Global Slavery Index
Global Slavery Index / Spotlight

Charting progress against forced labour at sea

Hainan province, China, August 2020. Deep sea fishing boats return to harbour to escape Typhoon Higos. There are widespread reports of forced labour and debt bondage in the deep-sea fishing industry. Photo Credit: Luo Yunfei/China News Service. Getty Images.
Hainan province, China, August 2020. Deep sea fishing boats return to harbour to escape Typhoon Higos. There are widespread reports of forced labour and debt bondage in the deep-sea fishing industry. Photo Credit: Luo Yunfei/China News Service. Getty Images.

In 2015, exposés revealed the exploitation of thousands of fishers aboard Thai fishing vessels in Indonesian waters,1 which in some cases had been going on for years.2 While not the first reports of forced labour at sea, nor in Southeast Asian waters, they catalysed awareness of the pervasiveness of this form of modern slavery in the fishing industry. Since then, documentaries,3 research,4 and media reports5 have continued to highlight the plight of those forced to work at sea in many parts of the world. Increased focus on modern slavery at sea has galvanised political pressure to reform the regulatory environments which allow high-risk fleets to operate with near impunity.6 It has also spurred research into innovative methods to improve monitoring of labour practices at sea and intensified demand for seafood imports free of slavery in its supply chains.7 Yet progress on protecting fishers remains slow and the gains that were made initially have since been offset by the COVID-19 pandemic.8

Forced labour in fisheries is driven by the motivation to reduce costs amid diminishing profits, as the industry tries to meet global demand for seafood.9 The overfishing that results serves to push profits further out of reach of fishing operators and perpetuates a cycle that leaves fishers vulnerable to forced labour. Fishers can be lured into situations of modern slavery by seemingly legitimate employment opportunities, but once recruited find themselves unable to leave due to threats of violence, physical confinement on- and off-shore, withholding of wages, and debts incurred through the recruitment process.10 Confiscating passports and other identity documents is another means of keeping fishers from leaving situations of forced labour by preventing them from returning home or finding another job.11 More recently, COVID-19 restrictions have also provided a convenient excuse for controlling fishers’; movements.

Protection of fishers requires regulation by governments of flag states, which bear primary responsibility for the conditions in which fishers work and live aboard fishing vessels flying their flags.12 Other states that have responsibility are port states where fishing vessels refuel and offload their catch and which are authorised to inspect vessels entering their ports, coastal states which have jurisdiction over and licence fishing in their waters, labour source states where migrant fishers are recruited and transit through, and market states that import fisheries products.13

Persistent gaps in legal protection of fishers

While globally there has been progress to improve the legal frameworks that protect fishers, coverage is inadequate. Together, two international legal instruments provide a comprehensive framework for preventing forced labour in the fishing sector — the ILO Work in Fishing Convention, 2007 (No. 188) and the ILO Protocol of 2014 to the Forced Labour Convention, 1930.14 Only 21 countries have ratified Convention No. 188, which promotes decent working and living conditions for fishers.15 Of those, only six are among the top 25 countries responsible for producing the greatest marine capture and only two, Spain and Thailand, are among the seven countries deemed to have high-risk fisheries.16 In 2018 and 2019, the Thai government ratified Convention No. 188 and the Protocol 2014 of the Forced Labour Convention, 1930,17 becoming the first Asian government to do so.18 The 2014 Protocol, which requires measures to be taken to prevent forced labour and to identify, protect and provide remedy for victims has been more widely ratified, but still by fewer than half of the top 25 countries responsible for producing the greatest marine capture.19

Gaps in domestic labour laws reduce protections for fishers. Fifty-five percent of the 176 countries included in Walk Free’s assessment of government response do extend labour law protections to all workers regardless of sector or migration status. Most notably, labour laws in South Korea and Japan — countries with fisheries at high risk of forced labour20 — lack protection for all fishers. Specifically, in South Korea, labour laws do not extend to migrant fishers21 and, in Japan, labour laws do not extend to seafarers.22

Fishers also have limited recourse to freedom of association or collective bargaining rights. Forty-one per cent of the countries assessed do not provide these rights for all groups, while the majority of countries deny those rights to migrant workers, temporary workers, and, in some cases, maritime workers specifically. For example, in Thailand, where 90 per cent of the fishing workforce are migrants from Myanmar and Cambodia,23 migrant workers do not have legal rights to join or form their own unions, a legal gap that advocates assert has impeded progress on addressing labour exploitation among migrant fishers.24

Risks of debt bondage and confiscation of passports and other identity documents are inherent to the industry and are not adequately addressed in national laws.25 Just over one third of countries assessed mandate that recruitment fees cannot be charged to employees and less than a quarter register and monitor recruitment agencies. Further, only a quarter of countries prohibit the withholding of passports in either labour, criminal, or anti-trafficking laws. Even when laws do exist, enforcement in distant waters is a difficult task. Observers who are tasked with collecting information on fishing practices have minimal access to some fishing fleets.26 Without adequate monitoring, vessels using forced labour can operate with impunity.

