knowledge gaps, and to establish platforms that can enhance the sharing of good practices and experiences. Research will be conducted at the regional level on cross-cutting issues and in priority countries. Priority research areas will be identified in consultation with the stakeholders. Platforms for enhancing communication on progress, good practices and international standards will be established at the regional and national levels.
The Southeast Asian Forum to End Trafficking in Persons and Forced Labour of Fishers (“The SEA Forum for Fishers”) is the multi-stakeholder Regional Coordination Body to be established in Southeast Asia to improve coordination in combatting trafficking in persons, forced labour, and modern slavery at sea.
The SEA Forum for Fishers is a non-binding voluntary multi-stakeholder initiative to strengthen coordination among the Members to combat trafficking in persons, forced labour, and slavery in the fishing and seafood sector through an integrated, holistic, human rights-based and action-led approach.
The objectives of the SEA Forum for Fishers are:
The SEA Forum for Fishers consists of a multi-stakeholder Membership supported by a Technical Advisory Group, guided by a Steering Committee, and with a Secretariat, with designated Working Groups focused on specific cross-cutting themes and issues.
Members of the SEA Forum for Fishers include:
National government authorities;
Representatives of workers in and from Southeast Asia including trade unions and other nongovernmental civil society organizations;
Representatives of employers including industry associations and private employment agencies in and from Southeast Asia, and businesses that source from the fishing and seafood industry in Southeast Asia.
The Secretariat provides technical and administrative support to the SEA Forum for Fishers, and supports the implementation of its decisions.
The strategic direction of the SEA Forum for Fishers shall be guided by a Steering Committee. A Steering
Committee shall include representatives from the following stakeholders:
a. Three (3) national government authorities representing three countries in Southeast Asia;
b. Three (3) representatives of workers;
c. Three (3) representatives of employers.
There are one Chair of the Steering Committee representing governments, and one Vice-Chair representing workers and one Vice-Chair representing employers.
International, regional and national organizations, academic and research institutions, non-government organizations with technical expertise, and trade union, industry and private sector associations or leaders may participate in the SEA Forum for Fishers as Technical Advisors.
Working Groups were established by Members of the SEA Forum for Fishers to address issues of common interest or cross-cutting themes. The purpose of the Working Groups is to take practical action at the technical level, produce recommendations to the Membership within the scope of their Terms of Reference, and foster operational cooperation among Members.
Members benefits:
a. Have opportunities to participate in a forum with diverse and wide-ranging stakeholders who have a common interest in ending trafficking and forced labour in the fishing and seafood industry.
b. Have opportunities to meet, liaise, understand and potentially work with a wide range of stakeholders across the region.
c. Be able to influence the agenda, conversation and priority setting at a regional level.
d. Have access to expertise and experience from the regional and Technical Advisors.
e. Form and participate in Working Groups of cross-cutting themes and issues with partners from across the region and with the guidance of Technical Advisors
f. Have the opportunity to form innovative partnerships and alliances with stakeholders across the region.
International and regional organizations, academic and research institutions, non-governmental organizations with technical expertise, industry, and private sector associations or leaders may be invited to participate in the SEA Forum for Fishers as Technical Advisors.
Technical Advisors serve as resources in their relevant area of expertise for the Members of the SEA Forum for Fishers including in Working Groups and to the Steering Committee. Any Member(s) of the SEA Forum for Fishers can seek the advice of a Technical Advisor directly or via the Secretariat.
While Technical Advisor do not vote on decisions of the Forum, they can make recommendations to the Steering Committee and the Membership in areas of their respective expertise for their consideration and adoption.
A brief introduction to the SEA Forum for Fishers, a regional coordination body to end human trafficking and forced labour in fisheries in Southeast Asia. Presentation audience is private sectors.
The Coordinating Ministry for Maritime Affairs of the Republic of Indonesia and lntemational Labour Organization organised Consultative Forum on Regional Cooperation Against Human Trafficking, Labour Exploitation, and Slavery at Sea on 27-28 March 2018 in Bali. The forum was attended by participants from government officials, trade unions, employer organizations, and civil society organizations in Southeast Asia to respond to the issues of human trafficking, labour exploitation, and slavery at sea in fisheries sector.
