How Law Lacks Influence On The Seas
Author: LawSphereX
Category: General Law
Published:
Updated:
HOW LAW LACKS INFLUENCE ON THE SEAS
Mantasha, IFIM Law School
ABSTRACT
The Ocean, a vast and inadequately regulated domain, has long enabled crimes like slavery, human trafficking, and forced labour to flourish beyond the reach of the justice. Despite international frameworks such as the United Nations Convention on the Law of the Sea and the International Labour Organisation’s Work in the Fishing Convention (C-188), maritime slavery persists due to jurisdictional loopholes, weak enforcement mechanisms and economic desperation. This article delves into the historical evolution of forced labour at sea, tracing its development from colonial-era indentured servitude to contemporary human trafficking within the global fishing industry. A critical examination of legal ambiguities reveals how practices such as Flags of Convenience enable shipowners to evade accountability while perpetuating exploitative conditions.
Key case studies include the 2015 Thai Fishing Industry Scandal and the recent abuses within China’s Distant water fishing fleet, highlighting systemic failures in addressing forced labour at sea. Additionally, the India – Sri Lanka maritime labour crisis underscores the need for more effective regulation. The article evaluates existing international legal instruments and enforcement mechanisms, exposing their limitations and proposing pathways for reform. Recommendations include strengthening universal jurisdiction over maritime slavery, adopting technological monitoring solutions like AI-driven vessel tracking, and implementing stricter trade restrictions on seafood products linked to forced labour. These measures aim to enhance transparency and accountability in the maritime industry.
Ultimately, eradicating modern slavery at sea requires coordinated global action, robust regulatory frameworks, and corporate accountability to safeguard the rights of vulnerable maritime workers. By addressing these systematic issues, it is possible to create a more equitable and just environment for those working in the global fishing industry. This research underscores the urgency of maritime governance reforms to protect the world’s most vulnerable workers.
1. Introduction
Law’s Fragile Grip on the Seas The ocean, often romanticised as a vast and boundless frontier, hides a grim reality – a realm where legal oversight is weak and, crimes such as slavery, human trafficking, forced labour, and smuggling thrive beyond the reach of justice. Law as a system of governance derives its authority from territorial sovereignty: as a result, the vastness of the oceans remains a foundational challenge in the face of various legal institutions. Unlike the land-based legal enforcement system, where jurisdictions are demarcated, the sea remains a complex legal frontier, governed by fragmented international treaties, weak enforcement mechanisms, and jurisdictional technicality. This fragile legal system has allowed crimes such as slavery, human trafficking, illegal drug trade, and arms smuggling to flourish largely unchecked. Law lacks influence on the seas.
The challenge of enforcing the law at sea is not a modern problem. Historically, the oceans are perceived as a global common - an ungoverned vast space beyond the jurisdictions of any single nation's law. Before the codification of the maritime laws, seafarers operated largely in a lawless environment, where offences like piracy, slavery, and smuggling thrived without any legal consequence. The principle of Freedom of Seas was first introduced by the renowned legal theorist Hugo Grotius in the 17th century in his book MARE LIBERUM. 1 Earning him the title Father of International law’. He emphasised unrestricted navigation and trade, which complicated efforts to police criminal activities on the seas. Historically, maritime slavery was deeply embedded in global trade networks, with millions forcibly transported across the seas.
While legal abolition ended the transatlantic slave trade, remnants of forced labour persisted in less regulated maritime industries. The historical legacy persists in modern forms of human trafficking and forced labour at sea, as exemplified by recent cases involving China’s distant water fishing fleet. 2 An investigation by the Outlaw Ocean Project reported that nearly half of the Chinese squid fleet- 357 out of 751 vessels were involved in human rights violation. 3 The investigation identified at least 119 ships with possible human rights abuses documented since 2013. These abuses included debt bondage, wage withholding, excessive working hours, abandoning crew in port, forced and captive labour,
1 Hugo Grotius, Mare Liberum (Richard Hakluyt Trans., 1609)
2 Kevin Bales, Disposable People
New Slavery in the Global Economy (University of California Press 2012) 45
3 Ian Urbina, 'China
The Superpower of Seafood' (The Outlaw Ocean Project, 2023) beatings of deckhands, passport confiscation, prohibiting timely access to medical care, and deaths from neglect or violence. Modern slavery refers to the systematic exploitation of vulnerable individuals abroad in fishing vessels, cargo ships, and other maritime industries. It is an umbrella term that encompasses forced labour, human trafficking, and debt bondage, often occurring in jurisdictional grey zones where law enforcement is weak. Forced labour occurs when individuals are coerced or threatened into working under conditions they cannot refuse. This often involves severe exploitation where workers endure inhumane working conditions, extreme working hours, and withheld wages. Workers are also abused physically and psychologically by using measures such as beating, starvation, and confinement at sea.
Fishermen and labourers are often trapped on vessels for months and years without any legal recourse and with no means of escape. In the year 2015, the Thai Fishing Industry Scandal exposed the mass enslavement of Cambodian and Burmese migrants forced to work under brutal conditions. 4 Human trafficking at sea involves the recruitment, transportation, and coercion of individuals for exploitation. Victims are often people deceived by fake job offers and later forced into labour, sold, or transferred between vessels, which makes tracking and rescue nearly impossible. They are subjected to sexual exploitation. These men are often migrant workers, undocumented workers, refugees, displaced people, child labourers, kidnapped and coerced fishermen, convicts, indigenous communities, and stateless people.
