Misery at Sea

1 CHAPTER 2: MISERY AT SEA

Misery at sea

Human suffering in Taiwan’s distant water fishing fleet 2 GREENPEACE REPORT: MISERY AT SEA 3 CONTENTS Contents

2. Misery at sea 19

Impunity in Taiwan: Convicted Human Traffickers Continue to Recruit 20 Introduction 4 Background 21 Investigations in Taiwan 22

A problem that won’t go away 6 Where are the human traffickers now? 23

A broken system 6 Should Taiwan retain Tier 1 status in the Trafficking in Persons report? 26 Action is more needed than ever 7 The abuse and death of Supriyanto 28 3. Muddied Waters: Images and video of Systemic enablers Supriyanto uncovered 30 of misery at sea 52 Supriyanto’s agonizing death at sea 32

Control Yuan Slam fisheries agency investigation 33 Governmental Factors 52

Was Supriyanto another victim Weak enforcement by regulators 52 of trafficking or forced labor? 34 Incoherent, unenforced laws 54 Conclusions 62 Recruitment agents and the role of A history of violence: Tunago No. 61 37 Fishermen’s Associations: A conflict of interest? 55 Recommendations 63 Current situation 38 1. The lay of the land 9 Dr. Ian Goodwin’s analysis 43 Blurring Supply Chains 56 Yet another example of uninvestigated Flags of convenience 56 exploitation in Taiwan’s fishing Distant water fishing: A broken model 12 industry? 44 Front companies 58

FCF: The biggest fish in Taiwan 14 The FCF connection 46 Transshipment at sea 60

Report methodology 16 Conclusion 48 Impenetrable supply chains 61 Endnotes 64 Up // Qianzhen fish market auction scene in Kaohsiung, Taiwan.

4 GREENPEACE REPORT: MISERY AT SEA 5 INTRODUCTION

Above // Frozen tuna are loaded onto Above // Qianzhen fish market auction a truck at Dong Gang holesale fish scene in Kaohsiung, Taiwan. market, Dong Gang, Kaohsiung. © // Shutterstock.com © // Alex Hofford, Greenpeace

This report makes for shocking interest in Taiwan’s fisheries, New York Times and the Guardian, indifference of industry itself is no and harrowing reading. Its find- and distant water fishing (DWF) and international NGOs such as less scandalous. ings should concern everyone fleets generally, some of the case Greenpeace, have investigated Introduction studies in this report will not connected to the seafood industry and reported appalling stories In Misery at Sea. we report on — from consumers to workers and come as a surprise. Stories of se- from the furthest reaches of our ongoing problems in the Taiwan- vessel operators, and those who rious human rights abuses, poor oceans. ese DWF fleet, the continued manage and govern this critical labor standards, dire working failure of Taiwanese authorities to global industry. It should con- conditions, and the use of fishing And yet for all the reporting, the effectively sanction human rights cern everyone who values human techniques that harm our oceans stories and research presented in abuses, and we provide testimony rights and the rule of law. and the life in them, have been this new investigation are no less from fishermen whose young lives well reported. Many of the world’s appalling, the passive approach have been ruined by this broken For those who follow or have an leading news outlets such as the of Taiwanese authorities and the industry. 6 GREENPEACE REPORT: MISERY AT SEA 7 INTRODUCTION

A problem that Action is more won’t go away needed than ever

Our new investigation, Misery at bodian company involved in owned vessel endured European Union (EU) and United Sea, delivers a number of compel- serious human rights abuses appalling physical and mental States (US) schemes to sanction ling case studies that show how, involving dozens of Cambo- abuse for months before Illegal, Unreported, and Unreg- despite earlier cases brought to dian nationals, continue to the attack. Their harrowing ulated (IUU) fishing and human the authorities’ attention, serious recruit into the Taiwanese stories do not excuse their trafficking have provided impe- problems in Taiwan’s seafood fishing industry with impunity actions, but they offer an tus for some improvements, but supply chains continue to this day. from the Taiwanese authori- insight into their appalling as our new investigation makes These problems impact some of ties. working conditions, and clear, much more work is needed Taiwan’s biggest seafood compa- show young lives wasted to improve Taiwan’s fisheries. nies and have serious implications • Evidence of the suffering by a broken industry, where for the global seafood industry. endured by Indonesian fisher- abuse seems to be routinely On the basis of the evidence pre- These are problems compound- man Supriyanto in the lead- tolerated and even used sented in this new investigation, ed by the failure of the Taiwan’s up to his horrific death, and to ensure that inhumane Greenpeace believes that it is vi- government and authorities to of the failure by the vessel working conditions and wages tal to keep the Taiwanese fishing deliver adequate reform or pursue master to prevent his death, are maintained. industry under close scrutiny and appropriate sanctions against and that these facts have to maintain pressure on Taiwan- law-breakers. been ignored or dismissed by • That big traders have a major ese authorities to act to resolve the Taiwanese prosecutor. responsibility to reform if outstanding problems. The report reveals: the existing business mod- • Fishermen convicted of the el, which appears based on Part of that overarching scrutiny • Convicted human traffickers, murder of their Chinese human exploitation, is to be should continue to come from the who set up and ran a Cam- captain aboard a Taiwanese- ended for good. EU maintaining its yellow card category for Taiwan, and from the US Trafficking in Persons (TIP) category II status. These should remain in place to help drive further reform and to send a clear signal to markets around the world that there are serious problems still to resolve in Taiwanese DWF. What emerges in the pages of this report is not just another damning indict- Above // A local fishmonger cleans and slices a large tuna fish at the Sinda ment of Taiwan’s DWF and those fish market in Kaohsiung, Taiwan A broken system responsible for managing them, but © // Shutterstock.com a serious case for the rejection of the broken model of distant water fisheries that operate in many of the world’s oceans.

Our concluding recommendations Endemic human rights abuses and sustainability, driven by the these crimes, the stage is set for address the situation in Taiwan, and poor environmental stand- relentless pressure of constant serious human rights abuses, dire but would be equally applicable ards are encouraged by key global demand for huge quanti- labor conditions and poor envi- to any fleet or country running a elements of the DWF business ties of cheap seafood. ronmental standards that, as this similarly broken and destructive model. investigation shows, continue to DWF operation. Sadly, there are When this model of DWF oper- this day. many others in urgent need of These include, unsustainable ations combine with Taiwan’s reform if we are to fully eliminate fishing capacity, and low-cost/ weak regulatory framework, and the human rights abuses and low standard operations that val- lack of political will to put pres- suffering described in this inves- ue volume and profit over quality sure on its industry or prosecute tigation. 8 GREENPEACE REPORT: MISERY AT SEA 9 CHAPTER 1: THE LAY OF THE LAND Chapter 1: The lay of the land

Plagued by environmental and its concerns about Taiwan’s DWF human rights abuses1,2,3,4, Taiwan’s fleet’s conduct. In October 2015 DWF fleet has become a major the EU issued a “yellow card”6 embarrassment for a global fish- to Taiwan, stating: ing power that relies on its cred- ibility and reputation for market share.

Often occurring far out at sea, or masked by complex supply “The decision to issue a yellow chains, this criminal behaviour has increasingly come to light as card to Taiwan is based on seafood workers speak out and NGOs and media investigate. serious shortcomings in the

A 2016 Greenpeace report, Made fisheries legal framework, a in Taiwan,5 exposed systemic IUU fishing, egregious human system of sanctions that does rights abuses, and an ineffective Taiwanese Fisheries Agency (FA) not deter IUU fishing, and lack repeatedly failing to uncover, Above // Cloudy day in Xizi Bay, prosecute, or resolve widespread of effective monitoring, control Kaohsiung City, Taiwan. offending. and surveillance of the long- In this new investigative report, Greenpeace will show that, distance fleet. despite legislative attempts to tackle these serious problems, they continue to exist in Taiwan’s seafood industry. These problems Furthermore Taiwan does not involve or impact on key Taiwan- ese suppliers and consequently systematically comply with global supply chains. Taiwan’s governmental and Fisheries As- Regional Fisheries Management sociation’s actions in response to earlier exposed cases have been Organisation (RFMO) largely ineffective. obligations.”7 Greenpeace is far from alone in 10 GREENPEACE REPORT: MISERY AT SEA 11 CHAPTER 1: THE LAY OF THE LAND

At the time of writing, the EU’s where these crimes were not tak- serious and sustained efforts yellow card remains in place, and en seriously enough. to address human trafficking5, Taiwan’s DWF industry contin- The 2016 TIP report noted that but raised concerns that lenient ues to be beset by allegations of there had been no arrests or con- penalties were disproportionate illegal fishing and human rights victions for trafficking violations to serious crimes, and noted that abuses. on Taiwanese fishing vessels, authorities sometimes treated but that prosecutors and judges trafficking cases as mere labor Following the issuing of the EU tended to treat trafficking cases disputes. yellow card, Trafficking in Persons as relatively minor crimes. Traf- (TIP) reports were published in fickers appeared to receive lenient Similar issues were echoed in 20168 and 2017.9 These reports penalties, disproportionate to the US State Department’s 2017 found that Taiwanese authorities their crimes. Human Rights Report, which had met the minimum standards singled out Taiwan’s fishing for the elimination of trafficking, The 2017 TIP report stated that industry:10 but described an environment authorities had demonstrated

Above // View of the city in Kaohsiung, Taiwan

Dealing with issues as serious as exploitative DWF business model: chronic shortcomings within “Forced labor occurred in such human trafficking, forced labor massive fishing capacity, low Taiwan’s legal and regulatory and exploitation on a reactive, cost operations, and a ‘volume framework, help create an sectors as domestic services, case-by-case basis allows human and profit’ over ‘value and environment where serious IUU rights abuses to persist. sustainability’ approach. fishing cases, human rights fishing, farming, manufacturing, violations and labor abuses are all The drivers for human rights It is increasingly clear that such too common. and construction. Foreign abuses can be found in the a low-cost business model, and workers were most susceptible to forced labor, especially when serving as crew members on Taiwan-flagged fishing vessels.” “There were numerous reports of exploitation and poor working conditions of foreign fishing crews on Taiwan-flagged long-haul vessels. The Taiwan International Workers’ Association and other civil groups urged authorities and ship owners to better protect foreign fishermen.” 12 GREENPEACE REPORT: MISERY AT SEA 13 CHAPTER 1: THE LAY OF THE LAND Distant water Figure 1: Taiwan’s DWF business model simplified fishing: A broken model

