History

At the Tripartite Meeting on Issues Relating to Migrant Fishers (TMIMF) held in September 2017 in Geneva, one of the outcomes was a call to effectively address the serious violations of the rights of migrant fishers and to enforce their fundamental rights at work and access to justice – irrespective of their migrant status. In particular, the Conclusion from the TMIMF highlighted the need to clarify the division of roles and responsibilities for enforcement, compliance and inspection between flag States, port States, coastal States, and labour-sending States. The lack of coordination between States and among government agencies with a role in the protection of the rights of fishers, including migrant fishers, can impede the effectiveness of the response.

On 27 and 28 March 2018, the ILO and the (then) Coordinating Ministry of Maritime Affairs in Indonesia co-hosted the Consultative Forum on Regional Cooperation against Human Trafficking, Labour Exploitation and Slavery at Sea in Bali, Indonesia (“the Bali Forum”).1 The Bali Forum brought together a broad spectrum of stakeholders to discuss and debate the problems of human trafficking, labour exploitation, and human rights abuses at sea in fisheries. Representatives of government authorities with the mandate in counter-human trafficking efforts, labour protection, fisheries management, as well as workers’ organizations, and employers’ organizations converged on Bali from Brunei, Cambodia, Indonesia, Lao DPR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. In addition, a number of CSOs, NGOs, and private sector actors also attended as observers.2

The Consultative Forum on Regional Cooperation in Bali adopted its Conclusions and agreed on the need for a regional coordination body specifically focused on the unique challenges of forced labour and trafficking in fisheries in Southeast Asia. The Conclusions included recommendations to establish a multi-stakeholder regional coordination body in Southeast Asia to improve coordination in combating human trafficking, labour exploitation and slavery at sea, with a particular focus on trafficking for labour exploitation, and working and living conditions on commercial fishing vessels, and slavery at sea in fisheries.

In November 2018, the ILO, and the Coordinating Ministry of Maritime Affairs, Republic of Indonesia, co-hosted the Southeast Asia Conference on Regional Coordination and Action to Combat Trafficking and Labour Exploitation in Fisheries. The four-day conference combined two workshops: (1) Workshop on Strengthened Regional Coordination to Combat Trafficking and Labour Exploitation in Fisheries; (2) Workshop to Promote Decent Work for Fisheries in Southeast Asia.

The Southeast Asia Forum to End Human Trafficking and Forced Labour in Fisheries (SEA Forum for Fishers) was agreed at the Southeast Asia Conference on Regional Coordination and Action to Combat Trafficking and Labour Exploitation in Fisheries in November 2018 in Bali attended by multi-stakeholder participants from eight South East Asia countries.

The SEA Forum for Fishers was established as a voluntary tripartite plus initiative to strengthen coordination among the Members to combat trafficking in persons, forced labour, modern slavery, as well as labour exploitation in the fishing and seafood sector through an integrated, holistic, human rights-based and action-led approach. Through extensive consultations and revisions, the terms of reference, mandate, and structure of the SEA Forum for Fishers were agreed upon by consensus in November 2018.

Under the SEA Forum for Fishers, five working groups were established and met in March and July 2019:

WG1: TIP risk identification & alert: data sharing and vessel monitoring

WG2: Regional protocol for port State control and labour inspections in SEA

WG3: On harmonizing labour standards in the fishing & seafood industry in SEA

WG4: On fair recruitment of migrant fishers in and from SEA

WG5: On increasing access to remedy for survivors and victims of trafficking

In addition, the Steering Committee met on 1 August 2019, hosted by the Philippines Department of Labour and Employment in Manila to prepare for the Inaugural Plenary Meeting.

In September 2019, the ILO and Indonesia’s Coordinating Ministry of Maritime Affairs and Investments collaborated once again to convene the Inaugural Plenary Meeting of the SEA Forum for Fishers. The meeting addressed issues specifically related to trafficking for forced labour and underlying issues of the labour conditions of those who work in fishing. It provided a forum for experts from across the region to further discussions already underway in the five working groups; and for countries in the region to exchange information and experiences on bilateral, regional and multilateral agreements concerning migrant fishers. It also provided a platform to discuss modalities to promote decent work in the fishing industry, including the promotion of the ILO Work in Fishing Convention (C.188) and tools developed by ILO for effective implementation of international labour standards and enforcement of labour protection for fishers.

The Inaugural Plenary Meeting of the SEA Forum for Fishers resulted in a Resolution of the Forum as well as two Recommendations. Drafts of port State protocol and recruitment principles were also developed, intended for further discussion. The SEA Forum for Fishers resolved to meet again by September 2020, but has not been able to do so due to the COVID-19 pandemic.