STRATEGY TO ELIMINATE HUMAN RIGHTS ABUSES IN THE FISHERY BUSINESS

Transcription

1 Presidential Task Force to Combat Illegal Fishing (Task Force 115) INDONESIA S APPROACH IN COMBATING FISHERIES RELATED CRIMES STRATEGY TO ELIMINATE HUMAN RIGHTS ABUSES IN THE FISHERY BUSINESS Mas Achmad Santosa Presidential Task Force to Combat Illegal Fishing

2 OUTLINE NATIONAL COMMITMENT ACTION TO PREVENT AND COMBAT FISHERIES CRIME ANALYSIS & EVALUATION ON EX-FOREIGN VESSELS TYPE OF VIOLATIONS OF FISHERIES CRIME, FISHERIES RELATED CRIMES AND FISHERIES HUMAN RIGHTS ABUSES FISHERIES CRIME AND FISHERIES HUMAN RIGHTS CASES NATIONAL ACTIONS TO DETER AND ELIMINATE HUMAN RIGHTS ABUSES IN INDONESIA FISHERIES CRIME AS TRANSNATIONAL ORGANIZED CRIME ON UN TOC HUMAN RIGHTS PROTECTION AS A PART OF SUSTAINABLE FISHERIES MANAGEMENT PRACTICES SUMMARY

3 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 10th of December 2015" Susi Pudjiastuti, Minister of Marine Affairs and Fisheries of the Republic of Indonesia 15 October 2015

4 INDONESIA S ACTIONS IN COMBATTING FISHERIES CRIME (October 2014 present)

5 ACTIONS TO PREVENT AND COMBAT FISHERIES CRIME Demolition of illegal Roadmap to Improve Governance of fishing vessels Fishery Business (8 programs) Ban on Using Unsustainable Fishing Gears Maritime Power Sovereignty, Sustainability and Prosperity Ministerial Regulation 02/2015 Moratorium for ExForeign Fishing Vessel (1 year) Ministerial Regulation 56/2014 Ban on Transhipment Ministerial Regulation 57/ Prohibition of ex foreign vessels, foreign vessels and foreign investment in capture fisheries industries 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 to Prevent and Combat IUU compliance) Fishing - Establishment of the New Presidential Task Force to combat fisheries crime Ministerial Decree. No. 3A/2014, 26A/2014, (one roof enforcement system) 126/2015 GOOD GOVERNANCE Compliance Audit of 1,132 ex-foreign vessels

6 ANALYSIS & EVALUATION ON EX-FOREIGN VESSELS Audit on 1,132* exforeign vessels *licenses which are still active by 3 November 2014 USA (1) 0% Country of Origin Vietnam (1) 0% Australia (25) 2% Thailand (280) 25% China (374) 33% Owned by 187 license holders Taiwan (216) 19% Distributed in 33 ports in Indonesia Singapore (2) 0% Philippines (98) 9% Belize (5) 0% Japan(104) 9% Panama (8) 1% Mexico (1) 0% Honduras (4) 0% Cambodia (1) 0% Korea (10) Malaysia (2) 1% 0%

7 ADMINISTRATIVE SANCTIONS BASED ON ANALYSIS & EVALUATION RESULT ANALYSIS AND EVALUATION RESULT ADMINISTRATIVE SANCTIONS Severe Violation : 769 vessels Average Violation : 363 vessels + 1,132 vessels 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

8 TYPES OF VIOLATIONS OF FISHERIES CRIME 1. Forgery of vessel s document 2. Double flagging & double registered 14. Unlawful landing of catches 13. Non-compliance in owning/partnering with a fish processing unit 12. Using prohibited fishing gear 11. Violation of fishing ground 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 9. Forgery of logbook record 8. Illegal transhipment at sea 7. Deactivation of Vessel s Transmitter (VMS and AIS)