Squid vessels 1 - Fishing

Purse Seiners Longliners

2 - Trading FCF

Like other global production sys- creates additional risks for al- these types of reports. The cost of tems, fishing has become domi- ready vulnerable fishers. Migrant inadequate regulations and a con- nated by large retailers and trad- workers are recruited through a tinued pressure to reduce costs, is Cannery Fillet Sashimi Process company ers operating with a cost-driven “cascade system” which involves inevitable labor abuse, which, in 3 - Processing business model. The majority of a network of labor brokers12 who an industry that operates far out these retailers and traders pursue “provide space for unscrupulous at sea, includes onboard violence, the cheapest possible products, intermediaries to extract econom- trafficking, and deaths at sea. creating downward pressure in ic rent from vulnerable workers the value chain to reduce costs.11 through often coercive practices The industry insists reported involving debt bondage and en- events are not systemic, yet Because the costs of fuel, equip- trapment.”13 their frequency and seriousness ment, and maintenance are fixed, suggests that trafficking, forced fishing industry operators have In recent years, high profile news labor and exploitation in DWF looked at labor costs which are media and NGO reports have are not just restricted to fly-by- dangerously vulnerable to down- exposed the illegal and unethical night operators. As this report ward pressure. With little practi- treatment of migrant workers in demonstrates, globally significant Markets 4 - Key cal protection or oversight, work- the fishing sector, both on land companies may also be tainted ers in the DWF industry continue and at sea.14 Given the scale by the abuses, and regulators and Japan, EU, US, New Zealand, Korea, UK, Thailand to wear the cost of this model. of Taiwan’s DWF fleet and the authorities are failing to tackle institutional failures described in these endemic problems. Fisher recruitment for DWF ves- this report, it is hardly surprising sels, particularly tuna longliners, that Taiwan features regularly in 14 GREENPEACE REPORT: MISERY AT SEA 15 CHAPTER 1: THE LAY OF THE LAND

Figure 2: Taiwanese fishing FCF: The biggest activity detected by Global Fishing Watch 201726 fish in Taiwan Fishing activity

A report focussing on Taiwan’s destined for markets in North FCF has particularly strong links global fisheries would be in- America, Europe, and Asia. FCF with Japan. FCF’s Japanese sub- complete without specifically has more than 30 fishing bases sidiary, FCN International (FCN), addressing the role of Fong Chun scattered around the globe’s key is one the largest distributors of Formosa Fishery Company (FCF), fishing ports which provide sup- seafood from FCF to the lucrative a privately owned company based plies, transshipment infrastruc- Japanese sashimi market.20 FCN in Kaohsiung, Taiwan. ture and gasoline filling services has a similar operating model to DWF vessels. The company to FCF and is thought to handle Established 40 years ago, with operates more than 600 vessels, a significant proportion of the offices and subsidiary companies and conducts business with pro- Taiwanese tuna that goes to the around the world, and a fish trade cessing plants worldwide.17 18 Japanese market.21 volume that places it as one of the world’s top three fishing traders, Taiwan, and FCF in particular, Greenpeace has established FCF FCF embodies the global reach of are major suppliers to compa- links to two of the three cases dis- Taiwan’s distant water fisheries. nies in both Thailand and Japan. cussed in Chapter 2 of this report. Thailand is a global leader in We have found vessels that sup- FCF handles at least 520,000 seafood processing and canning, plied tuna to FCF connected to metric tons of tuna and 100,000 and Japan is the world’s largest the Giant Ocean human traffick- ton of other fish annually,15 16 and consumer of raw or sashimi tuna. ing case, and to the Tunago No. 61 Figure 3: Location of FCF supplies brands around the world, Both countries export processed murder case, where there are also global offices, facilities including frozen products such seafood to markets in the Amer- concerns around the exploitation and partners27 as tuna for canning, deep frozen icas, Europe and Asia, taking and abuse of crew. tuna for sashimi and frozen squid, Taiwan’s tuna to the world.19 Subsidiary or office Market Supplier Factory Fishing base

1,140 19,100

Distant Water Fishing vessels22 Migrant fishermen working on Taiwanese Distant Fishing vessels are hired overseas23

252 11,804

Taiwanese-owned Flag of Migrant fishermen working on Convenience vessels24 Taiwanese Distant Water Fishing vessels are hired in Taiwan25 16 GREENPEACE REPORT: MISERY AT SEA 17 CHAPTER 1: THE LAY OF THE LAND Report methodology

Since the release of 2016’s Made in Taiwan report, Greenpeace has monitored Taiwan’s fishing industry, particularly its DWF tuna fleet. Reports of IUU fishing, labor and human rights abuses have continued to surface.28 29 This report is designed to highlight the complex problems plaguing Taiwan’s DWF fleet.

L e f t // Pirate Fishing in Indian EEZ Above // Illegal tuna fishing © // Ronny Sen, Greenpeace in the Pacific Ocean © // Mark Smith, Greenpeace

Chapter 2 outlines Greenpeace of the report are harrowing unique to Taiwan, is also ad- investigations into three cases and upsetting. dressed in the chapter. The report that exposed entrenched flaws in concludes by discussing how the Taiwan’s regulatory regime. Using the three cases as refer- three cases and framework issues ences, Chapter 3 analyzes some interact, demonstrating that there These cases involved human of the structural and legal frame- is a direct correlation between the trafficking, the horrific death (or works that enable, and perhaps current fishing business model culpable homicide) of a fisher- inadvertently incentivize, illegal and human and fisheries crimes man, and murder. activity and exploitation in Tai- at sea. wan’s DWF fleet. The investigations into these cas- Greenpeace makes a series of es reveal the horrors that too of- Transshipment at sea, the use recommendations for urgent ac- ten occur at sea, the exploitation of flags of convenience, and the tion and reform. of vulnerable migrant workers use of front companies abroad who are paid a pittance to work which prevent transparency and To eliminate these crimes re- onboard Taiwan’s tuna longliners, accountability, continue to thwart quires a fundamental change in and the lacklustre response by attempts to clean up or properly the corporate regulatory model, Taiwanese authorities, particular- regulate Taiwan’s fishing industry. and the elimination of transship- ly the Fisheries Agency. Readers ment at sea as well as eliminating should be advised, some of the The compromised role of “Fish- the use of flags of convenience by images and stories in this section ermen’s Associations”, a system the Taiwanese fishing industry. 18 GREENPEACE REPORT: MISERY AT SEA 19 CHAPTER 2: MISERY AT SEA Chapter 2: Misery at Sea

The mistreatment and abuse of the report demonstrates a failure the Taiwanese longliner, Tunago migrant workers on fishing ves- to effectively address these cases. No. 61. Greenpeace investigators sels has been well documented travelled to Vanuatu to interview in both international research and The first section, Impunity in the six Indonesian crew who were high profile media stories.30 31 32 33 Taiwan, focuses on the Giant convicted and sentenced to 18 While the increasing frequency of Ocean human trafficking ring. It years in prison for murder. The six stories show a number of factors exposes a permissive approach by men face spending the first half contribute to the problem, they Taiwanese authorities to forced of their sentence in Vanuatu, the reveal an exploitative fisheries labor and human trafficking on flag State of the Tunago No 61. economy with migrant fishers too Taiwanese fishing vessels. Green- Prison-based interviews shed new often treated as low-cost com- peace investigators found con- light on the case, raising ques- modities, paid extraordinarily low victed human traffickers continue tions about the events leading to rates, overworked and mistreated. to be involved in the recruitment the captain’s death, and Taiwan’s of migrant workers for Taiwanese hands-off approach in the subse- This chapter examines three fishing vessels, with the knowl- quent investigation, prosecution, recent Greenpeace investigations edge of Taiwanese authorities. and sentencing. With the six into labor and human rights cases young men facing almost two involving Taiwan’s distant water The second section, Fishing to decades in prison, the report asks fisheries industry, and includes Death, analyzes the 2015 death of if the deceased captain is not the disturbing new revelations about Indonesian fisherman Supriyanto only victim in this sad case. the Giant Ocean case (previously at sea. Disturbing new evidence discussed in the 2016 Made in suggests that, despite harrowing At the end of the chapter, we an- Taiwan report). The investigations photographic and videographic alyse the cases to see if there are revealed alarming new evidence evidence, Taiwanese authorities any links to Taiwanese seafood that raises urgent questions about failed to properly investigate and trading giant, FCF. Taiwan’s fishing industry, and prosecute.34 the way its regulators deal with human rights abuses. While Tai- The third section, A History of Vio- wan has claimed some success in lence, investigates circumstances L e f t // Kaohsiung, Taiwan resolving previous cases of abuse, around the death of the captain of © // Stephanie Croft 20 GREENPEACE REPORT: MISERY AT SEA 21 CHAPTER 2: MISERY AT SEA Impunity in Taiwan: The background convicted human traffickers continue to recruit