2. Evolution of Maritime Slavery
The exploitation of labour at sea has a long and troubling history, evolving from colonial-era indentured servitude to contemporary forms of modern slavery, including forced labour, human trafficking, and debt bondage. Despite international legal frameworks, maritime slavery persists due to jurisdictional gaps and weak enforcement mechanisms:
2.1 Colonial–Era Indentured Labour and Maritime Exploitation –
During the 19th and 20th centuries, European colonial powers institutionalised the indenture system, which facilitated the large-scale movement of labour across the Indian Ocean and the Pacific. Over two million Indian workers were transported to British, French, and other 4 Environmental Justice Foundation, Sold to the Sea: Human Trafficking in Thailand’s Fishing Industry (2015) colonies, including Mauritius, Fiji, South Africa, and the Caribbean, under contracts that promised employment and eventual repatriation. 5 However, these agreements often concealed exploitative conditions, with labourers subjected to long working hours, inhumane living conditions, and restricted mobility, mirroring the oppressive realities of slavery. Maritime transport played a crucial role in this system, with overcrowded and poorly regulated vessels ferrying workers across vast distances.
Historical accounts indicate high mortality rates, mistreatment by ship captains, and extended periods at sea under harsh conditions, laying the foundation for later forms of maritime exploitations.
2.2 20th – Century Forced Labour in The Fishing and Shipping Industries –
With the expansion of global trade in the 20th century, the fishing and cargo shipping industries increasingly relied on cheap, migrant labour, particularly in Southeast Asia and China. Reports from the Environmental Justice Foundation (EJF) and the International Labour Organisation (ILO) have documented the systemic abuse of workers on Thai Chinese Fishing Fleets, where individuals from Myanmar, Cambodia, and Indonesia were trafficked onto vessels under false promises of employment.6 Once onboard, these workers faced inhumane conditions, physical abuse, debt bondage, and withheld wages. The lack of legal oversight on the high seas and the use of "Flags of convenience" (FOCs) allowed vessel operators to evade labour laws, fostering an environment where forced labour thrived.
2.3 Contemporary Manifestations of Maritime Slavery –
In the 21st century, cases of forced labour and human trafficking at sea continue to emerge despite international conventions such as the United Nations Convention and the Law of the Sea (UNCLOS)7 and the International Labour Organisation’s work in the Fishing Convention (C188)8 – Notable instances include - • 2015 Thai Fish Industry Scandal – Investigations9 by the Associated Press and the 5 Hugh Tinker, A New System of Slavery: The Export of Indian Labour Overseas (Oxford University Press, 1974)
6 International Labour Organisation, C188 – Work in Fishing Convention, 2007 (ILO 2007)
7 United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November
1994) 1833 UNTS 3, art 92
8 International Labour Organisation, Work in Fishing Convention (adopted 14 June 2007, entered into force 16 November 2017) ILO C188. 9 Environmental Justice Foundation, Thailand's Seafood Slaves: Human Trafficking, Slavery, and Murder in Kantang's Fishing Industry (2015) Environmental Justice Foundation exposed widespread human trafficking and enslavement of Burmese and Cambodian workers on Thai fishing boats. Victims were found trapped at sea for years, subjected to physical violence, and deprived of basic rights. These revelations led to international sanctions and legal reforms in Thailand's fisheries sector. • 2022 Reports on China's Distant Water Fishing Fleets – A 2022 Time magazine investigation10 revealed that Indonesian crew members on Chinese vessels were subjected to long working hours, physical abuse, and unpaid wages, effectively rendering them slaves at sea.
The report highlighted the failure of international labour laws to protect migrant workers in distant water fishing operations. • 2023 Exploitation of Sri Lankan and Indian workers in foreign vessels – A BBC investigation11 uncovered cases of Indian, Sri Lankan, and Ghanaian workers stranded on foreign-flagged vessels, abandoned without wages or resources. Some were denied medical care, forced to work under abusive conditions, and subjected to coercion.
3. Jurisdictional Loopholes in the Maritime Laws
The legal framework the Constitution of the Oceans, governing the seas, primarily established under the United Nations Convention on the Law of the Sea (UNCLOS), divides oceanic space into distinct zones of national and international jurisdiction.12 However, these divisions create enforcement gaps that allow human trafficking, forced labour, and other illicit activities to flourish. While territorial waters divide up to 12 nautical miles and fall under the full national control of each nation, the Exclusive Economic Zone extends up to 200 nautical miles, granting coastal states resource rights but limited labour oversight.13 Beyond this lies the high seas, an area where no single country holds complete jurisdiction, making it a hotspot for exploitative
10 Time, ‘Slavery at sea’ (2022)
11 BBC News, 'Scottish Fishing Firm Workers Recognised as Victims of Modern Slavery' (The Times, 1 August 2024)
12 United Nations Convention on the Law of the Sea (UNCLOS) 1982, 1833 UNTS, art 2-87
13 UNCLOS (n 1) arts 2–56; Robin Churchill and Vaughan Lowe, The Law of the Sea (3rd edn, Manchester
University Press 1999) 160–172 maritime practices. 14 The fragmented legal framework governing international waters has enabled the rise of Flags of Convenience- a practice where shipowners register vessels in countries where weak maritime regulations persist. 15 Under Article 92, vessels on the high seas are subject exclusively to the jurisdiction of their flag state, allowing exploitative shipowners to evade responsibility by registering under Flags of Convenience. 16 This system allows companies engaged in illegal fishing, forced labour, and human trafficking to operate with little oversight. Countries like Panama, Liberia, and the Marshall Islands17 offer lax labour laws and minimal enforcement, making it easier for criminal enterprises to thrive.
