One FCV reflagged

March 8th, 2013 at 1:00 pm by David Farrar

Simon Bridges announced:

The first reflagging of a foreign charter fishing vessel as New Zealand-registered is good news for foreign crews fishing in our waters, and for New Zealand’s international reputation, say Primary Industries Minister Nathan Guy and Labour Minister Simon Bridges.

The Ukrainian fishing vessel FV Mainstream, chartered by Independent Fisheries, was today officially reflagged, bringing it under New Zealand labour, and health and safety laws.

The reflagging, carried out by Maritime New Zealand, required Independent Fisheries to ensure the vessel fully complied with New Zealand maritime rules and the Health and Safety in Employment Act 1992. Reflagging also requires the crew to have appropriate New Zealand-equivalent qualifications.

“The Government is committed to making it compulsory for all foreign charter fishing vessels to be reflagged by 2016, following concerns raised in a Ministerial inquiry last year into safety, labour, and fishing practices,” says Mr Guy.

Mr Bridges says reflagging brings the crew of foreign charter vessels under the protection of New Zealand law in terms of labour conditions and health and safety.

This is a welcome step that one ship has already reflagged.

The conditions on some FCVs was akin to slavery. There was physical and sexual abuse as well as multiple breaches of NZ laws (which could not be enforced). It had to end, and I’m proud the Government decide to do so.

Not all FCVs were a problem. In fact as I understand it the Ukranian ones had relatively few problems. It tended to be the Korean ones than used Indonesian labour. What will be interesting is when they reflag – if they do at all.

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A principled decision

May 23rd, 2012 at 11:00 am by David Farrar

David Carter and Kate Wilkinson have announced:

The Government today announced it is to require reflagging of foreign-owned fishing vessels operating in New Zealand waters to address labour, safety and fisheries practice concerns.

Primary Industries Minister David Carter and Labour Minister Kate Wilkinson say foreign-flagged fishing vessels will no longer be able to legally operate in New Zealand waters after a four-year transition period.

“The Government’s decision sends a clear message that New Zealand is serious about the fair treatment of fishing crews, the safety of vessels and its international reputation for ethical and sustainable fishing practices,” say the Ministers.

After years of abuses onboard ships operating in our EEZ, it is great to see this Government take such a strong step to stamp it out. As I have blogged about on many previous occasions, the conditions on board some ships were tantamount to slavery and sexual abuse.

This will have some economic impact on New Zealand. But if the Government did not act, the economic impact may have been greater in the long term as I think we could have faced boycotts of NZ fisheries from stores and chains in the US. But this was not just an economic issue. We can’t control how workers are paid and treated around the world. But we can and should take responsibility for what happens in our EEZ on board ships fishing NZ quota. Slavery in NZ waters is repugnant to Kiwis.

Not all foreign-flagged vessels were acting in such a barbaric way. I understand the Ukranian ships used by Sealord had no significant problems. It was mainly the Korean ships with Indonesian sailors, used by other companies. But also worth noting that such vessels can still fish here with a foreign crew. However they must be NZ flagged. The significance of this is that NZ law then applies on board them.

Under the current regime, the FCVs were contractually bound to apply NZ minimum wage laws, but some vessels got around this by having a fake set of books.  And any complaints of rape or sexual abuse could not be investigated by NZ law enforcement.

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Slavery on our seas

March 2nd, 2012 at 2:00 pm by David Farrar

In my Herald column I comment on the report of the Ministerial Inquiry into the use of and operation of foreign charter vessels. My conclusion:

The Government has already agreed to some of the recommendations, but is considering others in more detail. I believe it is important to keep the pressure on the Government to do everything they can to stop these abuses.

The problem is that its ability to act is limited, while the FCVs are flagged under the flags of other countries. This means that, for example, any rapes on board the ships are a matter for the flag state, not New Zealand, unless they are in New Zealand territorial waters (up to 12 miles out) rather than the New Zealand Exclusive Economic Zone (up to 200 miles out). This means that even these changes may prove ineffective, and the eventual solution may have to be require all vessels fishing in our EEZ to be New Zealand flagged ships. This would have adverse economic consequences, but we can’t allow these abuses to continue in our waters, by ships fishing New Zealand quota.

The problem is not the entire industry or all FCVs, but a subset of them. Those with records of repeated abuses should be ineligible to be contracted.

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More slavery on our seas

February 22nd, 2012 at 7:00 am by David Farrar

Business Week tells a story that should shame us:

On March 25, 2011, an Indonesian fisherman named Yusril became a slave. Yusril (which is not his real name, to protect his identity) is 28, with brooding looks and a swagger that compensates for his slight frame. That afternoon he went to the East Jakarta offices of PT Indah Megah Sari (IMS), an agency that hires crews to work on foreign fishing vessels. He was offered a job on the Melilla 203, a South Korea-flagged ship that trawled in the waters off New Zealand. “Hurry up,” said the agent, holding a pen over a thick stack of contracts in the windowless conference room with water-stained walls. Waving at a pile of green Indonesian passports of other prospective fisherman, he added: “You really can’t waste time reading this. There are a lot of others waiting and the plane leaves tomorrow.”

Yusril was desperate for the promised monthly salary of $260, plus bonuses, for unloading the fish. His young wife was eight months pregnant, and he had put his name on a waiting list for this opportunity nine months earlier. After taking a bus eight hours to Jakarta, he had given the agent a $225 fee which he had borrowed from his brother-in-law. Other fishermen had taken debts from loan sharks to cover the fee, and a few had sold their possessions, such as livestock, or land. The agent rushed him through signing the contracts, at least one of which was in English, which Yusril could not understand.

