Challenges and possible solutions concerning the inspection/investigation dichotomy in the context of transnational organised fisheries crime: A South African perspective
چالش ها و راه حل های احتمالی مربوط به دوگانگی بازرسی / تحقیق در زمینه جرم سازمان یافته شیلات بین المللی: دیدگاه آفریقای جنوبی-2019
This contribution aims to address transnational organised fisheries crime more effectively by addressing the fact that a number of prosecutions are unsuccessful as a result of non-compliance with constitutional imperatives originating from a failure to properly grasp the inspection/investigation dichotomy. The paper provides a short background to the intricacies of transnational organised fisheries crime with emphasis on their implications for investigations and prosecutions. In the context of South Africa, it discusses the powers of fishery control officers (FCOs) in terms the Marine Living Resources Act, 1998 (MLRA),2 before turning to relevant case law. This discussion provides the background for a discussion on the correct exercise of the powers of FCOs and the impact of failures to correctly exercise legal powers. The final part of the essay looks at possible solutions to the challenges created by the dichotomy by proposing that a number of factors be considered to determine whether an inspection is in fact an investigation, or has evolved into one. It will also propose amendments to the legislation to remove the existing ambiguities and to increase the number of successful prosecutions by reducing fatal ‘legal technicalities’.
Keywords: Fisheries crime | Inspection | Investigation | South Africa
Introduction and overview: Transnational organised fisheries crime
مقدمه و مرور: جرم سازمان یافته بین المللی شیلات-2019
This article sets the scene for the contributions in this Special Issue on Transnational Organised Fisheries Crime. It does so by providing insight into the myriad of complex criminal problems currently facing the global fisheries industry and introducing the fisheries crime concept alongside some of the other key legal concepts relevant to seeking solutions to these challenges. The article introduces the core topics under discussion in the subsequent articles and provides a glimpse into some of the solutions proffered to the challenges of fisheries crime, including from a law enforcement perspective. The articles in this Special Issue contribute to the growing pool of academic writing in the field of fisheries crime.
Keywords: Fisheries crime | Organised crime | Law enforcement
Human trafficking as a fisheries crime? An application of the concept to the New Zealand context
قاچاق انسان به عنوان یک جرم ماهیگیری؟ کاربرد مفهوم در زمینه نیوزلند-2019
Beginning in 2011, Indonesian fishermen from several South Korean foreign charter vessels (FCVs) operating in New Zealands waters walked off their vessels citing labour and human rights abuses, as well as illegal fishing practices. This article argues that the level of these abuses meets the criteria for human trafficking for forced labour under domestic and international law. The article further argues that the human trafficking and illegal fishing practices that occurred on board many of these vessels are intrinsically linked. This connection forms a nexus between the criminal offence of human trafficking for forced labour, and the wider category of unlawful practices termed ‘fisheries crime’. Fisheries crime is an emerging paradigm for conceptualising the range of illegal activities taking place at sea, including illegal fishing activities, document fraud and human trafficking.
Keywords: Human trafficking | New Zealand | Foreign charter vessels | Illegal fishing | Fisheries crime
Fisheries crime, human rights and small-scale fisheries in South Africa: A case of bigger fish to fry
جرم ماهیگیری ، حقوق بشر و ماهیگیری در مقیاس کوچک در آفریقای جنوبی: مورد ماهی بزرگتر برای سرخ کردن-2019
Marine fisheries plays an important role in ensuring food security and providing livelihoods in South Africa, as in many other developing coastal States. Transnational fisheries crime seriously undermines these goals. Drawing on empirical research this contribution highlights the complexity of law enforcement at the interface between low-level poaching and organised crime in the small-scale fisheries sector with reference to a South African case study. Specifically, this article examines the relationship between a fisheries-crime law enforcement approach and the envisaged management approach of the South African Small-Scale Fisheries Policy
Keywords: Fisheries crime | South Africa | Small-scale fisheries policy | Human rights
Legal and practical challenges around restitution, secrecy and asset recovery in transnational fisheries crime: A case study of United States v Bengis, 2013
چالش های حقوقی و عملی پیرامون احیا ، رازداری و بازیابی دارایی در جرم شیلات فراملی: مطالعه موردی ایالات متحده و بنگیس ، 2013-2019
This article explores lack of transparency associated with secrecy-related corporate mechanisms employed in the marine fisheries sector by organised crime networks in an effort to avoid detection and, ultimately, successful prosecution. It does so against the backdrop of the infamous USA/ South African Bengis case, which provides a vivid illustration of some of the complexities associated with combating transnational fisheries crime. In particular the paper describes secrecy-related and other obfuscation tactics to avoid of asset recovery in the final restitution phase of the protracted court case.
The development of the fisheries crime concept and processes to address it in the international arena
توسعه مفهوم جرم و جنایت ماهیگیری و فرآیندهای رسیدگی به آن در عرصه بین المللی-2019
This article traces the emergence of the ‘fisheries crime’ concept from its national Nordic roots through its introduction to, and subsequent acceptance within, the international political arena. The centrality of the associated law enforcement approach is underscored and key international processes aimed at addressing transnational organised crime in the international fishing sector are discussed. The importance of cooperation both domestically, amongst relevant government agencies, and across borders, at a region and global level, in this regard is highlighted.
Keywords: Fisheries crime | Norway | Law enforcement