SAMSA is the South African Maritime Safety Authority, the lead agency in ensuring decent work within the fishing industry, having been given the mandate for implementation by the Department of Employment and Labour (DEL), when The Work in Fishing Convention 2007 (C188) was ratified and appended to the Merchant Shipping Act (MSA). Governed by the Department of Transport, SAMSA ensures compliance with C188 and oversees maritime activities, including vessel registration, navigation, and safety standards. SAMSA’s mission is to advance South Africa’s maritime interests, promote development, and ensure safety, health, and environmental protection. As the Work in Fishing Convention 2007 (C188) was ratified and appended to the MSA, SAMSA is deemed to be a competent authority in terms of Article 7 of C188. SAMSA conducts port state control (PSC) inspections of foreign-flagged fishing vessels, advocates for a global Port State Regime, and builds capacity among state agencies and law enforcement on C188/MSA provisions. SAMSA has the authority to detain vessels, issue fines, enforce prohibition orders for safety and compliance breaches, and act on a foreign fishing vessel that has violated C188 (as defined by Articles 42.3 & 4 of C188).

The roles and responsibilities of SAMSA are to:

• Ensure industry compliance with national legislations applicable to the industry, ILO Convention 188 (C188) and the Merchant Shipping Act (MSA).
• Advise on and guide the inspection of worker’s contracts and agreements.
• Report any irregularities observed by SAMSA surveyors into the DEL inspection structures.
• Communicate any changes to the C188 and other Conventions impacting on fishers, and their protection to DEL.
• Detain those suspected of violating fishers’ rights.
• Issue fines for infringements and prohibition orders.
• Detain vessels for any safety breaches.
• Inspect foreign-flagged fishing vessels for C188 compliance and act on such a vessel if a violation of C188 is detected.

DFFE (Department of Forestry, Fisheries, and the Environment) is tasked with managing, protecting and conserving environment and natural resources, including fish populations, enforcing fishing regulations, issuing licenses, and promoting sustainable fishing practices. The DFFE allocates fishing rights and issues fishing licenses to commercial fisheries that are regulated by government.

The DFFE is responsible for going on board vessels at sea and portside, to ensure GOSA requirements are followed. The department is required to report its suspicion/observation of irregular work on board fishing vessels within the fishing industry, to the relevant, mandated authority, such as SAMSA, DEL and the Border Management Authority (BMA).

DEL (Department of Employment and Labour) ensures compliance with labour laws and regulations related to worker safety, wages, and working conditions. DEL is primarily mandated (among others) to:

• Promote labour standards and fundamental rights at work.
• Provide adequate social safety nets to protect vulnerable workers.
• Enhance occupational health and safety awareness and compliance in the workplace.

The roles and responsibilities of DEL related to labour inspection of fishing vessels/crew contracts are to:

• Support the principles and prescripts contained in the Implementing Partners Agreement.
• Undertake inspections and enforcement activities pertaining to fishing vessels/crew contracts as per the Implementation agreement between DEL & SAMSA.

DEL has a specialized unit, namely, the Inspection & Enforcement Service (IES), that conducts inspections and enforces compliance with labour laws through its three pillars: inspections, advocacy, and enforcement. It conducts planned, reactive, and blitz inspections, collaborating with other agencies like the CCMA, National Prosecuting Authority (NPA), and South African Police Service (SAPS). Advocacy efforts engage employers, employees, and civil society, focusing on areas like child labour and minimum wages. Enforcement actions include recovering owed money, imposing fines, and preventing violations, within specified limitations. The IES educates stakeholders on labour legislation and coordinates blitz operations to address reported incidents promptly.

Indicators are when fishers:

• Do not have a valid contract or a contract that they understand.
• Have been lied to about their working conditions when being recruited.
• Are prohibited from leaving the vessel when it docks at a port, without valid reasons.
• Have excessive working hours beyond what is agreed in their contracts, without receiving compensatory days off.
• Have inadequate sleep, without compensation or time-off.
• Have inadequate and inedible food and water at sea.
• Have inadequate sanitation on board vessels.
• Have no access to their own personal identity and other documentation e.g. passports, qualifications, contracts etc.
• Receive no payment for job done or short-payment of wages.
• Are kept in isolation.
• Are threatened with harm if orders are not followed, to themselves or their families.
• Have been physically, mentally, or sexually abused.
• Have insufficient shore leave.
• Are prohibited from leaving the vessel when it docks at a port, without valid reasons.
• Have no repatriation clause in their contracts.
• Have inadequate healthcare for sickness, injury, or death when working onboard a vessel.
• Have no protective gear when working on board vessels.
• Are subjected to dangerous working conditions.
• Are not listed as crew.
• Experience challenges arising from inadequate work conditions.

