A digitised version of ICSF library, with more than 2000 original documents and 12,000+ curated links, collected over the last 33 years The International Collective in Support of Fishworkers (ICSF) is an international non-governmental organization that works towards the establishment of equitable, gender-just,self-reliant and sustainable fisheries, particularly in the small-scale, artisanal sector.
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Finding stable ground: Moving from ‘sea slavery’ to ‘continuum of exploitation

Guelker, Daphne (2024) Finding stable ground: Moving from ‘sea slavery’ to ‘continuum of exploitation. Marine Policy, 167. p. 8.

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Abstract

The use of terms such as sea slavery, modern slavery, slavery, forced labour and human trafficking to describe the exploitation experienced by fishers creates a number of problems. First, these terms are used inconsistently in the wider literature and, in part, fail to engage with the ongoing debate concerning their definition in international law. Use of these terms also implicitly prefers framing situations in criminal terms and consequently seeks solutions in criminal responses. As a result, many fishers are left without protection because their situations either do not actually amount to criminal exploitation or because cases are difficult, if not impossible, to prosecute. This paper reviews the international law definitions of slavery, servitude, forced labour and human trafficking and with reference to case law and literature points to some of the issues in current interpretation and how these apply to fishers. The paper instead proposes that a more stable framework for analysing exploitation and abuse experienced by fishers can be found with reference to a ‘continuum of exploitation’ where exploitation is understood to not be restricted to static criminal law categories but that it can evolve and move along a continuum from less severe to more severe.

Item Type: Articles
Keywords: Slavery, Forced labor, Human Trafficking, Fishers, Fishing Industry, Illegal Undocumented and Unregulated (IUU), ILO
Subjects: Decent Work
Depositing User: Kokila ICSF Krish
Date Deposited: 05 Nov 2024 05:42
Last Modified: 05 Nov 2024 05:42
URI: http://icsfarchives.net/id/eprint/20800

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