Obligations of the State Must Protect the Rights of Seafarers Migrant Worker - Part I

       Seoul, August 25, 2016. The Republic of Korean government has organized the event with the theme of South East Asia / East Asia Regional Conference on Ethical Recruitment and Policy Harmonization in the Fishing Industry in National Assembly Building, Seoul, republic of Korea. The event is also held in collaboration with the IOM Seoul, Advocate of Public Interest Law (APIL) and The U.S Embassy. Those event were involved another government from the sending countries and International NGO's such as ; International Organization for Migration (IOM)Republic of Korea (ROK), National Assembly Human Rights Forum, Advocates for Public Interest Law (APIL), IOM Cambodia, Ministry of Transportation Republic of Indonesia, Task Force of Illegal Fishing Republic of Indonesia (Satgas 115), Serikat Buruh Migran Indonesia (SBMI), Department of Overseas Labor, Vietnam, Ministry of Public Security, Vietnam IOM Vietnam, Philippines Overseas Employment Administration, Department of Labor and Employment, Philippines Department of Justice, Philippines, Ministry of Ocean and Fisheries ROK, Fishing Vessel Owner Association ROK, and Civil Society Trafficking Korea.

          Il-pyo Hong, Chairman National Assembly Human Rights Forum which opened the event were delighted and declared "Protection of Human Rights for Migrant Worker who working on Korean Fishing Vessel should be the main thing and the sending countries should understand the rights of protection for workers sent to another country". 

        Then the event continued by the presentation of Mihyung Park, IOM Seoul. in her presentation she's said

   "that recruitment tends exploitative, often unethical and unfair. Foreign seafarers are in exploitative situations such as low wages and high recruitment fees caused by discrimination and unlawful recruitment practices.

   It is important for us to make a clear and measurable framework to promote the establishment of good recruitment practice, through the policy discussions between the Government of Korea and the sending countries seafarers, in order to protect the most vulnerable".

           Grace Yoo, U.S Embassy mentioned about "Vietnam, Philippines, and Indonesia as a sending country, should make the rules that protect workers. We live in a world where slavery became a frightening phenomenon included in the fishing industry. Forced labor in the fishing industry must be eradicated".

          

           IOM Cambodia, Max Pottler : " International Standard on Fair Recruitment and Policy Harmonization for Migrant Seafarers such as; Coordination of Migrant seafarers policies and labor standards on ethics need to be harmonized, recruitment of unfair and ethics are things that contribute to make forced labor. In fact Fish commodity to be traded. The data showed 57 million tonnes of fish are exported in 2010. 38 million people are employed in capture fisheries (guaranteeing livelihoods 660-820 million people) but forced labor and human trafficking occurs in many places in the fishing industry. They live in remote areas for a long time, a written employment contract also seldom have, their identities are often detained".

            And Indonesian Ministry of Transportation, Capt. Richard Christian mentioned on his presentation about "Indonesian National Legislation related to the Protection of Seafarers: Minister of Transportation regulations No. 84/2013 on the Recruitment and Placement Crew,Director General Regulation others. Measures to enhance protection of seafarers: Harmonization of regulation, coordination between institutions (Foreign Minister, Minister of Commerce in Taiwan). The procedures for working-on-board: Terms of age, certificate, medical Certificate, mustered. Strategy: inspection documents, company certification, coordination with seafarers union". And his presentation got responded from SBMI ; "in 2013 after the Minister of Transportation regulations No. 84/2013 legalized SBMI in 2013, SBMI has tried these rules but unfortunately these rules do not cover the protection of crews of fishing vessels. Then SBMI also asked sanction mechanism if there are agencies that violate these rules is like?. and Capt. Richard said it will revoke permission for any recruitment agencies that violate these rules. when in fact there are many recruitment agencies have a fishing boat crew recruiting and crew to be dispatched to work in foreign-flagged fishing vessels. SBMI then added, so that countries that were present in this discussion may soon ratify the ILO Convention 188; Work in Fishing. because we think the existing rules in the convention very clearly regulate and protect the crew every crew on fishing boats and also regulate the rights and obligations of the parties involved such as; agency and the crews of fishing vessels.

    At the end Korean Ministry of Fisheries, Haegi Kim said  "human rights violations to criminal penalties are accommodated in the Act, providing training on human rights violations to seafarers Korea, the number of complaints (call center) to the crew migrants have been created and operated, increasing the role of the embassy, the increased role of inspector personnel seafarers, improved management system for recruitment seafarers Migrants , the adoption of a comprehensive evaluation of the manning agencies, discuss collaborative efforts with sending countries through the signing of the MOU, the spread of a standard employment contract for, facilitating feasibility and other salaries, training for national seafarers / migrants".