Tackling the demand for seafood with opaque supply chains

Demand-side levers such as import bans have gained momentum in recent years as ways to pressure fishing nations to improve regulation of the fishing sector and to address human and labour rights abuses in the industry. The US and Canadian governments have attempted to prevent seafood produced with forced labour from reaching their markets through existing bans on the importation of goods likely mined, manufactured, or produced by forced labour.27 This passes responsibility to importers to ensure the goods they bring into the country are at low risk of being produced with forced labour or else risk financial loss as a result of the seizure of these goods.28 In the US, Withhold Release Orders (WROs) prohibit goods produced by forced labour being imported into the country under Section 307 of the Tariff Act of 1930.29 In 2021, WROs were used for the first time to ban the import of goods produced by an entire fishing fleet, the Chinese company Dalian Ocean Fishing Co, based on recurring reports of forced labour.30 As of September 2022, an additional four fishing vessels flagged to Fiji,31 Taiwan,32 and Vanuatu33 had active WROs against them.34 In 2020, Canada introduced measures to prevent the import of goods produced wholly or in part by forced labour under the Canada-United States-Mexico Agreement Implementation Act.35 Similar legislation has been proposed in Australia36 and the EU.37 While there is insufficient data to understand the long-term efficacy of import bans in stopping forced labour in supply chains, there is some evidence of short-term improvements in corporate behaviour.38

Recent measures aimed at tackling the demand for illegal fishing also have potential benefits for human rights at sea, since illegal, unregulated, and unreported (IUU) fishing is associated with forced labour at sea.39 For example, reforms by the Thai government introduced in 2018 and 2019 in response to the European Commission’s 2015 “yellow card,” a warning that without improved regulations to address IUU fishing, Thai seafood exports were at risk of European Union sanctions.40 Reforms included measures to increase transparency of vessel identity, ownership, and fishing behaviours, and the introduction of a system to authorise and inspect vessels entering and leaving Thai ports.41 These were among the changes that led to the removal of the yellow card against Thailand in January 2019.42 Reports indicated that some of the measures improved the working conditions of fishers;43 however, the Thai government subsequently faced criticism for poor implementation of these reforms.44 Also endeavouring to reduce IUU fishing, World Trade Organization members in 2022 finalised the Agreement on Fisheries Subsidies, which prohibits subsidies to a vessel or operator engaged in IUU fishing.45 The agreement will take effect and become binding once it is formally accepted by two-thirds of WTO members46 and complaints are subject to the WTO dispute settlement process.47

Governments have also sought to stop the introduction of goods produced by modern slavery from entering their jurisdictions through legislation that encourages the private sector to identify and reduce modern slavery risks in their supply chains and operations and provide remedy where modern slavery is detected. Since 2015, 10 governments have enacted modern slavery legislation48 and an additional seven governments as well as the European Union are considering such legislation.49

“We met the captain, the ship boss, and the foreman. The boss of the ship wanted to issue a ticket: ‘If you don’t sign it, then you will be homeless here. So, you’re trapped in Peru!’ Finally, there was no more choice, even though I was sick. Due to lack of clean water, my kidneys were sick … so okay, it’s okay … I finally signed. ‘If you don’t sign then you won’t be taken home,’ they said.” Indonesian migrant fisher on experiences of intimidation at sea, 202050

COVID-19 turning back the clock on transparency and protection at sea

Restrictions to curb the spread of COVID-19 reduced oversight of working conditions aboard fishing vessels and increased opportunities for fishers to be exploited. Pandemic travel restrictions interrupted the rotation of crew at the beginning and end of their contracts.51 As a result, some vessels were not allowed to dock, which in turn prevented fishers from leaving these vessels and returning home.52 The inability to change crews led to extended periods on board, sometimes beyond contract end dates, putting fishers at increased risk of forced labour.53 Towards the end of 2020, some 400,000 seafarers (those involved in fishing and shipping) were reportedly stranded at sea.54 Because of the pandemic,55 several regional fisheries management organisations halted the requirement for independent observers to be onboard vessels in their areas of competence.56 While the purpose was to overcome labour shortages and reduce personnel on vessels, it also obscured labour practices, limiting opportunities for exploited fishers to be identified and removed from such situations.57

While the pandemic saw an increased risk of exploitation, research points towards technological innovations to help address the lack of oversight. Improved vessel monitoring and open-source vessel tracking data can aid observers in maintaining oversight of fishing and labour practices at sea by identifying “risky” behaviour by vessels. Such information can inform enforcement activities and allow targeting of vessels with identified risky behaviour.58 Automatic Identification Systems (AIS) and Vessel Monitoring Systems (VMS) are two approaches that use satellite tracking to monitor fishing vessels and their activities while at sea.59 Despite their advantages, VMS and AIS are not used systematically, even by vessels equipped with remote monitoring capabilities.60 Remote electronic monitoring, such as through the use of onboard cameras, also has the potential to help address the impact of observer shortages as well as reduce the costs associated with monitoring fishing practices and improve observer safety.61

Recommendations for governments

All governments must improve the publication and sharing of information on vessels with a history of human rights abuses, including identifying information, vessel behaviours, and details of human rights abuses. This includes developing, supporting, and implementing remote electronic monitoring programs while ensuring crew privacy is protected.63

Given the different types of state jurisdiction under international maritime law, the governments of the following states should:

  1. Flag states: Ratify and domesticate the ILO Protocol of 2014 to the Forced Labour Convention, 1930 and the ILO Work in Fishing Convention, 2007 (No. 188), and ensure labour laws extend to migrant workers, temporary workers, and maritime workers. These laws must criminalise withholding of passports and other identity documents and guarantee workers full rights to freedom of association and collective bargaining regardless of nationality.
  2. Source states: Address the factors that make fishers vulnerable to modern slavery before they leave their country of origin. This includes registering and monitoring recruitment agencies and establishing and implementing laws to ensure workers do not pay fees or are not charged for services provided by recruitment agencies.
  3. Coastal states: Use their leverage to protect fishers in their waters by monitoring vessels operating under flags of convenience and refusing access to vessels where forced labour has occurred. Require remote electronic monitoring, such as AIS, to be consistently used to access fishing licences.
  4. Port states: Ratify and domesticate the ILO Work in Fishing Convention, 2007 (No. 188). Ensure that port authorities are adequately resourced and trained to conduct inspections of vessels to assess the working and living conditions of fishers and identify indicators of forced labour. This must include survivor support services and enforcement of relevant laws to ensure perpetrators of forced labour are held to account.
  5. Market states: Implement measures to address the demand for seafood caught with modern slavery. This includes strengthening existing modern slavery mandatory reporting laws or, preferably, introducing mandatory human rights due diligence legislation. These laws should require action to be taken by businesses to prevent, mitigate, or remediate modern slavery and have financial penalties, including civil liability for non-compliance. Additionally, governments should implement import bans of goods where there is a reasonable belief that these are made with forced labour.