The terms of the first contract, the “real” one, would later haunt him. In it, IMS spelled out terms with no rights. In addition to the agent’s commission, Yusril would surrender 30 percent of his salary, which IMS would hold unless the work was completed. He would be paid nothing for the first three months, and if the job was not completed to the fishing company’s satisfaction, Yusril would be sent home and charged over $1000 for the airfare. “Satisfactory” completion was left vague. The contract only stated that Yusril would have to work whatever hours the boat operators demanded.

The last line of the contract, in bold, warned that Yusril’s family would owe nearly $3,500 if he were to run away from the ship. The amount was greater than his net worth, and he had earlier submitted title to his land as collateral for that bond. Additionally, he had provided IMS with names and addresses of his family members. He was locked in.

Slavery may be too harsh a term, but serfdom at least.

What followed, according to Yusril and several shipmates who corroborated his story, was an eight-month ordeal aboard the Melilla 203, during which Indonesian fisherman were subjected to physical and sexual abuse at the hands of the ship’s operators. Their overlords told them not to complain or fight back, or they would be sent home, where the agents would take their due. Finally, Yusril and 23 others walked off in protest when the trawler docked in Lyttleton, New Zealand. The men have seen little if any of the money they say is owed them for their work. Such coerced labor is modern-day slavery, as the United Nations defines the crime.

The owners of the Melilla ships did not respond to requests for comment.

The experiences of the fishermen on the Melilla 203 were not unique. In a six-month investigation spanning three continents, Bloomberg Businessweek found cases of debt bondage on the Melilla 203 and at least nine other ships that have operated in New Zealand’s waters.

Now let us be clear. What is happening is illegal under NZ law. The problem is now the law. The problem is enforcement and monitoring. Around half the quota went to Maori interests as party of a treaty settlement. The idea was to allow Maori to resume their traditional fishing activities, not to make money out of Indonesian slaves.

Note, that non-Maori quota holders are also doing the same.

On that boat, the Korean officers had hit Yusril in the face with fish, and the boatswain had repeatedly kicked him in the back for using gloves when he was sewing the trawl nets in cold weather. Most unnervingly, the second officer would crawl into the bunk of Yusril’s friend at night, and attempt to rape him. Sanford CEO Eric Barratt said that his company’s New Zealand observers, which they placed on all of their foreign-chartered vessels (FCVs), reported that those ships “don’t have any issues with labor abuse.”

Amazing.

The boatswain would grab crew members’ genitals as they worked or slept. When the captain of the ship drank, he molested some of the crew, kicking those who resisted. As the trawl nets hauled in the catch—squid, ling, hoki, hake, grouper, southern blue whiting, jack mackerel and barracuda, along with occasional high-priced bycatch like orange roughy—the officers shouted orders from the bridge. They often compelled the Indonesians to work without proper safety equipment for up to 30 hours straight, swearing at them if they so much as requested coffee or a bathroom break. Even when not hauling catches, 16-hour workdays were standard.

Again, this is happening in our waters.

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More abuses at sea

February 20th, 2012 at 11:00 am by David Farrar

Tina Law at The Press reports:

Another Korean-owned fishing vessel berthed at Lyttelton has been embroiled in claims of unpaid wages and human rights abuses of its crew.

Slave Free Seas, a charitable trust set up to help crew on foreign-owned fishing vessels in New Zealand, has filed papers at the High Court in Christchurch alleging the 35 Indonesian crew of the Melilla 201 are owed more than $1 million in wages, which it says they are entitled to under New Zealand law.

Lawyer and Slave Free Seas spokesman Craig Tuck said crew had also complained about verbal abuse and general ill treatment from Korean officers.

I’ve read a report documenting some of the abuses that happen on these boats. They are horrific and should not be happening in our waters. The problem is not our law – it is the lack of enforcement of it.

I think the problem is so bad, that independent observers could be warranted on all foreign crewed boats.

 

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Tim Donoghue starts blogging

February 27th, 2008 at 3:03 pm by David Farrar

Tim Donoghue recently swapped from the Independent Financial Review to the Dominion Post, and hence now contributes to their group blog – Inside the Beltway.

He did what I think is his first blog post yesterday, and it is a good one – all about the breakdown in relationships between Jim Anderton and the fishing industry. It’s a godo topic for a blog post.  While there have been individual fisheries stories, it is timely to have someone look at the overall state of the relationship. And I didn’t realise how badly Anderton has been getting hammered in court as he keeps trying to act against the Fisheries Act. Some quotes:

Last week, Parliament’s Primary Production Select Committee released a financial review paper which in part found relations between the fishing industry and the Fisheries Ministry were at a very low ebb.

Reacting to this observation Fisheries Minister Jim Anderton noted industry was going through a painful time at the moment and would do well to look in the mirror, rather than blame the ministry for its problems.

By week’s end however the boot was on the other foot and it was Anderton who needed to purchase himself a large, vertical mirror for self-examination purposes.

Anderton went on the offensive on Friday after the High Court at Wellington delivered a decision finding against him and his ministry over their handling of catching rights for orange roughly in fishing area one…

Rather than thinking about an appeal most engaged in the fishing industry hold the view Anderton and his ministry would be better off endeavouring to implement the 1996 Fisheries Act as it is actually written, rather than going off on their own little tangents.

If ever there was an example of just why relations between Anderton, his ministry and industry are at an almost all time low, it’s the Antons litigation.

Little wonder the captains of the commercial fishing industry are quietly and diplomatically asking themselves the question: who should be looking at himself in the mirror now then – eh Jim?

As I said, a very interesting blog post on an area not often followed closely.

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