Abstract
Illegal, unreported and unregulated (IUU) fishing is increasingly drawing international attention and coastal states strengthen their efforts to address it as a matter of priority due to its severe implications for food, economic, environmental and social security. As the largest archipelagic country in the world, this is especially problematic for Indonesia. In this already complex geographical and security environment, the authors test the hypothesis that IUU fishing and fisheries crime(s) classify as transnational organized criminal activities. The article argues that IUU fishing is much more than simply a fisheries management issue, since it goes hand in hand with fisheries crime. As a result, although the two concepts are quite distinct, they are so closely interlinked and interrelated throughout the entire value chain of marine fisheries, that they can only be managed effectively collectively by understanding them both within the framework of transnational organized crime. To make this argument, the research utilizes qualitative and quantitative data collected from approximately two thousand trafficked fishers, rescued in 2015 from slavery conditions while stranded in two remote Indonesian locations: Benjina on Aru island and on Ambon island. The article’s findings also unveil new trends relating to the inner workings of the illegal fishing industry, in four different, yet interlinked categories: recruitment patterns and target groups; document forgery; forced labor and abuse; and fisheries violations. The paper concludes by confirming the hypothesis and highlights that IUU fishing provides the ideal (illegal) environment for fisheries crimes and other forms of transnational organized crimes to flourish.
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Notes
The United Nations’ Secretary General report to the General Assembly of the United Nations, under the title ‘Oceans and the Law of the Sea’ identified seven specific threats to maritime security: piracy and armed robbery at sea; terrorist acts involving shipping; offshore installations and other maritime interests; illicit trafficking in arms and weapons of mass destruction; illicit traffic in narcotic drugs and psychotropic substances; smuggling and trafficking of persons by sea; illegal, unreported and unregulated (IUU) fishing; and intentional and unlawful damage to the marine environment.
Regional management organisations or arrangements (RFMO/As) exist in the majority of high seas areas that have major deep-sea fisheries. They are usually tasked with collecting fisheries statistics, assessing resources, making management decisions and monitoring activities. For further details, see http://www.fao.org/fishery/topic/166304/en.
According to the United Nations Convention against Transnational Organized Crime:
- [A]n organized crime group is a “structured group of three or more persons existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences in order to obtain, directly or indirectly, a financial or other material benefit.”
- [A]n offence is transnational if “(a) It is committed in more than one state; (b) It is committed in one state but a substantial part of its preparation, planning, direction or control takes place in another state; (c) It is committed in one state but involves an organized criminal group that engages in criminal activities in more than one state; or (d) It is committed in one state but has substantial effects in another state” (United Nations Centre for International Crime Prevention (2000) Assessing Transnational Organized Crime: Results of a Pilot Survey of 40 Selected Organized Criminal Groups in 16 Countries, Trends in Organized Crime, 6(2): 48–49).
References
Albanese JS (2012) Deciphering the linkages between organized crime and transnational crime. J Int Aff 66(1):1–16
Antaranews (2016) Minister lauds success in fight against illegal fishing [online]. 22 November 2016 Available from http://wwwantaranewscom/en/news/107945/minister-lauds-success-in-fight-against-illegal-fishing Accessed 11 April 2017
ARF [ASEAN Regional Forum] (2016). Co-chairs’ summary report. ARF Workshop on Illegal, Unregulated and Unreported (IUU) Fishing, Bali
ASEAN (2009) ASEAN political-security community blueprint. Jakarta, ASEAN Secretariat