Endnotes

1McDowell, R & Mason, M 2015, ‘Over 300 slaves rescued from Indonesia island after AP investigation into forced labor’, Associated Press, 4 April 2015. Available from: https://www.ap.org/explore/seafood-from-slaves/over-300-slaves-rescued-from-Indonesia-island-after-ap-investigation.html. [11 January 2022]; as above.
2Mason, M 2015, ‘Myanmar fisherman goes home after 22 years as a slave’, 1 July 2015. Available from: https://www.ap.org/explore/seafood-from-slaves/myanmar-fisherman-goes-home-after-22-years-as-a-slave.html.
3Korban, D 2021, ‘‘Seaspiracy’ leaps into Netflix top 10 as social media frenzy hits seafood industry’, Intrafish, 30 March 2021. Available from: https://www.intrafish.com/analysis/seaspiracy-leaps-into-netflix-top-10-as-social-media-frenzy-hits-seafood-industry/2-1-989318. [10 February 2022].
4Greenpeace & SBMI 2021, Forced labour at sea: the case of Indonesian migrant fishers, Greenpeace. Available from: https://www.greenpeace.org/southeastasia/publication/44492/forced-labour-at-sea-the-case-of-indonesian-migrant-fisher/. [11 January 2021]; International Labour Organization 2020, Endline research: findings on fishers and seafood workers in Thailand, ILO. Available from: https://www.ilo.org/asia/publications/WCMS_738042/lang–en/index.htm. [11 January 2022]; Greenpeace 2020, Choppy Waters: Forced Labour and Illegal Fishing in Taiwan’s Distant Water Fisheries, Greenpeace East Asia. Available from: https://www.greenpeace.org/southeastasia/publication/3690/choppy-waters-forced-labour-and-illegal-fishing-in-taiwans-distant-water-fisheries/. [12 January 2022]; Environmental Justice Foundation 2020, Fear, hunger and violence: Human rights in Ghana’s industrial trawl fleet, Environmental Justice Foundation. Available from: https://ejfoundation.org/resources/downloads/EJF_Ghana-human-rights-in-fisheries_2020_final.pdf. [5 July 2022].
5McVeigh, K & Firdaus, F 2020, ‘‘Hold on, brother’: the final days of the doomed crew on the Long Xing 629’, The Guardian, 7 July 2020. Available from: https://www.theguardian.com/environment/2020/jul/07/hold-on-brother-final-days-of-doomed-crew-on-chinese-shark-finning-boat. [18 January 2022]; The Phuket News 2018, ‘Phuket whale shark fishing boats probed for human trafficking’, The Phuket News, 6 September 2018. Available from: https://www.thephuketnews.com/phuket-whale-shark-fish-ing-boats-probed-for-human-trafficking-68539.php. [18 January 2022]; Environmental Justice Foundation 2020, ‘Abuse of migrant workers and illegal fishing on Korean vessels exporting to the EU’, Environmental Justice Foundation, 6 July 2020. Available from: https://ejfoundation.org/news-media/abuse-of-migrant-workers-and-illegal-fishing-on-korean-vessels-exporting-to-the-eu. [21 February 2022].
6Foundation, EJ 2019, Thailand’s road to reform: securing a sustainable, legal and ethical fishery, Environmental Justice Foundation, p.4. Available from: https://ejfoundation.org/reports/thailands-road-to-reform-securing-a-sustainable-legal-and-ethical-fishery. [11 January 2022]; United States Customs and Border Protection 2021, ‘CBP issues Withhold Release Order on Chinese fishing fleet’, 28 May 2021. Available from: https://www.cbp.gov/newsroom/national-media-release/cbp-issues-withhold-release-order-chinese-fishing-fleet. [22 February 2022]; Palmer, D 2021, ‘U.S. proposes to address high-seas slavery in global fish subsidy talks’, Politico, no. 26 May 2021. Available from: https://www.politico.com/news/2021/05/26/high-seas-slavery-fish-subsidy-490993. [21 February 2022]; International Institute for Sustainable Development 2021, ‘WTO Fisheries Subsidies Talks Consider Forced Labor, S&DT’, SDG Knowledge Hub, 21 June 2021. Available from: https://sdg.iisd.org/news/fisheries-subsidies-talks-consider-forced-labor-sdt/. [21 February 2022]; Vigdor, N 2021, ‘Citing Forced Labor, U.S. Blocks Fishing Boat From Fiji’, New York Times, 4 August, 2021. Available from: https://www.nytimes.com/2021/08/04/us/tuna-fish-imports-forced-labor.html. [21 February 2022].
7United States Customs and Border Protection 2022, Withhold Release Orders and Findings List, United States Department of Homeland Security. Available from: https://www.cbp.gov/trade/forced-labor/withhold-release-orders-and-findings. [24 January 2022].
8Carvalho, R 2020, ‘Slow boat to nowhere: coronavirus leaves exploited fishing crew members stuck on the high seas’, South China Morning Post, 18 October 2020. Available from: https://www.scmp.com/week-asia/people/article/3105900/slow-boat-nowhere-coronavirus-leaves-exploited-fishing-crew. [17 February 2022]; Marschke, M, Vandergeest, P, Havice, E, Kadfak, A, Duker, P, Isopescu, I & MacDonnell, M 2021, ‘COVID-19, instability and migrant fish workers in Asia’, Maritime Studies, vol. 20, no. 1, pp. 87-99. Available from: https://doi.org/10.1007/s40152-020-00205-y. DOI:10.1007/s40152-020-00205-y; Marine Stewardship Council 2020, ‘COVID-19: MSC sets out expectations on observer coverage’, Marine Stewardship Council, 22 April 2020. Available from: https://www.msc.org/media-centre/briefings-statements/covid-19-msc-sets-out-expectations-on-observer-coverage-during-derogation-period. [22 February 2022].
9Tickler, D, Meeuwig, JJ, Bryant, K, David, F, Forrest, JAH, Gordon, E, Joudo Larsen, J, Oh, B, Pauly, D, Sumaila, UR & Zeller, D 2018, ‘Modern slavery and the race to fish’, Nature Communications, vol. 9, no. 1, p. 4643. Available from: DOI:10.1038/s41467-018-07118-9. [11 January 2022].
