Human trafficking cases

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TRAFFICKING AT SEA.
THE EXPLOITATION OF
FISHERS
REBECCA SURTEES
SENIOR RESEARCHER
NEXUS INSTITUTE
SOME NEXUS RESEARCH ON TRAFFICKED
FISHERS & SEAFARERS…
 Lost at sea. The trafficking of Indonesian fishers (forthcoming
2016)
 Fighting trafficking at sea: The international legal framework
(forthcoming 2015)
 Identifying and assisting trafficked seafarers and fishers : Tools and
strategies for protection at sea (forthcoming 2015)
 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)
 After trafficking. Challenges in the reintegration for trafficked
persons in the Greater Mekong Sub -region (2012)
 Trafficked at sea. The exploitation of Ukrainian seafarers & fishers
(2012)
 Trafficking in men from Ukraine & Belarus, a trend unconsidered
(2008)
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
 Technical assistance, program implementation, training
WHAT IS HUMAN TRAFFICKING?
The United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, the primary source of international anti trafficking law, defines trafficking in human beings:
[…] 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.
If one element
in each category
is met, this is
human
trafficking.
For children,
consent is
irrelevant, which
means that any
exploitation of
children that
occurs through
one of the
processes listed
is human
trafficking.
Source:
ACILS/ICMC
Indonesia
CASES AND EXPERIENCES OF TRAFFICKED
FISHERS
How trafficking
within the fishing
industry takes
place
(Non)identification
of trafficked
fishers
Assistance and
reintegration of
trafficked fishers
P h o t o cre d i t : A n o n y mo us Uk rai n i an
t raffi ck e d fi sh e r
HOW TRAFFICKING TAKES PLACE ORIGIN COUNTRIES FOR TRAFFICKED
FISHERS
Sources: NEXUS research; US State Department TIP report
HOW TRAFFICKING TAKES PLACE –
RECRUITMENT OF TRAFFICKED FISHERS
 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
Photo credit:
Crew Agency
B Y - N D I n d o n e s i a F i s h i n g Ve s s e l
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).
HOW TRAFFICKING TAKES PLACE – ORIGIN,
DESTINATION & INTERNAL TRAFFICKING
Sources: NEXUS research; US State Department TIP report
HOW
TRAFFICKING
TAKES PLACE
Cases of
trafficked
fishers in
Africa
HOW
TRAFFICKING
TAKES PLACE
One
Indonesian
fisher’s
journey
while
trafficked
HOW TRAFFICKING TAKES PLACE – LIFE
AND WORK AT SEA
Poor and inhumane
living conditions
“ We w e n t o n s t r i k e a f t e r
clean water was out of
stock… we could not work
w i t h n o d r i n k i n g w a t e r . We
used sea water to bathe”
(Indonesian fisher).
“ We h a d a p l a c e t o s l e e p
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 credit : Peter Biro
“ We d r a n k f r e s h w a t e r a n d
took showers with salt
water. Drinking water was
s o m e t im e s n o t e n o u g h … I f
we wanted to drink, we
h a d t o a s k p e r m i s s io n ”
(Cambodian fisher).
HOW TRAFFICKING TAKES PLACE – LIFE
AND WORK AT SEA
Long hours, no rest
“ O n e gro u p w o rk e d fro m 3 u n t i l 7 am,
gro u p 2 w o rk e d u n t i l 1 1 am, t h e n
t o o k a re st fo r an h o u r t h e n w e
w o rk e d t o ge t h e r, fro m 1 pm t o 1 am
w i t h o ut re st . We fi sh e d e v e ry d ay
an d w o rk e d w it h o ut d ay s o ff ”
( I n d one sian fi sh e r) .
“ E v e n w h e n w e w e re si ck o r i n j u re d ,
t h e y st i l l fo rce d u s t o w o rk … I t w as
mo re bru t al t h an t h e P o l P o t re gi me .
P o l P o t gav e u s t i me t o re st , at l e ast
o n e o r h al f an h o u r t o re st , bu t t h i s
n o t . [ O n t h e fish in g v e sse l ] if t h e y
saw t h at w e w e re fre e , t h e y mad e u s
bu sy . M y l e gs an d arms w e re so so re ,
so st i ff” ( C am bo di an fi sh e r) .
P h o t o cre d i t : P e t e r B i ro
“ T h e w o rk w as re al l y d i ffi cu lt, w e
d i d n ’t h av e t i me t o sl e e p. We w o rk e d
d ay an d n i gh t . Tw o y e ars pl u s o f
u n t y i ng fi sh i n g l in e s, my fin ge rs
be came cu rl e d ” ( C ambo d i an fi sh e r) .
HOW TRAFFICKING TAKES PLACE – LIFE
AND WORK AT SEA
Workplace injuries and illness
“ I pu l l e d bu o y s an d fi sh . ..I h au l e d
t h e bu o y s an d t h e rad ar al o n e , n o
sw i t ch in g sh i ft s. M y arms w e re
sw o lle n. W h e n I h e l d a ci gare t t e o r
spo o n o r ch o pst i ck , i t w o u ld f a l l
fro m my h an d w i t h o ut me fe e l i n g
i t . .. I f w e go t w o u n de d... t h e
w o u n d w o u ld ge t ro t t e n b e cau se i t
al w ay s go t w e t w i t h sal t w at e r. I t
co u l d n o t h e al pro pe rl y ”
( I n d one sian fi sh e r ) .
Violence and abuse
P h o t o cre d it : P e t e r Biro
“ I f w e d i d n o t w o rk , t h e y w o u ld
be at u s … T h e y be at me o n my h e ad ,
t h e scar i s st i l l h e re n o w … T h e re
w e re fo u r o f t h e m… t h e y h i t me o n
my h e ad w i t h a l o n g me t al [ ro d ] ”
( C ambo d ian fi sh e r) .
(NON)IDENTIFICATION OF TRAFFICKED
FISHERS
Limited opportunities for
identification:
 L o n g pe ri o d s at se a
 L i mi t e d mo v e me n t i n po rt s
 L i mi t e d co n t act w i t h au t h o ri ti e s
“ … w e w e re st an d i ng t h e re
su rro u n de d by co ast gu ard s bu t i t
w as i mpo ssi bl e t o t al k t o an y bo d y ”
( Traffi ck e d fi sh e r) .
Language barriers inhibit:
 A bi l i t y o f v i ct i ms t o se e k h e l p
 F i n d i n g an d re scu i n g v i ct i ms
 A bi l i t y t o scre e n fo r t raffi ck i n g
P h o t o cre d i t : P e t e r B i ro
“ We are so me t i me s se arch i n g o n
G o o gle E art h fo r w h e re t h e y say t h e y
are an d w e j u st can ’ t fi n d i t . I t ’ s n o t
t h e ri gh t n am e . We cal l t h e e mbassy ,
t h e y say i t d o e sn ’ t e x i st an d w e n e e d
t o cal l aro u n d an d t ry t o gu e ss. I t can
t ak e a w e e k t o ge t t h e co rre ct
n ame … an d t h e y can mo v e i n t h i s
t i me o r are at ri sk ” ( P o l ice o ffi ce r) .
(NON)IDENTIFICATION OF TRAFFICKED
FISHERS
No screening at
destination – ports,
police, immigration,…
 Legislation does not
include labour or men
 Lack of training/capacity
 Focus on illegal catch;
not on exploitation of
fishers
 Non-identification even in
approaching authorities
“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 credit: Peter Biro
(NON)IDENTIFICATION OF TRAFFICKED
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:
Photo credit: Peter Biro





shame
forced assistance
compulsory legal cases
inability to work
don’t trust authorities
ASSISTANCE AND REINTEGRATION OF
TRAFFICKED FISHERS
P h o t o cre d i t : P e t e r B i ro
 Trafficked
fishers often
require
assistance to
recover and
reintegrate
 Each fisher
has a unique
experience of
exploitation
and returns to
a highly
specific family
setting
 Limited
assistance
available to
fishers
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).
P h o t o cre d i t : P e t e r B i ro
“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).
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).
“[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).
P h o t o cre d i t : P e t e r B i ro
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 wive s 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).
ASSISTANCE FOR TRAFFICKED FISHERS –
SUPPORTING REINTEGRATION
P h o t o cre d i t : P e t e r B i ro
 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
FOR INFORMATION, COOPERATION &
COLLABORATION…
NEXUS Institute
www.nexusinstitute.net
Office@nexusinstitute.net
@NEXUSinstitute
Rebecca Surtees
Senior researcher
rsurtees@nexusinstitute.net
Photo credit:
Peter Biro
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