In 2011, a group of Ghanaian fishermen received transit visas to work in the UK through Scotland-based fishing company TN Trawlers. For the following decade aboard the vessel, they were victims of exploitation and forced labor, suffering long hours of work with substandard compensation. Their visas and other forms of legal identification were also withheld. For most workers in predatory environments, the decision to escape is often seen as a last resort: escaping would mean unemployment with no income and would increase the risk of repercussions from the UK government, who often prioritise their own companies and interests above the welfare of immigrant laborers. Stella Maris, a charity focused on helping seafarers in need, intervened in the case and removed the fishermen from the ship. Following a three-year investigation into the TN Group, Stella Maris was able to take this case to court— not only against TN Trawlers but against the UK Government for failing to prevent forced labor on their territories under Article 4 of the European Convention on Human Rights.
The European Convention on Human Rights has established that each nation’s public authority has positive obligations towards the people in their jurisdiction. In short, it is not enough to establish a law banning slavery; steps must actively be taken to ensure that the law is being followed. Public authorities have a responsibility to intervene to stop slavery or forced labor as soon as they become aware of it and an obligation to penalise and effectively prosecute those involved.
The positive obligation requirement was the basis of Stella Maris’s case. The UK Home Office had evidence of instances of modern-day slavery on TN Trawlers vessels spanning back to 2012— yet TN Trawlers continued to receive funding and grants from the Scottish Government even amid government-led investigations into forced labor and human trafficking. Since the government was wholly informed of the illegal acts occurring on their shores, the group of Ghanaian fishermen argued that the government necessarily failed to protect their rights under Article 4 of the ECHR and that they were entitled to compensation from TN Trawlers and the UK Government.
The claimants had been given leave to enter the UK as contract seamen and were legally under the government’s jurisdiction and protection during this time. Once aboard the TN Trawlers vessel, they were subjected to excessively long hours without time off, threats and intimidation, verbal abuse including racist language, cramped and unsanitary living conditions, and had to use faulty and dangerously inadequate equipment. With little access to food, clean water, and medical treatment when necessary, these fishermen were living in conditions of modern slavery. The claimants argued that by failing to have systems in place to protect their rights and by failing to take steps to protect and remove them from a predatory environment, the Home Office had breached their Article 4 ECHR rights.
Highlighting the various documented incidents of labor exploitation in fishing vessels, the case revealed how migrant fishermen on transit visas are distinctly more vulnerable to exploitation due to their unconventional immigration status and lack of statutory employment rights in the UK. In a letter sent to the Home Secretary by the fishermen’s legal representative, Leigh Day, they claim that “the failure of the transit visa regime to provide practical and effective protection for victims of modern slavery, including the three Ghanaian fishermen, is a breach of Article 4 ECHR.” The legal proceedings lasted more than a month and ultimately, the fishermen settled for over £20,000 per person in compensation. Speaking on behalf of the group, one of the fishermen said the settlement was a step towards justice but that “no amount of money can erase the suffering.”
In the past decade alone, the UK Home Office has officially recognised 35 workers employed by TN Trawlers as victims of modern-day slavery— from Ghana as well as the Philippines, India, and Sri Lanka. The fishermen from the Philippines abroad are a particularly interesting manifestation of positive obligations taken seriously by a state. The government of the Philippines has established multiple agreements with different countries outlining terms and regulations for Filipino workers in the maritime transport industry abroad. The Philippines enforces the safety of their nationals and ensures their legal working status, and thus the modern slavery cases concerning Filipino workers have not only been pursued by Stella Maris but also rigorously by their home government. Unfortunately, not all states extend the same level of protection to their citizens.
Stella Maris continues its work in supporting fishermen trapped in conditions of slavery or forced labor, not only in legal battles, but also by offering humanitarian aid such as shelter, food, clothing, and financial assistance. Providing support to ensure that others have the means and resources to escape their situations without fear is central to Stella Maris’s mission. However, Tim Hill, CEO of Stella Maris, recounts that “escaping the vessel is the last resort for fishers who are terrified of losing their ability to work, so we still do not know the size of the problem among the 2500 or so foreign fishers in the UK.” He also noted that although it is undoubtedly important that “Stella Maris and [its] sister charities provide much-needed welfare and financial support for fishers who have escaped, it is critical that law enforcement agencies do more to tackle fisher abuse and slavery, which may require more investment to reinforce their people working tirelessly on the frontline.”
The breakthrough successful prosecution offered a moment of renewed clarity for Stella Maris: the fear of extreme legal consequences is necessary to deter the illegal mistreatment of fishermen. In light of the recent case, the UK government announced a series of new measures addressing the backlogging of modern-day slavery cases, pledging to accelerate support for victims and clear the present cases within two years. These measures, implemented in October of 2024, are being carefully monitored for efficacy over these upcoming months. As Stella Maris and other maritime charities continue its efforts to bring much-needed awareness to the mistreated fishermen in UK waters, the rest of the country must stay vigilant. It is not enough to simply keep slavery off of our shores.
Image by Thomas Nugent via Wikimedia Commons