10Issara Institute and International Justice Mission 2016, Not in the same boat: prevalence & patterns of labour abuse across Thailand’s diverse fishing industry. Issara Institute and International Justice Mission, p.6-13. Available from: https://docs.wixstatic.com/ugd/5bf36e_9ec3ea47011343158f7c76fc7f14591f.pdf. [14 February 2018], Centre, BHRR 2021, All at sea: An evaluation of company efforts to address modern slavery in Pacific supply chains of canned tuna, pp. 9-15. Available from: https://www.business-humanrights.org/en/from-us/briefings/all-at-sea-an-evaluation-of-company-efforts-to-address-modern-slavery-in-pacific-supply-chains-of-canned-tuna/. [28 June 2022].
11Environmental Justice Foundation 2020, ‘Abuse of migrant workers and illegal fishing on Korean vessels exporting to the EU’, Environmental Justice Foundation, 6 July 2020. Available from: https://ejfoundation.org/news-media/abuse-of-migrant-workers-and-illegal-fishing-on-korean-vessels-exporting-to-the-eu. [21 February 2022].
12Piñeiro, LC 2016, ‘Port State Jurisdiction over Labour Conditions: A Private International Law Perspective on Extra-territoriality’, The International Journal of Marine and Coastal Law, vol. 31, no. 3, pp. 531-551. Available from: https://brill.com/view/journals/estu/31/3/article-p531_7.xml. DOI:https://doi.org/10.1163/15718085-12341407.
13International Labour Organization 2016, Fishers first – Good practices to end labour exploitation at sea, International Labour Organization, p.8-9. Available from: https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—declaration/documents/publication/wcms_515365.pdf. [30 August 2022].
14As above.
15Normlex n.d., Ratifications of C188 – Work in Fishing Convention, 2007 (No. 188), International Labour Organization. Available from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:312333:NO. [13 May 2023]; The 21 countries that have ratified the ILO Work in Fishing Convention, 2007 (No. 188) are Angola, Antigua and Barbuda, Argentina, Bosnia and Herzegovina, Congo, Denmark, Estonia, France, Kenya, Lithuania, Morocco, Namibia, Netherlands, Norway, Poland, Portugal, Senegal, South Africa, Spain, Thailand, and United Kingdom.
16Normlex n.d., Ratifications of C188 – Work in Fishing Convention, 2007 (No. 188), International Labour Organization. Available from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:11300:P11300_INSTRUMENT_ID:312333:NO. [13 May 2023]; ILO Work in Fishing Convention, 2007 (No. 188) 2007, Entered into force 16 November 2017; FAO 2022, The State of World Fisheries and Aquaculture 2022. Towards Blue Transformation, FAO, p.14. Available from: https://doi.org/10.4060/cc0461en. [13 May 2023]; Tickler, D, Meeuwig, JJ, Bryant, K, David, F, Forrest, JAH, Gordon, E, Joudo Larsen, J, Oh, B, Pauly, D, Sumaila, UR & Zeller, D 2018, ‘Modern slavery and the race to fish’, Nature Communications, vol. 9, no. 1, p. 4643. Available from: DOI:10.1038/s41467-018-07118-9. [13 May 2023]; The six countries among the top 25 countries responsible for producing the greatest marine capture that have ratified the ILO Work in Fishing Convention, 2007 (No. 188) are Argentina, Denmark, Morocco, Norway, Spain, and Thailand.
17Ministry of Foreign Affairs, KoT 2018, ‘Thailand’s Ratification of Protocol of 2014 to the Forced Labour Convention 1930’, Ministry of Foreign Affairs, Kingdom of Thailand, 9 June 2018. Available from: https://www.mfa.go.th/en/content/5d5bd15615e39c3060024485?cate=5d5bcb4e15e39c306000683e. [21 February 2022].
18Permanent Mission of Thailand to the United Nations 2019, ‘Thailand first in Asia to ratify the ILO Work in Fishing Convention’, Permanent Mission of Thailand to the United Nations, 15 February 2019. Available from: https://permanentmission-geneva.thaiembassy.org/en/content/99812-thailand-first-in-asia-to-ratify-the-ilo-work-in-fishing-convention?cate=5d81d6a815e39c1a0c005773. [21 February 2022].
19International Labour Organization n.d., Ratifications of P029 – Protocol of 2014 to the Forced Labour Convention, 1930, International Labour Organization. Available from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:3174672. [2 June 2022]; The 12 countries among the top 25 countries responsible for producing the greatest marine capture that have ratified the Protocol of 2014 to the Forced Labour Convention, 1930 (P029) are Argentina, Bangladesh, Canada, Chile, Denmark, Iceland, Malaysia, Norway, Peru, Russian Federation, Spain, and Thailand.
20Tickler, D, Meeuwig, JJ, Bryant, K, David, F, Forrest, JAH, Gordon, E, Joudo Larsen, J, Oh, B, Pauly, D, Sumaila, UR & Zeller, D 2018, ‘Modern slavery and the race to fish’, Nature Communications, vol. 9, no. 1, p. 4643. Available from: DOI:10.1038/s41467-018-07118-9. [11 January 2022].
21Office to Monitor and Combat Trafficking in Persons 2021, Trafficking in Persons Report: Republic of Korea Country Narrative, United States Department of State, pp. 333-338. Available from: https://www.state.gov/reports/2021-trafficking-in-persons-report/south-korea/. [12 July 2022].
22International Labour Organization n.d., National Labour Law Profile: Japan. Available from: https://www.ilo.org/ifpdial/information-resources/national-labour-law-profiles/WCMS_158904/lang–en/index.htm. [12 July 2022];
