Abuse of Foreign Fishermen: NGOs Form Human Rights Alliance, Urge Eradication and Abolition of Overseas Employment
On August 25, 2015, the body of Indonesian fisherman Supriyanto was sent back to a port in Taiwan, and the Pingtung District Prosecutors Office closed the case administratively with a ruling of "death from sepsis." "But there were a great many wounds on the body, suspected of long-term abuse, and the case is still under investigation by the Pingtung District Prosecutors Office," pointed out Chuang Shu-ching of the Taiwan International Workers Association. Distant-water operations at sea are prone to abuse, unlawful deduction of wages, and other forms of long-term exploitation. The above case serves only as an introduction. "Abuse cases are not isolated incidents as the Fisheries Agency claims, but occur very frequently and continuously."
The Yilan County Fishermen's Occupational Union, the Presbyterian Church in Taiwan Peace Foundation Seafarers' and Fishermen's Service Center, the Taiwan International Workers Association, the Taiwan Association for Human Rights, the Taoyuan City Mass Service Association, Greenpeace, and the Environmental Justice Foundation formed the "Foreign Fishermen's Human Rights Protection Alliance" and held a press conference on the 17th calling for the abolition of the overseas employment system.
Foreign Fishermen's Human Rights Protection Alliance: Abolish Overseas Employment, Bring Under Labor Standards Act Management
Facing the infringement of foreign fishermen's rights, Shih Yi-hsiang, Deputy Secretary-General of the Taiwan Association for Human Rights, pointed out directly that in recent years there have been a great many cases of foreign fishermen dying at sea, all of which are still under investigation, and so far there have been no satisfactory results. In the brokerage system, Taiwan's system, and the division of labor among various ministries, the problems foreign fishermen face in terms of human rights oppression are repeatedly highlighted.
The Foreign Fishermen's Human Rights Protection Alliance put forward its demands, hoping to abolish overseas employment so that all foreign fishermen in Taiwan are covered by the Labor Standards Act, that foreign fishermen regardless of distant-water or offshore operations all be managed by the Ministry of Labor, and that sufficient resources be invested to increase the frequency and accuracy of labor inspections on offshore and distant-water fishing vessels.
"The Fisheries Agency cannot grasp the actual number of overseas-employed fishermen." Chuang Shu-ching pointed out that according to an investigation by Indonesian media, the number of Indonesians going to Taiwan to work as foreign fishermen alone is likely to exceed 40,000; moreover, regarding the low wages of overseas-employed foreign fishermen, the Fisheries Agency has not carried out inspections. "The Fisheries Agency keeps saying it has no funding or manpower, and we believe the Fisheries Agency also lacks expertise in labor management, so regardless of distant-water or offshore fishermen, they should all come under the jurisdiction of the Ministry of Labor."
With the Captain Standing Right There, How Can Fishermen Tell the Truth?
Chuang further explained that the government currently does not have enough labor inspectors and should add manpower; second, there must be regular onboard inspections. In the counties and cities with the most offshore fishing vessels, such as Yilan and Kaohsiung, there should be dedicated labor inspectors who board vessels for inspection once every one or two weeks; and a roster of every vessel's crew must be kept in order to achieve a tracking effect.
In addition, Taiwan should also proactively sign the International Labour Organization Work in Fishing Convention, 2007 (ILO C 188) and domesticate it into law. Chiu Shao-chi, Taiwan Oceans Project Director of the Environmental Justice Foundation (EJF), explained that on working hours, ILO C 188 addresses the number of working hours per week; but overseas employment is calculated per month and easily exceeds seven days of work time. On wages, ILO C 188 also stipulates at least 614 US dollars; overseas employment is 450 US dollars.
Li Yi-chiao, Oceans Project Lead at Greenpeace, pointed out that ILO C 188 further regulates fishermen's health examinations, clearly specifying the content of health checks, and on the whole can also ensure that labor inspections, health checks, working hours, and wages are all above average. Currently Norway, Morocco, Argentina, Angola, Bosnia and Herzegovina, Congo, Estonia, France, Latvia, and South Africa have all adopted it; the European Union has further expressed that it will follow suit and requires all member states to adopt it; Thailand is expected to adopt it by the end of this year at the earliest.
The Fisheries Agency cited 86 cases of fisherman visits and inspections, "but when visiting and inspecting fishermen, the captain was standing right there watching. If I were a fisherman, I wouldn't speak the real situation either." Li Yi-chiao stated that although the current Regulations on the Permit and Management of the Overseas Employment of Non-R.O.C.-National Crew Members has relevant provisions and also sets penalties, "in practice none of it has been carried out. The Fisheries Agency's current problem is that the regulations are all out, but what exactly is enforcement in practice? The Fisheries Agency hasn't investigated at all. Are these laws written for the international community to see? Or is there actual enforcement? There is a gap."
Fisheries Agency: Cooperating with the Ministry of Labor on Labor Inspections to Improve Rights Protection
In response to the various doubts from the outside, Fisheries Agency Deputy Director-General Lin Kuo-ping responded that there are currently fisheries inspectors at foreign ports, and when domestic distant-water vessels return, questionnaire visits and inspections of overseas fishermen are also conducted. As for disputes over methods, these will be discussed further, such as taking the crew members to be interviewed indoors, separated from the captain, so that the fishermen can speak the real situation.
Lin stated that the Regulations on the Permit and Management of the Overseas Employment of Non-R.O.C.-National Crew Members was only passed last year, and this year visits and inspections of fishermen have also begun, cooperating with the Ministry of Labor on labor inspections to check wages, working hours, and other conditions. So far there have been no penalty cases, but there are cases in progress that are being further verified.
Regarding placing foreign fishermen under unified management by the Ministry of Labor, Lin explained that distant-water fishing vessels are far from the country and operate at sea, making management relatively difficult. Currently they are managed through the Regulations on the Permit and Management of the Overseas Employment of Non-R.O.C.-National Crew Members. In the future, when the management situation matures, it will also be aligned with the Labor Standards Act. For now, basic conditions can only be set out as regulations first, and then efforts can be made to raise the standard.
The Fisheries Agency further explained that the current management regulations have already raised various rights protections including wages and working hours, including a monthly minimum wage of 450 US dollars, crew members having at least 10 hours of rest per day and at least 4 days off per month; requiring vessel owners to insure crew members for personal accident, medical, and general death insurance; the general death insurance amount shall not be less than 1 million New Taiwan dollars; and if crew members suffer accidental injury or illness while performing duties, the vessel owner shall promptly arrange treatment nearby and be responsible for medical and other expenses.