Right // Giant Ocean’s company registration certificate © // Confidential Source

Greenpeace has obtained com- In 2011, the United Nations, NGOs, and Cambodian The following shareholders and directors of Giant pelling evidence from official authorities became aware of a human trafficking Ocean International Fishery were also charged: 38 Fisheries Agency lists and compa- ring operating in Cambodia. The company running ny records showing that at least the ring was Giant Ocean International Fishery • Lu Tien-Te 盧天德 two directors and shareholders Co. Ltd (Pty) (Giant Ocean), a recruitment agen- • Chen Chun Mu 陳春木 of Giant Ocean and some con- cy operated by Taiwanese nationals in Cambodia • Wu Fu Tsang 吳富藏 tinue to be openly involved in the with strong ties back to Taiwan. Giant Ocean was • Huang Chun Fa 黃俊發 recruitment of migrant fishers for registered with the Cambodian Labor Ministry • Tsai-His-Hu39 蔡西湖 placement on Taiwanese DWF as a private limited company and had lodged a vessels. US$100,000 surety. In April 2014, Lin Yu Shin and the five directors and shareholders were found guilty under Article 10 of All five were convicted in absentia Victims of trafficking onto Taiwanese vessels start- Cambodia’s 2008 Law on Suppression of Human for human trafficking by Cambo- ed to lodge complaints in Cambodia from late 2011, Trafficking and Sexual Exploitation: “unlawful re- dian courts in 2014. For the fami- and in May 2012 Cambodian authorities began to moval with purpose.40 41 Ms. Lin was tried in person, lies of Giant Ocean’s victims, this formally investigate Giant Ocean. Reports claimed while the others were tried in absentia. is yet another insult after seven more than 1,000 Cambodian men were recruited by years of injustice. Giant Ocean between 2010 and 2011. Police re- Each was sentenced to 10 years imprisonment and ceived over 200 complaints, including 50 cases filed ordered to pay compensation to the victims. Ms. Lin These men continue to be con- by victims who were supported and represented by was sent to prison to begin her 10-year sentence, nected to recruitment with the Legal Support for Children and Women (LSCW) and and the five Taiwanese nationals have yet to be authorisation of the Taiwanese USAID’s Cambodia Counter Trafficking in Persons located by Cambodian authorities.42 government.35 Program (CTIP).36 Since the sentencing, appeals through the Cam- In May 2013, the Cambodian Department of Anti- bodian courts have continued. Those appeal rights Human Trafficking and Juvenile Protection arrested have now been exhausted, except for those relating Right // Letter of Taiwanese national, Miss Lin Yu Shin37( ), a to pecuniary penalties. The five directors and share- authorization submitted 林玉欣 to Cambodian Ministry of Giant Ocean employee who was responsible for the holders are considered fugitives in Cambodia. Commerce recruitment of labor. © // Confidential Source 22 GREENPEACE REPORT: MISERY AT SEA 23 CHAPTER 2: MISERY AT SEA

Investigations in Taiwan

The Made in Taiwan report high- been prepared by prosecutors The prosecutor decided to adopt lighted evidence linking Taiwan for an anti-human trafficking an “administrative ruling” as the Where are the human to the Giant Ocean human traf- workshop, and explained their disciplinary action on this case, ficking ring in Cambodia. Giant approach to the case. It stated and summoned Giant Ocean traffickers now? Ocean was providing Cambodian that the Prosecutor had reached shareholders and Taiwanese migrant labor to predominantly the following views: vessel owners. The prosecutors Taiwanese fishing vessels from claimed they were unable to de- 2010 to 2012. • Giant Ocean International termine whether charges should operations were a suspected be laid, despite the verdicts The report raised questions violation of Article 32 of the reached in Cambodian courts. about Giant Ocean operations Taiwanese Human Trafficking There is no evidence that authori- in Taiwan, and urged Taiwanese Prevention Act.43 In spite of their Cambodian con- ties acted to ensure the safety and authorities to properly investigate victions, and the availability of a welfare of Giant Ocean’s victims of the Giant Ocean human traffick- • The Taiwanese courts had large body of compelling evidence forced labor and trafficking, either ing ring. no jurisdiction unless crimes from the victims themselves, the historically or since the initial of- Lu Tien - Te occurred on a Taiwanese five convicted human traffickers fence. This raises serious concerns 盧天德 While attempting to establish flagged vessel. appear to have been given a free about the safety and welfare of what investigations and pass by Taiwanese authorities. future victims. Conviction: Unlawful Removal with Purpose, under The Law conclusions Taiwanese authorities • Evidence provided by Cam- This raises serious questions on Suppression of Human Trafficking and Sexual had reached, Greenpeace bodian NGOs LSCW and about the authorities’ willingness Exploitation 49 In December 2017, Greenpeace iden- 10 years Imprisonment obtained a 2017 PowerPoint Winrock International was not to take effective measures to pre- tified new evidence revealing that Sentence: 0 years presentation from the Ministry considered admissible evi- vent human trafficking and forced the five convicted human traffickers Time served: of Justice. The presentation had dence in Taiwan. labor in the fishing industry.44 were living openly in Taiwan while Where is he now: Kaohsiung, Taiwan fugitives from Cambodian justice. Current position: Contact person for the Kaohsiung Fishing Vessel Crew Services Association (社團法人高雄市漁船船 On top of this, two of them had 員服務促進協會) officially sanctioned roles working in the recruitment of migrant crew onto Taiwanese fishing vessels, and two The Kaohsiung Fishing Vessel Crew Services Asso- others appeared to be involved in re- ciation holds a Fishery Agency issued licence to hire cruiting for fishing vessels in Taiwan. 700 crew.

Greenpeace is concerned the convicted traffickers pose an ongoing risk to migrant fishers. It is difficult to understand how, when authorities Tsai His-Hu/ Tsai Xi Hu48 Human trafficking law Human trafficking is a criminal No complaint is required for in Taiwan have not reached a sub- in Taiwan offence under article 296-1 of Tai- human trafficking offences to be stantive position on the guilt or inno- 蔡西湖 wan’s Criminal Code and under investigated or prosecuted by cence of the Giant Ocean directors 45 Article 32 of the Human Traf- authorities. and shareholders, they are able to Conviction: Unlawful Removal with Purpose, under The Law ficking Prevention Act. continue to ply their trade restriction on Suppression of Human Trafficking and Sexual Exploitation In fact, there is an express obliga- unabated. Sentence: 10 years Imprisonment In Taiwan, some crimes are ‘no tion in the Act (Sections 9 and 11) Time served: 0 years trial without complaint’ offences, on the judicial police authority to Greenpeace believes Taiwan has an Unknown but that is not the case with the take action to identify suspected obligation to ensure the convicted Where is he now: Criminal Code or the Human Traf- victims of trafficking immediately human traffickers are not allowed to Last known position: Contact person, for 永欣國際有限公司 (2009) ficking Prevention Act. once they are notified. work, in any way, with migrant workers who are vulnerable to trafficking, forced labor and exploitation. In 2009, Tsai His-Hu was listed as the contact person for 永欣國際有限公司. Greenpeace has been The investigation established:46 47 48 unable to find records of this company. 24 GREENPEACE REPORT: MISERY AT SEA 25 CHAPTER 2: MISERY AT SEA

Lu Tien-Te and Chen Chun Mu activities. Huang Chun Fa and mental questions about Taiwan’s ploitation, forced labour and are both officially registered Wu Fu Tsang also appear to be commitment to eliminating trafficking that, in Taiwan, DWF with the Fisheries Agency, which involved in recruiting crew for exploitation, forced labour and fishing is more important than means they have been vetted fishing vessels.50 human trafficking from it’s DWF justice. This is a far cry from and authorised by the Taiwanese fleet. This case risks sending a Taiwan’s claim to being a respon- Government to conduct recruiting These revelations raise funda- message to the victims of ex- sible citizen in global fishing.

Chen Chun Mu Huang Chun Fa 陳春木黃俊發

Conviction: Unlawful Removal with Purpose, under The Law on Sup- Conviction: Unlawful Removal with Purpose, under The Law on Sup- pression of Human Trafficking and Sexual Exploitation pression of Human Trafficking and Sexual Exploitation

Sentence: 10 years Imprisonment 43 Sentence: 10 years Imprisonment

Time served: 0 years Time served: 0 years

Where is he now: Kaohsiung, Taiwan Current position: Director, Sheng Fa Fishery Co., Ltd (笙發漁業有限公司)

Current position: Director for Taiwanese Recruitment Agency, Yu Chun Enterprises (友春國際股份有限公司).44

Sheng Fa is registered with the Economic Develop- Yu Chun Enterprises is currently registered by the ment Bureau to provide recruitment services, but Fisheries Agency to employ 399 crew. Yu Chun does not feature on the Fisheries Agency’s list of Enterprises holds an active company registration registered recruitment agents. Investigators visited issued by the Economic Development Bureau of Ka- the office premises in Kaohsiung, finding both the ohsiung Government, to provide “Agency Services”. ‘new’ and ‘old’45 company names listed.52

Wu Fu Tsang Lin Yu Shin 吳富藏林玉欣

Conviction: Unlawful Removal with Purpose, under The Law on Sup- Conviction: Unlawful Removal with Purpose, under The Law on Suppres- pression of Human Trafficking and Sexual Exploitation sion of Human Trafficking and Sexual Exploitation

Sentence: 10 years Imprisonment Sentence: 10 years Imprisonment

Time served: 0 years Time served: 3 years

Where is he now: Kaohsiung, Taiwan Where is he now: Incarcerated, Cambodia

Current position: Owner/director46 of a new company, 弘興海洋開發有限公司 (No known English name)

Wu Fu Tsang is the registered operator of a new company, 弘興海洋開發有限公司 (Previous name: 豐星海洋開發有限公司)51 26 GREENPEACE REPORT: MISERY AT SEA 27 CHAPTER 2: MISERY AT SEA

than a ruling to prosecute, not 4. Significant evidence, including by LSWC. LSWC have acted to prosecute, or deferral of victim statements, provid- for and represented many of prosecution, the Administra- ed to Taiwanese authorities the Giant Ocean trafficking tive ruling does not constitute by LSWC, provide sufficient victims in Cambodia. They “urgent action” as required by grounds for Taiwan to initiate have repeatedly communicat- the TVPA. rigorous investigations and ed with Taiwanese authorities to prompt substantive efforts and have made available vic- 3. In addition to the offences towards eliminating human tim statements to Taiwanese that occurred in Cambodia trafficking. The investigations authorities. and on Taiwanese owned should have included the vessels (several of which were execution of search warrants, Taiwan has failed to provide jus- Taiwanese flagged, and are obtaining company and fishing tice for these victims, and Taiwan subject to Taiwanese law), the vessel documents and records continues to allow those responsi- acts of trafficking sanctioned from authorities and formal fo- ble to work in recruiting crew for by Cambodian Courts were rensic interviews of witnesses. DWF vessels. committed by five individuals There is no evidence that any who faced no punishment in of this has occurred. Greenpeace remains concerned Taiwan and remain involved in about the possibility that victims Taiwan-based fishing industry 5. The prosecutor has failed to of human trafficking in this case recruitment work. utilize the evidence provided remain trapped at sea.

