As of September 2023, the Ministry of Marine Affairs and Fisheries (MMAF) recorded Indonesia’s fisheries product exports reaching USD$4.1 billion, equivalent to Rp 64.3 trillion. This figure exceeded the set target by 53%. Specifically, tuna, skipjack, and mackerel exports reached 282 million dollars, while squid and octopus products reached 195 million USD. For 2023, fishery non-tax revenue is targeted to reach Rp 3.2 billion, representing a 92.9% increase from 2022.
“Behind the performance of Indonesia’s capture fisheries industry lies the blood and sweat of fishing vessel crew (AKP) and fish processing workers who are forced to extract the marine resources of Indonesia continuously,” stated Miftachul, Human Rights Manager at DFW.
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From 2020 to 2023, the National Fisher’s Center documented 123 complaints of labour rights violations on board vessels. Often, these complaints involve forced labour and human trafficking. Of the total complaints, NFC recorded 325 victims, comprising 54.92% domestic fishing vessel crew and 45.08% migrant fishing vessel crew though this represents only a fraction of the hundreds of cases experienced by AKP annually.
Based on these complaints, 47.1% were directed at labour recruitment agencies, followed by ship-owning companies at 28.9%, and individual ship owners at 18.2%. Labour recruitment agencies were reported most frequently by migrant AKP (50), while individual ship owners were most commonly reported by domestic AKP (30). Approximately 58.7% of total cases have been resolved, while 40.5% are in the referral process. The regions receiving the most complaints are North Sulawesi (49), Central Java (30), and West Java (12).
The Aru, Arafura, and Timor Seas, part of the WPP 718, are regions with the highest number of complaints. According to the Ministry of Maritime Affairs and Fisheries’ estimates of the potential fisheries resources in WPP 718, there are 940 vessels holding fishing licenses in this region.
Most victims (35.7%) reported salary deductions without transparency by ship owners or captains. Salary deductions result from the recruitment of AKPs dominated by agencies that provide loans to prospective AKPs, requiring repayment through salary deductions. Unfortunately, agencies do not provide clarity and transparency regarding the borrowed money, and in many cases, AKP returns without receiving any salary due to paying off debts.
Another cause of salary deductions without transparency is ship owners burdening the vessel’s daily needs on the captain. Captains, who have financial limitations, sell goods such as food, toiletries, and even cigarettes. In reality, AKPs should not have to spend money on their daily lives on board.
Salary deductions also occur due to Ministerial Regulation No. 33 of 2021, which allows ship owners to pay AKP monthly or based on a profit-sharing scheme. To minimize costs, ship owners often opt for a profit-sharing scheme heavily dependent on the catch each time the vessel sails.
The second significant issue received by NFC is insurance and social security, accounting for 19.8% of total cases. While work in fisheries is full of risks, ship owners neglect their obligation to provide insurance, as stipulated in Ministerial Regulation No. 33 of 2021. This situation is exacerbated by vessels needing more first aid kits (P3K) and AKP not being provided safety training. Consequently, when AKP experiences work-related accidents leading to paralysis, they have to cover their medical expenses, even though the accidents occurred due to the negligence of the captain and ship owner.
The third most common case is manipulation by fraud (9.6%). Due to the government’s absence in AKP recruitment and placement, agencies fill this void and profit from AKP. Through advertisements on Facebook, middlemen promise high salaries, loans, and facilities before departure. They also promise to create Sea Work Agreements (PKL) and provide Basic Safety Training (BST). However, prospective AKPs end up having to pay for the processing of these two documents.
In addition to the three mentioned cases, AKP also experienced physical and sexual violence (4.1%), employment contract issues (2.5%), and exploitation of vulnerability (2.5%).
Vulnerability of Fisheries Vessel Crew
For business operators, vulnerable AKPs are advantageous because they are easily controlled and will do anything without protest. Economically, AKPs come from unemployed backgrounds and various odd jobs, seeing work at sea as a last resort to earn an income. Due to economic vulnerability, AKP falls into debt traps set by agencies or ship owners.
Agencies or ship owners often confiscate AKP’s citizenship documents as collateral for debt repayment. As a result, AKPs need help with reporting or visiting public facilities such as hospitals.
Due to informal recruitment that does not require experience and skills for work at sea, AKP has limitations in improving bargaining power based on competence. Moreover, no fisheries workers’ union is currently capable of organizing workers and demanding accountability from business operators or the government.
The government also plays a role in the current situation. Although there is a Fisheries Human Rights Certificate through Ministerial Regulation No. 35 of 2015, there has yet to be any implementation and incentives to encourage business operators to have human rights certifications. Additionally, government oversight and inspection to ensure Sea Work Agreements (PKL) and e-logbooks are yet to be conducted, allowing many vessels to sail even though AKP does not have PKL.
Conclusion and Recommendations
Indonesia’s capture fisheries industry is built on forced labour by fisheries vessel crew. In pursuit of maximum profits, vessel owners quickly suppress wages, provide adequate vessel space and supplies without payment, and lack health insurance. In other words, the exploitation of AKP is one of the strategies justified by business operators to gain significant profits with minimal capital. The government is complicit in this exploitation through negligence and permitting vessels to be involved in forced labour.
With the openness of the Indonesian fisheries market, exploitation of AKP is expected to continue and may even increase. Therefore, DFW recommends the following steps that buyers can take, the government, and business operators :
i) Encourage the Ministry of Marine Affairs and Fisheries and the Ministry of Manpower to promptly formulate governance guidelines, including a supervision system for Fisheries Vessel crews and workers in fish processing units, to provide holistic job protection guarantees for Indonesian fisheries workers,
ii) Improve the governance regulations for AKP by revising Ministerial Regulation No. 33 of 2021 by establishing provisions for a fair recruitment system, AKP supervision system, and certainty of AKP status as workers with normative rights,
iii) Encourage the government to inspect and examine vessel working conditions, certification completeness, and competence. These inspections should cover occupational safety and health aspects, social security participation for fisheries workers, BST, Seaman’s Book, and Sea Work Agreements for each fishing vessel,
iv) Consider a wage system based on the provincial minimum wage in the fisheries industry and encourage business operators to be transparent in determining AKP wages,
v) Strengthen the role of provincial governments in overseeing working conditions for fisheries vessels,
vi) Encourage the formation, consolidation, and strengthening of the Fisheries Workers’ Union at the national level as a means for fisheries workers to engage in negotiations with the government and fisheries business operators.
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