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