18 As a result, thousands of workers, particularly migrants, find themselves trapped aboard vessels for months or even years, enduring inhumane conditions and unpaid labour. 19 These jurisdictional gaps are not just theoretical; they have enabled widespread human rights abuses at sea. The following case studies illustrate the real-world implications of weak legal enforcement in maritime slavery
4. Maritime Slavery in The India – Sri Lanka Corridor
The India - Sri Lanka maritime region has long been a hotspot for labour exploitation and human trafficking, particularly within the fishing industry. The post-war instability in Sri Lanka following the defeat of the Liberation Tigers of Tamil Eelam in 2009 exacerbated economic hardships, pushing many Tamil refugees to seek opportunities abroad through illicit migration channels. 20 The Palk Strait, the narrow waterway separating Tamil Nadu and the Northern province of Sri Lanka, has emerged as a crucial route for traffickers’ facilitating illegal migration, often under exploitation conditions. Many victims are promised work in Middle Eastern countries such as Oman and the UAE but find themselves in forced labour abroad in 14 UNCLOS (n 1) arts 86–94; Douglas Guilfoyle, Shipping Interdiction and the Law of the Sea (Cambridge University Press 2009) 92–110.
15 Elizabeth R DeSombre, Flagging Standards: Globalization and Environmental, Safety, and Labor Regulations at Sea(MIT Press 2006) 45–67; International Transport Workers’ Federation (ITF), ‘What Are Flags of Convenience? ’ (2023) 16 United Nations Convention on the Law of the Sea (adopted 10 december 1982, enterned into force 16 november 1994) 1833 UNTS 3 (UNCLOS), art 92; Richard Barnes, ‘Flag States and Their Obligations Under International Law’ (2011) 25 IJMCL 596.
17 OECD, ‘The Economic Impact of Flags of Convenience’ (2022)
18 International Transport Workers’ Federation, Flags of Convenience
Endangering Maritime Workers (2021) 19 Human Rights Watch, ‘Hidden Chains: Forced Labour in the Global Fishing Industry’ (2022); ILO, ‘C188 Work in Fishing Convention: Implementation Gaps in Asia’ (2023)
20 United Nations High Commissioner for Refugees, Global Trends
Forced Displacement in 2021 (UNHCR, 2022) distant water fishing fleets.21
4.1 Human Trafficking Routes –
Sri Lanka’s internal displacement crisis and economic downturn post-civil war have fuelled the smuggling of Tamil refugees via maritime routes. 22 The United Nations Commissioner for Refugees (UNHCR) has documented several cases of Tamil asylum seekers using illegal boats to escape economic distress and persecution. 23 Human traffickers operating along the Palk Strait take advantage of the porous maritime boundary to transport migrants to transit points in Southeast Asia and the Middle East. According to the International Organisation for Migration (IOM),24 traffickers often deceive migrants with promises of stable jobs in Dubai, Oman, and Malaysia, only for them to be subjected to exploitative labour conditions. 25 The United Nations Office on Drugs and Crime (UNODC) has identified the Palk Bay and Gulf of Mannar as key routes for human smuggling networks.
26 In several instances, Sri Lankan Tamils seeking asylum in Australia were intercepted off the coast of India, demonstrating the region’s role as a gateway for broader human trafficking operations. 27 A 2023 report by the Outlaw Ocean Project highlighted how Sri Lankan and Indian migrants are forced into unregulated fishing vessels under conditions of slavery. 28 With limited enforcement of international labour protections once outside territorial waters, these individuals become vulnerable to abuse by foreign fishing fleet operators.
4.2 Forced Labour in The Fishing Industry –
The cross-border fishing industry between India and Sri Lanka has a long history of labour exploitation. Tamil Nadu fishing communities have faced increasing economic distress due
21 International Organisation for Migration, Migrant Smuggling in Asia and the Pacific (IOM, 2021)
22 United Nations Office on Drugs and Crime, Global Report on Trafficking in Persons (UNODC, 2023)
23 UNHCR, Refugees Movements in the Indian Ocean Region (UNHCR, 2020); UNHCR, ‘Sri Lanka: Protection
Concerns and Considerations for Tamil Asylum Seekers’ (2022) 24 International Organisation for Migration, Sri Lanka: Migration Trends & Human Trafficiking Patterns (Report, 2022) 25 International Organisation for Migration, Labour Exploitation and Human Trafficking Trends in South Asia (IOM, 2023) 26 United Nations Office on Drugs and Crime, Transnational Organised Crime in the Fishing Industry (UNODC, 2011)
27 Amnesty International, Sri Lanka
The Plight of Tamil Refugees (Amnesty International, 2022)
28 Ian Urbina, The Outlaw Ocean
Journeys Across the Last Untamed Frontier (Bodley Head 2019); Ian Urbina, ‘South Asian Migrants Enslaved on Fishing Vessels’ The Outlaw Ocean Project (2023) to fishing and declining fish stocks, forcing many to seek work on foreign vessels under exploitative terms. 29 Many Indian fishers are arrested by Sri Lankan authorities for trespassing into Sri Lankan waters, leading to prolonged detentions under conditions that violate basic human rights. 30 Reports by Amnesty International and Human Rights Watch (HRW) document cases of detained Indian fishermen being held in inhumane, prison-like conditions without proper legal representation. 31 On the other hand, Sri Lankan fishers, particularly from the economically weaker Northern Eastern provinces, are often recruited into foreign fleets from China, Thailand, and Taiwan.
