Shining Light into Dark Corners Wang Yu-ling, Chi Hui-jung and Wang Mei-yu as ex officio members. “Flags of Convenience” Operate Without Administrative Oversight or Judicial Intervention The working environment aboard the ships is On June 23, 2021, the National Human Rights Commission held the “Forum on International Practice of OPCAT-NPM & Human Rights of Fishermen.” Human Rights Issue 1 Protecting the Rights and Interests of Foreign Fishermen Enhancing a Friendly Working Environment difficult enough as it is. Fishing ships spend Migrant fishermen employed by Taiwanese must establish a good working relationship with the fishing boats can be divided into either domestic crew. Inadequate induction training and language employment (coastal fishing boats) or overseas barriers mean that there have been reports of employment (distant water fishing ships). The migrant fishermen being subjected to violence domestic employment of migrant fishermen must and abuse as tensions run high and fights break follow the Employment Services Act. They must out. Some Taiwanese nationals also register their also comply with domestic labor legislation such ships with countries that have weak or non-existent as the Labor Standards Act, Occupational Safety regulatory regimes to reduce their operating costs and Health Act, and Labor Insurance Act with and bypass Taiwan’s domestic regulations on the Ministry of Labor as the competent authority. fishing vessel construction limits, crew sizes and There are also migrant fishermen employed on qualifications, operating procedures, and taxation. “FOC” vessels registered in foreign countries. As According to the United Nations Convention on Taiwan is not the country of registration for these the Law of the Sea, FOC vessels fall under the FOC vessels, the migrant fishermen are often left jurisdiction of their country of registration. Taiwan without proper legal protection, a situation that has no legal jurisdiction over such FOC vessels has attracted widespread attention and strong if it is not the country of registration. Most FOC protests from local and foreign human rights countries have no management capability either organizations. resulting in “extra-legal ships.” Illegal fishing or extended periods of time at sea so the captain violation of fishermen’s human rights have become Taiwan is one of the top six distant water fishery an endemic problem. nations in the world with more than 1,100 distant water fishing ships operating in three oceans. The Control Yuan investigated 6 major cases on Their annual production is worth nearly NT$40 the human rights of migrant fishermen between billion with most being destined for export 2016 and 2021. Corrective measures were markets. As of June 1, 2021, there were still subsequently ordered for a number of government 247 fishing boats with a non-Taiwan registration agencies including the Council of Agriculture and (FOC) that are owned or operated by Taiwanese Fisheries Agency under the Executive Yuan, the he National Human Rights Commission A resolution had already been passed at a nationals with the permission of the Council National Immigration Agency of the Ministry of the (NHRC) was forced to cancel or postpone a meeting of the NHRC on February 8 of this of Agriculture. Due to the unique environment Interior, the Ocean Affairs Council, the Ministry of number of forums and symposiums scheduled for year to compile the 6 reports involving migrant and hardships of trawling operations, people Foreign Affairs, and the Ministry of Labor. late May and June when the epidemic alert level fishermen produced by Control Yuan Members in Taiwan are unwilling to work in the industry in Taiwan was raised to Level 3. The “Forum on into a thematic report on “the human rights of resulting in serious labor shortages. Around International Practice of OPCAT-NPM & Human migrant fishermen.” The report would also be the 21,000 migrant fishermen are currently employed Rights of Fishermen” held on June 23 was one of first project undertaken by the NHRC under one overseas with most coming from Indonesia (60%), EU Issued the IUU Yellow Card Warning Amendments to the Three Relevant Laws Regarding Distant Water Fisheries the few events to be conducted as a live stream of its functions to “publish thematic reports on the Philippines (30%) and Vietnam (5%). Migrant Member Wang Mei-yu initiated an investigation conference. An English language channel was major human rights issues.” The convener was fishermen have become the main source of labor case on the human rights of foreign fishermen. provided throughout the event for interested Chen Chu, the Chairperson of NHRC, with the for Taiwan’s distant water fisheries over the last The first case occurred during the period of July overseas NGOs. members that conducted the original investigations decade or so. to August 2015. An Indonesian fisherman was T 16 A Workforce Indispensable to Taiwan's Distant Water Fishing Fleets 17