2019 New Taiwan Fishery Policy Introduced, Fishing Vessel Management Moves Toward Modernization
Fishery development is getting better and better, and in terms of policy, the treatment of fishermen is also getting better and better. So which of the latest policies is newly introduced? Let's take a look together.
In December last year, the Fisheries Agency gave advance notice of amendments to 9 articles of the "Regulations on the Permission and Management of Employing Non-ROC Nationality Crew Members Abroad", such as requiring video recording for evidence retention for 3 years at the time of signing, allowing crew members who suffer unequal treatment on fishing vessels to request early termination of the labor contract, clearly defining wages, and strengthening rest time regulations. The notice period runs until February 11 this year.
Full recording of the signing process, must be archived for 3 years
Among recent well-known human rights incidents involving foreign-hired crew members, none is more prominent than the case of the Taiwan fishing vessel "Fu Sheng No. 11", which was accused of deducting crew wages and providing insufficient rest time. In October last year, this case was referred by the Fisheries Agency to the Kaohsiung District Prosecutors Office on suspicion that the vessel violated the "Human Trafficking Prevention Act", with the vessel owner, captain, and brokerage owner transferred. In addition, the case of the "Fu Ci Qun" suspected of torturing to death the Indonesian crew member Supriyanto a few years ago is still under investigation.
Lin Guoping, Deputy Director-General of the Fisheries Agency, pointed out that this amendment has involved communication with the industry, NGOs, experts and scholars, and relevant ministries. After the revision of the labor contract signing regulations, the rights and interests of both crew members and vessel owners can be protected. If a dispute arises in the future, both parties will have physical evidence to reconstruct the actual signing situation.
In addition, to solve the language barrier problem, demonstration videos in the languages of the crew members' source countries will be produced in the future, so that vessel owners can play them before signing, allowing crew members to understand the contract specifications and relevant regulations.
The biggest breakthrough this time is that the explanation of rights and obligations before signing and the signing process itself must all be recorded continuously in full. Lin Guoping said that a mobile phone can achieve full recording, and the video file must be kept for 3 years. If either party's rights are harmed in the future, this video record will also become one of the pieces of evidence.
At the current stage, the Fisheries Agency can use questionnaire surveys to understand whether foreign-hired crew members have had wages deducted or similar situations.
New provision allows crew members to request contract termination, but practical situations still require on-site communication
In order to align with the International Labour Organization's Work in Fishing Convention No. 188, this amendment also adds provisions on the allocation of crew insurance responsibility, revises the rule that crew members' rest time every 7 days should not be less than 77 hours, adds the right for crew members to request leaving the vessel and returning to their source country, and clearly defines wages as the remuneration obtained by crew members for performing the labor contract, including wages, salaries, or other regular payments under any name.
First optimize domestic regulations, then discuss the issue of foreign brokers
Regarding the human rights issues of foreign crew members, the government continues to revise regulations on a rolling basis, but how to operate in practice is the key.
Not long ago, the "Ju Yang case", which was suspected of human trafficking abroad, was brought up for discussion again. In addition, this amendment clearly provides that if the responsible person or representative of a brokerage agency has been convicted of an offense under Article 2, Paragraph 2 of the Human Trafficking Prevention Act, they may no longer apply to become a brokerage agency. This inevitably makes people wonder whether the Fisheries Agency intends to step in and regulate the issue of foreign brokers.
"Domestic law can only govern domestic cases," Lin Guoping emphasized again. The Ju Yang case has already been transferred to prosecutors and investigators for handling, but if other countries are unwilling to provide relevant evidence, domestic sanctions cannot proceed. This is related to Taiwan, China's diplomatic situation and judicial mutual assistance.
Lin Guoping said that when Indonesia's Minister of Labor came to Taiwan, China in December last year, they discussed hoping to cooperate with the Indonesian government. Whether in brokerage management or government inspection, relevant regulations should be effectively implemented to protect the rights and interests of Indonesian nationals and our vessel owners. At that time, Indonesia's Minister of Labor mentioned that there are three main governing units for the country's labor export, and they must first be integrated before discussion can proceed. The Fisheries Agency is currently focusing on optimizing domestic management as much as possible to protect the human rights of foreign-hired crew members.
Now, you know, right? With these policies, fishermen's economic returns should get higher and higher, and their standard of living will also get better and better.