L e f t // Tuna on longline fishing vessel in the Pacific Ocean © // Mark Smith, Greenpeace

Below // Fresh tuna fish Should Taiwan retain Tier 1 status in the Trafficking in Persons report?

Taiwan continues to be rated as State Department, in particular ese Human Trafficking Pre- a Tier 1 country in the globally the US Trafficking Victims Pro- vention Act, which states that recognised US State Department tection Act 2000 (TVPA).54 55 It is Articles 31 to 34 of this Act are annual Trafficking in Persons apparent that Taiwan has repeat- applicable outside the territory Report.53 edly failed to meet the minimum of Taiwan.56 standards set out in Section 108 Greenpeace analyzed the Pros- (a)(4) of the TVPA; 2. The use of an administrative ecutor’s position in the Giant ruling in the case fails to meet Ocean case and compared it with 1. The Prosecutor’s decision ig- the standards set out in the the standards set out by the US nores Article 42 of the Taiwan- United States TVPA. Rather 28 GREENPEACE REPORT: MISERY AT SEA 29 CHAPTER 2: MISERY AT SEA

Supriyanto was a 43 year old solo In the hope of earning more mon- The Fu Tsz Chiun set sail from father with three children, from ey to help raise his children, he Donggang township on 12 May Tegal in central Java, Indonesia. decided to become a fisherman. 2015, and sailed towards the Prior to becoming a fisherman, he He began the recruitment process Western and Central Pacific worked as a poorly paid bus ticket in late 2014 and his final, fatal trip Ocean. collector on a route between Te- on Fu Tsz Chiun began in April gal and Jakarta. 2015. On 26 July 2015 the Donggang Taiwan Fishermen’s Association received On 29 April 2015, vessel operator a report that one of the Fu Tsz Chen Chiao-chih applied to the Chiun’s crew, Urip Muslikhin, Kaohsiung Fishermen’s Associa- had disappeared from the vessel tion to hire seven Indonesian crew while fishing in heavy seas on 25 members for the fishing vessel Fu July 2015. The Fisheries Agency Tsz Chiun. The application was directed the captain to search for filed with the Kaohsiung City Ma- the missing crew member for at rine Bureau on 30 April 2015. least three days.

On 25 August 2015 at 11:10 pm, Donggang Fishermen’s Associa- tion received another report, this time that crew member and fisherman Supriyanto had been found dead on board the vessel.

Fishing to death: The abuse and death of Supriyanto

Figure 4: Fu Tsz Chiun’s 2015 Pacific journey (MMSI: 416001769)58 The tragic case of Supriyanto and his treatment and subsequent Fishing activity detected death on the Taiwanese fishing vessel57, Fu Tsz Chiun is one of the most shameful episodes in Taiwan’s fishing history. It has never Fishing activity detected following Urip Muslikhin’s disappearance been adequately investigated, and the story of his slow, painful Supriyanto’s death reported and unnecessary death has never been fully told. Fishing activity detected following Supriyanto’s death

0 2000 4000 km

0 1000 2000 mi

Scale 1:100,000,000 Miller Cylindrical projection Cartography: © CartoricalTM 2018 30 GREENPEACE REPORT: MISERY AT SEA 31 CHAPTER 2: MISERY AT SEA

Images and video of Supriyanto uncovered

Above // Three still series showing the deterioration of Supriyanto on Fu Tsz Chiun © // Confidential Source Harrowing photographic and vid- contradicted by vessel tracking Equally troubling is analytical eo evidence of Supriyanto’s final data from Global Fishing Watch, evidence from Global Fishing weeks alive emerged following which shows the vessel moving in Watch, that shows the Fu Tsz his death. The photos and video a pattern consistent with fishing Chiun continued to fish, despite raise serious questions about his activity after his death. It is not Supriyanto’s deteriorating condi- treatment prior to his death. clear from the Fisheries Agency tion, including in the days follow- investigation whether the vessel ing his death, despite claims that Taiwan appears to accept that did continue to fish — but it is in- the vessel immediately returned 62 Left and Below // Supriyanto was abused prior to formation that ought to have been to port. Still photographs of Supriyanto his death, but is yet to offer any available to authorities. shortly before his death. public explanation or detail on © // Confidential Source the abuse. The horrific nature of the images and video call for a high-level and thorough investigation from relevant authorities. The Fisheries Agency’s tepid initial response is deeply concerning.

During this investigation, Green- peace obtained the vessel tracks for Fu Tsz Chiun in the weeks leading up to, and immediately following Supriyanto’s death.59

The vessel’s fishing activity tracked by Global Fishing Watch appears to contradict official statements about the Fu Tsz Chiun’s movements following both deaths.

The Control Yuan60 corrective measures document suggests the Fu Tsz Chiun searched for Urip Muslikhin for three days following his disappearance.61 This is 32 GREENPEACE REPORT: MISERY AT SEA 33 CHAPTER 2: MISERY AT SEA

Supriyanto’s Control Yuan slam agonising death fisheries agency at sea investigation

The death of Supriyanto, while On 5 October 2016 a corrective measures case had been a serious violation of the international working at sea, was met with an document was released by Control Yuan. The covenant on economic social and cultural rights,65 alarming lack of action by Tai- Control Yuan corrective measures case document causing great damage to Taiwan’s reputation.66 wan’s authorities, particularly the discussed the Fisheries Agency investigation, and agency charged with monitoring was highly critical, finding that the Fisheries Agency The Control Yuan Corrective Measure case crewing agencies, vessel owners, had been “severely negligent” in the management document found that:67 and Taiwan’s fishing industry. The of employment of foreign crew, and that there Fisheries Agency appears to have failed to fulfill its responsibilities, to oversee the operations of the recruitment agency and vessels owners involved.

A post-mortem examination in- dicated that Supriyanto had died from septic shock from an infec- Employment Contracts 1. Supriyanto had two employment contracts. One contract, signed on tion he suffered following a “knee and Exploitative behalf of the Taiwanese recruitment agency Jin Hong Company, was injury” onboard the Fu Tsz Chiun. Recruitment submitted to the authorities. A second contract, signed by an Indone- 63 The inadequate Fisheries Agen- sian recruitment agent, was for ‘actual performance.’ cy investigation failed to establish 2. The contract ‘actually performed’ contained inappropriate terms, a clear version of events, and to including transferring work expenses to Supriyanto, and holding his properly explain how a healthy, family liable for (employment) violations. This contract stipulated 16- relatively young man, died at sea. hour working days. These conditions are “a severe infringement of the foreign crew members’ labor rights.” The Pingtung Provincial Pros- ecutor’s Office also conducted 3. The Fisheries Agency was unaware that Supriyanto had two contracts, a judicial investigation into the and failed in its oversight and supervision of both manpower brokers. death of Supriyanto and Urip The Fisheries Agency also failed to delist the responsible recruitment agency from its list of authorised agencies. Muslikhim. It appears their initial Above // Vessel registra- investigation dismissed some tion document evidence because, in their view, accidents and there was no suspi- © // Confidential source the translation of the audio in the cion of homicide or foul play. video was incomplete. The Prose- Non- or underpayment 4. Crew on the Fu Tsz Chiun had their pay unfairly docked. The Fisheries cutor’s Office claimed the Indone- The Pingtung Prosecutor Office of fishers Agency took no action. In fact, the Fisheries Agency was unaware this sian interpreters were unfamiliar failed to properly investigate the was inappropriate until the investigation. Being significantly under- with the Central Javanese dialect case, as clearly shown in the Con- paid, the crew “suffered severe infringement of their rights.” spoken in the onboard audio trol Yuan report. 5. The Fisheries Agency was remiss in the manner in which it levied ex- recordings. This is a weak expla- ecutive penalties, revoking the vessel’s fishing licence and crew agent’s nation for a lack of action. When Supriyanto’s family in operating licence, but failing to supervise the payment of compensation. Indonesia, and the Yilan Migrant Some key phrases left untrans- Fisherman’s Union, raised serious lated included allegations that concerns about the quality of the Supriyanto was hurt and abused investigation and its subsequent by engineering crew on board findings, the investigation into Excessive working 6. Supriyanto died after being “abused on the fishing boat Fu Tzu Chiun.” 64 hours, lack of medical the vessel, and could not walk. Supriyanto’s death was eventually 7. The family were initially paid Supriyanto’s salary, but not paid insur- care and cause of Yet the Prosecutor’s investigation referred to the Control Yuan for ance or compensation for his death, since the coroner deemed his death determined that the deaths were review. death due to illness. 34 GREENPEACE REPORT: MISERY AT SEA 35 CHAPTER 2: MISERY AT SEA

Was Supriyanto another victim of forced labor?