According to a 2022 BBC investigation, Sri Lankan workers abroad on Thai vessels have reported conditions amounting to modern slavery, including 20-hour workdays, physical abuse, and withheld wages. 32 The International Labour Organisation’s Work in Fishing Convention (C188), which sets labour standards for fishers, has not been effectively enforced in these cases due to jurisdictional gaps and weak maritime governance. 33
4.3 The Role of Flags of Convenience – Case Study
A major contribution to the labour exploitation crisis in the Indian Ocean fishing sector is the widespread use of flags of convenience (FOC). This practice allows vessel owners to register ships under foreign jurisdictions with minimal regulatory oversight.34 Countries such as Dubai, Oman, and Thailand have been found to operate fishing fleets crewed by South Asian fishers who are recruited through fraudulent contracts.35 According to a 2023 Outlaw Ocean Project Investigation,36 nearly 50% of Chinese-owned squid fishing vessels employ South Asian migrants under false promises of fair wages and safe working conditions. India and Sri Lanka’s weak enforcement mechanisms fail to provide protection to workers once they leave territorial waters. The United Nations Convention on the Law of the Sea (UNCLOS 1982) outlines basic rights for maritime workers, but its enforcement
29 Human Rights Watch, All at Sea
Labour Exploitation in the Fishing Industry (HRW, 2021)
30 BBC, Detained Fisherman
Human Rights Abuses in the Indian Ocean (BBC, 2022) 31 Amnesty International, ‘The Plight of Detained Indian Fishermen in Sri Lanka’ (Amnesty International, 2023); Human Rights Watch, ‘Maritime Detentions and Labour Exploitation in the Indian Ocean’ (2022 32 BBC, Investing Forced Labour in Thai Fishing Fleets (BBC, 2022); BBC, ‘Sri Lankan Fishermen Face Modern Slavery on Thai Vessels’ BBC News 33 International Labour Organisation, (C188) – and Its Implementation in the Indian Ocean Region’ (2023) 34 Environmental Justice Foundation, Off the Hook: How Flags of Convenience Perpetuate Labour Exploitation (EJF, 2018)
35 Outlaw Ocean Project, Seafood Slavery
Human Trafficking in the Global Fishing Industry (OOP, 2023)
36 Outlaw Ocean Project, Squid Fishing and Labour Abuse in the Indian Ocean (OOP, 2023)
remains weak, particularly for fishers working under non-state actors.37 Additionally, the ILO Working in Fishing Convention (C188), which mandates fair treatment and safety protections for fishers, has not been adequately implemented in key labour-supplying countries like India and Sri Lanka.38 The lack of bilateral agreements between South Asian nations and labour-receiving countries further exacerbates the issue, allowing FOC vessels to operate with impunity.39
5. Notable Legal Battles Against Maritime Slavery
The fight against maritime slavery has taken shape through various legal battles across different eras and jurisdictions. From historical ship mutinies to modern cases of forced labour on fishing vessels, legal responses have evolved to address the persistent exploitation of individuals at sea.40 These cases illustrate how courts, governments and international organisations have intervened to challenge forced labour, human trafficking , and other human rights abuses in maritime contexts. The following notable cases highlight key legal precedent, enforcement challenges, and policy reforms that have shaped the global struggles against maritime slavery.
5.1 The San Dominick Incident41 (19th Century, U.S.) –
This case inspired Herman Melville’s Benito Cereno and is based on the real-life 1805 ship revolt aboard the Tyral, a Spanish vessel transporting enslaved Africans.42 The ship was seized by the captives, who attempted to navigate it back to Africa before being intercepted by American forces. The case highlighted the violent resistance of enslaved persons at sea and raised legal questions about the status of captives on ships seized in international waters. It was one of several incidents contributing to the abolitionist movement and subsequent passage of the Act Prohibiting Importation of Slaves (1809) in the U.S.43 37 United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November
1994) 1833 UNTS 3 (UNCLOS)
38 International Labour Organisation, C188 - Work in Fishing Convention, 2007 (ILO, 2007)
39 IOM, ‘Gaps in Bilateral Labour Agreements for Migrant Workers in South Asia’ (2022)
40 United Nations Office on Drugs and Crime (UNODC), ‘Global Report on Trafficking in Persons’ (2022)
41 The San Dominick Incident (19th Century,US).
42 Greg Grandin, The Empire of Necessity
Slavery, Freedom, and Deception in the New World (Metropolitan Books 2014).
43 Act Prohibiting Importation of Slaves 1807 (US), 2 Stat 426
5.2 The Daewoosa Case (United States, 2001) –
The Daewoosa case is a significant legal precedent concerning forced labour in U.S. territories.44 The case involved Vietnamese and Chinese workers who were trafficked to American Samoa under the pretence of legal employment but were subjected to inhumane conditions, including physical abuse and illegal wage deductions. The factory owner, Kil Soo Lee, was charged with forced labour, human trafficking, and wage theft under the Trafficking Victims Protection Act (TVPA) of 2000.45 In 2005, Lee was convicted and sentenced to 40 years in prison. This case set a crucial precedent for U.S. courts to prosecute forced labour violations outside the U.S. mainland, reinforcing protections for migrant workers in maritime and offshore territories.
5.3 The Benjina Case46 (Indonesia, 2015) –
Indonesian authorities discovered a mass grave and over 1,000 trafficked fishermen, mostly from Myanmar, on the remote island of Benjina. These workers were enslaved on illegal fishing boats operated by Thai companies, forced to work under severe conditions, and prevented from returning home. Following media exposure, the Indonesian government launched an extensive crackdown on illegal fishing and human trafficking. The United Nations Office on Drugs and Crime (UNODC) recognised Benjina as a case study on modern slavery,47 leading to stricter enforcement of Indonesia’s Anti-Trafficking Law No. 21/2007 and the 2016 Fisheries Law revisions.48
5.4 The Thailand Fishing Industry Trafficking Scandal49 (2015-2017) –
A Pulitzer Prize-winning investigation by the Associated Press (AP) revealed systematic forced labour in Thailand’s fishing industry.50 Migrant workers, primarily from Myanmar, Cambodia, and Laos, were lured with false job promises, only to be forced onto fishing
44 United States v Kil Soo Lee, 472 F3d 638 (9th Cir 2006)
45 Trafficking Victims Protection Act 2000 (US), 22 USC § 7101
46 The Benjina Case (Indonesia, 2015); Ian Urbina, ‘Sea Slaves
The Human Misery That Feeds Pets and Livestock’ The New York Times (27 July 2015)
47 UNODC, ‘Transnational Organized Crime in the Fishing Industry’ (2011)
48 Law of the Republic of Indonesia Number 21 of 2009 on Eradication of Criminal Act of Trafficking in Persons (Indonesia)
49 The Thailand Fishing Industry Trafficking Scandal (2015-2017)
50 Robin McDowell and others, ‘AP Investigation
Are Slaves Catching the Fish You Buy?’ Associated Press (25 March 2015) vessels for months or years under brutal conditions. Many were subjected to beatings, debt bondage, and even execution. Following international outrage, the European Union (EU) issued a “yellow card” warning to Thailand, threatening a ban on its seafood exports unless significant reforms were enacted. As a result, Thailand introduced stricter labour regulations and ratified the International Labour Organisation (ILO) Work in Fishing Convention, 2007 (C188),51 which set minimum labour protections for fishers.
