TRAFFICKING AT SEA. THE EXPLOITATION OF SOUTH- EAST ASIAN FISHERS REBECCA SURTEES SENIOR RESEARCHER NEXUS INSTITUTE

Transcription

1 TRAFFICKING AT SEA. THE EXPLOITATION OF SOUTH- EAST ASIAN FISHERS REBECCA SURTEES SENIOR RESEARCHER NEXUS INSTITUTE

2 Some NEXUS research on trafficked fishers & seafarers Research about trafficked fishers Lost at sea. The trafficking of Indonesian fishers (forthcoming) Fighting trafficking at sea: The international legal framework (forthcoming) Identifying and assisting trafficked seafarers and fishers: Tools and strategies for protection at sea (forthcoming) In African waters. Trafficking of Cambodian fishers in South Africa (2014) At sea. Trafficking of seafarers and fishers from Ukraine (2014) Trapped at sea. Using the legal and regulatory framework to combat the trafficking of seafarers and fishers (2013) Trafficked at sea. The exploitation of Ukrainian seafarers & fishers (2012) Research includes trafficked fishers Our Lives. Vulnerability and Resilience Among Indonesian Trafficking Victims (2017) Going Home. Challenges in the Reintegration of Trafficking Victims in Indonesia (2016) After trafficking. Challenges in the reintegration for trafficked persons in the GMS (2012) Trafficking in men from Ukraine & Belarus, a trend unconsidered (2008) Trafficked men, unwilling victims (2008)

3 What is human trafficking? [ ] recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons).

4 Human trafficking is:

5 Key aspects of NEXUS work Research from the perspective of both trafficked persons and practitioners Research about trafficked fishers in different countries, regions Research with different sub- groups of trafficked persons, to offset sampling bias E.g. identified & unidentified; assisted and unassisted Engage with various institutions and agencies Operationalize research to improve prevention, protection and prosecution E.g. technical assistance, program implementation, training

6 Experiences of trafficked fishers How trafficking within the fishing industry takes place (Non)identification of trafficked fishers Assistance and reintegration of trafficked fishers Photo credit: Anonymous Ukrainian trafficked fisher

7 How trafficking takes place origin countries for trafficked fishers Sources: NEXUS research; US State Department TIP report

8 How trafficking takes place origin, destination & internal trafficking Sources: NEXUS research; US State Department TIP report

9 How trafficking takes place recruitment of trafficked fishers Photo credit: BY- ND Indonesia Fishing Vessel Crew Agency Formal and informal recruitment (and sometimes both) Deception at recruitment; promises different from terms of the contract Heavy debt incurred to agency prior to departure Heavy penalties in the contract if leaving vessel early

10 How trafficking takes place recruitment of trafficked fishers I was called by the supervisor, Your ticket is already issued, you will got 150 dollar salary. I confronted him about why my salary was only 150USD, because my sponsor said that it would be 300 to 600USD. He said that I was tricked by my sponsor I did not want to go but the agency threatened that I have to pay 20 million Rupiahs fine [approx. 1700USD], to cover the ticket and visa cost. (Indonesian fisher) One day before departure, we were given a working contract. I read that contract and I was concerned about my salary My salary was only 2 million Rupiah [approx. 170USD] and many clauses were not fair for the fishermen. [We] refused to sign the contract. However, we were under pressure and had already spent our money for administration. The agency said, If you don t want to sign the contract, you have to pay to the agency about 25 million Rupiah [approx. 2100USD], if did not pay, we will report to the police and you will be jailed. They threatened us. We didn t have any choice then; we had to sign that contract (Indonesian fisher).

11 Destinations for trafficked Indonesian fishers Source: NEXUS research

12 Destinations for trafficked Cambodian fishers Source: NEXUS research

13 Destinations for trafficked SEA fishers (Cambodia, Indonesia, Lao PDR, Myanmar, Thailand) Source: NEXUS research

14 Destinations for trafficked SEA fishers (Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, Viet Nam) Source: 2015 TIP Report

15 How trafficking takes place One Indonesian fisher s journey while trafficked

16 How trafficking takes place life and work at sea Poor, inhumane living conditions We went on strike after clean water was out of stock we could not work with no drinking water. We used sea water to bathe (Indonesian fisher). We had a place to sleep but there were so many bugs, [it was] so hard to sleep. There were ten people in my room, so crowded, just enough space for our body (Cambodian fisher). Photo: Peter Biro We drank fresh water and took showers with salt water. Drinking water was sometimes not enough If we wanted to drink, we had to ask permission (Cambodian fisher).

17 How trafficking takes place life and work at sea Long hours, no rest One group worked from 3 until 7am, group 2 worked until 11 am, then took a rest for an hour then we worked together, from 1pm to 1am without rest. We fished every day and worked without days off (Indonesian fisher). Even when we were sick or injured, they still forced us to work It was more brutal than the Pol Pot regime. Pol Pot gave us time to rest, at least one or half an hour to rest, but this not. [On the fishing vessel] if they saw that we were free, they made us busy. My legs and arms were so sore, so stiff (Cambodian fisher). The work was really difficult, we didn t have time to sleep. We worked day and night. Two years plus of untying fishing lines, my fingers became curled (Cambodian fisher). Photo: Peter Biro

18 How trafficking takes place life and work at sea Photo: Peter Biro Workplace injuries and illness I pulled buoys and fish...i hauled the buoys and the radar alone, no switching shifts. My arms were swollen. When I held a cigarette or spoon or chopstick, it would fall from my hand without me feeling it... If we got wounded... the wound would get rotten because it always got wet with salt water. It could not heal properly (Indonesian fisher). Violence and abuse If we did not work, they would beat us They beat me on my head, the scar is still here now There were four of them they hit me on my head with a long metal [rod] (Cambodian fisher).

