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Addressing Labor Exploitation in Fishing in ASEAN (ALFA) Project

provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations.

The ALFA project will strengthen the capacity of the Association of Southeast Asian Nations (ASEAN) sectoral bodies and member countries to coordinate and collaborate to address forced labor and abusive working conditions in the region’s fishing industry. ALFA will focus on ASEAN regional policy implementation, and increased engagement with the private sector, worker organizations, and civil society to mitigate forced labor and trafficking, and improve working conditions for a more sustainable, responsible, and resilient fishing sector.

The Problem

Fishing is big business in Southeast Asia. The 10 member states of the Association for Southeast Asian Nations (ASEAN) contribute 20% of global fish production ($50 billion) and employ millions of workers in the commercial fishing industry. However, commercial fishing, which crosses international boundaries on the high seas makes transparency, accountability, and oversight extremely difficult. Competition to meet the growing global demand for fish along with improvements in fishing technology have led to overfishing and the depletion of fish stock. Fishing vessels must go further out to sea and stay out longer to catch fewer fish. Increased operational costs of fishing put greater pressure on workers to work longer hours for less pay. Fishers are also vulnerable to forced labor, including deceptive recruitment, withheld wages, and debt bondage.

Forced labor and illegal, unreported, and unregulated (IUU) fishing are often interconnected. In Southeast Asia, IUU fishing is rampant due to regulatory gaps, weak capacity for enforcement, and fierce competition to catch limited amounts of fish. An example of IUU fishing is unauthorized transshipment at sea, which can result in fishing crew remaining at sea against their will for months or years. Fishing crews are also subject to harsh and dangerous working conditions, such as long hours, poor hygiene, and occupational hazards. Each year, millions of workers on commercial fishing vessels are injured. However, there are currently no regional standards for occupational safety and health on fishing vessels to protect workers.

ASEAN Working Definition of Forced Labor

Forced Labor Definitions - ASEAN Frameworks and International Legal Frameworks

Although not all ASEAN Member States (9 ASEAN Member States have ratified the ILO C29 except of Brunei Darussalam) have ratified the ILO Convention 29, the labor and the human rights sector of ASEAN adopt its definition of forced labor to be used as working definition in the ASEAN context Article 2 of the C29 - Forced Labor Convention, 1930 (No. 29)

  1. The term forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.
  2. Nevertheless, for the purposes of this Convention, the term forced or compulsory labour shall not include-
    1. (a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character; any
    2. (b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country; any -
    3. © any work or service exacted from any person as a consequence of a conviction in a court of law,

ASEAN Definition of Migrant Workers

ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers Migrant worker“ refers to a person who is to be engaged or employed, is engaged or employed, or has recently been engaged or employed in a remunerated activity in a State of which he or she is not a national. The applicability of the Consensus to different 9 categories of migrant workers shall be subject to the laws, regulations, and policies of respective ASEAN Member States. For the purpose of this Consensus, an “undocumented migrant worker” is a person who fails to comply with the conditions provided for him or her to legally enter the Receiving State and to stay legally for the duration of employment pursuant to the applicable laws, regulations and policies of the Receiving State. This definition includes a migrant worker who has recently been in employment but is no longer legally employed in a remunerated activity. This definition of an “undocumented migrant worker” is applied to Articles 56 and 57 of this Consensus. “Sending State” refers to the ASEAN Member State of which the migrant worker is a national. “Receiving State” refers to the ASEAN Member State which hosts a migrant worker. “Fair treatment® refers to just and reasonable treatment applied to migrant workers in the workplace with respect to working conditions, safety, and access to recourse in the event of employment subject to the prevailing national laws, regulations and policies of the Receiving State.

• Vientiane Declaration on Transition from Informal Employment to Formal Employment towards Decent Work Promotion in ASEAN . ASEAN Declaration on the Protection and the Promotion of the Rights of Migrant Workers • ASEAN Declaration on Strengthening Education for Out-of-School Children and Youth Declaration on the Elimination of Violence against Women and Elimination of Violence against Children in ASEAN • ASEAN Declaration on Strengthening Social Protection . ASEAN Declaration on Culture of Prevention for a Peaceful, Inclusive, Resilient, Healthy and Harmonious Society Declaration on the Protection of Children from All Forms of Online Exploitation and Abuse in ASEAN Joint Statement on Reaffirmation of Commitment to Advancing the Rights of the Child in ASEAN

Other ASEAN Frameworks related to Forced Labor and Child Labor • Vientiane Declaration on Transition from Informal Employment to Formal Employment towards Decent Work Promotion in ASEAN . ASEAN Declaration on the Protection and the Promotion of the Rights of Migrant Workers • ASEAN Declaration on Strengthening Education for Out-of-School Children and Youth Declaration on the Elimination of Violence against Women and Elimination of Violence against Children in ASEAN • ASEAN Declaration on Strengthening Social Protection . ASEAN Declaration on Culture of Prevention for a Peaceful, Inclusive, Resilient, Healthy and Harmonious Society Declaration on the Protection of Children from All Forms of Online Exploitation and Abuse in ASEAN Joint Statement on Reaffirmation of Commitment to Advancing the Rights of the Child in ASEAN

Grantee : Development Alternatives Incorporated (DAI)

CMEP

The CMEP is a tool for project, by the project grounded in the 6 steps of results-based management, to integrate the process of monitoring, evaluating, and reporting on project progress toward achieving intended outcomes while being mindful of critical assumptions and risk.

It is a resource for evidence-based project management, implemental, and decision-making. It comprises an Introduction, 5 Sections, and 3 Annexes.

RESOURCES FOR DEVELOPING AN OCFT COMPREHENSIVE MONITORING & EVALUATION PLAN(CMEP) Website

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