1.1.1. Abuse and Harassment
Workers in the sector are vulnerable to various types of exploitation and abuse, especially in the high seas and in remote farms and seafood processing facilities, where they are isolated and can be subjected to extreme working environments. In recent years, there have been several studies and reports shining a light on the working and living conditions and experiences of seafood workers.
Read the guiding statements below to help you identify the standards and conditions that need to be in place to ensure workers are not subjected to any form of abuse and harassment.
Guidance
Migrant status is not used as a threat or tool of coercion;
No corporal punishment, mental or physical coercion, verbal abuse, gender-based violence, sexual harassment, or any other form of harassment, including excessive or abusive disciplinary action;
Workers/fishers/farmers’ families or community members are not threatened by employers, buyers, labor brokers, or organized crime;
No forced drug use;
Policy, written in language that can be understood by the worker, prohibits physical abuse, bullying, and sexual harassment, with a disciplinary procedure in place to address such cases;
Management and workers are aware of and trained on the harassment policy;
Workers can report grievances without fear of retaliation.
Additional Information
Definitions
Physical abuse - Any physical contact with the intent to injure or intimidate (including throwing of objects) and disciplinary measures that cause physical discomfort
Verbal harassment - Chronic use of implied or direct threats
Psychological harassment - Humiliating or intimidating verbal or non-verbal behavior
Sexual harassment – Behavior, including gestures, language and physical contact, that is sexually intimidating, abusive, or exploitative
Excessive or abusive disciplinary action - This refers to disciplinary procedures that are disproportionate to the act or violation; not transparent, fair, or humane (which should consist of a progressive and escalating series of warnings, and are clearly communicated to all workers, supervisors, and managers).
Gender-based violence – Violence directed against a person because of their gender. Both men and women experience gender-based violence, but in male-dominated situations, the majority of victims are women and girls, as violence is often rooted in power inequality between women and men (See Food and Agriculture Organization, 2017; Sunde, 2010).
Policy Requirements
Abuse and Harassment Policy – There should be clear description of the forms, nature, and types of actions and behavior that constitute harassment and abuse, and sanctions appropriate to the violation of the policies on:
- Sexual Harassment and Abuse;
- Physical Abuse and Corporal Punishment;
- Psychological Harassment and Abuse; and
- Verbal Harassment and Abuse.
There must be adequate mechanisms to report, receive, investigate, address, and resolve any reports of harassment and abuse. Workers’ reports of violations must be acted upon and corrective actions should be documented. There must be adequate mechanisms to report, receive, investigate, address, and resolve any reports of harassment and abuse.
Non-Retaliation Policy - A non-retaliation policy statement is crucial in order to protect anyone who brings up workplace complaints or participates in the grievance process or investigations. The policy should include a provision that states that workers must not be punished or retaliated against for reporting discriminatory, abusive, and other unacceptable practices.
Sample questions when assessing the Unit of Assessment against the standard
Does the workplace have a policy that prohibits physical abuse, bullying, and harassment?
Is the policy available in a language all workers understand?
Were workers made aware of this policy?
Does the workplace have disciplinary procedures in place to address cases of harassment?
Do you feel these procedures are fair for the alleged actions?