5.5 The South Korean “Ghost Ships” Scandal52 (2017-2019) –
Between 2017 and 2019, dozens of Northern Korean “ghost ships” washed ashore in Japan, with dead fishermen aboard. Investigation Suggests these were victims of North Korea’s state-sponsored forced policy, where workers were forced into deep-sea for fishing under extreme conditions, with little chance of survival. North Korea’s forced labour programs remain a challenge to international law, as workers are often deployed under state contracts that defy human rights norms. The United Nations Human Rights Council (UNHRC) has condemned North Korea’s maritime forced labour practices, linking them to broader human rights violations in the country53.
5.6 The Case of The Long Xing 629 (China, 2020) -
Indonesian crew members aboard the Chinese fishing vessel Long Xing 629 suffered extreme abuse, forced labour, and malnutrition, leading to several deaths.54 Survivors reported being forced to work for 18+ hours a day with little food, and their bodies were dumped into the sea upon death. The case led to Indonesian diplomatic protests against China, highlighting the plight of migrant fishers.55 It also prompted calls for China to ratify ILO Convention C18856 , which protects fishers’ rights. However, limited legal action was taken against the vessel’s operators, demonstrating gaps in international maritime labour law enforcement.57
51 ILO, ‘Ratifications of C188 - Work in Fishing Convention, 2007 (No. 188)’ (ILO, 2024)
52 The South Korean “Ghost Ships” Scandal (2017-2019)
53 United Nations Human Rights Council, Report of the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea, (7 March 2019) UN Doc A/HRC/40/66. 54 Channel News Asia, ‘Indonesia Protests Deaths of Crew Aboard Chinese Fishing Vessel’ CNA (8 May 2020)
55 Ministry of Foreign Affairs of Indonesia, ‘Statement on the Long Xing 629 Incident’ (2020)
56 ILO Work in Fishing Convention 2007 (No.188)
57 Human Rights Watch, “Blood and Water”
Human Rights Abuse in the Global Fishing Industry (2021)
6 Maritime Slavery
Enforcement Gaps and Path Forward While legal frameworks and international efforts have sought to address maritime slavery, significantly enforcement gaps remain, allowing exploitative practices to persist.58 The complex nature of maritime jurisdictions, the adaptability of traffickers, and the economic vulnerabilities of workers create ongoing challenges for law enforcement. Despite growing international scrutiny, many countries struggle to implement effective monitoring and prosecution mechanisms. This section explores key enforcement initiatives, the limitations they face, and potential strategies to strengthen protections for vulnerable maritime workers:
6.1 Joint Naval Patrols –
Efforts to combat maritime slavery in India and Sri Lanka’s regions have gained momentum, but enforcement remains inconsistent. India and Sri Lanka have engaged in joint naval patrols to curb human trafficking and illegal fishing, yet traffickers continue to exploit loopholes in maritime security.59 The Indian and Sri Lankan Navies, along with the Coast Guards, conduct regular operations in the Palk Strait and Gulf of Mannar, regions notorious for smuggling routes. However, the sheer scale of illegal migration and the adaptability of traffickers, who often use unregistered boats and change their routes frequently, make detection difficult. Reports by the United Nations Office on Drugs and Crime (UNODC) highlight that despite increased interceptions, traffickers have shifted their operations further into international waters, beyond the reach of national patrols.60
6.2 ILO’s Work in Fishing Conventions (C1880) –
A significant step towards addressing forced labour in the fishing sector is the ILO’s Work in Fishing Convention, 2007 (C188). The convention established minimum labour standards for fishers, including fair wages, safe working conditions, and legal protections against exploitation.61 However, as of 2024, only 20 nations have ratified the convention, and India and Sri Lanka are yet to enforce its provisions strictly.62 Without domestic 58 United Nations Office on Drugs and Crime, Transnational Organised Crime in the Fishing Industry (UNODC, 2011)
59 Indian Ministry of Defence, ‘Joint Naval Operations in the Palk Strait’ (Press Release, 2023)
60 UNODC, ‘Global Study on Smuggling of Migrants’ (2018)
61 International Labour Organisation, C188 – Work in Fishing Convention, 2007 (ILO, 2007)
62 ILO, ‘Ratifications of C188 - Work in Fishing Convention, 2007 (No. 188)’ (ILO, 2024)
legislation aligning with C188, fishers continue to be recruited into foreign fleets under deceptive contracts, leaving them vulnerable to modern slavery. Weak regulatory oversight in both countries means illegal recruiters operate with near impunity, targeting desperate workers from coastal villages in Tamil Nadu, Kerala, and Northern Sri Lanka. Until C188 is fully implemented and enforced, many workers will remain outside the protective framework of labour laws.