Click on the image link to see the Background Paper for discussions at the event
Fundamental principles and rights at work
Covered by 8 fundamental Conventions
aASEAN/ Sub-regional
ASEAN Declaration Against Trafficking in Persons Particularly Women and Children November 29, 2004 (PDF 14.7KB)
ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers January 13, 2007 (PDF 26KB)
Sub-Regional Action Plan: Areas for Cooperation and Activities as Agreed at Senior Officials Meeting II October 28, 2004 (PDF 31.8KB )
Memorandum of Understanding (MOUs)
Memorandum of Understanding for Joint Action to Reduce HIV Vulnerability Related to Population Movement between the Kingdom of Cambodia, the People’s Republic of China, the Lao People’s Democratic Republic, the Union of Myanmar, the Socialist Republic of Viet Nam September 5, 2001(PDF 24.2KB)
Memorandum of Understanding (MOU) Between the Royal Thai Government and the Government of Lao PDR on Employment Cooperation October 18, 2002 (PDF 20.7KB)
Memorandum of Understanding Between the Government of the Kingdom of Cambodia and the Government of the Kingdom of Thailand on Bilateral Cooperation for Eliminating Trafficking in Children and Women and Assisting Victims of Trafficking May 31, 2003 (PDF 130KB)
Memorandum of Understanding Between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Cooperation in the Employment of Workers May 31, 2003 (PDF 27KB)
Memorandum of Understanding Between the Government of the Kingdom of Thailand and the Government of the Union of Myanmar on Cooperation in the Employment of Workers June 21, 2003 (PDF 25.5KB)
Memorandum of Understanding on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region October 29, 2004 (PDF 27KB)
Memorandum of Understanding Between the Government of the Lao People’s Democratic and the Government of the Kingdom of Thailand on Cooperation to Combat Trafficking in Persons, Especially Women and Children July 13, 2005 (PDF 359KB)
Agreement Between the Royal Government of Cambodia and the Government of the Socialist Republic of Vietnam on Bilateral Cooperation for Eliminating Trafficking in Women and Children and Assisting Victims of Trafficking October 10, 2005 (PDF 339KB)
Memorandum of Understanding between the Government of Malaysia and the Government of Kingdom of Cambodia on the Recruitment and Employment of Workers, December 2015 (PDF11.5MB)
Memorandum of Understanding between the Government of Kingdom of Thailand and the Government of the Union of Myanmar, 2016 (PDF29.0KB)
Brunei Darussalam
Brunei Darussalam Employment Order, 2009. (PDF)
Labour Act Chapter 93 (Immigrant Workers’ Employment Licences) Rules. (PDF)
Guide to Brunei Darussalam Employment Laws, 2009. (PDF)
See others on the ASEAN repository
Cambodia
Cambodia, Sub-Decree #46, May 2002 (PDF181KB)
Cambodia, Law on Suppression of Human Trafficking and Sexual Exploitation, 2008 (PDF500KB)
Cambodia, Sub-Decree #190 on The Management of the Sending of Cambodian Workers Abroad through Private Recruitment Agencies, August 2011 (PDF49.2KB)
Cambodia, Sub-Decree 47/13, February 2013 PDF28.7KB
Cambodia, Labour Migration Policy for Cambodia 2015-2018, December 2014 (PDF1.42MB)
Cambodia, Prakas 252, September 2013 (PDF25.9KB)
Cambodia, Prakas 249, September 2013 (PDF25KB)
Indonesia
Law 16/1964 on Fisheries Profit Sharing System: Bahasa Indonesia
Law 1/1970 on Work Safety: English; Bahasa Indonesia
Law 39/3003 on Manpower: English; Bahasa Indonesia
Law 40/3004 on the National Social Security System: Bahasa Indonesia
Law 17/2008 on Shipping: English; Bahasa Indonesia