“Forced labor is defined as all work or service which is extracted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”68

Above // Fish offloaded at the Donggang fishing port outside Kaohsiung. © // Paul Hilton, Greenpeace

Greenpeace reviewed Supriyanto’s case in detail, One of the more troubling features of this case is 1. The FA failed to establish that Supriyanto had or issues to be examined by the Fisheries Agency. and conducted further analysis of the Control Yuan that the abuse of Supriyanto appears to have been signed a labor contract with inappropriate and The events leading to Supriyanto’s death, and the corrective measures case document, and found that overlooked by the Fisheries Agency. unequal terms of work. people and agents involved and responsible, from in addition to the abuse suffered by Supriyanto, recruitment to death, must be fully investigated other indicators of forced labor may be present in There were two deaths on board his vessel within 2. The FA failed to evaluate or examine the role of and explained. his case, including: the space of a month, a considerable body of evi- the involved recruitment agencies. dence suggesting severe physical abuse, and in- • Deceptive recruitment dicators of forced labor, yet Taiwanese authorities 3. The FA failed to conduct a proper investigation. • Exploitation failed to properly investigate the deaths, the vessel • Physical abuse/violence owners, and the recruitment agencies responsible The Control Yuan has now referred the case back to • Isolation for providing crew to the vessel. the Fisheries Agency for review and further action, • Abusive working conditions but there has been no specific recognition or men- • Abusive living conditions The Control Yuan criticised the FA in three key ways: tion of forced labor or human trafficking as factors 36 GREENPEACE REPORT: MISERY AT SEA 37 CHAPTER 2: MISERY AT SEA A history of violence: Tunago No. 61

Taiwan

On 7 May 2016, the Vanuatu owners in Taiwan to inform them second nine years of their flagged longline fishing vessel, of the captain’s death. The vessel sentence. Tunago No. 61 sailed from Kao- subsequently made its way to Fiji. hsiung port in Taiwan towards When the six crew members were An analysis of the Supreme Court fishing grounds in the Central interviewed by Fijian police, they sentencing notes71 indicates that Pacific. Its 28 crew included six admitted their involvement in evidence suggesting the six men Vietnamese, seven Filipinos and killing the captain. had been subjected to discrimi- 13 Indonesian men. The captain of nation, mistreatment, and verbal the vessel was Xie Dingrong, from The six Indonesians were extra- and physical abuse by the cap- mainland China, and the vessel dited to Vanuatu in early 2017, tain, over an extended period and was Taiwanese owned.70 where they subsequently pleaded including the immediate lead up guilty to the captain’s murder. to the captain’s death, was a miti- On the night of 7 September, with The Supreme Court of Vanuatu gating factor in their sentencing. the vessel on the high seas be- sentenced the men to 18 years In spite of noting the mistreat- tween Easter Island and Fiji, six of imprisonment, with a minimum ment and abuse, the court deter- the Indonesian crew entered the non-parole period of nine years, mined that it did not amount to captain’s cabin and attacked and recommending that the crew, a defence of provocation, rather killed him. The next day, the chief once eligible for parole, could be it provided some explanation for engineer contacted the vessel returned to Indonesia to serve the what had occurred on board.72

Vanuatu Fiji

Figure 5: Tunago No. 61 Pacific Journey in 201669

Vessel movement detected

Fishing activity detected

Day of captain’s death

0 2000 4000 km

0 1000 2000 mi

Scale 1:100,000,000 Miller Cylindrical projection Cartography: © CartoricalTM 2018 38 GREENPEACE REPORT: MISERY AT SEA 39 CHAPTER 2: MISERY AT SEA

I asked the captain for a medicine, he slapped my head. And he kicked me. He also said ‘if you come to ask for the medicine again, I’ll kill you.’

I just wanted to do my work. One day, For food, because we are all Muslim, we are not al- Right and Above // there was an accident, I got a wound lowed to eat pork, but we always get pork for the meal. Tunago No. 61 Crew member © // Dan Salmon because a part of my body had been But we did not have any choice if we do not eat the Current Situation cut and torn open by the hook. pork, we would not have any energy to work again.

I was still not angry at that time, There was a day, one of the crew because it was just a small acci- got wounded by the hook. Others dent. After that, when he [the cap- said he had to take a rest, but he tain] woke up, I did not understand still had to work. He got the wound what was the matter with him, he in the afternoon, but he had to Greenpeace investigators have up to the captain’s death. All six • A threat to kill one of them changed, he said….’alarm’….’beep work again in the middle of the analyzed the movement of the interviewed men appeared to be the night before the captain beep’…. then we have to wake up, night. vessel and its history and found traumatized by their treatment, was killed. if we are still sleeping, eating, or that the vessel Tunago No. 61 had and told remarkably similar • Unsustainably long working doing anything else, then just go Every time, during the working been involved in previous reports stories about the persistent and days (on average 20-hour home. I don’t understand why he time, sometimes when we took a of violent abuse of migrant crew.73 violent conduct of the captain in work days). was like that. rest or sleep, he will change the the months they were at sea. working time. To help understand the events The six men told Greenpeace One day, I did not do anything leading to the captain’s death, The six interviews reveal that the that their passports were held wrong, but he went to our room Sometimes when we got sick, Greenpeace investigators trav- fishing crew were subject to: by the captain, and that they had and kicked all the boys in my room. when I did not have any energy to elled to Vanuatu to interview the not been paid in accordance with He came to our room, and then he work, but the captain still forced us six crew members currently serv- • Violent physical abuse, their previously signed contracts. started to kick everybody inside to work. ‘Fuck you…go to work!’ ing their sentences on the island including multiple assaults, the room. of Efate. even with sticks. The following pages feature ex- I asked him for a medicine, he still • Severe sleep deprivation. cerpts from interviews with some Every night, sometimes I just had asked me to continue my work The interviews paint a picture • Regular verbal abuse. of the incarcerated crew. The 1 hour to sleep. He said ‘stay here’, and then I had to and slapped my head. He told my friend, do not ask of inhumane working and living • Inadequate and inappropriate excerpts are translated and may look around, in case if there was something wrong, about it again. And he kicked me. conditions on board Tunago No. food, including being forced be jarring and difficult to read. I have to report it. But I cried, I only have 1 hour to The captain also said to me, ‘if you 61, and the abusive treatment of to eat pork (contrary to their sleep. I wanted to go back home. The treatment is come to ask for the medicine again, I the crew in the months leading Muslim faith). not humane. will kill you.’ 40 GREENPEACE REPORT: MISERY AT SEA 41 CHAPTER 2: MISERY AT SEA

If just angry and scolding, for me it is not a problem, but it become a problem because hit with a broom, eat have to be faster, asked to get up with the foot, often hit the head / slap, not just once or twice, it was often for about 3-4 months. The captain’s behavior is not good for me, even I “If just angry and scolding, for me did not being scolded a lot or being hit a lot. it is not a problem, but it become a Not just this time, before in 2014 I went to South Africa, but different boat and different company. problem because hit with a broom, Some friends from the same nation and I not just eat have to be faster, asked to get worked, but also tormented. Not only me, my friends too, such as the men from Garut, Cianjur, up with the foot, often hit the head and Tegal. Three of them got hit by the captain with the beam block, their butts were hit just be- / slap, not just once or twice, it cause a small things. was often for about 3-4 months” It was my first time to work at the boat, I did not anything, tortured, I only have to be patient through those things and waiting for the next berth.

At that time, the captain not only often hit us, there is a guy who had been working for 11 months, his arm sore even ulcerated, swollen, the foot also had boils since had to work often, and only had a little spare time to take a Below// Tunago No. 61 Crew member bath, really sleepy, work, sleep, eat, © // Dan Salmon that is everyday things to do. I am responsible to rolling up the string. For about 15 hours I had Above // Tunago No. 61 Letter to Greenpeace to stand up at the edge of the boat, hit by the waves without any protective equipment. Then I transferred to the mengline that is to untangle the ropes.

Since the bad weather and big waves are com- ing, a lot of the strings and mengline ropes tangled each other. I was overwhelmed because too many of them and only 2 of us were working in the mengline without any help. The captain came and slapped me twice, I just speechless, I thought maybe it was my fault, but why you have to do it with abusive behavior, but I took the positive things.

There was a time, I transferred the fishes to a bigger boat, I was working on the top of Below // Tunago No. 61 Crew members © // Dan Salmon the freezer, but captain asked me to working inside the freezer, I refused it. And he thrown a frozen fish to me, I dodged it, but it slapped “We even were my right leg, make my foot wounded. prohibited to eat the After that, we worked for 2 days to transfer the fishes, we only took a rest for 4 hours, and haul fishes, we only ate then filled the diesel fuel. After filled it, we were walking, the the pork, it was forced captain said, in the evening have to set the baits. to eat by the captain” 42 GREENPEACE REPORT: MISERY AT SEA 43 CHAPTER 2: MISERY AT SEA

Dr. Ian Goodwin’s analysis

Greenpeace referred transcripts of their interviews gest the following indicators of forced labor existed “When we’d just got up from to forensic psychiatrist Dr. Ian Goodwin,74 seeking on board Tunago No. 61 prior to the death of the an opinion on what, if any, features of the crew’s ex- captain. bed, we always got hit by a perience at sea were relevant to their offending. His bamboo stem, when (we) were opinion on the case is informative. 1. Abuse of vulnerability 2. Deception “The living and working conditions, as described eating he always watching (us) by the interviewees would clearly have had a sig- 3. Physical abuse nificant impact on their mental health. Specifically, 4. Isolation and we’d just get 5 minutes they were significantly fatigued, sleep deprived and to finish it all… When working, if the captain saw the poorly fed.” 5. Intimidation and threats 6. Abusive working conditions “From a medico-legal perspective, the circumstanc- Indonesian crews take a break, he would be upset es of the captain’s murder raise questions around 7. Retention of identity documents both provocation and diminished responsibility, due 8. Excessive overtime and hit or do some violence things” to the prolonged and extreme nature of the abuse these men suffered, during the months they were on In spite of these indicators, Taiwan does not appear board for this voyage.” to have conducted any formal investigation into the recruitment, placement, and treatment of the crew The interviews raise issues around self-defence, aboard the Taiwanese owned Tunago No. 61 in the provocation, and diminished responsibility, but sug- months leading up to the captain’s death.

Below // Post Office Box 213, Port Vila, Vanuatu © // Dan Salmon “On 6, 7 September, it was even getting worse, I finished throw some kilos of the fishes, not just kilos, even tons, I forget.

I did that inside the freezer area for 5 hours, I had a break time just for eat, on 7 (September) I really want to go back home” 44 GREENPEACE REPORT: MISERY AT SEA 45 CHAPTER 2: MISERY AT SEA

Yet another example of uninvestigated forced labor in Taiwan’s fishing industry?