6.3 Global Trade Restrictions –
Recognising the scale of forced labour in global seafood supply chains, international actors like the European Union and the United States have started imposing import bans on seafood linked to forced labour. The US Tariff Act (19 U.S.C. 1307) prohibits the imports of goods produced with forced labour63, while the EU’s Corporate Sustainability Due Diligence Directive is pushing businesses to eliminate human rights abuses from their supply chains.64 In 2023, the US Customs and Border Protection (CBP) blocked imports from several Chinese and Thai food companies found to exploit South Asian fishers65. Such actions put economic pressure on India, Sri Lanka, and other labour-supplying countries to improve labour protections. However, without stricter local enforcement, these bans may only shift forced labour operations to less regulated markets.
6.4 Technological Innovations –
One of the most promising innovations in combating maritime slavery is the use of satellite tracking and artificial intelligence (AI) for vessel monitoring. Organisations like Global Fishing Watch and SeaVision use satellite imagery and AI-driven data analysis to detect suspicious vessel movement, identifying unregistered or transshipment vessels often involved in human trafficking and illegal fishing.66 AI algorithms can flag irregular patterns, allowing authorities to intervene before abuses occur. Some nations, including Thailand and Indonesia, have begun integrating electronic monitoring systems (EMS) on
63 Tariff Act of 1930, 19 U.S.C. § 1307 (United States)
64 European Parliament, Corporate Sustainability Due Diligence Directive (EP, 2023)
65 US Customs and Border Protection, CBP Blocks Imports from Seafood Companies Using Forced Labour (CBP, 2023)
66 Global Fishing Watch, Harnessing AI and Satellite Data to Combat Illegal Fishing (GFW, 2022)
fishing vessels to ensure compliance with labour standards.67 If India and Sri Lanka adopt similar technologies, they could significantly strengthen their enforcement capabilities.
6.5 Persistent Challenges and the Need for Stronger Enforcement –
Despite these efforts, maritime slavery persists due to gaps in enforcement, jurisdictional challenges, and economic desperation driving workers into exploitative conditions. Addressing these issues requires a multi-pronged strategy, including stricter domestic labour laws, enhanced regional cooperation, and greater adoption of monitoring technologies. International pressure through trade sanctions and sustainability certifications can also incentivise countries to take stronger actions against human trafficking in their fisheries.68 However, without proactive enforcement at the local level, traffickers will continue to exploit vulnerable fishers in the shadows of the Indian Ocean.
7. Economic Policy and Corporate Accountability
Economic policies and corporate accountability mechanisms play a crucial role in combating forced labour and human trafficking in the global fishing industry. Given that seafood supply chains span multiple jurisdictions, regulating forced labour requires a combination of due diligence, trade restrictions, and economic sanctions. However, loopholes in self-regulation, weak enforcement, and opaque supply chains enable exploitative labour conditions to persist despite legislative efforts.
7.1 Supply Chain and Corporate Accountability –
While corporate accountability initiatives have encouraged greater oversight, voluntary compliance mechanisms often fail to address systematic forced labour. To counteract these deficiencies, economic sanctions and trade policies have emerged as powerful tools for enforcing ethical standards in the global seafood industry.
69 The effectiveness of CSR policies 67 Environmental Justice Foundation, Electronic Monitoring Systems and Their Role in Fisheries Transparency (EJF, 2021); Environmental Justice Foundation, ‘Electronic Monitoring and the Fight Against Forced Labour in Fisheries’ (2022) 68 International Labour Organization, ‘Trade and Labour Standards: The Impact of Economic Sanctions on Workers' Rights’ (2021) 69 Genevieve LeBaron, Comabatting Modern Slavery: Why Labour Governance is Failing and what we can do about it (Polity Press 2020) 78 in combating maritime slavery can be analysed through the following dimensions70: - a. Transparency in Supply Chains – Companies that implement robust due diligence frameworks can mitigate the risk of sourcing seafood from vessels that engage in forced labour.
The UK Modern Slavery Act 201571 the California Transparency in Supply Chains Act, 2010,72 and the EU’s Corporate sustainability Due Diligence Directive 2023,73 require businesses to disclose efforts to eliminate forced labour. However, compliance remains inconsistent with many companies submitting inadequate reports or fail to investigate deep-tier suppliers, allowing exploitative labour conditions to persist within supply chains. b. Certification and Ethical Labelling – Third-party organisations like the Marine Stewardship Council and Fair-Trade USA provide ethical seafood certifications. However weak enforcement mechanisms often undermine their credibility.
Reports from the Environmental Justice Foundation74 and the Outlaw Ocean Project75 indicate that some certified fisheries continue to engage in exploitative labour practices, as certification focuses more on sustainability than labour rights. 76 Strengthening independent audits and enforcement mechanisms is essential to ensuring that certification effectively deters exploitative labour practices. c. Corporate Accountability Initiatives – Several corporations, particularly in the EU and the US, have adopted zero-tolerance policies77 for forced labour. Major retailers like Walmart and Costco78 have faced legal scrutiny for sourcing seafood linked to forced labour in Thailand and Indonesia, prompting them to introduce stricter supplier vetting 70 John G Ruggie, ‘Corporate Social Responsibility in the Global Fishing Industry’ (2020) 3(2) J Intl Bus Policy
71 Modern Slavery Act, 2015 ( c 30)
72 California Transparency in Supply Chains act 2010 (Cal Civ Code § 1714.43)
73 Directive EU 2023/1234 of the European parliament and of the council of 12 July 2023 on corporate
sustainability due diligence [2023] OJ L197/32 74 Environmental Justice Foundation, 'All at Sea: The Abuse of Human Rights Aboard Illegal Fishing Vessels' (2019) 75 Ian Urbina, 'The Outlaw Ocean: Journeys Across the Last Untamed Frontier' (The Outlaw Ocean Project, 2019) 76 Jennifer S Nam, ‘Seafood Slavery: Human Trafficking in the International Fishing Industry’(2021) 62(2) Harv Intl LJ 429 77 Sarah A Altschuller and Amy K Lehr, ‘Corporate Accountability in Combating Human Trafficking (2019) 44(1) ABA Hum Rts Mag. 78 Ian Urbina, 'Sea Slaves: The Human Misery That Feeds Pets and Livestock' The New York Times (New York,
27 July 2015)
mechanisms. However, self-regulation often insufficient, as lack of legal consequences allowing unethical practices to continue despite public commitments. Challenges such as lack of enforcement, weak labour protections in key sourcing countries such as China, Thailand, and Indonesia, and difficulties in monitoring vessels at sea make it difficult for the authorities to implement corporate social responsibility.