Feedback is sent to the reporting parties, involved parties, and escalated to the relevant authorities if needed.
The feedback provided relates to the progress of the case and relevant information needed by other parties in the process to conduct their work.

Civil society organizations (CSOs), such as A21, Stella Maris, the Mission to Seafarers, and all other CSOs operating in the industry work to promote transparency, accountability, and ethical practices in the fishing industry. They safeguard fishers' rights and dignity by:

• Advocating and Raising Awareness: Campaign for policy reforms and highlight labour rights violations and poor working conditions.
• Monitoring and Reporting: Track fishing activities, document abuses, and provide evidence-based reports to drive action.
• Building Capacity of Fishers: Offer training on rights and safety to empower fishers.
• Collaboration: Partner with governments and stakeholders to enhance labour standards and sustainability.
• Support and Assist: Provide legal aid, counselling, and healthcare to fishers facing rights violations.

Indicators are when fishers:

• Do not have a valid contract or a contract that they understand.
• Have been lied to about their working conditions when being recruited.
• Are prohibited from leaving the vessel when it docks at a port, without valid reasons.
• Have excessive working hours beyond what is agreed in their contracts, without receiving compensatory days off.
• Have inadequate sleep, without compensation or time-off.
• Have inadequate and inedible food and water at sea.
• Have inadequate sanitation on board vessels.
• Have no access to their own personal identity and other documentation e.g. passports, qualifications, contracts etc.
• Receive no payment for job done or short-payment of wages.
• Are kept in isolation.
• Are threatened with harm if orders are not followed, to themselves or their families.
• Have been physically, mentally, or sexually abused.
• Have insufficient shore leave.
• Are prohibited from leaving the vessel when it docks at a port, without valid reasons.
• Have no repatriation clause in their contracts.
• Have inadequate healthcare for sickness, injury, or death when working onboard a vessel.
• Have no protective gear when working on board vessels.
• Are subjected to dangerous working conditions.
• Are not listed as crew.
• Experience challenges arising from inadequate work conditions.

You may report any Red Flags or irregular working conditions along with any supporting information to SAMSA, DEL and/or a relevant CSO. The relevant authority is responsible for investigating and taking action on the issue. If required, assistance such as language interpretation services can be requested from A21.
The CSOs collaborate with SAMSA and DEL and other relevant authorities including embassies or consulates for foreign fishers, to ensure that the fishers are heard, the issue is thoroughly investigated, and appropriate follow-up actions are taken.

Feedback is communicated to the reporting parties, all involved stakeholders, and escalated to the relevant authorities including embassies/consulates for foreign fishers if necessary. Fishers who lodged the complaint will also receive updates. The feedback will include the progress of the case and any other relevant information needed by other parties to carry out their responsibilities effectively.

An eyewitness is anyone who observes Red Flags or irregular working conditions aboard fishing vessels, including any member of the public. These include:

• Border Management Authority (BMA): Department of Home Affairs (DHA), Department of Health (DoH), South African Revenue Service (SARS), Customs & Excise, Port Health Services.
• Maritime Border Guards.
• Employers (commercial fisheries, employer organizations, business organizations).
• Statutory councils.
• Trade Unions and Federations.
• Bargaining Councils.
• DoT (Department of Transport).
• SA Navy.
• TNPA (Transnet National Ports Authority).
• Members of the Public.
• Consulates/Embassies.

Indicators are when fishers:

• Do not have a valid contract or a contract that they understand.
• Have been lied to about their working conditions when being recruited.
• Are prohibited from leaving the vessel when it docks at a port, without valid reasons.
• Have excessive working hours beyond what is agreed in their contracts, without receiving compensatory days off.
• Have inadequate sleep, without compensation or time-off.
• Have inadequate and inedible food and water at sea.
• Have inadequate sanitation on board vessels.
• Have no access to their own personal identity and other documentation e.g. passports, qualifications, contracts etc.
• Receive no payment for job done or short-payment of wages.
• Are kept in isolation.
• Are threatened with harm if orders are not followed, to themselves or their families.
• Have been physically, mentally, or sexually abused.
• Have insufficient shore leave.
• Are prohibited from leaving the vessel when it docks at a port, without valid reasons.
• Have no repatriation clause in their contracts.
• Have inadequate healthcare for sickness, injury, or death when working onboard a vessel.
• Have no protective gear when working on board vessels.
• Are subjected to dangerous working conditions.
• Are not listed as crew.
• Experience challenges arising from inadequate work conditions.