Law 20/2008 on Micro, Small and Medium Enterprises: English; Bahasa Indonesia
Law 31/2003 on Fisheries, as amended by Law 45/2009: English; Bahasa Indonesia
Law 7/2016 on Protection and Employment of Fishers, Aquaculture Farmers, and Salt Farmers: English; Bahasa Indonesia
Law 18/2017 on Protection of Indonesian Migrant Workers:English; Bahasa Indonesia
Government Regulation 20/2010 on Water Transportation: Bahasa Indonesia
Presidential Decree 109/2013 on Stages of Social Security Program: Bahasa Indonesia
Presidential Decree 82/2018 on Health Care: Bahasa Indonesia
MMAF Regulation 35/2015: English; Bahasa Indonesia
MMAF Regulation 42/2016: English; Bahasa Indonesia
MMAF Regulation 2/2017: English; Bahasa Indonesia
MMAF Regulation on OSH in MMAF 6/2018: Bahasa Indonesia
MoT Regulation 84/2013 on Ship Crew Recruitment and Deployment: Bahasa Indonesia
Ministry of Health Regulation 1/2018: Bahasa Indonesia
MoM Regulation 2/1992on Procedures on Appointment and Authority of Occupational Safety and Health Professional: Bahasa Indonesia
MoM Regulation 9/2019 on Procedures on the Placement of Indonesian Migrant Workers: Bahasa Indonesia
BNP2TKI Regulation 3/2013 on Technical Guidance on Placement and Recruitment of Fishers on Foreign-flagged Fishing Vessels: Bahasa Indonesia
BNP2TKI Regulation 12/2013 on Technical Guidance on Recruitment, Placement, and Protection of Seafarers on Foreign-flag Vessels: Bahasa Indonesia
BNP2TKI Moratorium Lerrer SE no. 1 of 2015: Bahasa Indonesia
BNP2TKI Regulation 3/2019 on Technical Guidance on Repatriation Service of Indonesian Migrant Workers in Dispute to Place of Origin: Bahasa Indonesia
Lao PDR
Law on Lao PDR Trade Union, 2007. (PDF)
Lao PDR Labour Law, 2013. (PDF)
See others on the ASEAN repository
Malaysia
Malaysia Employment Act, 1955. (PDF)
Recruitment Terms and Conditions of Foreign Workers, 2018. (PDF)
See others on the ASEAN repository
Myanmar/Burma
Myanmar, The Social Security Act, 1954 PDF1.08MB
Myanmar/Burma, Law Relating to Overseas Employment, July 1999 (PDF103KB (2))
MOEAF, “Code of Conduct for the Members of Myanmar Overseas Employment Agencies Federation”, August 2016 (PDF5.39MB)
Philippines
Presidential Decree 442, Labor Code of the Philippines: English
Republic Acts
Philippines Fisheries Code, RA 8550: English
Philippines Coastguard Law, RA 9993: English
Special Protection of Children Act, RA 9231: English
Migrant Workers Act 1995, RA 8042 as amended by RA 10022: English
Social Security Law, RA 1161 (as amended by Sec. 1, P.D. No. 24, S-1972): English
An Act Further Strengthening The Social Security System Thereby Amending For This Purpose, RA 1161, as amended, RA 8282: English
An Act To Prevent Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Amending RA 8550, Otherwise Known As “THE PHILIPPINE FISHERIES CODE OF 1998,” And For Other Purposes, RA 10654: English
Home Development Mutual Fund Law of 2009, RA 9679: English
Republic Act No. 10635 (An Act Establishing the Maritime Industry Authority (MARINA) as the Single Maritime Administration Responsible for the Implementation and Enforcement of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended: English
DOLE Order 141/2014: English
DOLE Order 147/15: Amending the Implementing Rules and Regulations of Book VI of the Labor Code of the Philippines, as amended: English
DOLE Order 156/2016: English
DOLE Order 196/2018 amending DOLE Order 156/2016: English
DOLE Order 198 of 2018 Implementing Rules and Regulations of Republic Act No. 11058: English
