- Title
- The work In fishing Convention as an Instrument to combat forced labour on fishing vessels: A South African perspective
- Creator
- Hlazo,Nonhlanhla
- Subject
- Fishery law and legislation
- Subject
- Forced labor – South Africa
- Date Issued
- 2021-12
- Date
- 2021-12
- Type
- Doctoral theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/55877
- Identifier
- vital:54396
- Description
- This thesis sets to analyse the provisions of the Work in Fishing Convention (WFC), No. 188 of 2007 and the South African Merchant Shipping Act 57 of 1951 (MSA). This analysis focuses on the regulation of the legal aspects of common practices that result in forced labour and provisions which serve as a deterrence to potential “threats of punishment” used to perpetuate forced labour on fishing vessels. The aim of this analysis is to determine whether South Africa complies with its duties in terms of the WFC. In the process of this analysis, this thesis aims to identify gaps in the MSA that allow for this appalling practice to continue and provide recommendations for amendments to the Merchant Shipping Bill (MSB) based on the identified discrepancies between the MSA and the WFC. Chapter one is an introductory chapter which explains that two elements must be present for a situation to amount to forced labour, namely “involuntariness” and the “threat of penalty.” Chapter two examines South Africa’ s jurisdiction to criminalise, investigate and try fisheries crimes on fishing vessels in different maritime zones. The aim of this examination is to determine whether South Africa has the jurisdiction to criminalise forced labour on fishing vessels in different maritime zones. It is concluded that, while South Africa’s enforcement and adjudicative jurisdiction may be limited in some maritime zones, South Africa has the jurisdiction to criminalise forced labour as a coastal State, flag State, personal State and a port State. Chapter three focuses on global and regional legal instruments to combat forced labour and establishes the significant role of the WFC in combatting forced labour on fishing vessels specifically. It is further concluded that, provided the provisions of the proposed MSB do not change, South Africa currently complies with its duties in accordance with the WFC and goes beyond what is required in some respects. However, South Africa does not comply with its obligation to regulate the recruitment and placement agencies for fishers. This leaves fishers in South Africa vulnerable to coercion by unscrupulous recruitment agencies. It is suggested that the provisions of the WFC relating to the recruitment and placement of fishers can be given effect in South Africa by either amending the current Seafarer Recruitment and Placement Regulations to apply to fishers or by drafting new Merchant Shipping (Fisher Recruitment and Placement) Regulations, which give effect to the WFC in line with the existing Seafarer Recruitment and Placement Regulations and promulgating them in terms of the MSA or its successor.
- Description
- Thesis (LLD) -- Faculty of Law, School Public Law, 2021
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (xiv, 230 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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NMU Department of Public Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Hlazo, N.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |