ELIMINATING HUMAN RIGHTS ABUSES IN THE FISHERY INDUSTRY

Transcription

1 Presidential Task Force to Combat Illegal Fishing (Task Force 115) INDONESIA S APPROACH IN COMBATING FISHERIES RELATED CRIMES ELIMINATING HUMAN RIGHTS ABUSES IN THE FISHERY INDUSTRY Januar Dwi Putra Lima, Peru August 18, 2016

2 NATIONAL COMMITMENT COMBATTING FISHERIES CRIME & HUMAN RIGHTS ABUSES "We have to strive to restore Indonesia as a maritime country. The oceans, the seas, the straits and the bays are our future. We have been turning our backs on them for far too long. Now is the time to restore all until we achieve Jalesveva Jayamahe; in our seas we are triumphant." Joko Widodo, President of the Republic of Indonesia 20 October 2014 IUU Fishing is a serious crime. It does not only violate fisheries law but also involves other crimes such as illicit drugs trafficking, human trafficking, forced labor and other human rights related crimes. As an immediate action, I will issue a regulation to protect the workers. The regulation will be issued on the Human Rights Day on 10 th of December 2015" Susi Pudjiastuti, Minister of Marine Affairs and Fisheries 15 October 2015

3 Moratorium for Ex- Foreign Fishing Vessel (1 year) Ministerial Regulation 56/2014 ACTIONS TO PREVENT AND COMBAT FISHERIES CRIME Ban on Using Unsustainable Fishing Gears Ministerial Regulation 02/2015 Ban on Transhipment Ministerial Regulation 57/2014 Demolition of illegal fishing vessels 176 vessels 92% foreign flags Compliance Audit of 1,132 ex-foreign fishing vessels Roadmap to Improve Governance of Fishery Business (8 programs) Ratifying the Port State Measures Agreement (PSMA) 2016 Prohibition of ex foreign vessels, foreign vessels and foreign investment in capturefishery sector Strengthening Law Enforcement: - Enhance the coordination with Navy, Marine Police, Coast Guard, Tax Administration Office, and Financial Intelligence Unit - Application of corporate criminal liability and multi-legal regime approach Establishment of Task Force - Imposing administrative sanctions (based on the findings of the audit compliance) to Prevent and Combat IUU - Establishment of the New Presidential Task Force to combat fisheries crime Fishing (one roof enforcement system) GOOD GOVERNANCE Maritime Power Sovereignty, Sustainability and Prosperity

4 ADMINISTRATIVE SANCTIONS BASED ON ANALYSIS & EVALUATION RESULT ANALYSIS AND EVALUATION RESULT Severe Violation : 769 vessels Average Violation : 363 vessels 1,132 vessels + ADMINISTRATIVE SANCTIONS REVOCATION BUSINESS LICENSE: 15 FISHING LICENSE: 245 REEFER LICENSE: 31 SUSPENSION FISHING LICENSE: 35 REEFER LICENSE : 26 WRITTEN NOTIFICATION FISHING LICENSE: 47 REEFER LICENSE: 48

5 TYPES OF VIOLATIONS OF FISHERIES CRIME 1. Forgery of vessel s document 14. Unlawful landing of catches 13. Non-compliance in owning/partnering with a fish processing unit 2. Double flagging & double registered 3. Fishing without licenses / appropriate documents (sailing without port and seaworthiness clearance) 4. Illegal Modification of Vessel (inc. marked down, changing call sign, machines) 6. Using foreign captain and seamen 7. Deactivation of Vessel s Transmitter (VMS and AIS) 12. Using prohibited fishing gear 11. Violation of fishing ground 9. Forgery of logbook record 8. Illegal transhipment at sea

6 TYPES OF OTHER CRIMES (FISHERIES RELATED CRIMES) 1. Illegal transaction of fuel 5. Tax crime (evasion or fraud) 2. Immigration related crime 6. Corruption 3. Customs related crime, (incl. smugglings of drugs, protected species, vessel spare parts and other goods) 7. Human rights abuses (forced labor, human trafficking and child labor etc) 4. Money laundering 8. Illicit Drugs Trafficking