DOLE, Occupational Safety and Health Standards: English
MARINA, Rules and Regulations on Stability Requirements for Philippine-Registered Domestic Ships (Stability Code, MARINA Circular No. 5 of 2007): English
MARINA, Philippines Fishing Vessels Safety Rules and Regulations (PFVSRR): English
Philippines Coast Guard, Memorandum Circular No. 5 of 2012 (Master’s Declaration of Safe Departure): English
Philippines Coast Guard, Memorandum Circular No. 6 of 1990 (Marine Protest): English
Omnibus Rules to Implement the Labor Code of the Philippines: English
Revised 2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers (Seafarers’ POEARR): English
POEA, Memorandum Circular No. 10 of 2010 (Amended Standard Terms and Conditions Governing Employment of Filipino Seafarers on Board Ocean Going Ships); Referred to in the text as “STC for Employment of Filipino Seafarers”: English
POEA Memorandum Circular No. 4 of 2013 (One-Page Covering Employment Contract): English
POEA’s Memorandum Circular No. 14 of 2018 (Guidelines in the Repatriation of Overseas Filipino Workers and Seafarers): English
Singapore
See on the ASEAN repository
Thailand
Thailand, Immigration Act, B.E. 2522 (PDF 88KB)
Thailand, Anti-Trafficking in Persons Act B.E 2551 (2008) January 30, 2008 Thai (PDF193KB) , English (PDF58KB) (Source: //www.no-trafficking.org/)
Thailand, Anti-Trafficking in Persons Act (No.2) B.E. 2558 (2015) November 3, 2015 Thai (PDF76KB)
Thailand, Anti-Trafficking in Persons Act (No.3) B.E. 2560 (2017) January 26, 2017 Thai (PDF74KB)
Thailand, Royal Ordinance, Additional amendments to Anti-Trafficking in Persons Act B.E. 2551 (2008), B.E. 2562 (2019) ENG version ( PDF148KB)
Thailand, Alien Work Act B.E 2551 (2008) Feburary 13, 2008 Thai (PDF706KB) , English (PDF553KB) (Source: //www.no-trafficking.org/)
Thailand, Labour Protection Act B.E. 2541 (1998) incorporated amendments as of B.E. 2551(2008), English (PDF)
Thailand, The Social Security Act (No. 4) 2015 (B.E. 2558) (PDF444K)
Thailand, Ministerial Announcement 2019 (B.E. 2562) Thai(PDF)
Thailand, Royal Ordinance on Bringing Migrant Workers to Work with Employers in Thailand B.E.2559 (2016) (PDF1.22MB)
Thailand, Royal Decree on Managing the Work of Aliens B.E. 2560 (2017)Thai version:(PDF264KB) English version: (PDF103KB)
Thailand, Royal Ordinance on Migrant Working Management (No 2) B.E. 2561 (2018)Thai version (PDF201KB)
Thailand, Emergency Decree on Fisheiries B.E. 2558 (2015) English version (PDF524KB)
Thailand, Royal Ordinance on Fisheries (No.2) B.E. 2560 (2017) English version (PDF765KB)
Thailand, Ministerial Regulation on Occupational Safety, Health, and Welfare System of Crews in Fisheries B.E. 2559 (2016) (PDF)
Viet Nam
Decision No.78/QĐ-TTG: National Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing up to 2025, English version (pdf)
Decree No: 05/2015/ND-CP dated January 12, 2015 of the Government defining and providing guidance on the implementation of a number of contents of the Labor Code 1/12/2015, English version (pdf)
Decree providing details and directives on the implementation of several articles of the law on Health Insurance, English version (pdf)
Decree 17: Amendments to the government’s decree no. 67/2014/ND-CP dated 07, 2014 On certain Fishery Development Policies, English version (pdf)
Directive 45/CT-TTG: On a number of tasks and solutions to remove the warning of the European Commission against Illegal, Unreported and Unregulated Fishing (IUU), English version (pdf)
Employment Law (Law No. 38/2013/QH13), English version (pdf)