ASEAN news (2017) Illegal fishing costs Indonesia 3 billion dollars a year. Available from http://wwwaseannewsnet/illegal-fishing-costs-indonesia-3-billion-dollars-a-year/ Accessed 11 April 2017
AU [African Union] (2014) 2050 Africa’s Integrated Maritime (AIM) strategy. Available from http://cggrps.org/wp-content/uploads/2050-AIM-Strategy_EN.pdf. Accessed Jan 2018
Bondaroff, P., et al. (2015). The illegal fishing and organised crime nexus: illegal fishing as transnational organised crime. Global Initiative Against Transnational Organized Crime and The Black Fish
Caballero-Anthony M, Hangzo PKK (2013) Transnational crime. In: Caballero-Anthony M, Cook A (eds) Non-traditional security in Asia: issues, challenges and framework for action. ISEAS-Yusof Ishak Institute, Singapore
Chapsos I (2016) Is maritime security a traditional security challenge? In: Masys AJ (ed) Exploring the security landscape: non-traditional security challenges. Advanced sciences and technologies for security applications. Springer, Cham, pp 59–78
Chapsos I, Malcolm J (2017) Maritime security in Indonesia: towards a comprehensive agenda? Mar Policy 76(2017):178–184
De Coning E (2016) Fisheries crime. In: Elliott, L. and Schaedla W., H. (eds.) Handbook of Transnational Environmental Crime. Edward Elgar publishing, Cheltenham, pp 146–167
De Coning E, Witbooi E (2015) Towards a new ‘fisheries crime’ paradigm: challenges and opportunities with reference to South Africa as an illustrative example. Mar Policy 60:208–215
EU [European Union] (2014) European union maritime security strategy. Available from http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2011205%202014%20INIT. Accessed Jan 2018
Finckenauer JO (2005) Problems of definition: what is organized crime? Trend Org Crime 8(3):63–83
Graham, E. (2011) Transnational crime in the fishing industry: Asia’s problem? RSIS Commentaries. No. 62/2011. S. Rajaratnam School of International Studies: Singapore
Haenlein, C. (2017) Below the surface: how illegal, unreported and unregulated fishing threatens our security. RUSI occasional paper, July 2017. Available from https://rusi.org/sites/default/files/201707_rusi_below_the_surface_haenlein.pdf. Accessed Jan 2018
ILO (2014) Profits and poverty: the economics of forced labour. International Labour Office, Geneva
Interpol (2017) Modern Slavery in the Fishing Industry: Interpol ‘project scale’. Interpol Environmental Security, 25 Jan. 2017 [online] available from http://www.seafish.org/media/1675866/seclg_jan2017_projectscale.pdf [accessed 6 Oct 2017]
IOM (2015) ‘Human trafficking in the fishery sector: the Benjina case’, maritime security, June 2015, Issue 7
IOM Indonesia (2015) Ambon’s trafficking-in-person case in relation to IUU fishing report - generated data report. Jakarta, IOM Indonesia
IOM, KKP & Coventry University (2016) Report on human trafficking, forced labour and fisheries crime in the Indonesian fishing industry. Jakarta, IOM Indonesia
IOM Thailand (2011) Trafficking of fishermen in Thailand. International Organization for Migration, Bangkok
Jaiteh VF (2017) The end of shark finning? Impacts of declining catches and fin demand on coastal community livelihoods. Mar Policy 2017. https://doi.org/10.1016/j.marpol.2017.03.027
Liddick D (2014) The dimensions of a transnational crime problem: the case of IUU fishing. Trend Org Crime 17(4):290–312
Malcolm JA (2017) Sustainability as maritime security: a Small Island developing state perspective? Global Policy 8(2):237–245
Malcolm JA, Murday L (2017) Small islands' understanding of maritime security: the cases of Mauritius and Seychelles. J Indian Ocean Reg 13(2):234–256
Osterblom H et al (2011) Illegal fishing and the organized crime analogy. Trend Ecol Evol 26(6):261–262
Parameswaran, P. (2016) ‘Indonesia could sink 57 more vessels in war on illegal fishing’. The Diplomat [online], available from https://thediplomat.com/2016/01/indonesia-could-sink-57-more-vessels-in-war-on-illegal-fishing/ [accessed 06 Oct 2017]
Passas N (1999) Globalization, criminogenic asymmetries and economic crime. Eur J Law Ref 1(4):399–424
Percy S (2016) Maritime crime and naval response. Survival 58(3):155–186
Pomeroy R et al (2016a) Drivers and impacts of fisheries scarcity, competition, and conflict on maritime security. Mar Policy 67(2016):94–104