7 TYPES OF HUMAN RIGHTS ABUSES SUBSTANDARD AND INHUMANE LIVING CONDITION CHILD LABOUR FRAUDULENT AND DECEPTIVE RECRUITMENT WITHOLDING IDENTIFYING DOCUMENTS WORKING WITHOUT SOCIAL SECURITY NO PAYMENT/SALARY PHYSICAL AND MENTAL ABUSE NO WORKING AGREEMENT HOUR WORKDAYS HEALTH AND SAFETY VIOLATIONS HOMICIDE & SEXUAL ABUSE

8 TRAFFICKING IN FISHERY CASES IN INDONESIA PUSAKA BENJINA CASES 682 fishing vessel crews in Benjina identified as victims of trafficking originated from Thailand, Myanmar, Lao, Cambodia, and Vietnam District Court of Tual (Province of Maluku) convicted 8 suspects (5 captains from Thailand and 3 others from Indonesia) guilty for involvement in human trafficking, and were sanctioned 3 years imprisonment, criminal penalty of IDR 160 million and restitution for IDR 844 million The companies involved were operated by 8 companies domiciled in Singapore, Thailand and Indonesia AMBON CASES 392 fishing vessel crews in Ambon identified as victims of trafficking originated from Thailand, Myanmar, Lao and Cambodia The companies involved were operated by 12 companies domiciled Singapore, Thailand and Indonesia Police is currently furthering the investigation on the trafficking case PONTIANAK CASES 78 of 90 fishing vessel crews in 3 (three) illegal fishing vessels flying flag of Malaysia (ex-thai Vessel) identified as victims of trafficking originated from various countries Myanmar and Cambodia The vessel was captured in the Indonesian territory Police are currently investigating the 3 Thai captains for suspected involvement

9 TRAFFICKING IN FISHERY CASES IN INDONESIA HUA LI 8 Carried 4 Indonesian fishing crews whom later were identified as victims of trafficking Crews were forced to sign contracts without having an opportunity to read and to negotiate Crews were not provided with health insurance, identity documents were held by the Captain, salaries were withheld by the recruiting agent The Crews have been safely returned home INDONESIAN VICTIMS IN IRAN 14 Indonesian fishing crews were identified as victims of trafficking on board Chinese fishing vessels operating in Iran Whistleblower information Salaries were withheld, but have been remedied by the recruiting agent Police are currently investigating the recruiting agent whom has been determined as prime suspect

10 GOVERNMENT S ROLE: RELEASE, RESCUE, REMEDIATE, REPATRIATE (4R) o Working together with IOM, Embassies of victims country of origins, and local immigration to facilitate repatriation process of the trafficking victims VoTs (Ambon & Benjina) have been repatriated to their origin countries 8 suspects in Benjina has convicted by Tual Court. 4 suspects in Ambon under Investigation process o Working collaboratively with IOM to identify trafficking victims o Working collaboratively with the Ministry of Manpower to facilitate the settlement of unpaid salaries of trafficking victims in Ambon through negotiation/mediation Evacuation Remediation USD 900,000 Paid by the companies to trafficking victims in Ambon 11 business licenses & 168 fishing licenses have been revoked by the MMAF Repatriation

11 Minister Regulation Regarding Human Rights System and Certification in the Fisheries Business No. 35 of 2015 PRINCIPLES (RUGGIE PRINCIPLES UNGP): 1. It is the State s obligation to protect human rights (State to Protect); 2. It is the companies obligation are to respect human rights (Business to Respect); 3. Provide access to recovery human right violations for the victims (Access to Remedy). OBJECTIVES: 1. State holds a main role to protect sea labors rights and their community 2. State assures fishery companies to respect all stakeholders human rights, and to prevent human rights violations, and/or handling the human rights violation impacts. GOALS: 1. No Slave-Caught Seafood Product entering the supply chain 2. Welfare for sea labors and their community 3. Businesses to respect and to remedy adverse human rights impacts 4. Ensuring local fishermen prosperity in the fishery business cycle SUBSTANCES: 1. Corporate human rights Internal policy 2. Corporate human rights due diligence (annually) 3. Human rights in fisheries business certification scheme (prior to fishing license issuance) 4. Human rights remediation (judicial and non-judicial remediation)

12 Illegal fishing cases does not only involve fish, but there are other crimes as well involved in the operation These crimes often involved numerous jurisdictions and are well-planned, thus is a Transnational Organized Crime under the UNTOC Convention Human rights protection in the fisheries business shall ensure food safety and prosperity of the fishermen