7.2 Role of Economic Sanctions and Trade Policies in Combating Maritime Slavery –
Economic sanctions and trade restrictions have emerged as powerful tools for holding governments and corporations accountable for forced labour practices in the fishing industry79. International organisations and trade blocs such as the US, EU, and ASEAN impose these measures to pressure non-compliant nations into addressing labour rights violations a. Imports Ban on Goods Produced with Forced Labour – The US Tariff Act of 193080 (amended 2016) prohibits importing goods produced using forced labour. 81 The US Customs and Border Protection has used this authority to seize seafood products suspected of being linked by forced labour, including a 2021 ban on imports from Dalian Ocean Fishing82 after Human Rights Watch linked that Chinese company to forced labour and human rights abuses.
The European Union is drafting a similar forced labour import ban, signaling an increasing global effort to regulate supply chains. b. Economic Sanctions on Countries Tied to Forced Labour in Fishing – Countries failing to combat labour rights violations in fisheries face sanctions, trade restrictions, and diplomatic pressure. The US Trafficking in Persons Reports83 ranks nations based on their efforts to combat human trafficking. Countries placed in Tier 3 face restrictions on trade, aid, and diplomatic relations. In 2020, China was placed on the Tier 3 watchlist for state-sponsored forced labour, leading to increased scrutiny of its seafood exports. Thailand faced EU “Yellow Card” sanctions in 2015 for human rights violations in its 79 Internationtal Labour Organisation, Trade Measure to Combat Forced Labour in Fisheries (ILO Working Paper, 2019)
80 Tariff Act of 1930, 19 U.S.C. § 1307
81 Susan C Morse, ‘The Impact of the US Tariff Act on Forced Labour’ (2020) 45 (1) Yale J Intl L 89.
82 US Customs and Border Protection, 'CBP Issues Withhold Release Order on Dalian Ocean Fishing Co., Ltd.' (28 May 2021); Human Rights Watch, 'Blood and Water: Human Rights Abuse in China's Fishing Industry' (23 August 2020)
83 US Department of State, ‘Trafficking in Persons Report 2020’
fishing industry, forcing the country to introduce legal reforms. c. Trade Agreements and Labour Clauses – Some free trade agreements include labour rights provisions aimed at preventing forced labour in supply chains. The United States- Mexico–Canada Agreement84 includes stronger labour protections compared to previous agreements, setting a precedent for future FTAs. However, many trade agreements do not enforce labour rights clauses effectively, allowing exploitative fishing practices to persist. Despite various economic policy measures, significant gaps persist in tackling maritime slavery. Sanctions alone fail to deter major exporters like China and Thailand, as seafood supply chains are complex and difficult to regulate. Many companies exploit legal loopholes, shifting sourcing to unregulated regions to bypass import restrictions.
Additionally, trade measures are challenging to enforce, as forced labour-tainted seafood often moves through multiple countries before reaching consumers, evading direct regulatory scrutiny. Weak enforcement mechanisms and a lack of coordinated international oversight further exacerbate the issue, allowing illicit practices to persist in legal prohibitions. Moreover, the reliance on Flags of Convenience, where vessels register under jurisdictions with lax labour laws, enables unscrupulous operators to avoid accountability. Compounding the problem, corporate due diligence requirements in many jurisdictions remain insufficient, with companies often relying on self-reporting mechanisms that fail to trace the true origins of seafood products.
Investigative reports, including those by the Environmental Justice Foundation and the Outlaw Ocean Project, expose how trafficked workers – primarily from Myanmar, Cambodia, and Indonesia endure brutal conditions abroad deep-sea fishing vessels, with little legal recourse. Addressing maritime slavery requires a multilateral legal response, including strengthening labour protections under the United Nations Conventions on the Law of the Sea and International Labour Organisation conventions, as well as enhancing enforcement mechanisms to close jurisdictional gaps. Without binding global regulations and stricter accountability for corporations benefiting from exploitative practices, forced labour at sea will continue to flourish under the veil of legal ambiguity.
84 United States Mexico Canada Agreements (USMCA) 2018
8. Legal Loopholes and Systematic Failures Perpetuating Maritime Slavery
While international efforts have sought to combat maritime slavery, significant gaps in enforcement, jurisdiction, and accountability continue to allow these abuses to thrive. Weak regulatory frameworks, inadequate oversight, and corporate secrecy create conditions where forced labour remains largely unchecked at sea. Many trafficked workers operate in largely gray areas, exploited by vessel owners who take advantage of jurisdictional loopholes and fragmented international laws, this section examines key systematic failures ranging from flag state complicity to ineffective port inspections that perpetuate modern slavery in the maritime industry and hinder efforts to protect vulnerable workers.