19 (Non)identification of trafficked fishers Language barriers inhibit: Ability of victims to seek help Finding and rescuing victims Ability to screen for trafficking We are sometimes searching on Google Earth for where they say they are and we just can t find it. It s not the right name. We call the embassy, they say it doesn t exist and we need to call around and try to guess. It can take a week to get the correct name and they can move in this time or are at risk (Police officer). Photo: Peter Biro

20 (Non)identification of trafficked fishers Limited opportunities for identification: Long periods at sea Limited movement in ports Limited contact with authorities Focus on illegal catch; not on exploitation of fishers (non- identification even in approaching authorities) Photo: Peter Biro we were standing there surrounded by coast guards but it was impossible to talk to anybody (Trafficked fisher).

21 (Non)identification of trafficked fishers Structural barriers to identification Legislation does not include labour or men Lack of training/capacity to screen and identify TIP We asked [the authorities] to assist our fishers and they said that they are not trafficking victims because they had a work contract. But a work contract is no excuse; we don t even know if it is legal or not (NGO staff) Photo: Peter Biro

22 (Non)identification of trafficked fishers Photo: Peter Biro Fishers don t recognise their situation as trafficking The police asked: Are you a trafficking victim? The man said, No. I just want my money. So then no protection because the victim didn t believe he was trafficked... But when we explained about the law, then he says: Oh, I may be a trafficking victim. They don t think they are trafficking victims because they are men. Avoid identification b/c: shame forced assistance compulsory legal cases inability to work don t trust authorities

23 Assistance and reintegration of trafficked fishers Need assistance to recover and reintegrate Each fisher has a unique experience of exploitation ; highly specific family/communi ty setting Limited assistance available to fishers (and men) Photo credit: Peter Biro

24 Assistance for trafficked fishers economic issues When I arrived home, I was happy and nervous. I almost cried because I arrived home and brought nothing back. What are my kids going to eat to survive?! My family was starving, my kids were skinny... When I was here, at least I could earn for them to eat. But when I was away, they were crying with hunger (Cambodian fisher). [My biggest challenge] was debts, trapped in debts. We departed leaving debts[ ] Just think, we came home with no money (Indonesian fisher). Photo credit: Peter Biro I kept working and tried to provide for the family but my wife felt that it wasn t enough. We often argued. She felt that during my three years away I never gave her updates or money. My family thought I was dead since they never heard from me for two and a half years (Indonesian fisher).

25 Assistance for trafficked fishers health issues and needs My hand ran into the fishing net machine, my finger was broken. In spite of my hand being swollen, they forced me to [work] (Cambodian fisher). I cannot go to sea because I have chronic bronchitis and actually they will not let me to work at sea due to my health condition (Ukrainian fisher). I have difficulty to breath. I usually have a headache. I often drink sugar cane to gain more power. I buy medicine too (Cambodian fisher). Photo: Peter Biro [On the boat], I caught cold because my legs were in water all of the time. I have chronic prostatitis; once a year I go through treatment (Ukrainian fisher).

26 Assistance for trafficked fishers psychological and social impacts of trafficking Mentally, it hurts It s very tough. I can t return to how it used to be Maybe the family or neighbours can be casual about it, but it was inside of me that cannot return to my usual self, it s not possible. If I returned and I didn t have that much faith, probably I would have gone out of my mind (Indonesian fisher). I was ashamed after my return home as I had not been able to bring home any money. My friends invited me to socialise in the evenings but I do not like going out. I feel small because I lost my house and am in debt and am facing many economic and personal problems. (Myanmar fisher) We went home and it was a huge embarrassment. I didn t want to go out of the house. My self- confidence was plunged. I couldn t bear to meet my friends out of shame because of our condition. So there was no harmony with the family. I also didn t want to meet my neighbours. I was ashamed! (Indonesian fisher). Some of the men got left behind by their girlfriends [while trafficked]. Some others found out that their wives had divorced them and married other men. Some of the parents passed away. Such lost is powerful enough to shock us. And we found it out after what happened with us for 2 or 3 years at the sea (Indonesian fisher).

27 Assistance for trafficked fishers supporting reintegration Assistance is limited (one- off or short term) but need long term, tailored, comprehensive assistance Assistance is underfunded, underconsidered (but it requires resources) Origin countries bearing costs (limited responsibility of destination, flag states) Assistance can be at home or for safe work at sea Risk of re- trafficking, chronic vulnerability Assisting fishers assists the family and community Photo credit: Peter Biro

28 For information, cooperation & collaboration NEXUS Institute Rebecca Surtees Senior researcher Photo: Peter Biro