VIII. Conclusion and Recommendations
i. Conclusion
In recent years, the push for human rights in Taiwan’s fisheries has
been divided into three key phases. The first phase began in 2017, with a
response to the European Union’s yellow card warning. This involved the
enactment of three key laws regulating distant water fisheries and
restructuring the domestic legal framework to align with international
efforts against illegal fishing. The second phase, in 2022, saw the adoption
of the “Action Plan for Fisheries and Human Rights,” which was reviewed
and amended after two years of implementation. The third phase involves
preparations for domesticating the ILO-C188 Convention.
The responsibility for domestic implementation of C188 has shifted
from the MOL to the Fisheries Agency under the MOA. Earlier research
commissioned by the MOL proposed regulating “fishing vessel crew” as a
distinct category under the Seafarer Act, establishing a specific chapter for
labor protections before advancing toward a standalone Fishing Vessel
Crew Labor Protection Act. However, this approach differs significantly
from the Fisheries Agency’s current plan to enact an implementation law.
A particularly complex challenge lies in the fact that maritime labor
standards intersect with several ILO conventions (see Table 2), making it
insufficient to rely solely on C188 to address labor protections for fishing
vessel crew. Harmonizing C188 with the broader framework of related
conventions in the implementation law will be a significant hurdle.
There are 36 conventions addressing the living and working conditions
of seafarers. These conventions separate seafarers from those covered
under land-based labor conventions, with distinctions made between
commercial ship crews under the Maritime Labour Convention (C186) and
fishing vessel crews under C188. However, these conventions do not
differentiate between domestic and foreign crew, those hired domestically
or abroad, or whether they work on distant water or nearshore fisheries—
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