23Department of Fisheries 2018, as cited in: International Labour Organization 2019, Less is more: How policy and technology can impact the Thai labour market for work in fishing, p. 3. Available from: https://www.ilo.org/asia/publications/WCMS_733899/lang–en/index.htm. [5 April 2022].
24The International Labor Rights Forum 2020, Time for a Sea Change. Why union rights for migrant workers are needed to prevent forced labor in the Thai seafood industry, ILRF, p.19. Available from: https://laborrights.org/sites/default/files/publications/ILRF_TimeforaSeaChange.pdf. [20 January 2022]; International Labour Organization 2020, Endline research: findings on fishers and seafood workers in Thailand, ILO, p.x. Available from: https://www.ilo.org/asia/publications/WCMS_738042/lang–en/index.htm. [11 January 2022].
25International Labour Organization 2022, Forced labour and human trafficking in fisheries. Available from: https://www.ilo.org/global/topics/forced-labour/policy-areas/fisheries/lang–en/index.htm. [21 February 2022].
26Michelin, M, Sarto, NM & Gillett, R 2020, Roadmap for Electric Monitoring in RFMOs, CEA Consulting, p.3. Available from: https://www.ceaconsulting.com/wp-content/uploads/CEA.Roadmap-EM-Report-4.23.20.pdf. [11 February 2022].
27Canada Border Services Agency 2021, Goods manufactured or produced by prison or forced labour. Memorandum D9-1-6. Available from: https://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-6-eng.html. [21 January 2022]; United States Customs and Border Protection 2022, Forced Labor, United States Department of Homeland Security. Available from: https://www.cbp.gov/trade/forced-labor. [7 July 2022].
28Syam, A & Roggensack, M 2020, Importing Freedom: Using the U.S. Tariff Act to Combat Forced Labor in Supply Chains, The Human Trafficking Legal Center. Available from: https://htlegalcenter.org/wp-content/uploads/Importing-Freedom-Using-the-U.S.-Tariff-Act-to-Combat-Forced-Labor-in-Supply-Chains_FINAL.pdf. [12 January 2022].
29As above.
30United States Customs and Border Protection 2022, Withhold Release Orders and Findings List, United States Department of Homeland Security. Available from: https://www.cbp.gov/trade/forced-labor/withhold-release-orders-and-findings. [24 January 2022]; Lawder, D 2021, ‘U.S. bans imports from Chinese fishing fleet over forced labor allegations’, Reuters, 31 May 2021. Available from: https://www.reuters.com/world/asia-pacific/us-bans-imports-chinese-fishing-fleet-over-forced-labor-allegations-2021-05-28/. [11 January 2022].
31United States Customs and Border Protection 2021, ‘CBP issues Withhold Release Order on Seafood Harvested with Forced Labor by the Hangton No. 112’, United States Customs and Border Protection, 8 April 2021. Available from: https://www.cbp.gov/newsroom/national-media-release/cbp-issues-withhold-release-order-seafood-harvested-forced-labor-0. [6 April 2023].
32United States Customs and Border Protection 2020, ‘CBP Issues Withhold Release Order on Seafood Harvested with Forced Labor by Lien Yi Hsing No. 12’, United States Customs and Border Protection, 31 December 2020. Available from: https://www.cbp.gov/newsroom/national-media-release/cbp-issues-withhold-release-order-seafood-harvested-forced-labor#:~:text=WASHINGTON%20%E2%80%94%20Effective%20December%2031%2C%202020,owned%20distant%20water%20fishing%20vessel. [19 September 2022]; United States Customs and Border Protection 2020, ‘CBP Issues Detention Order on Seafood Harvested with Forced Labor’, United States Customs and Border Protection, 5 November 2020. Available from: https://www.cbp.gov/newsroom/national-media-release/cbp-issues-detention-order-seafood-harvested-forced-labor. [19 September 2022].
33United States Customs and Border Protection 2020, ‘CBP Issues Detention Order on Seafood Harvested with Forced Labor’, United States Customs and Border Protection, 18 August 2022. Available from: https://www.cbp.gov/newsroom/national-media-release/cbp-issues-detention-order-seafood-harvested-forced-labor-0. [19 September 2022].
34United States Customs and Border Protection 2022, Withhold Release Orders and Findings List, United States Department of Homeland Security. Available from: https://www.cbp.gov/trade/forced-labor/withhold-release-orders-and-findings. [24 January 2022]; United States Department of Homeland Security 2022, ‘DHS Takes Action to Combat Forced Labor and Hold Companies Accountable for Exploiting Workers’, United States Department of Homeland Security, 28 January 2022. Available from: https://www.dhs.gov/news/2022/01/28/dhs-takes-action-combat-forced-labor-and-hold-companies-accountable-exploiting. [19 September 2022].
35Canada Border Services Agency 2021, Goods manufactured or produced by prison or forced labour. Memorandum D9-1-6. Available from: https://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-6-eng.html. [21 January 2022].
36Human Rights Law Centre 2021, ‘Senate votes to ban forced labour imports in vital step to combat modern slavery’, Human Rights Law Centre, 23 August 2021. Available from: https://www.hrlc.org.au/news/2021/8/23/senate-votes-to-ban-forced-labour-imports-in-vital-step-to-combat-modern-slavery. [21 February 2022]; Australian Labor Party n.d., Tackling Modern Slavery. Available from: https://www.alp.org.au/policies/tackling-modern-slavery. [30 August 2022].
