Abstract

Fishers have pronounced vulnerabilities to labour exploitation and modern slavery. Regulatory efforts to mitigate fisher labour exploitation through domestic modern slavery legislation, and through the ratification and implementation of The International Labour Organization’s Work in Fishing Convention (C188) have had varying success. This heterogeneity is mainly because the implementation of C188 rests upon ratified states enforcing aligned domestic legislation, and rests also on the supposition that each port state has the resources and capacity to implement these standards within its port networks through enforcement levers and agencies often with varying operational reach and with overlapping jurisdictions. In practice, C188 applies messily and variably in ports. Increasingly ports are cast as fulcrums for addressing labour abuses in fishing, yet policies have struggled to connect together the needs of individual fishers with relevant port structures and services in a meaningful and actionable way. This paper advances a conceptual model for conducting a port-by-port analysis of port communities by appraising site-based assets and dynamics. With this understanding, a port-based and place-specific account of fisher vulnerability and resilience can be constructed. This analysis also considers how regulatory coverage and enforcement can be supplemented by the operationalisation of a multi-factored, multi-scalar consideration of risk determinants. Together this dynamic asset and liability-based model of port resilience can better reflect the variability of port enforcement, capacity, and infrastructure to more effectively assess fisher labour exploitation and identify pathways for improved enforcement.

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