THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY
The issue of contemporary slavery within the fishing sector has afflicted the region for decades. The situation is difficult due to the cross-territorial jurisdiction of other nations. Nonetheless, this has not been regarded with due seriousness at the regional level, particularly by the Associatio...
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| Format: | Article |
| Language: | Arabic |
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Universiti Sains Islam Malaysia
2025-04-01
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| Series: | Malaysian Journal of Syariah and Law |
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| Online Access: | http://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/776 |
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| author | Belardo Prasetya Mega Jaya Muhammad Rusli Arafat Asep Hakim Zakiran Mohd Hazmi Mohd Rusli Fareed Mohd Hassan Noor Dzuhaidah Osman Amalina Ahmad Tajudin |
| author_facet | Belardo Prasetya Mega Jaya Muhammad Rusli Arafat Asep Hakim Zakiran Mohd Hazmi Mohd Rusli Fareed Mohd Hassan Noor Dzuhaidah Osman Amalina Ahmad Tajudin |
| author_sort | Belardo Prasetya Mega Jaya |
| collection | DOAJ |
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The issue of contemporary slavery within the fishing sector has afflicted the region for decades. The situation is difficult due to the cross-territorial jurisdiction of other nations. Nonetheless, this has not been regarded with due seriousness at the regional level, particularly by the Association of Southeast Asian Nations (ASEAN). This research intends to examine the role and strategy of the Association of Southeast Asian Nations (ASEAN) in safeguarding migrant fishers in Southeast Asia against modern slavery. This research employed normative legal analysis. The contribution of this research lies in the authors’ recommendations for policy reforms within ASEAN aimed at enhancing the protection of migrant fishermen in Southeast Asia from modern slavery, along with the proposal of innovative strategies to effectively address this issue. The research indicated that ASEAN played multiple roles in establishing legislation and enabling ASEAN agencies to safeguard migrant fishers in Southeast Asia against modern slavery. The authors’ analysis indicate that ASEAN requires reforms in order to further enhance the protection of migrant fishers in Southeast Asia from modern slavery. To this end, ASEAN needs effective and comprehensive measures to address this issue. These may include enhancing its recruitment systems and migrant fishers’ contracts, providing training and certification for migrant fishers, implementing proper supervision in recruitment processes, drafting clear employment agreements and regulations for working at sea, and establishing complaints mechanisms to ensure equality and fair opportunities for migrant fishers. These efforts can be achieved, inter alia, by collaborating with ASEAN Member States and relevant stakeholders, ratifying the ILO Convention C-188 and other related agreements, and re-evaluating the interpretation of the ASEAN Way in relation to migrant fishers. Key areas of focus should include: recruitment systems and migrant fishers’ contracts; training and certification for migrant fishers; implementation of supervision and complaints mechanisms; collaboration with Member States and stakeholders; ratification of ILO C-188 and related agreements; and reevaluation of the ASEAN Way’s interpretation.