You may report any Red Flags or irregular working conditions along with any supporting information to SAMSA, DEL and/or a relevant CSO. The relevant authority is responsible for investigating and taking action on the issue. If required, assistance such as language interpretation services can be requested from A21.
The CSOs collaborate with SAMSA and DEL and other relevant authorities including embassies or consulates for foreign fishers, to ensure that the fishers are heard, the issue is thoroughly investigated, and appropriate follow-up actions are taken.

Feedback is communicated to the reporting parties, all involved stakeholders, and escalated to the relevant authorities including embassies/consulates for foreign fishers if necessary. Fishers who lodged the complaint will also receive updates.
The feedback will include the progress of the case and any other relevant information needed by other parties to carry out their responsibilities effectively.
The feedback provided relates to progress of the case and relevant information needed by other parties in the process to conduct their work.

An investigative or judicial role-player supports the process in addressing irregular working conditions aboard fishing vessels by conducting thorough investigations, providing essential administrative support, and prosecuting cases to ensure compliance with labour regulations related to irregular working conditions aboard fishing vessels. An investigative or judicial role-player may play a crucial role in addressing irregular working conditions aboard fishing vessels.

According to the ILO Forced Labour Convention, 1930 (No. 29), forced or compulsory labour is: "all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily." Both involuntariness and coercion must be present for an activity to be classified as forced labour. These conditions can occur during recruitment to coerce acceptance; throughout employment to enforce undesirable conditions; or to prevent individuals from leaving positions against their will.

The fishing industry, by its nature, provides conditions where forced labour is possible and even probable. Fishers could be forced to work through:

• Coercion (the practice of forcing someone to work against their will through threats, pressure, or manipulation e.g. - using an unpayable debt to trap people into forced labour, making them work indefinitely under unfair conditions).
• Deception during recruitment (being promised certain things that don’t come to fruition, such as good pay and decent work conditions).
• Entrapment (being trapped in a situation from which there’s no easy escape).
• Labour exploitation (being taken advantage of, such as having to work very long hours without rest and compensation).

Trafficking in persons (TiP) is a severe violation of human rights, reducing human beings to mere objects of exploitation.
The following 3 elements have to be present and connected to each other for a case to be a Trafficking case:

• The Act (What is done): This includes actions like recruiting, transporting, transferring, receiving, or harbouring a person.
• The Means (How it is done): This involves the use of threats, force, coercion, abduction, deception, abuse of power, or giving benefits to one person who has control another person.
• The Purpose (Why it is done): The goal is always exploitation, which can include forced labour, slavery, servitude, sexual exploitation, or other forms of exploitation. Even if the exploitation hasn't happened yet, proving the intent to exploit existed during the “Act” stage, is enough to consider it a trafficking case. For anyone under 18 years old (a minor), only two elements (the act and the purpose) need to be present. If the intent is exploitation of the child, the means used (or even consent from the minor) does not matter.

Under South African law, fishers can be victims of trafficking for forced labour. The legal framework includes:

• Prevention and Combating of Trafficking in Persons Act (PACOTIP), 2013 (Act No. 7 of 2013): This is the main law against human trafficking in South Africa, criminalizing all forms of trafficking, including forced labour.
• Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997): This law sets minimum employment conditions, like working hours and wages, and prohibits any form of forced labour.
• Foreign Victims on Foreign Flagged Vessels: South African trafficking law extends its protections to all victims of human trafficking, including foreign nationals, regardless of the victim's nationality or the flag of the vessel they are on. When a foreign-flagged vessel enters a South African port, and there are suspicions or evidence of human trafficking, South African authorities have the legal authority to intervene and take action as per the PACOTIP Act.

If a case of forced labour and/or human trafficking (including children) is evident, then it is referred to the Provincial Task Team for Trafficking in Persons for further investigation, prosecution, and conviction.

Liability of carriers: Section 9 of the PACOTIP Act, criminalizes the act by which a carrier transports a person within or across the borders of the Republic, knowing or ought reasonably to have known that the person is a victim of trafficking.

Extra-territorial jurisdiction: Section 12 of the PACOTIP Act gives the courts in the Republic of South Africa extra-territorial jurisdiction, in respect of an act amounting to human trafficking, committed outside the Republic (including on carriers) which would have constituted an offence if committed in the Republic.