37Reuters 2021, ‘EU to propose ban on products made by forced labour – von der Leyen’, Reuters, 15 September 2021. Available from: https://www.reuters.com/article/eu-commission-labour-idAFS8N2O6018. [24 January 2022]; European Parliament 2022, ‘Ban on products made with forced labour: Parliament presents its recommendations’, European Parliament News,, 9 June 2022. Available from: https://www.europarl.europa.eu/news/en/press-room/20220603IPR32222/ban-on-products-made-with-forced-labour-ep-presents-its-recommendations. [7 July 2022].
38Corporate Accountability Lab 2020, Using the master’s tools to dismantle the master’s house: 307 petitions as a human rights tool. Available from: https://corpaccountabilitylab.org/calblog/2020/8/28/using-the-masters-tools-to-dismantle-the-masters-house-307-petitions-as-a-human-rights-tool. [24 January 2022]; Pietropaoli, I, Johnstone, O & Alex, B 2021, Policy brief: Effectiveness of forced labour import bans 2021-3, Modern Slavery and Human Rights Policy and Evidence Centre. Available from: https://modernslaverypec.org/resources/forced-labour-import-bans. [24 January 2022].
39Mackay, M, Hardesty, BD & Wilcox, C 2020, ‘The Intersection Between Illegal Fishing, Crimes at Sea, and Social Well-Being’, Frontiers in Marine Science, vol. 7. p.5. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2020.589000. DOI:10.3389/fmars.2020.589000.
40Human Rights Watch 2018, Hidden Chains: Rights Abuses and Forced Labor in Thailand’s Fishing Industry Human Rights Watch. Available from: https://www.hrw.org/report/2018/01/23/hidden-chains/rights-abuses-and-forced-labor-thailands-fishing-industry. [17 February 2022].
41European Commission 2015, ‘EU acts on illegal fishing: Yellow card issued to Thailand while South Korea & Philippines are cleared’, European Commission, 21 April 2015. Available from: https://ec.europa.eu/commission/presscorner/detail/en/IP_15_4806. [21 February 2022]; Environmental Justice Foundation 2019, Thailand’s road to reform: Securing a sustainable, legal and ethical fishery, EJF, p.21-22. Available from: https://ejfoundation.org/resources/downloads/ThailandRoadToReform.pdf. [21 February 2022].
42Environmental Justice Foundation 2019, Thailand’s road to reform: Securing a sustainable, legal and ethical fishery, EJF. Available from: https://ejfoundation.org/resources/downloads/ThailandRoadToReform.pdf. [21 February 2022].
43Human Rights Watch 2018, Thailand: Forced Labor, Trafficking Persist in Fishing Fleets, Human Rights Watch. Available from: https://www.hrw.org/news/2018/01/23/thailand-forced-labor-trafficking-persist-fishing-fleets. [21 February 2022].
44Environmental Justice Foundation 2021, ‘Thailand downgraded in US human trafficking ranking: the right decision, says EJF’, Environmental Justice Foundation, 5 July 2021. Available from: https://ejfoundation.org/news-media/thailand-downgraded-in-us-human-trafficking-ranking-the-right-decision-says-ejf. [21 February 2022]; International Labour Organization 2019, ‘Combatting Forced Labour in the Thai Fishing and Seafood Industry’, International Labour Organization, 8 October 2019. Available from: https://www.ilo.org/asia/media-centre/multimedia/WCMS_723269/lang–en/index.htm. [21 February 2022]; Human Rights Watch 2018, Hidden Chains: Rights Abuses and Forced Labor in Thailand’s Fishing Industry Human Rights Watch. Available from: https://www.hrw.org/report/2018/01/23/hidden-chains/rights-abuses-and-forced-labor-thailands-fishing-industry. [17 February 2022].
45World Trade Organization 2022, Implementing the WTO agreement on fisheries subsidies, World Trade Organization, p.7. Available from: https://www.wto.org/english/res_e/booksp_e/implementfishagreement22_e.pdf. [4 October 2022].
46As above.
47As above.
48Norway, the Netherlands, France, Italy, and Germany have enacted human rights due diligence legislation, while Australia, Germany, India, the United Kingdom, and the United States have enacted supply chain transparency legislation; Foss, D 2021, ‘ForUMs reactions to the Norwegian due diligence law’, Norwegian Forum for Development and Environment, 14 June 2021. Available from: https://forumfor.no/en/news/2021/forums-reactions-to-the-norwegian-due-diligence-law. [4 October 2022]; La Strada International 2021, ‘Law on mandatory human rights and environmental due diligence ‘, La Strada, 7 December 2021. Available from: https://www.lastradainternational.org/news/dutch-government-announces-mandatory-human-rights-and-environmental-due-diligence-legislation/#:~:text=In%202019%2C%20the%20Netherlands%20introduced,in%20their%20activities%20and%20supply. [20 September 2022]; Business & Human Rights Resource Centre 2018, France’s Law on the Corporate Duty of Vigilance: A Practical and Multidimensional Analysis in English, Business & Human Rights Resource Centre. Available from: https://www.business-humanrights.org/en/latest-news/frances-law-on-the-corporate-duty-of-vigilance-a-practical-and-multidimensional-analysis-in-english/; Gallo Perozzi, F, Longo, F & Taffari, G 2022, In brief: human rights compliance for businesses in Italy, Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=ef467546-fb57-478a-8f50-c6c3f5c24f7b.; CSR 2023, Supply Chain Act: Act on Corporate Due Diligence Obligations in Supply Chains, CSR. Available from: https://www.csr-in-deutschland.de/EN/Business-Human-Rights/Supply-Chain-Act/supply-chain-act.html.; Modern Slavery Act 2018, 2018 (Australia Cmlth); Global Compact Network Germany & econsense – Forum for Sustainable Development of German Business 2018, Study on Implementation of the CSR Directive Implementation Act, p. 5. Available from: https://www.globalcompact.de/migrated_files/wAssets/docs/Reporting/NFE_Studie_Online_englisch_181015.pdf. [23 August 2022]; Indo-German Chamber of Commerce 2020, India Published New Framework on Business Responsibility Reporting, Indo-German Chamber of Commerce. Available from: https://indien.ahk.de/news/news-details/default-7a5a5bbe8e.; Government of the United Kingdom 2015, The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015, The National Archives. Available from: http://www.legislation.gov.uk/uksi/2015/1472/pdfs/uksi_20151472_en.pdf.; United States 2022, S. 3578 Slave-Free Business Certification Act.