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| format | Article |
| id | doaj-art-c055be97de4b47f6b5d2958d3b2aff3d |
| institution | Matheson Library |
| issn | 1985-7454 2590-4396 |
| language | Arabic |
| publishDate | 2025-04-01 |
| publisher | Universiti Sains Islam Malaysia |
| record_format | Article |
| series | Malaysian Journal of Syariah and Law |
| spelling | doaj-art-c055be97de4b47f6b5d2958d3b2aff3d2025-07-01T13:36:38ZaraUniversiti Sains Islam MalaysiaMalaysian Journal of Syariah and Law1985-74542590-43962025-04-0113110.33102/mjsl.vol13no1.776THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERYBelardo Prasetya Mega Jaya0Muhammad Rusli Arafat1Asep Hakim Zakiran2Mohd Hazmi Mohd Rusli3Fareed Mohd Hassan4Noor Dzuhaidah Osman5Amalina Ahmad Tajudin6Faculty of Law, Universitas Sultan Ageng Tirtayasa, Serang, Jl. Raya Palka No.Km.3, Sindangsari, Kec. Pabuaran, Serang City, Banten, Indonesia Faculty of Law, Universitas Singaperbangsa, Jl. HS.Ronggo Waluyo, Puseurjaya, Telukjambe Timur, Karawang, West Java, Indonesia Faculty of Law, Universitas Islam Bandung, Indonesia, Tamansari No.20, Tamansari, Kec. Bandung Wetan, Bandung City, West Java, Indonesia Faculty of Syariah and Law, Universiti Sains Islam Malaysia, 71800, Nilai, Negeri Sembilan, MalaysiaFaculty of Syariah and Law, Universiti Sains Islam Malaysia, 71800, Nilai, Negeri Sembilan, MalaysiaFaculty of Syariah and Law, Universiti Sains Islam Malaysia, 71800, Nilai, Negeri Sembilan, MalaysiaFaculty of Syariah and Law, Universiti Sains Islam Malaysia, 71800, Nilai, Negeri Sembilan, Malaysia The issue of contemporary slavery within the fishing sector has afflicted the region for decades. The situation is difficult due to the cross-territorial jurisdiction of other nations. Nonetheless, this has not been regarded with due seriousness at the regional level, particularly by the Association of Southeast Asian Nations (ASEAN). This research intends to examine the role and strategy of the Association of Southeast Asian Nations (ASEAN) in safeguarding migrant fishers in Southeast Asia against modern slavery. This research employed normative legal analysis. The contribution of this research lies in the authors’ recommendations for policy reforms within ASEAN aimed at enhancing the protection of migrant fishermen in Southeast Asia from modern slavery, along with the proposal of innovative strategies to effectively address this issue. The research indicated that ASEAN played multiple roles in establishing legislation and enabling ASEAN agencies to safeguard migrant fishers in Southeast Asia against modern slavery. The authors’ analysis indicate that ASEAN requires reforms in order to further enhance the protection of migrant fishers in Southeast Asia from modern slavery. To this end, ASEAN needs effective and comprehensive measures to address this issue. These may include enhancing its recruitment systems and migrant fishers’ contracts, providing training and certification for migrant fishers, implementing proper supervision in recruitment processes, drafting clear employment agreements and regulations for working at sea, and establishing complaints mechanisms to ensure equality and fair opportunities for migrant fishers. These efforts can be achieved, inter alia, by collaborating with ASEAN Member States and relevant stakeholders, ratifying the ILO Convention C-188 and other related agreements, and re-evaluating the interpretation of the ASEAN Way in relation to migrant fishers. Key areas of focus should include: recruitment systems and migrant fishers’ contracts; training and certification for migrant fishers; implementation of supervision and complaints mechanisms; collaboration with Member States and stakeholders; ratification of ILO C-188 and related agreements; and reevaluation of the ASEAN Way’s interpretation. http://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/776Role of ASEANASEAN strategymodern slaveryASEAN membersmigrant fishermen |
| spellingShingle | Belardo Prasetya Mega Jaya Muhammad Rusli Arafat Asep Hakim Zakiran Mohd Hazmi Mohd Rusli Fareed Mohd Hassan Noor Dzuhaidah Osman Amalina Ahmad Tajudin THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY Malaysian Journal of Syariah and Law Role of ASEAN ASEAN strategy modern slavery ASEAN members migrant fishermen |
| title | THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY |
| title_full | THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY |
| title_fullStr | THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY |
| title_full_unstemmed | THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY |
| title_short | THE ROLE AND STRATEGY OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) IN PROTECTING MIGRANT FISHERS IN SOUTHEAST ASIA AGAINST MODERN SLAVERY |
| title_sort | role and strategy of the association of southeast asian nations asean in protecting migrant fishers in southeast asia against modern slavery |
| topic | Role of ASEAN ASEAN strategy modern slavery ASEAN members migrant fishermen |
| url | http://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/776 |
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