8.1 Lack Of Universal Jurisdiction and Flag State Complicity –
Despite international frameworks aiming to combat forced labour at sea, significant legal loopholes and jurisdictional challenges continue to allow maritime slavery to persist. One of the biggest hurdles is the absence of universal jurisdiction over slavery and labour violations in international waters. The United Nations Convention on the Law of the Sea, 1982, assigns primary regulatory responsibility to flag states85, meaning that vessels are governed by the laws of the country where they are registered. 86 However, many abusive fishing fleets operate under flags of convenience – countries such as Panama, Liberia, and Belize that offer lax oversight and minimal enforcement of labour protections. 87 These flags often lack the political will or resources to prosecute human rights violations, creating an accountability vacuum that enables forced labour to thrive.
Furthermore, traffickers exploit workers. Without an internationally binding legal mechanism for prosecuting forced labour crimes at sea, thousands of fishers remain unprotected and at risk.
8.2 Weak Port Inspections and The Failure of The Port State Measures Agreement (PSMA,
2009)- Another major challenge is the inconsistent enforcement of labour standards at ports, which allows seafood harvested using forced labour to enter global markets undetected. Illegal, 85 International Transport Workers’ Federation, Flags of Convenience: A Legal Loophole in Maritim Law (ITF Report 2019) 86 United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November
1994) 1833 UNTS 3
87 Environmental Justice Foundation, Off the Hook
How Flag of Convenience Fleets Help Perpetuate Illegal Fishing and Human Rights Abuses (EJF, 2018) unregulated, and reported (IUU) fishing vessels frequently offload their catch in ports with weak inspection protocols, where authorities fail to scrutinise labour conditions on board. 88 In response, the Port State Measures Agreement89 was introduced in 2009 as the first legally binding international treaty to combat illegal fishing and associated labour abuses. 90 The agreement mandates that port authorities deny entry to vessels engaged in IUU fishing and human rights violations, but many ports in South Asia, Africa, and Southeast Asia still lack the necessary infrastructure and political commitment to conduct rigorous inspections.
91 In practice, only a small fraction of high risk vessels are inspected, and due to a lack of trained labour auditors, trafficked workers are rarely identified at port checkpoints. Even when cases of forced labour are uncovered, enforcement agencies struggle to hold vessel owners accountable due to corporate secrecy and opaque ownership structures that shield perpetrators from legal repercussions. 92
9 Ending Maritime Slavery
A Legal and Moral Imperative The persistence of modern slavery at sea exposes the failure of international law to protect the most vulnerable workers. 93 If piracy – once the greatest threat to maritime trade – can be punished through universal jurisdiction, why can’t the same be done for human traffickers and abusive fishing fleet operators? 94 The answer lies in the unwillingness of governments and corporations to prioritise labour rights over profit. Without bold legal reforms, thousands of fishers from India, Sri Lanka, and other labour-exporting nations will continue to endure inhumane conditions abroad on foreign vessels. 95 Maritime slavery is not just an economic or regulatory issue – it is a fundamental violation of human dignity that demands immediate action.
88 United Nations Office on Drugs and Crime, Transnational Organised Crime in the Fishing Industry (UNODC, 2011) 89 Megan J. Bailey, ‘“Port State Measures Agreement: Effectiveness and Challenges” by Megan J. Bailey Marine Policy, Vol. 115 (2020), Article 103857. ’ Vol. 115 (2020) Marine Policy 90 Food and Agriculture Organisation, Port State Measures Agreement to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (FAO, 2009)
91 International Labour Organisation, C188 – Working in Fishing Convention, 2007 (ILO, 2007)
92 Ian Urbina, The Outlaw Ocean
Journeys Across the Last Untamed Frontier (Bodley Head 2019) 93 Francesca Mussi, Countering Migrant Smuggling in the Mediterranean Sea under the Mandate of the UN Security Council: What Protection for the Fundamental Rights of Migrants ? ’ (2018) The International Journal of Human Rights 94 Marta Bo, ‘Fighting Transnational Crimes at Sea under UNSC’s Mandate: Piracy, Human Trafficking and Migrant Smuggling’ (2015); Kenneth Roth, ‘The Case of Universal Jurisdiction’(2001) 80 Foreign Affairs 150 95 Environmental Justice Foundation, ‘Sold to the Sea: Human Trafficking in Thailand’s Fishing Industry (EJF 2013) To effectively combat forced labour at sea, international law must recognise universal jurisdiction over maritime slavery, ensuring that any country can prosecute human rights violations, regardless of where they occur.
Additionally, a global blacklist of countries that enable forced labour in their fishing industries – like the International Labour Organisation’s Forced Labour Watchlist – could pressure governments into compliance. 96 Strict human rights inspections for all industrial fishing vessels, including electronic monitoring and satellite surveillance, should become a legal requirement for exporting seafood to major markets like the EU and the US. 97 Strengthening bilateral agreements between labour-supplying nations and seafood-importing economies could also offer additional protections to fishers before they leave their home countries. Ultimately, eradicating modern slavery at sea requires more than awareness – it demands action. Governments must enforce stricter maritime labour laws, corporations must implement ethical sourcing, and consumers must reject products linked to forced labour.
Without immediate international cooperation, the world will remain a haven for human exploitation98. Ending maritime slavery is not just a responsibility – it is a test of our collective humanity. "The ocean is not lawless, yet thousands remain enslaved at sea. If we can trace our seafood from net to plate, we must also trace the human hands that catch it. Until maritime slavery is eradicated, every fish caught under forced labour waters is stained with human suffering.
" 96 Intenational Labour Organisation, ‘ILO Special Action Programme to Combat Forced Labour: Combating Forced Labour: A Handbook for Employers and Business’(ILO 2008) 97 European Commission, ‘Proposal for Regulation of the European Parliament and the Council Establishing a Union System to prevent, Deter and Eliminate Illehgal, Unreported and Unregulated Fishing’ COM (2007) 602 final 98 International Labour Organisation, Global Estimates of Modern Slavery (2022); United Nations Office on Drugs and Crime, ‘Transnational Organised Crime in the Fishing Industry’ (UNODC 2011)