Fisheries Law No. 18/2017/QH14, English version (pdf)
Fisheries Law No. 17/2003/qh 11, English version (pdf)
Law No. 46/2014/QH13 amending the Law on Health Insurance, Vietnamese version (pdf)
Labour Code 2019, English version (pdf)
Law on Occupational Safety and Health (Law No. 84/2015/QH13), English version (pdf)
Law on Vocational Education (Law No. 74/2014/QH13), English version (pdf)
Letter No 57/ CLCL-CL1: Requirements for Fishery Consignments imported into Vietnam for further processing and export to EU, English version (pdf)
Social Insurance Laws (No. 58/2014/QH 13), English version (pdf)
Trade Unions Law (No. 12/2012/QH13), English version (pdf)
See on the ASEAN repository
ILO
ILO Sectoral Policies Department (SECTOR)
ILO Ship to Shore Project
International Organizations
ASEAN
Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime
Food Agriculture Organization
International Organization for Migration
INTERPOL
United Nations Action for Cooperation Against Trafficking in Persons (UN-ACT) – Tools and Guidelines – Laws and Agreements
United Nations Conference on Trade and Development (UNCTAD)
United Nations Office on Drugs and Crime (UNODC)
Southeast Asian Fisheries Development Center (SEAFDEC)
World Fish Center
Private Sector
British Retail Consortium – Advisory Note for UK retailers
Asian Seafood Improvement Collaborative
Conservation Alliance for Seafood Solutions
Each Mile Technology – mFish
Employers’ Confederation of Thailand
Fishcoin
FishSource
Global Dialogue on Seafood Traceability
Global Sustainable Seafood Initiative
International Seafood Sustainability Foundation
Mars Petcare
Myanmar Fisheries Federation
Nestlé Thailand
Responsible Business Alliance
Responsible Investment and Sustainable Seafood
Seafood Stewardship IndexSeafood Task Force
Sedex – Forced Labour Indicator Reports
Sustainable Food Policy Alliance
Sustainable Seafood Coalition
Thai Union – SeaChange
Thai Tuna Industry Association
Trade Association for Seafood Traceability Technology
Tuna 2020 Traceability Declaration
Unilever – Sustainable Fishing Initiative
Workers’ Organizations
Agriculture & Farmer Federation of Myanmar AFFM-IUF
Fishers Rights Network
International Transport Workers’ Federation – Fisheries
International Fishersfolk and Fishworkers’ Coalition
Indonesia Migrant Workers Union
SENTRO
Non Governmental Organizations
Apostleship of the Sea – Stella Maris Seafarers’ Centre
C4ADS
Ethical Trading Initiative
Environmental Justice Foundation
FishWise
Future of Fish
Greenpeace – Sustainable Seafood Consumer Hub
Global Fishing Watch
Human Rights and Development Foundation – Anti-Labor Trafficking Project
Human Rights at Sea
Issara Institute
International Labour Rights Forum
International Transport Workers’ Federation – Fisheries
KIARA
Labour Promotion Network
Liberty Asia – Freedom Collaborative
Marine Stewardship Council Chain of Custody Certification
Migrant Working Group
Mekong Migration Network
Oceanminds
Oxfam and Seafood Alliance Indonesia
SeaFish – Tools for Ethical Seafood Sourcing
Monterey Bay Aquarium – Seafood Watch
Seafood Source
Seafood Slavery Risk Tool
SENTRO
USAID Asia Counter Trafficking in Persons (CTIP) Project
World Fish
International Labour Organization
Country Office for Indonesia and Timor Leste
Address: Menara Thamrin 22nd Floor, Jl. M.H. Thamrin No.3,
Jakarta Pusat, DKI Jakarta 10250
Phone: +62 21 391 3112; Fax: +62 21 3983 8959
Email: jakarta@ilo.org;
Website: www.ilo.org/jakarta
Rezka Hantyanto, Project Officer: hantyanto@ilo.org
Fadhila Nadia, Communications Officer: fadhila@ilo.org