Over the years, I've been harsh, but I like to think fairly about Korea. They are a big DWFN that tends to fly under the radar regarding IUU and labour standards. In some risk analysis work I did, evaluating serious non-compliances over the number of vessels in the fleet, they are ahead of CN and TW. My involvement with the Sun Flower 7, Oryong 721, and other lesser-known ones are proof of that.
Yet on the other hand, they put money into worthwhile initiatives. For example, they are a major donor to the FAO PSMA initiatives and training efforts I have been part of, and they bankroll the CAPFiSH program that WMU has in place, which I lecture on.
Their record regarding the treatment of migrant crew in their DWF fleet is quite patchy. They were the reason why NZ, for example, only allows NZ-flagged vessels to fish in NZ waters.
Interestingly, in the weeks since I wrote this blog, which was initiated by a Korean LL who came to Majuro after 361 days at sea, we had the other 7 in the space of 2 weeks… which is very unusual. So, I assumed there was more to it than coincidence.
Thankfully, I knew who to ask in Korea... And yes! there is a “plan”… the "Plan for Further Enhancement for Working Conditions of Migrant Fishers on Distant Water Fishing Vessels."
The Ministry of Oceans and Fisheries (MOF) of Korea, in collaboration with NGOs such as the Advocates for Public Interest Law (APIL) and the Environmental Justice Foundation (EJF) and the distant water fishing industry, has announced the establishment of this initiative that aims to address human rights violations and improve labour conditions for migrant fishers working in the challenging environment of distant water fishing.
tell me about your plan
The key blurb from the plan is below… If it is to happen and to what extent, it remains to be seen. Yet Korea is putting some cards on the table, and the vessels are coming to shore, something they have not done in the past. So yeah, good on them for starting this, but one year on board is a long time…. The next step should be six months.
Background and Need for the Plan
Distant water fishing involves long-term operations at sea, making it challenging to conduct on-site inspections and address human rights violations promptly. Despite previous efforts in December 2020 to improve labour rights, including applying minimum wage standards and prohibiting recruitment fees, civil society organisations have highlighted ongoing human rights concerns. In response, the MOF, NGOs, and industry stakeholders have jointly developed this comprehensive plan to enhance working conditions further and protect migrant fishers.
Key Measures in the Plan
The Plan focuses on preventing human rights violations, imposing substantial sanctions on violators, and strengthening victim protection. It includes the following measures:
1. Improving Working Conditions
Wages: To upgrade the wage scheme for migrant fishers, a comparative study on wage standards and payment systems between Korea and other leading countries will be conducted. This includes recognising career history, providing bonuses, and prohibiting illegal deductions or withholding of wages due to recruitment fees.
Voyage Length: Tuna longliners will be required to make port calls within one year of their initial departure to alleviate the distress of prolonged sea stays. Starting in 2025, violators will face reduced catch quotas.
Rest Periods: Employment contracts will specify provisions for extra rest hours in return for excessive work. Fishers will be entitled to a minimum of 10 rest hours per day, including six consecutive hours.
Equal Treatment: Migrant and Korean fishers will receive equal entitlements, such as food costs and access to drinking mineral water.
C188 Work in Fishing Convention: The phased application of the International Labour Organisation's Work in Fishing Convention 2007 will be considered in consultation with stakeholders.
2. Preventing Forced Labour
Passport Safekeeping: To prevent passports from being confiscated, personal lockers with individually allocated areas will be installed in public spaces like dining rooms or lounges. Fishers will retain their locker keys.
Recruitment Process: Illegal charging of recruitment fees and guarantee deposits has been prohibited. Foreign agencies violating these rules will face contract termination and blacklisting, with notifications sent to their governments. Noncompliance will result in unfavourable dispositions for Korean agencies and reduced catch quotas for fishing companies.
3. Victim-Centred Monitoring
Online Platform: An anonymous bulletin board will allow fishers to report grievances and seek consultation.
Social Media Monitoring: To monitor working conditions, random inspections will be conducted using social media platforms. Suspicious cases will undergo detailed examination.
Strengthening Investigations: Vessels with repeated human rights violations will be blacklisted, triggering random inspections by the MOF and NGOs.
Internet Accessibility: Fishers will be guaranteed designated timeslots for internet use, with vessels progressively upgraded to the latest network systems.
4. Strengthening Penalties and Implementation Monitoring
Sanctions: Violators of the Plan and the Seafarers' Act will face increased penalties. Companies with repeated violations will be subject to reduced catch quotas.
Partnership with Civil Society: Regular meetings with NGOs and civil society will be held to review the implementation of the Plan. An "Implementation Monitoring Council" will operate quarterly to ensure on-the-ground progress.
Conclusion
The "Plan" represents a significant step forward in addressing human rights concerns in the fishing industry. By implementing measures to improve wages, rest periods, equal treatment, and monitoring systems, the Plan aims to create a safer and more equitable working environment for migrant fishers. Collaboration between the government, NGOs, and industry stakeholders will ensure the Plan's success and foster continued progress in human rights protection.