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

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

11 FISHERIES HUMAN RIGHTS CASES IN INDONESIA PUSAKA BENJINA CASES 682 fishing vessel crews (FV. crews) in Benjina became victims of trafficking. Victims of trafficking and slavery originated from various countries, e.g. Thailand, Myanmar, Lao, Cambodia, and Vietnam District Court of Tual (Maluku province) has convicted 8 suspects (5 captains from Thailand and 3 others from Indonesia), guilty of involvement in human trafficking, and are sanctioned imprisonment for 3 years with supplementary criminal penalty of IDR 160 million and restitution for IDR 844 million Pusaka Benjina case operated by 8 companies from Singapore, Thailand and Indonesia AMBON CASES 392 FV. crews in Ambon became victims of trafficking. Victims of trafficking and slavery originated from various countries, e.g. Thailand, Myanmar, Lao and Cambodia Ambon cases operated by 12 companies from Singapore, Thailand and Indonesia Under investigation by Trafficking Unit in CID of Indonesia Police PONTIANAK CASES 78 of 90 FV. crews in 3 (three) Malaysian Illegal Vessels (ex-thai Vessel) which have been arrested by MMAF in Natuna Sea, were identified as VoTs. VoTs originated from various countries Myanmar and Cambodia. 3 captains (Thai nationality), are being investigated by CID, Indonesia Police as potential suspects.

12 NATIONAL ACTIONS TO PREVENT, DETER, AND ELIMINATE HUMAN TRAFFICKING & OTHER HUMAN RIGHTS RELATED CRIMES National inter-agencies & International cooperation to identify Indonesian FV. crews that employed in fishing vessels outside Indonesia The New Ministerial Regulation on the Human Rights System and Certification in the Fisheries Business (2015) Remediation and Repatriation of VoTs to their respective home countries State court of Tual, convicted the perpetrators of VoTs in Benjina for Jail Punishment (2016) 9 1 Moratorium on ex-foreign fishing vessel & establishment of Ministerial Task Force to Prevent and Eradicate IUU Fishing President Jokowi ordered the Police to investigate trafficking in persons in Benjina and Ambon Analysis and Evaluation (AnEv) on 1,132 ex-foreign vessels (187 Companies) followed by administrative sanctions (revocation and suspension of business and fishing licenses) Based on AnEv, the Task Force conducted investigation on human trafficking and forced labor practices on 186 vessels owned by 11 companies Task Force in collaboration with IOM conducted indepth interviews with the labors of VoTs, where 1,087 were identified as VoTs.

13 ROLE OF GOI: RELEASE, RESCUE, REMEDIATE, REPATRIATE (4R) o MMAF has released 682 VoTs from Benjina (April to Mei 2015), following AP s report. o MMAF has rescued 682 VoTs in Tual Government Fishery Port, in cooperation with IOM. Evacuation o MMAF identified VoTs (including their concealed nationality), conducted in depth interviews and investigation in cooperation with IOM, CID of National Police, Embassies and Immigration officers. o MMAF has released and rescued 391 VoTs in Ambon (June to October 2015), following Task Force s findings report. Remediation Repatriation VoTs (Ambon & Benjina) have been repatriated to their origin countries 365 of 391 VoTs in Ambon have been remediated (paid) by companies (USD ). Some VoTs got USD o MMAF identified VoTs (including their concealed nationality), conducted in depth interviews and investigation in cooperation with IOM, CID of National Police, Embassies, Immigration officers and other ministries. 8 suspects in Benjina has convicted by Tual Court. 4 suspects in Ambon under Investigation process o MMAF in cooperation with the Ministry of Manpower facilitated the settlement of the unpaid remaining salary of VoTs in Ambon through negotiation/mediation (remediation) 11 business licenses & 168 fishing licenses o MMAF repatriated VoTs (682 in Benjina and 365 in Ambon) to their home countries have been revoked by the MMAF