Greenpeace is concerned that It is clear substantial parts of the questions about whether the use again, that the Fisheries Agency of serious exploitation on board a Taiwanese authorities are using recruitment process took place of FOCs is enabling Taiwan to has failed to meet the minimum Taiwanese owned longline fishing the vessel’s Vanuatu flag as an and were controlled in Taiwan. avoid responsibility for the actions standards of the US TVPA by fail- vessel. excuse to avoid investigating Given the scale of Taiwan’s of its citizens and businesses ing to vigorously investigate and or prosecuting possible crimes longline fleet using flags of con- at sea. In the tragic case of the prosecute what to all outward ap- Down // Vanuatu Prison, 75 Port Vila, Vanuatu involving Tunago No. 61. venience, this raises troubling Tunago No 61. It appears, yet pearances looks like another case © // Dan Salmon 46 GREENPEACE REPORT: MISERY AT SEA 47 CHAPTER 2: MISERY AT SEA

The FCF connection

Does FCF do business with Tunago No. 61?

FCF’s website acknowledges The longline fleet, where human Greenpeace has identified links have sighted records that confirm the existence of exploitation and rights and labor abuses appear to between Tunago No. 61 and FCF has traded with both Shin human rights risks in its supply be concentrated, has no account- FCF, including from the voyage Ho Chun No. 102, and its sister chain. The “FCF Social Accounta- ability project or code of conduct. that resulted in the death of Xie vessel, Shin Ho Chun No. 101. bility Project” prohibits child labor, Dingrong. forced labor and other abuses on Greenpeace examined the three FCF have acknowledged to board vessels supplying FCF.76 longline vessel cases in Chapter Just days before the captain’s Greenpeace that they trade with Two, in an effort to establish if death Tunago No. 61 transshipped both vessels, confirming FCF’s However, the Social Accountabil- FCF was at risk of receiving, and with a Shin Ho Chun No. 102, a link to this tragic case. ity Project applies exclusively to therefore selling, tuna from these Panamanian flagged, Taiwanese FCF’s purse seine fleet. tainted vessels. owned, fish carrier. Greenpeace

Did FCF do business with giant ocean vessels? Below // The crew of an tuna longliner at work during a transshipment of frozen fish to a carrier mothership. © // Juan Vilata

Vessel identification by victims of Ocean shareholders’ conviction Did FCF do business exploitation, forced labor and traf- (2016-17). The records show that with Fu Tsz Chiun? ficking is often frustrated by fish- FCF and its subsidiary were buy- ers' inability to read, the language ing fish from vessels implicated in of vessel markings, or recollection the human trafficking ring before 77 Greenpeace did not find any evi- of victims. Despite this, around a Giant Ocean shareholder were dence to link FCF with the vessel third of Giant Ocean victims were prosecuted and at least one con- on which Supriyanto died. able to name the vessel(s) they tinued to supply FCF following were on. the Cambodian prosecution. FCF ignored questions from Greenpeace about whether Greenpeace researchers have Giant Ocean vessels which have Fu Tsz Chiun was one of their sighted several business records had a trading relationship with suppliers. detailing cooperation between FCF include Wei Ching and Shin FCF and its subsidiary FCN, and Lung 216.78 vessels involved in the Giant Ocean case. Our analysis has Analyzing 2016 and 2017 records, been divided into two parts; the Greenpeace found that Wei Ching events leading up to and includ- continued to sell fish to Japan via ing the conviction (up to 2014), FCF or FCN. and the period following the Giant 48 GREENPEACE REPORT: MISERY AT SEA 49 CHAPTER 2: MISERY AT SEA

Despite the modest improvements noted in the Taiwanese fishing vessels. Taiwan appears to have FCF is a major supplier to global seafood brands, 2017 US Trafficking in Persons report, the evidence put this egregious case of human trafficking into the including Chicken of the Sea, Bumble Bee, Princes, Conclusion outlined in this chapter suggests that Taiwan’s ‘too hard’ basket. Frinsa, and SeaValue.80 If its supply chain is tainted efforts to address modern day slavery, forced labor with human rights abuses, there is little doubt that and labor abuse in the fishing industry are far from In both the Tunago No. 61 and Supriyanto cases, tainted seafood is making its way into sushi shops effective. They also fail to meet existing legal obliga- there are clear indicators of violence and exploita- and dinner plates in Asia, Europe and the Americas. tions under the 2012 Taiwanese Human Trafficking tion, and unanswered questions around forced labor. Prevention Act, and higher international standards Yet Taiwanese authorities appear to have failed to FCF’s apparent silence on standards for the treat- or benchmarks such as those set out in the US Traf- take any substantive steps to deal with this evi- ment of migrant crew on its longline fleet is a glar- ficking Victims Protection Act of 2000.79 dence. Moreover, those involved in placing crew ing gap that needs urgent attention. There are many onboard Taiwanese vessels appear to have faced hundreds of Taiwanese longline vessels operating In the Giant Ocean case, convicted human traffick- inadequate scrutiny from Taiwan’s authorities. largely unobserved, and unless they are properly Above // Clouds and Sunset ers have been allowed to continue profiting from the monitored and regulated, abuses will continue un- in the Pacific Ocean © // Mark Smith, Greenpeace recruitment of migrant crew for Taiwanese fishing Confirmation that vessels linked with FCF have en- checked. companies despite being responsible for dozens, if gaged trafficked labor should ring alarm bells with not hundreds, of trafficking victims being placed on major seafood retailers around the world. 50 GREENPEACE REPORT: MISERY AT SEA 51 CHAPTER 3: MUDDIED WATERS Chapter 3: Muddied waters: Systemic enablers of misery at sea

Below // Taiwanese Longliner during a tuna transshipment on the high seas in the Indian Ocean. © // Jiri Rezac, Greenpeace This chapter explores the major This chapter examines the struc- Taiwanese intermediaries, creates contributing factors that allow tural and governance issues in legal uncertainty, confusing human rights abuses (and IUU) to Taiwan’s fishing regulatory sys- crew and regulators alike. In persist in Taiwan’s distant water tem that continue to allow abuses addition, proxy regulators, like fisheries. to occur, including: Fishermen’s Associations, are fundamentally compromised by Throughout 2017, Greenpeace Weak enforcement by regu- conflicts of interest. They provide investigators repeatedly received lators: Taiwan’s key regulatory employment and are therefore reports from migrant workers agencies appear to regularly fail responsible, in theory, for ensuring on fishing vessels, mostly tuna migrant workers by not properly workers' rights are respected, and longliners, forced to work long investigating or sanctioning law on the other hand they represent hours in unhygienic living condi- and rule breakers. When penalties the financial interests of the tions, receiving wages well below are imposed, they are often minor Taiwanese fishing industry. minimum wage, and suffering and not clear deterrents to new verbal and physical abuse at the cases. The second section discusses in hands of senior crew.81 These detail how, relative to the cases in issues have been identified as on- Incoherent and unenforced Chapter Two, mechanisms such going by other (local) NGOs who laws: Confusing or unclear leg- as shell corporations, flags of work with migrant crew onboard islation, creates an environment convenience, recruitment agents, Taiwanese vessels.82 where offenders are able to slip and transshipment at sea, protect through legal loopholes. Taiwan’s individuals, businesses, and cor- These reports and the cases dis- unusual diplomatic status, the porations from accountability. cussed in Chapter Two indicate complexities of jurisdictional there is a substantial body of evi- issues at sea, and confusion cre- For full accountability, there must dence that the Taiwanese longline ated by the use of flags of con- be complete transparency around DWF fleet is rife with exploitation. venience and offshore companies, who is catching fish, who it is This raises important questions make the legal landscape difficult being supplied to, and where it about the role of key actors, and to navigate. is being sold. The existing condi- whether Taiwan’s government, tions make the transparency the regulatory bodies, and industry The role of recruitment agencies industry so urgently needs very are enabling and inadvertently en- and Fishermen’s Associations: difficult to achieve. couraging an exploitative industry, The outsourcing of recruitment predicated on low cost migrant services to companies based labor? in third countries, involving 52 GREENPEACE REPORT: MISERY AT SEA 53 CHAPTER 3: MUDDIED WATERS Governmental

Taiwan’s Fisheries Agency (FA) the labor rights and working Weak enforcement is an arm of the Council of Agri- conditions of migrant fishers. by regulators culture. The FA is the regulator Following Supriyanto’s death, it responsible for all domestic and was established that the Fisheries international fisheries related Agency conducted no oversight matters. This includes supervising and supervision of the manpower and auditing the employment of brokers”83 involved in Supriyanto’s foreign crew members aboard employment and were “severely Taiwanese owned and operated negligent” in their duty to manage fishing vessels. Its wide ranging the employment of foreign crew. powers and resources should enable it to effectively monitor and This and recent reports84 indicate regulate Taiwan’s lucrative fish- the egregious and widespread ing industry. However, it appears violations of human and labor the FA fails to deliver on this key rights evident in the Giant Ocean A DWF operator can hire crew about violence and threats aboard function. case are endemic in Taiwan’s directly or commission agents the vessel, and strong ownership DWF fleet. The lack of regulatory authorized by the Fisheries Agen- links with Taiwan. With Taiwan- The Supriyanto and Giant Ocean action in this case is further high- cy to conduct the overseas crew ese nationals involved, the fact cases highlight fundamental lighted by the Fisheries Agen- employment.85 86 The fact that that Tunago No. 61 was flagged to issues in Taiwan’s management of cy’s continued authorization of the Fisheries Agency authorised Vanuatu should not absolve Tai- its DWF fleet, and raise questions recruitment agents convicted of convicted Giant Ocean human wanese authorities from respon- about the FA’s ability to protect human trafficking to work in sim- traffickers to hire crew epitomizes sibility. migrant fishers onboard Taiwan- ilar roles in Taiwan. The approval the lack of oversight and permis- ese flagged vessels from traffick- of these employment agents by sive behaviour. This is not the first time the ing, forced labor and exploitation. the Fisheries Agency is a failure in treatment of crew aboard Tuna- the duty of care towards foreign There does not appear to have go No. 61 has been an issue. The In Supriyanto’s case the Fisheries crew aboard Taiwanese vessels. been any Fisheries Agency inves- absence of any Taiwanese investi- Agency’s negligence, well sum- It is an example of the permissive tigation into the labor situation gation is troubling. marized by Control Yuan, strikes approach Taiwan’s regulators take aboard Tunago No. 61, despite at the core of its duty to protect with these issues. court-documented complaints 54 GREENPEACE REPORT: MISERY AT SEA 55 CHAPTER 3: MUDDIED WATERS

Incoherent, Recruitment agents and unenforced laws the role of Fishermen’s Associations: A conflict of interest?