Pomeroy R et al (2016b) Improving marine fisheries management in Southeast Asia: results of a regional fisheries stakeholder analysis. Mar Policy 65:2016), 20–2016), 29
Salim, T. (2015) More trafficking cases uncovered, The Jakarta Post [online]. 15 May 2015. Available from http://www.thejakartapost.com/news/2015/05/15/more-trafficking-cases-uncovered.html [accessed 10 Apr. 2017]
Santosa, M.A. (2016) The fight against fisheries and associated crimes in Indonesia: Indonesia’s multi-door approach in combating fisheries crime. Presidential task force to combat illegal fishing (TF115) [online], available from http://fishcrime.com/wp-content/uploads/2016/10/Presentation_Mas-Achmad-Santosa.pdf [accessed 06 Oct 2017]
Seafish (2017) Illegal, Unreported and Unregulated fishing [online] available from http://www.seafish.org/responsible-sourcing/conserving-fish-stocks/illegal-unreported-and-unregulated-fishing [accessed 10 Apr. 2017]
Shelley L (1995) Transnational organized crime: an imminent threat to the nation-state? J Int Aff 48(2):463–489
Shelley L (2011) International trafficking: an important component of transnational crime. In: Okubo S, Shelley L (eds) Human security, transnational crime and human trafficking: Asian and western perspectives. Routledge, Abingdon
Tempo (2016) Jokowi to Open International Fisheries Crime Symposium [online]. 10 October 2016. Available from https://en.tempo.co/read/news/2016/10/10/056810927/Jokowi-to-Open-International-Fisheries-Crime-Symposium [Accessed 11 Apr. 2017]
Townsend, M. (2015). ‘Hunt on for slave-crewed Thai trawlers whose catch are UK-bound’, The Guardian [online]. 1 august 2015. Available from www.theguardian.com/world/2015/aug/01/slave-ships-papua-new-guinea-hunt-burmese-men-trawler [accessed 10 Apr. 2017]
UK [United Kingdom] (2014) The UK National Strategy for Maritime Security, London
UN General Assembly (2008) Report of the Secretary General, Oceans and the law of the Seas. A/63/63
United Nations Centre for International Crime Prevention (2000) Assessing transnational organized crime: results of a pilot survey of 40 selected organized criminal groups in 16 countries. Trend Org Crime 6(2):44–92
UNODC (2004) United Nations convention against transnational organized crime and the protocols thereto. United Nations Office on drugs and crime: Vienna, general assembly resolution 55/25 of 15 November 2000
UNODC (2011) Transnational organized crime in the fishing industry. United Nations Office on Drugs and Crime, Vienna
UNODC (2013a) Transnational organized crime in East Asia and the Pacific: a threat assessment. United Nations Office on Drugs and Crime, Vienna
UNODC (2013b) Combatting transnational organized crime committed at sea: issue paper. United Nations Office on Drugs and Crime, Vienna
UNODC (2016) Fisheries crime. United Nations Office on Drugs and Crime, Vienna
US NIC [United States National Intelligence Council] (2016) Global Implications of Illegal, Unreported, and Unregulated (IUU) Fishing. 2016. NIC WP 2016–02
Williams P (1994) Transnational criminal organisations and international security. Survival 36(1):96–113
Williams P (1995) Transnational criminal organisations: strategic alliances. Wash Q 18(1):57–72
Williams, P. (2012). How globalization affects transnational crime’ [online] council on foreign relations. Washington D.C., available from www.cfr.org/transnational-crime/globalization-affects-transnational-crime/p28403 [accessed 12 Feb 2017
Acknowledgements
The authors wish to put on record our thanks to the Editor of ‘Trends in Organized Crime’, the anonymous reviewers and our colleagues Dr Pete Munro, Dr James Malcolm and Ms Laura Payne for their input, feedback and comments on the article, as well as to Jessica Aitken for her professional proofreading services. Collectively they have helped to significantly improve its focus.
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Chapsos, I., Hamilton, S. Illegal fishing and fisheries crime as a transnational organized crime in Indonesia. Trends Organ Crim 22, 255–273 (2019). https://doi.org/10.1007/s12117-018-9329-8
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DOI: https://doi.org/10.1007/s12117-018-9329-8
Keywords
- Maritime security
- Illegal fishing
- Fisheries crime
- Transnational organized crime
- Human trafficking
- Labor exploitation
- Indonesia




