[Part 2] Why do human rights violations occur in the context of tuna fishing? - The problem of the black boxing of the supply chain (from the example of Korean fishing boats)

First partWill national and corporate regulations not work against the serious human rights violations lurking in the sashimi tuna supply chain mentioned above? Currently, the supply chain of seafood caught by deep-sea fishing vessels is complex and difficult to trace, making it a harbor for human rights violations. While many countries have laws to eradicate forced labor and human trafficking, no country has attempted to properly investigate and expose human rights violations that occur on the high seas or in or near coastal countries. Companies also have a responsibility to identify and respond to human rights violations that occur not only in their own business activities but also throughout their supply chains, but most countries have only declared this responsibility as a guideline.

South Korea Government: Non-Compliance and Continuing Rights Abuses

To address the issue of forced labor and human trafficking in deep-sea fishing, the South Korean government has announced a plan in 2020 to require employers to pay migrant workers at least the International Transport Workers' Federation (ITF) minimum wage, ensure that they receive their wages without illegal deductions, provide minimum rest periods, prevent excessively long voyages without calling at ports, and provide bottled water without discrimination.

However, interviews with migrant workers on South Korean long-distance fishing vessels conducted by the environmental NGO Environmental Justice Foundation (EJF) and the public interest corporation Advocates for Public Interest Law (APIL) from 2021 to 2022 revealed that the government's plan is not being fully implemented. Of the 74 people surveyed, 30 were migrant fishermen engaged in longline fishing, and all 30 reported being exploited under poor working conditions. 53% of migrant workers engaged in longline fishing worked without pay or with reduced pay, 80% experienced abuse, and 100% had their passports confiscated. All respondents also testified that they were unaware of and could not access the grievance mechanism.

Although South Korea enacted the Act on Prevention of Trafficking in Persons and Protection of Victims in 2022, the law is ineffective because there is no system in place to recognize migrant workers engaged in deep-sea fishing as victims of human trafficking and provide support to them.As a result, tuna caught by South Korean longline fishing vessels remains at high risk of human rights trafficking and forced labor.

From "BLACK BOX: Where does the tuna sashimi on our dinner tables come from?" (Human Rights Now, 2023)

Japan: Guidelines left to companies' discretion - Barriers to risk identification and relief

Meanwhile, the Japanese government will release the "Guidelines for Respecting Human Rights in Responsible Supply Chains, etc." in 2022, encouraging companies to voluntarily identify human rights risks in their supply chains and take measures.

However, when analyzing the human rights due diligence policies and implementation status of major companies that import and distribute tuna in Japan based on publicly available information on their websites, one cannot help but question the effectiveness of the guidelines. None of the companies involved in tuna distribution in Japan have published their supply chains, and while some have established human rights due diligence policies and tuna-related procurement guidelines that are specific to fishing, they often end up providing little concrete explanation of their implementation status or results that can be verified from the outside, raising issues with their transparency and effectiveness.

In addition, when forced labor or human trafficking does occur, it is extremely difficult for migrant fishermen who are victims to seek redress from Japanese companies, as the current legal framework lacks a mechanism for holding Japanese companies accountable for human rights issues in cross-border supply chains. As such, the risks of forced labor and human trafficking that are rampant in tuna fishing are not being revealed, and the system for holding perpetrators accountable is not functioning.

Each Role to Play

● South Korean government (mainly from the perspective of worker protection)
The South Korean government adopted theFisheries Work Convention (C188)Japan should actively combat human trafficking and forced labor of fishers, including migrant workers, in deep-sea fisheries by ratifying the WCPFC, establishing domestic laws, ensuring public control over the crew recruitment process, conducting labor investigations, and establishing victim assistance policies. Japan should also actively ratify labor standards being discussed in regional fisheries management organizations such as the Western and Central Pacific Fisheries Commission (WCPFC).

● Japan (mainly from the perspective of business and human rights)
The Japanese government is required to ratify the Fisheries Labor Convention (C2007) adopted in 188, ensure traceability and transparency in the supply chain, and establish domestic laws such as laws requiring companies to implement and disclose human rights due diligence, and regulations banning imports not only in cases of illegal fishing but also in cases where there is a high risk of human trafficking or forced labor victimization of fishermen. In addition, Japan is required to actively ratify labor standards being discussed in regional fisheries management organizations such as the Western and Central Pacific Fisheries Commission (WCPFC).

Regional Fisheries Management Organizations
To address labor and human rights violations against fishers internationally, regional fisheries management organizations must establish binding frameworks on labor standards and closely monitor and disclose transshipment at sea. Transshipment at sea must be regulated to increase supply chain transparency, as it makes supply chains more complex and difficult to understand.

● Importer
The fishing industry is expected to undertake human rights due diligence to identify, prevent and mitigate human rights risks, and to make public the process, progress, challenges and identified human rights risks, and to take accountable for it across the industry.Grievance MechanismIt is essential to take effective measures that take into account international standards and human rights risks specific to the fishing industry, such as establishing a framework for

Cooperation among various stakeholders is strongly required to address human rights violations in cross-border supply chains. Each of us, as consumers, can take a step toward preventing human rights violations in deep-sea fishing and providing relief to victims by recognizing the problem, speaking out, and taking action.

Research report "BLACK BOX: Where does the tuna sashimi on our dinner tables come from?"Download here (Japanese/English/Korean）

Written by Kana Kawasaki, Human Rights Now Business and Human Rights Project Staff