49Austria, Belgium, the European Union, Finland, Mexico and Spain are considering human rights due diligence legislation, while Austria, and Canada are considering supply chain transparency legislation, and New Zealand is considering legislation that combines supply chains transparency and mandatory human rights due diligence; European Union 2020, Proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020, Eur-Lex. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020PC0798. [20 September 2022]; Garrigues 2022, ‘Future law for due diligence on the environment and human rights takes first steps’, Garrigues, 21 February 2022. Available from: https://www.garrigues.com/en_GB/new/future-law-due-diligence-environment-and-human-rights-takes-first-steps. [20 September 2022]; Andras, J & Mayr, P 2021, Supply chain legislaton on the way in Austria, Lansky, Ganzger, Goeth, Frankl & partner. Available from: https://www.lansky.at/en/newsroom-en/news-media/info-magazine-lgp-news-022021/supply-chain-legislation-is-on-the-way-in-austria/. [20 September 2022]; Business & Human Rights Resource Centre 2018, ‘Austrian MPs table draft bill on social responsibility in the garment sector’, Business & Human Rights Resource Centre, 16 July 2018. Available from: https://www.business-humanrights.org/en/latest-news/austrian-movement-for-mandatory-human-rights-due-diligence/; ECIJA 2021, ‘Mexico: Corporate ‘Due Diligence’ in the field of Human Rights: the new challenge for companies’, ECIJA, 25 March 2021. Available from: https://ecija.com/en/sala-de-prensa/mexico-corporate-due-diligence-in-the-field-of-human-rights-the-new-challenge-for-companies/. [20 September 2022]; Finland Ministry of Economic Affairs and Employment 2020, ‘Ministry of Economic Affairs and Employment to appoint a working group to support the drafting of legislation on responsible business conduct’, Finland Ministry of Economic Affairs and Employment, 10 December 2020. Available from: https://valtioneuvosto.fi/en/-/1410877/ministry-of-economic-affairs-and-employment-to-appoint-a-working-group-to-support-the-drafting-of-legislation-on-responsible-business-conduct. [20 September 2022]; Leroy, C 2021, ‘Focus falls on corporate vigilance and accountability in Belgium’, Allen & Overy, 4 May 2021. Available from: https://www.allenovery.com/en-gb/global/news-and-insights/publications/focus-falls-on-corporate-vigilance-and-accountability-in-belgium. [20 September 2022]; Ministry of Business Innovation & Employment 2022, Discussion Document: A legislative response to modern slavery and worker exploitation – Towards freedom, fairness and dignity in operations and supply chains, New Zealand Government. Available from: https://www.mbie.govt.nz/dmsdocument/19734-discussion-document-a-legislative-response-to-modern-slavery-and-worker-exploitation. [31 May 2022]; Parliament of Canada 2020, BILL S-216 An Act to enact the Modern Slavery Act and to amend the Customs Tariff, Parliament of Canada. Available from: https://www.parl.ca/DocumentViewer/en/43-2/bill/S-216/first-reading. [20 September 2022].
50Greenpeace and Serikat Buruh Migran Indonesia (SBMI), Forced labour at sea: The case of Indonesian migrant fishers, Greenpeace, p.26, Available from: https://www.greenpeace.org/static/planet4-southeastasia-stateless/2021/05/ef65bfe1-greenpeace-2021-forced-labour-at-sea-digital_final.pdf. [29 April 2023].
51Human Rights at Sea 2021, Stamping on seafarer’s rights during the COVID-19 pandemic, Human Rights at Sea, p.6. Available from: https://www.humanrightsatsea.org/sites/default/files/media-files/2022-11/HRAS_Stamping-on-Seafarers-Rights_REPORT_10DEC21_SP_0.pdf. [11 January 2022]; Andras, J & Mayr, P 2021, Supply chain legislaton on the way in Austria, Lansky, Ganzger, Goeth, Frankl & partner. Available from: https://www.lansky.at/en/newsroom-en/news-media/info-magazine-lgp-news-022021/supply-chain-legislation-is-on-the-way-in-austria/. [20 September 2022]; Leroy, C 2021, ‘Focus falls on corporate vigilance and accountability in Belgium’, Allen & Overy, 4 May 2021. Available from: https://www.allenovery.com/en-gb/global/news-and-insights/publications/focus-falls-on-corporate-vigilance-and-accountability-in-belgium. [20 September 2022]; Finland Ministry of Economic Affairs and Employment 2020, ‘Ministry of Economic Affairs and Employment to appoint a working group to support the drafting of legislation on responsible business conduct’, Finland Ministry of Economic Affairs and Employment, 10 December 2020. Available from: https://valtioneuvosto.fi/en/-/1410877/ministry-of-economic-affairs-and-employment-to-appoint-a-working-group-to-support-the-drafting-of-legislation-on-responsible-business-conduct. [20 September 2022]; Ministry of Business Innovation & Employment 2022, Discussion Document: A legislative response