I wrote in the past about Vanuatuan flagged vessels on a US custom detention order for forced labour, this time is Fijian flagged one.
This is quite unfortunate (particularly taking into consideration the COVID crisis there), and a reminder of how much work is ahead of us to make good of the great step that was the inclusion of decent labor conditions under the FFA’s Harmonised Terms and Conditions of Licensing (HMTCs)
The use of trade-restrictive measures (TREMs), as “trade sanctions“ enacted by a market-state have aimed to the IUU side of fisheries, either by closing the market to a country (as in the case of the EU with the red cards) or to an individual vessel on IUU blacklist, the USA is increasingly using them for labour issues.
While these “name and shame” trade measures do hurt, as they bring shame to a country and are normally based on a few bad operators, at the expense of the excellent ones (like Solender and Sequest whom I worked with and are already hurting from the COVID crisis) and have a very progressive and efficient fisheries administration whom I’m proud of having worked with for many years.
Yet the truth is that they are Fiji flagged, so hopefully, this type of announcement can catalyze much-needed strengthening.
While the vessel at the center of this announcement is Chinese-owned and operated, the factual reality is that what happens on those vessels competes to the flag state authority… the present capacities of Fiji or their development status, can’t be an excuse when it comes to flag state responsibility.
There are reports that the company who at this point are denying the allegations and want to respond to US BPC… yet the bad publicity via the news this is bringing even if the company is “innocent” is quite bad.
Effective August 4, 2021, U.S. Customs and Border Protection personnel at all U.S. ports of entry will detain tuna and other seafood harvested by the Hangton No 112, a Fijian flagged and owned longliner operated by a Chinese national. The order came after the agency determined there was credible evidence that the vessel’s crew was operating under forced labor conditions
While the vessels of this company are China-owned and operated, the factual reality is that what happens on those vessels competes to the flag state authority… the capacities of Fiji or their development status, are no excuse when it comes to flag state responsibility.
As I was told in the navy and the fishing boats many times… if you cannot live up to a responsibility don’t take it!
Unfortunately, vessels still are in the FFA list of good standing, even if their listing by the US put serious doubts on the adherence of these vessels to the HMTCs, this event so new, I guess that listing is to be changed at the request of the flag state.
CBP issued a Withhold Release Order against the longliner fishing vessel based on information that reasonably indicates the use of forced labor in the vessel’s fishing operations. CBP identified at least three of the International Labour Organization’s 11 indicators of forced labor during its investigation: withholding of wages, debt bondage, and retention of identity documents.
“Foreign fishing vessels like the Hangton No. 112 continue to lure vulnerable migrant workers into forced labor situations so that they can sell seafood below market value, which threatens the livelihoods of American fishermen,” said CBP Acting Commissioner Troy Miller. “CBP will continue to stand up against these vessels’ abusive labor practices by preventing the introduction of their unethically-harvested seafood into the U.S. market.”
The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide. The distant water fishing industry is at high risk of forced labor as foreign companies often coerce vulnerable migrant workers to perform hazardous labor for little or no pay aboard fishing vessels that may spend months at sea without making port calls.
19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.
CBP has issued Withhold Release Orders on other fishing vessels, including the Lien Yi Hsing No. 12, the Da Wang, and the Yu Long No. 2. In May 2021, CBP issued a Withhold Release Order on seafood caught by a fishing fleet owned by the Dalian Ocean Fishing Co. Ltd. All Withhold Release Orders are publicly available and listed by the country on CBP.gov.