Globally, the role of recruitment (as discussed in Chapter 1), con- clear, but there will be occasions agencies in enabling human tributes to an environment where where they will be required to rights abuses at sea is well docu- strong drivers encourage recruit- report or sanction errant DWF mented and has received consid- ers and vessel operators to exploit operators, and in doing so, act erable academic, media and law vulnerable migrant workers. DWF against the [financial] interests of enforcement attention. The issue operators can either hire crew the industry itself. is particularly acute for Taiwan, directly, or commission agents because of the size of its DWF authorized by the FA to conduct The three cases discussed in fleet and the reluctance of its the overseas crew employment.95 Chapter Two raise important domestic workers to embark on questions about the role of recruit- fishing careers at sea. To further complicate the labor ment agents, and the involvement supply chain, a powerful group of of Fishermen’s Associations, in Existing research and literature “Fishermen’s Associations” play a placing migrant workers on board tends to examine the supply side vital role in Taiwan in the recruit- vessels where they are exploited. of the forced labor and trafficking ment of migrant crew, alongside equation, focusing on geographic their regulatory work and related The ongoing authorization by the regions such as South East Asia responsibilities. These dual roles government regulator, the Fisher- rather than the global picture. appear to create a conflict of ies Agency, of crewing agencies The legal frameworks and con- interest, where Fishermen’s As- operated by the convicted Giant tributing factors that exist on the sociations are mandated to assist Ocean human traffickers demon- demand side of the equation have the government with regulatory strates a permissive and troubling received much less attention, functions,96 while at the same approach to grave human rights particularly in Taiwan, perhaps time representing the commercial abuses by the Taiwanese Govern- because of its reputation as an interests of the fishing industry. ment. advanced economy. How the Fishermen’s Associations Taiwan’s broken business model prioritize their dual roles is not Above// Shoppers at the Sinda Port fish market in Kaohsiung, Taiwan © // Shutterstock.com

International criticism and polit- tion of crew, establishing specific Standard Act, as well as the ab- ical pressure from the EU yellow provisions for manning agents sence of mechanisms for effective card led Taiwan to make changes and vessel operators. Under the oversight and supervision. to legislation governing its DWF new regulations,91 the Fisheries operations in 2016.87 88 The law Agency is authorised to inspect Under Taiwanese law an employ- changes targeted problemat- and investigate human trafficking ment contract with fair terms of ic fishing practices and vessel and labor rights abuses taking work must be established be- management regulations in an place in Taiwanese territory, on tween a migrant fisher and the Fishermen’s Fishermen’s Associations are professional business entity and a attempt to combat IUU fishing.89 land or at sea.92 Taiwanese vessel operator, or an Associations in Taiwan generally populated by fishers, as fishing community entity. Pres- FA authorised crew agency. well as vessel and fishing com- ently, there are 40 Associations Authorized by the Distant Wa- However, there are notable dis- pany owners. Different branches in Taiwan: one national and 39 ter Fisheries Act, the Council crepancies between the Regula- Despite this, Greenpeace has are established according to regional, with a total of 420,000 of Agriculture implemented the tions and the International Labor interviewed several migrant administrative districts and fish- members throughout Taiwan.97 Regulations on the Authorization Organisation Work in Fishing crew who reported their only ing grounds. These Associations and Management of Overseas Convention (ILO 188), including employment contract was with combine the characteristics of a Employment of Foreign Crew fewer days of rest, the potential overseas-based brokers and that Members (the Regulations) in ear- for the deduction of wages,93 there was no contract, as far as ly 2017.90 The Regulations sought and the continuation of a mini- they knew, with any Taiwanese to eliminate the serious exploita- mum wage below Taiwan’s Labor entity.94 56 GREENPEACE REPORT: MISERY AT SEA 57 CHAPTER 3: MUDDIED WATERS

investigations into exploitation, prescriptive jurisdiction (legisla- FOC. The allegations made by the forced labor, human trafficking tive powers over labor laws) and imprisoned crew raise important and even murder. enforcement jurisdiction (investi- questions over who has responsi- Blurring supply gation and prosecution of crimes) bility for investigating the recruit- The multiple countries with an in- over the vessel flying their flag.104 ment of crew, their treatment at terest in the investigation into the The various roles and responsibil- sea, and the manner in which the killing of Tunago No. 61’s captain ities of Fiji, Indonesia, mainland vessel was operated. Because the chains indicate how legal, diplomatic and China and Taiwan are less clear Taiwanese vessel has elected to commercial interests can be far to the accused men, the captain’s fly Vanuatu’s flag, is Taiwan able reaching, competing and compli- family and the public in Vanuatu. to wash its hands of the offend- cated. ing? How could Vanuatu properly The case of the Tunago No. 61 scrutinize and sanction an entity In this instance, the flag state highlights the dangers inherent based in Taiwan? of Tunago No. 61, Vanuatu, has in a vessel working under an

Whether the perpetrators of hu- ing to hold industry operators to regularly used mechanisms: flags man trafficking, forced labor and account. Untangling ownership of convenience, the use of front exploitation in Taiwan’s fishing structures, and assigning legal companies, and transshipment Figure 5: The nine flags industry are ever really called to and financial liability, can be at sea. The use of each of these of the Tunago No. 61 account, very much depends on difficult, and requires considera- mechanisms feature to varying supply chain transparency. The ble resources, coordination, and degrees in the cases in outlined international police organisa- effort. in Chapter 2. Unfortunately, their tion, Interpol, describes global use is not yet illegal, but all three VESSEL CREW FISHING GROUND INVESTIGATION OWNER FISH SUPPLY fisheries supply chains as both Those wishing to hide their activi- mechanisms contribute substan- lucrative and complex.98 It is this ties are able to employ a variety of tially to ongoing abuses at sea, Flagged to Vanua- 13 Indonesian International / High Fiji. The court Taiwanese Transshipping fish complexity that frustrates regu- tools and mechanisms to confuse and any serious attempt to pre- tu. Departed from 6 Vietnamese seas process was in to Shin Ho Chun lators, and those monitoring the legal responsibility and liabili- vent abuse must include investi- Kaohsiung, Taiwan 7 Filipino Vanuatu 102 Reefer (flagged 2 Chinese (Captain to Panama, owned fishing industry, who are attempt- ty. This section discusses three gating closure of these loopholes. and Chief Engineer) by Tunago)

A Flag of Convenience (FOC) ves- ing to circumvent potential quota Flags of sel is defined by the International restrictions and avoid reductions convenience Transport Workers Federation as of fishing fleet numbers.100 Tai- one that flies the flag of a country wanese ship owners commonly other than the country of owner- ‘flag-out’ their fishing vessels to ship. Globally around 35 States countries like Vanuatu, Panama, have open vessel registries, with and the Seychelles. enticing conditions for foreign vessel owners, including cheap Under international law, every vessel registration, lax monitoring state has the right to grant their and control of fishing activities, nationality to vessels registered low taxes, and poor labor regula- in their state.101 However, a core tions.99 criterion is that ‘there must exist a genuine link between the State The FOC regime is regularly used and the ship’.102 by Taiwan’s DWF fleet. In addition to the large Taiwan-flagged fleet, Not only is the meaning of “gen- a substantial number of Taiwan- uine link” ambiguous and open ese-owned vessels fly a FOC. This to interpretation,103 but the use of benefits vessel operators by help- an FOC has serious impacts on 58 GREENPEACE REPORT: MISERY AT SEA 59 CHAPTER 3: MUDDIED WATERS

Front companies

Below // Post Office Box 1640, Port Vila, Vanuatu © // Dan Salmon Fishing operators, like the owners for the creation of offshore shell report. Most addresses required of Tunago No. 61 and many other or front companies.106 scouring multiple vessel regis- businesses, use foreign subsidi- tration lists, contracts, company aries as front companies. When While most shell or front compa- registrations, and other official or combined with a FOC, this often nies will not be illegal, they have open sources. In each case, the makes vessel ownership opaque, often been linked to illegal activi- beneficial owners were either dif- providing a potential veil of ano- ties including tax evasion, money ficult to find, or at times entirely nymity for those that seek it. laundering and fraud.107 108 109 This untraceable. has happened, in part, because States operating open registries the identity of the person(s) who This is by no means a new prob- normally require any vessel they own, control or benefit from these lem in global fishing. However, it flag to be owned by a national cit- companies is often obscured. appears to be a particularly acute izen or corporation registered in issue within Taiwan’s fishing its territory.105 For a foreign entity In the course of this investigation, industry. to register a vessel under an FOC, Greenpeace repeatedly attempted that entity will need to set up a to visit the premises of compa- company in the state of registra- nies, vessel owners, labor recruit- tion. This creates an environment ment agents and fish suppliers where the use of FOCs is a driver linked to cases of abuse in this

In 2016, at the time of the Tunago 61 incident, the In early 2018, the International Building appeared vessel owners — Tunago Shipping, Lo Shieh Chih vacant, with remnant ‘European Trust Company’ — were listed by the WCPFC as situated in a large signage on the walls. A second address previous- fishery building in Kaohsiung Taiwan. The listed ad- ly linked to Tunago Shipping is also featured as dress for Tunago No. 61 has since changed to a post the contact address for an intriguing collection of office box in Port Vila, Vanuatu.110 The registered offshore entities including fisheries companies, FCF address was the International Building in downtown and a Member of Parliament. Port Vila.