14 POLICY ON HUMAN RIGHTS TRACEABILITY (PREVENTION APPROACH) Enactment of Ministerial Regulation on the Human Rights System and Certification in the Fisheries Business POLICY BACKGROUND Evidences of serious human rights violations in fishery business in Benjina and Ambon, Indonesia. Indonesia has ratified two essential human rights covenants: CCPR and ECOSOC On December 10th 2015, Indonesia has launched Ministerial Regulation on Human Rights System and Certification in the Fisheries Business UN Guiding Principles on Business and Human Rights (2011) and ILO Convention No. 188 of (has been launched on December 10th, 2015)

15 PRINCIPLES, OBJECTIVES, AND GOALS OF THE MINISTER S REGULATION PRINCIPLES (RUGGIE PRINCIPLES UNGP): 1. The State obligation is to protect human rights (State to Protect); 2. 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. The State holds a main role to protect sea labors rights and their community 2. The 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 issuance liscence) 4. Human rights remediation (judicial and non-judicial remediation)

16 INDONESIAN FISHERMEN ABROAD.2 Number of Indonesian Fishermen Abroad Trafficked Fishermen in Destination Regions Only 22,251 of 224,000 Fishermen abroad were recorded by National Authority for the Placement and Protection of Indonesia Overseas Workers (BNP2TKI); During , 3,859 Fishermen became victims in criminal/labor/and immigration cases. Until 2016, 286 fishermen were identified as VoTs. 93% of them do not have any work contract. Types of Abuse

17 Hongkong: 1 Trinidad & Tobago: 155 Taiwan: 1 Venezuela: 3 Colombia : 2 Note: Some countries and flag state vessels are targeted being investigated by Indonesia and International Community Ivory Coast: 22 Malaysia: 11 South Africa: 76 Mauritius: 7 Fiji: 2

18 CONCERNS Finding effective ways to identify, locate and protect Indonesian FV. crews outside Indonesia water, require inter-agencies cooperation in national level and effective international cooperation. Build close cooperation with crews destination countries, to identify, locate and protect Indonesian Fv. Crews. Experience of GOI in arresting transnational illegal fishing vessels, which involve Indonesian FV. Crews, should be treated as an entry point to disclose the modus operandi of the VoTs case in the fishery business (FV. Hua Li 8, FV. Viking, FV. Jiin Horng No. 106) Duplication/overlapping authorities in national level to handle overseas seafarers should be first solved. Government action to promote special legislation to protect workers at sea in addition to the existing labor law which orientates to regulate land base workers, should be seriously taken.

19 SUMMARY Fishery business should develop and implement Human Rights Protection Policy within Companies and to report human rights condition regularly to the regulator and public. Using human rights prerequisite prior to license issuance (license to catch, transport and set up the business). Raising awareness of the enforcement and port officers on typology and modus operandi of human rights abuses in the fishery business. Building awareness and increasing understanding of the consumers of the importance of human rights friendly seafood product. Human rights record in the fishery business should be a part of the database in national level, Interpol and FAO/IMO Global Fishing Vessel Record. Promoting national multi traceability policy before the catched fishes entering national and international market (food safety, IUUF and human rights traceabilities), is essential. Promote close and effective international cooperation for anti-trafficking law enforcement and prosecutions (bilateral or multilateral agreements to overcome barriers due to different jurisdiction and legal system through evidence sharing, testimonial admission and database collaboration) Enforce legal responsibilities of flag states (article 94, UNCLOS 1982), i.e. optimizing the role of ITLOS and promoting the idea of Regional Convention against IUUF and its Related Crimes as dispute settlement court. Promoting fisheries crime as Transnational Organized Crime (TOC). Indonesia, Norway, UNODC and like minded country, lead the global advocacy to work transnational organized fisheries crimes Cooperation with non-governmental organizations, other relevant organizations and other elements of civil society to identify VoTs, facilitate appropriate housing, Counselling, remediation and repatriation process and training opportunities pors repatriation.

20 FOOD SAFETY IUU FISHING HUMAN RIGHTS TRACEABILITY MULTI-TRACEABILITIES SCHEME -THANK YOUHUMAN RIGHTS ABUSES NO PLACE HAVE IN OUR SEAFOOD INDUSTRY