to modern slavery and worker exploitation – Towards freedom, fairness and dignity in operations and supply chains, New Zealand Government. Available from: https://www.mbie.govt.nz/dmsdocument/19734-discussion-document-a-legislative-response-to-modern-slavery-and-worker-exploitation. [31 May 2022]; Business & Human Rights Resource Centre 2018, ‘Austrian MPs table draft bill on social responsibility in the garment sector’, Business & Human Rights Resource Centre, 16 July 2018. Available from: https://www.business-humanrights.org/en/latest-news/austrian-movement-for-mandatory-human-rights-due-diligence/; Parliament of Canada 2020, BILL S-216 An Act to enact the Modern Slavery Act and to amend the Customs Tariff, Parliament of Canada. Available from: https://www.parl.ca/DocumentViewer/en/43-2/bill/S-216/first-reading. [20 September 2022].
52International Labour Organization 2021, Information note on maritime labour issues and coronavirus (COVID-19). Revised version 3.0, ILO. Available from: https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—normes/documents/genericdocument/wcms_741024.pdf. [21 January 2022].
53As above.
54International Maritime Organization 2020, ‘400,000 seafarers stuck at sea as crew change crisis deepens’, International Maritime Organization, 25 September 2020. Available from: https://www.imo.org/en/MediaCentre/PressBriefings/Pages/32-crew-change-UNGA.aspx. [11 January 2022].
55Gibbon, J & Wozniak, E 2020, ‘International Fisheries Managers’ Pandemic Response Highlights Need to Expand Electronic Monitoring’, Pew, 1 May 2020. Available from: https://www.pewtrusts.org/en/research-and-analysis/articles/2020/05/01/international-fisheries-managers-pandemic-response-highlights-need-to-expand-electronic-monitoring. [20 January 2022].
56An area of competence is the geographic area that regional fisheries bodies manage and regulate.
57Chase, C 2020, ‘NOAA waives some observer requirements as COVID-19 concerns mount’, Seafood Source, 23 March 2020. Available from: https://www.seafoodsource.com/news/supply-trade/noaa-waives-some-observer-requirements-as-covid-19-concerns-mount. [20 January 2022].
58van Helmond, ATM, Mortensen, LO, Plet-Hansen, KS, Ulrich, C, Needle, CL, Oesterwind, D, Kindt-Larsen, L, Catchpole, T, Mangi, S, Zimmermann, C, Olesen, HJ, Bailey, N, Bergsson, H, Dalskov, J, Elson, J, Hosken, M, Peterson, L, McElderry, H, Ruiz, J, Pierre, JP, Dykstra, C & Poos, JJ 2020, ‘Electronic monitoring in fisheries: Lessons from global experiences and future opportunities’, Fish and Fisheries, vol. 21, no. 1, pp. 162-189. Available from: https://onlinelibrary.wiley.com/doi/abs/10.1111/faf.12425. DOI:https://doi.org/10.1111/faf.12425. [6 February 2023]; Gibbon, J & Wozniak, E 2020, ‘International Fisheries Managers’ Pandemic Response Highlights Need to Expand Electronic Monitoring’, Pew, 1 May 2020. Available from: https://www.pewtrusts.org/en/research-and-analysis/articles/2020/05/01/international-fisheries-managers-pandemic-response-highlights-need-to-expand-electronic-monitoring. [20 January 2022].
59Global Fishing Watch n.d., Understanding fishing activity using AIS and VMS data, Global Fishing Watch. Available from: https://globalfishingwatch.org/wp-content/uploads/Understanding-Fishing-Activity.pdf. [21 February 2022].
60van Helmond, ATM, Mortensen, LO, Plet-Hansen, KS, Ulrich, C, Needle, CL, Oesterwind, D, Kindt-Larsen, L, Catchpole, T, Mangi, S, Zimmermann, C, Olesen, HJ, Bailey, N, Bergsson, H, Dalskov, J, Elson, J, Hosken, M, Peterson, L, McElderry, H, Ruiz, J, Pierre, JP, Dykstra, C & Poos, JJ 2020, ‘Electronic monitoring in fisheries: Lessons from global experiences and future opportunities’, Fish and Fisheries, vol. 21, no. 1, pp. 162-189. Available from: https://onlinelibrary.wiley.com/doi/abs/10.1111/faf.12425. DOI:https://doi.org/10.1111/faf.12425. [6 February 2023]; Gibbon, J & Wozniak, E 2020, ‘International Fisheries Managers’ Pandemic Response Highlights Need to Expand Electronic Monitoring’, Pew, 1 May 2020. Available from: https://www.pewtrusts.org/en/research-and-analysis/articles/2020/05/01/international-fisheries-managers-pandemic-response-highlights-need-to-expand-electronic-monitoring. [20 January 2022].
61Bartholomew, DC, Mangel, JC, Alfaro-Shigueto, J, Pingo, S, Jimenez, A & Godley, BJ 2018, ‘Remote electronic monitoring as a potential alternative to on-board observers in small-scale fisheries’, Biological Conservation, vol. 219, pp. 35-45. Available from: https://www.sciencedirect.com/science/article/pii/S0006320717307899. DOI:https://doi.org/10.1016/j.biocon.2018.01.003. [6 February 2023].
62McDonald, GG, Costello, C, Bone, J, Cabral, RB, Farabee, V, Hochberg, T, Kroodsma, D, Mangin, T, Meng, KC & Zahn, O 2021, ‘Satellites can reveal global extent of forced labor in the world’s fishing fleet’, Proceedings of the National Academy of Sciences, vol. 118, no. 3, p. e2016238117. Available from: http://www.pnas.org/content/118/3/e2016238117.abstract. DOI:10.1073/pnas.2016238117. [6 February 2023].
63Gibbon, J & Wozniak, E 2020, ‘International Fisheries Managers’ Pandemic Response Highlights Need to Expand Electronic Monitoring’, Pew, 1 May 2020. Available from: https://www.pewtrusts.org/en/research-and-analysis/articles/2020/05/01/international-fisheries-managers-pandemic-response-highlights-need-to-expand-electronic-monitoring. [20 January 2022].
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