Left // Fishers catching tuna on longline fishing vessel in the Pacific Ocean. © // Mark Smith, Greenpeace 60 GREENPEACE REPORT: MISERY AT SEA 61 CHAPTER 3: MUDDIED WATERS

Transshipment at sea

Transshipment is the transfer of (AIS) messages between 2012 mechanism is the pivotal point at catch from a fishing vessel to a and 2016, and found over 5,500 which fish caught by abused crew refrigerated cargo vessel. It can rendezvous events between a enters the supply chains of major happen inport or at sea. Trans- fishing vessel and a larger cargo markets. shipping at sea allows smaller vessel.120 The data suggests that boats to refuel, restock and re- vessels were likely transhipping In this case, the Panama flagged main fishing for extended periods, at sea. Taiwan flagged fishing Shin Ho Chun 102 is owned by sometimes for years at a time. vessels represented 8% of the Tunago Shipping whose oper- Fish caught by longline vessels suspected global transshipments ating model appears to rely on very often enter the global supply at sea. That figure did not include transshipment at sea for longline chain, and major markets, after FOC vessels owned and operated caught tuna. Greenpeace have being transhipped at sea. from Taiwan. established that Tunago Shipping Company supply links Transhipment can to Taiwan fisheries gi- obscure the origin of ant FCF, meaning that catch, at times facili- events aboard Tunago tating illegal, unreport- No. 61 are inextricably ed, and unregulated linked to FCF’s supply fishing.111 112 Human chain, and that of FCF’s rights abuses and customers. other criminal activity, Seafood supply chains can be ments and regulators allow the including trafficking FCF is a proponent of Impenetrable incredibly complex, involving conditions and mechanisms we and smuggling, are transshipment at sea. It supply chains multiple fishing grounds, process- have outlined in this chapter to also enabled by tran- has more than 30 caring locations, and market des- exist, they will continue to allow shipment at sea.113 114 115 riers that rendezvous tinations.124 Supply chains span large fishing corporations, like Victims of forced labor with fishing vessels regions, states, and companies, FCF, to profit from global supply and trafficking have at sea and provides a which means a single catch can chains whilst distancing them- reported being trapped variety of locations to be subject to multiple regulato- selves from exploitation. on vessels at sea for up meet with the fishing ry jurisdictions and legislative to years at a time.116 117 118 vessels.121 institutions between oceans and Unless these core systemic issues With the assistance of Glob- markets.124 are addressed, the industry will With their ability to track vessel al Fishing Watch, Greenpeace FCF’s transhipping activities continue to pay lip service to behaviour, electronic monitoring examined the AIS data tracking include the transhipment of purse Accountability is the key to human rights abuses and IUU. systems provide tools to estimate for Tunago No. 61. It showed a seine catch to Thai canneries, protecting human rights. Corpo- This is evident in Taiwan’s DWF the global footprint of fishing meeting with the refrigerated coordinating longline delivery to rate social responsibility is not fleet where despite improvements activity, and offer new insights vessel, Shin Ho Chun 102, four PAFCO in Fiji, and likely arrang- enough. Entities at all levels of in the regulatory response to into vessel behavior.119 In early months after departing Kaohsi- ing longline catch from the Indian global supply chains must be re- evidence of these issues, there is 2018 Global Fishing Watch and ung, Taiwan. While both vessels Ocean to European markets via sponsible for preventing traffick- still much to do before Taiwan’s Skytruth analyzed over 22 billion are authorised by the WCPFC the Fishery Improvement Project ing, forced labor and exploitation fishing industry is a sustainable, Automatic Identification System to tranship, the transhipment (FIP).122 123 in their operations. While govern- legal, humane business. 62 GREENPEACE REPORT: MISERY AT SEA 63 CONCLUSIONS

Conclusions Recommendations

With many fishing vessels and appear to have faced no scrutiny in two of our cases, exposing the The failure to address the prob- must reflect the interests of all • comply with, and ensure the companies operating throughout from Taiwanese authorities. responsibility of a global fishing lems identified in this and other parties involved, putting at its effective implementation of, the world, Taiwan is an undoubt- corporation in these abuses and reports, despite the seriousness centre both the rights of work- international fisheries agree- edly a major global fishing player. We argue that the Taiwanese the fundamental need for major of the cases involved, or the ers in the fishing sector and the ments and instruments; The actions and omissions of government is failing to meet companies to move away from a insufficient progress following public’s right to a well preserved the Taiwanese government in existing legal obligations under business model which relies on the notification to Taiwan under marine environment. Meeting • fully comply with national legis- relation to the management of its own national legislation, nota- human exploitation. the EU IUU regulation, speaks of these rights clearly requires an in- lation and international law and fishing activities impact the lives bly the 2012 Taiwanese Human deep-rooted problems in Taiwan’s depth reform, as these problems standards to prevent human of thousands of people, inside Trafficking Prevention Act, as FCF is a major supplier to glob- structures dealing with its fishing are systemic. trafficking and labor abuse and outside Taiwan, as well as the well as international standards al seafood brands, including activities. in its fishing sector, including conservation of global fish stocks. or benchmarks, such as those set Chicken of the Sea, Bumble Bee, There are common themes ensuring adequate resources The global reach of this harmful out in the US Trafficking Victims Princes, Frinsa, and SeaValue: if First and foremost, the Taiwanese driving both IUU fishing and to investigate and prosecute and destructive fleet, combined Protection Act of 2000. its supply chain is tainted with government needs to step back human rights abuses, including alleged cases of human rights with Taiwan’s failure to deliver human rights abuses, there is and re-think its priorities when it under-regulation and inadequate violations; adopt, ratify and responsible fishing policies and The lack of political will in Taiwan high probability that tainted sea- comes to fishing. It is clear that controls by government, and cost implement international labor practices, is significantly damag- to address such important mat- food is making its way into sushi there is too much proximity — pressures arising from overca- standards pertaining to decent ing the country’s reputation. ters is troubling. shops and dinner plates in Asia, when not plain conflict of interest pacity and overfishing, which work in the fisheries sector; Europe and the Americas. — between the government and encourage and enable fishing From the point of view of the sus- Not least, Greenpeace has found the fishing industry of Taiwan. companies to break laws, exploit • ensure best available mon- tainability of fishing activities, the links between some of these A much needed fisheries reform workers and deplete fish stocks. itoring, control and surveil- notification by the EU in October cases and global fish trader FCF Without adequate seafood trace- lance measures are adopted 2015, under its IUU Regulation, ability from capture to plate, and throughout its fisheries control of the possibility of being iden- proper detailed labelling on end regulations and that known tified as a non-cooperating third products, consumers have little loopholes are addressed, such country in fighting IUU fishing, chance to avoid tainted seafood in as through a prohibition of at- puts Taiwan on the list of lag- global food chains. sea transshipments; gard countries when it comes to responsible fisheries. In summary,131 Taiwan must take • put in place legislation en- urgent steps to: suring full transparency and Two and a half years after the traceability of fishing activities notification, Taiwan is yet to fully • conduct an in-depth reform and fish supply chains, in order address the problems identified. of its fisheries policies, put- to meet the right of consum- ting sustainability and human ers to know the origin of their Further, this report demonstrates rights at the core of its objec- products and to allow the that Taiwan’s efforts to effective- tives; participation of civil society; ly address human rights abuses over the last few years, are insuf- • eliminate overcapacity of its • Taiwanese companies involved ficient. In an egregious example, fishing fleet and join interna- in fishing must urgently review convicted human traffickers in the tional initiatives to ensure that their business models and put Giant Ocean case continue to be overcapacity is eliminated in place the means to ensure allowed by the Taiwanese govern- globally, including at Region- that the human rights abus- ment to profit from the recruit- al Fisheries Management es and poor environmental ment of migrant crew for Taiwan- Organizations or through standards endemic to parts ese fishing companies. In both the adoption of measures to of this industry are effectively the Tunago No. 61 and Supriyanto implement the sustainable eliminated. We encourage cases, the Taiwanese authorities Left // A longline development goals (SDGs), governments, regulators and fishing vessel appear to have failed to conduct passes through inter alia to eliminate subsi- companies to look at commit- an in-depth investigation. choppy waters in dies that contribute to over- ments made by Thai Union in the Pacific Ocean. © // Mark Smith, fishing, overcapacity and IUU 2017 to address such issues in Those involved in placing crew Greenpeace fishing; their supply chains. onto Taiwanese vessels involved 64 GREENPEACE REPORT: MISERY AT SEA 65 REFERENCES Endnotes

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AIS: Automatic Identification System

COA: Council of Agriculture For more information contact: [email protected] DWF: Distant Water Fishing EEZ: Exclusive Economic Zone Written by: EJF: Environmental Justice Foundation Jodie Yi Chiao Lee, Stephanie Croft, Tim McKinnel EU: European Union FA: Fisheries Agency With thanks to: FCF: Fong Chun Formosa Fisher Company Ltd Dan Salmon FOC: Flag of Convenience ILO: International Labour Organisation Published in May 2018 by: Greenpeace East Asia IUU: Illegal, Unregulated and Unreported fishing Taipei Office No. 10, Ln.83, Sec. 1, Roosevelt Rd., Zhongzheng DIST., LSCW: Legal Support for Children and Women Taipei City 100, Taiwan MCS: Monitoring Control and Surveillance NGO: Non Governmental Organisation www.greenpeace.org/eastasia/ Tel: +886 22321 5006 RFMO: Regional Fisheries Management Organisation TIP: Trafficking in Persons Design and Layout: SDG: Sustainable Development Goals Andrea Lo Vetere andrealovetere.com UK: United Kingdom UN: United Nations US: United States of America

USAID: United States Agency for International Aid Printed on 100% recycled paper. VMS: Vessel Monitoring System Greenpeace is an independent global campaigning organisation that acts to change attitudes and behaviour, to pro- WCPFC: Western and Central Pacific Fishing Commission tect and conserve the environment and to promote peace.