SeaBOS connects the world’s seafood companies with scientists to transform industry sustainability (Part 2)
INTERVIEW
In the first part, we spoke to Tulika Bansal, who has worked as a human rights and business expert for 17 years at NGOs, the United Nations, and independent government institutes, about the various issues she has worked on, including the fisheries and aquaculture industries.
In the second part, we will discuss how the fishing and aquaculture industries, which has been reported to have many human rights issues such as slave labor and harsh working conditions, should specifically address human rights impacts.
——How should small and medium-sized seafood companies begin their human rights due diligence efforts? Can the burden on those companies be lowered? Please let me know if you have any good examples.
Indeed, small and medium-sized enterprises face more challenges in carrying out human rights due diligence. Compared to large corporations, they may have more limited resources and knowledge about human rights. First of all, large companies have a role to play. Small and medium-sized enterprises are often business partners of large corporations. Large companies should have a role in supporting small and medium-sized enterprises in providing resources and training capacity on human rights.
Second, small businesses can collaborate with industry associations. For example, working through industry associations benefits all participating companies. SMEs can work with industry organizations to develop human rights policies that apply to small and medium-sized enterprises, and small and through such industry initiatives they could receive human rights training.
Ms. Tulika Bansal, speaking at the Tokyo Sustainable Seafood Summit 2023 (second from the right) .
I believe that civil society organizations and subject matter experts have a role to play here. We can unite small and medium-sized businesses, provide training opportunities on human rights and human rights due diligence, and encourage them to take certain steps.
——Unfortunately, Japan does not have a law regarding human rights due diligence for companies. What are your thoughts on this matter?
Laws requiring companies to report on their human rights due diligence efforts were introduced in the UK in 2015 and Australia in 2019, but there have been further developments recently. Similar legislation came into force in France in 2021 and in Germany in 2023. Recently, a human rights due diligence law (Corporate Sustainability Due Diligence Directive/CS3D) for all EU member states was agreed. It will still be a few years before this law takes effect, but it is certainly a good start.
This law will be a game changer. More than 12 years have passed since the United Nations Guiding Principles on Business and Human Rights (2011) and the revised OECD Guidelines for Multinational Enterprises (2011) were introduced, bringing about certain changes. Although corporate awareness of human rights is increasing, unfortunately human rights violations continue to exist.
Laws will push businesses to move in the direction of protecting human rights. Companies are required to demonstrate what efforts they are making regarding human rights issues. If you do nothing, you will be held responsible and could be subject to law suits. These laws provide strong incentives for companies to address human rights issues. Legal risks are important because they influence the direction of corporate activities.
——40% of the seafood consumed in Japan is imported. What points do you think seafood distributors should keep in mind when improving human rights issues overseas?
40% is a high number, and it is important for Japanese seafood distributors to be especially aware of human rights issues related to overseas supply chains. I believe that companies in Japan are also making certain efforts to understand human rights issues. However, as mentioned earlier, one way to understand and address human rights issues is through human rights impact assessments throughout the value chain, in particular in high-risk contexts, from the point where the fish is caught to the time the fish reaches the dining table of Japanese consumers.
Human rights issues throughout the value chain should be addressed, and information about such impacts and actions taken should be transparent and made publicly available. Consumers are also important stakeholders; they need to know how the fish they consume ends up on their plates.
——Concerns have been expressed by NGOs that serious human rights violations of workers in the fishing industry continue despite efforts by companies to conduct human rights due diligence. What do you think about this situation?
I believe that many efforts are being made by various organizations, including companies and governments, to resolve human rights issues in the fisheries sector. However, the rights of workers in the fishing industry remain one of the most serious issues. It is particularly difficult to assess and address issues in this sector as the violations often take place on high seas, out of public sight.
Photo: Adobe Stock
These issues are brought to light by NGOs and journalists. A while ago, the Outlaw Ocean Project revealed that there are human rights violations of workers in the fisheries sector in China, Taiwan, and the United States. I think it’s a global problem.
Industry has a huge role to play here. When problems are brought to light by NGOs, large seafood companies should take action. We should look at the problem and implement initiatives to end labor exploitation.
Perhaps one of the main challenges surrounding the rights of fishing boat workers is that human rights abuses occur on the open sea. It is difficult to understand and assess the issues because they happen far away from land. Therefore, a mechanism for raising concerns and grievances for workers is needed.
One example of such an initiative is installing Wi-Fi onboard fishing vessels. This will make it easier to lodge complaints while on board and create a better working environment.
——After gaining experience at NGOs, the United Nations, and a national human rights institute, you recently became an independent human rights and business consultant. Could you tell us about what you would like to challenge in the future?
Recently, I started working as a freelance human rights and business consultant. In the coming years, I would like to work on issues related to the power imbalance that exist between large corporations on the one hand and workers and affected communities on the other hand.
At a global scale, large corporations are gaining more power than governments.. While there are exceptions, due to this power dynamic large corporations often have the opportunity to escape responsibility for human rights violations. Therefore, I hope that through binding legislation, we will realize a society in which companies are fully held accountable for human rights violations and the impact they have on workers, local communities, and consumers. To that end, I hope to continue to conduct trainings, research, and assess the human rights impacts of companies, and hope that I can contribute a little bit in realizing that more just society.
I also want to work more with civil society organizations and communities to improve their organizational capacity and strengthen their knowledge about human rights in the context of private sector activities in this globalized world.
Tulika Bansal
Human rights and business expert. She has conducted nearly 20 human rights impact assessments (HRIAs) and sector-specific impact assessments (SWIAs) in a variety of regions, countries and industries. She is a trainer and guest lecturer on a variety of topics including human rights and business, corporate human rights due diligence, human rights impact assessment, children’s rights and business, and human rights i in the seafood sector. In addition, she provides strategic advice to business and human rights organizations and facilitates workshops. She is currently based in India and conducts collaborative research in India and the Asia-Pacific region on business, human rights, and children’s rights. She completed her master’s degree in Public International Law from Leiden University in the Netherlands.
Interview and writing of original text in Japanese: Shinya Morimoto
Editing of original text in Japanese: Ryuichi Mine
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