China’s violation of International Maritime laws and human rights: IUU Fishing
Jonys Tan, Volunteer - EngagePolitica (9/8/2024)
China has assumed a global superpower status in today’s society in various aspects from economy to technological advancements. The influence China has over the world is rampant. The Washington Post explains how China managed to expand their international presence such as conducting a dominant position in the biotech and pharmaceutical industries and forging diplomatic relations with the Honduran government, enhancing its image in Central America. In addition, China is also powerful in terms of their maritime operations which are a topic of controversy. Their actions in IUU ( Illegal, Unreported, Unregulated ) fishing have resulted in the abuse of human rights and raised international concerns.
IUU Fishing & United Nations Convention on the Law of the Sea (UNCLOS)
According to the Food and Agriculture Organisation (FAO), IUU fishing which stands for Illegal, unreported and unregulated fishing is defined as a broad term encompassing various fishing activities. This form of fishing activity concerns aspects which include the acquiring and utilising fish, for example, the selling and purchasing seafood acquired through IUU fishing. International frameworks such as the United Nations Convention on the Law of the Sea which was adopted in 1982 a set of rules used to govern all of the world’s oceans and their resources and provide the blueprint for the further development of specific parts of the law of the sea. Having been adopted by organisations like the
Food and Agriculture Organisation; UNCLOS covers regulations for IUU fishing which all members of the United Nations must abide by.
China’s IUU fishing: What is the situation & Who does it affect?
With an estimated number of 564.700 vessels as of 2020; China has the world’s largest fishing fleet and is likely to be still leading the numbers and statistics today. The Chinese maritime operation is a strong and dominant force making it a top player in the fishing industry garnering millions of metric tons of fish and other marine goods. For years and as of recently more Chinese distant water fleets have been making an appearance in foreign waters including regions in Africa and areas outside of China’s national jurisdiction in the Southwest Indian Ocean which the UK non-profit organisation: Environmental Justice Foundation (EJF) shines light upon as it is a central zone for diverse marine biodiversity. Various reporters and experts say that the Chinese IUU fishing operations pose an immense threat to the livelihoods of global fisheries and local fishermen. The environment is also at stake as the practices are often unsustainable for example, shark-finning.
Human Rights abuse
Other than the sustainability and economic concerns, China’s IUU fishing industry is also highlighted as a source of human rights abuse, especially for the foreign workers aboard the vessel. An interview conducted by the Environmental Justice Foundation (EJF) found that of the 44 fishermen interviewed 100% reported abusive working and subhuman living conditions in addition 96% reported excessive overtime hours and 55% reported
physical violence. The rights of the migrant workers aboard those ships are abused in ways such as having their documents and passports confiscated, subjected to living in inhumane and unsanitary living quarters and victimized by physical violence.
International reactions and China’s actions
With multiple national governments voicing their concerns about the increased percentage of IUU fishing. The United Nations declared that 2021 to 2030 would be the decade for Ocean science and Sustainable development. A technology developed by the private sector would allow governments to monitor their waters and make life reports to efficiently report IUU fishing incidents and identify ‘dark vessels’ with little manpower. Other forms of technology include buoys equipped with cameras, recorders and monitors to aid in the prevention of IUU fishing. China’s fisheries law is especially outdated; first adopted in 1986 to combat IUU fishing and focus on responsible and sustainable management solutions. Since its implementation, China has become a leader in global fish production and exportation with contributions to their IUU scale therefore law is overhauled. China has been on the journey of revamping its policies regarding fishery law including the integration of technology for traceability in the seafood supply chain to fight IUU fishing and improve transparency; increased enforcement action and legal reforms.
Conclusion
China’s superpower status has cemented it as a key force in various global industries and a leader in many such as in the production and exportation of fish and other seafood. However, the situation is not always black and white, as multiple sources have discovered their fisheries
practice to be unsustainable and volatile; putting local fishermen and fisheries of the countries affected at risk of their livelihoods and economy. Furthermore, the Human Rights abuse which migrant workers are subjected to is highly concerning and breaches international frameworks. With an overwhelming number of nations speaking their concerns the UN has prioritised the innovation of ocean science and China has been taking initiatives like reforming their policies in the prevention of IUU fishing and increased transparency. Although the future of this situation may be uncertain, the efforts from the accountable parties take centre stage, and the situation could be vastly improved which supports and protects the interests of the environment and local industries.
Meet the author
Jonys is a student from Malaysia whose interests lay in global politics and history which made EngagePolitica enticing for her to be a part of. She is also a resident member of her school’s service society as an avid organiser of fundraising events. Her other interests include baking and watching reruns of the Great British Bake Off. As she goes into her final year of secondary school this autumn she wishes to pursue further studies in International relations and Political Science.
References & Citations
What is IUU fishing? | Illegal, Unreported and Unregulated (IUU) fishing | Food and Agriculture Organization of the United Nations. (n.d.). https://www.fao.org/iuu-fishing/background/what-is-iuu-fishing/en/
United Nations Convention on the Law of the Sea. (n.d.). https://www.imo.org/en/OurWork/Legal/Pages/UnitedNationsConventionOnTheL awOfTheSea.aspx
Gatta, P. P. (2022). The State of World Fisheries and Aquaculture 2022. In FAO eBooks. https://doi.org/10.4060/cc0461en
Kessler, R. (2024, June 6). Report: Illegal fishing and labor abuse rampant in China’s Indian Ocean fleet. Mongabay Environmental News. https://news.mongabay.com/2024/06/report-illegal-fishing-and-labor-abuse-rampa nt-in-chinas-indian-ocean-fleet/#:~:text=A%20recent%20report%20by%20the,in %20the%20Southwest%20Indian%20Ocean
Myers, S. L., Chang, A., Watkins, D., & Fu, C. (2023, May 18). China’s fishing operations raise alarms worldwide. The New York Times. https://www.nytimes.com/interactive/2022/09/26/world/asia/china-fishing-south-a merica.html
China is responsible for systemic human rights abuses and illegal. . .. (n.d.). Environmental Justice Foundation. https://ejfoundation.org/news-media/china-is-responsible-for-systemic-human-rig hts-abuses-and-illegal-fishing-across-the-southwest-indian-ocean-new-investigati on
Philipp Stratmann, North Jersey Media Group. (2023, September 27). The UN has to get serious about illegal fishing. Our seafood supply is in jeopardy. NorthJersey.com. https://www.northjersey.com/story/opinion/2023/09/26/un-must-tackle-iuu-fishing /70961797007/
He, J., & Zhang, X. (2022). China Revamping Decades-Old Fisheries Law to combat illegal, unreported, and Unregulated fishing: Stimulating the intersection of law, technology, and markets. Frontiers in Ecology and Evolution, 10. https://doi.org/10.3389/fevo.2022.777497