On October 19th, 2021, Hon. Kasthuri Patto, MP (Malaysia), PGA Board Member, presented during the International Maritime Organization’s (IMO) Regional Webinar on the Ratification and Implementation of the 2012 Cape Town Agreement (CTA) in Asia. The Webinar focused on overcoming the challenges faced by countries in the region as they move towards ratification of the CTA.
At her opening remarks, the moderator, Ms. Tahiana Fajardo Vargas, Senior Associate of The Pew Charitable Trusts, explained how the increase of illegal, unreported, and unregulated (IUU) fishing negatively impact fishing vessel crew safety and working conditions. Until the CTA enters into force, there are no mandatory global safety regulations for fishing vessels.
In this context, Hon. Patto briefed the participants on the progress and challenges faced by Malaysia in the CTA ratification process. She emphasized the significant impact of COVID-19 on global maritime governance and safety in the fishing industry, highlighting that the increase of IUU fishing also involves various human rights violations, from trafficking of small arms/light weapons to human trafficking and unsafe working conditions. The already hazardous conditions have been further affected by the global pandemic, she noted, as many governments, including Malaysia, shifted priorities to focus on their response to the health emergency.
Additionally, Hon. Patto noted that the Government has experienced a restructuring of its Cabinet over the last three years, making it difficult to continue work towards the ratification of the CTA. Despite these challenges, Hon. Patto emphasized the dedication of her fellow Malaysian Members of Parliament in ensuring the safety of fishers through ratification of the 2012 CTA.
Mr. Matthew Camilleri, Head of the Fishing Operations and Technology Brach of the FAO, emphasized the importance of inter-agency coordination and reminded participants of the link between IUU fishing and associated human rights violations and crimes. Mr. Brandt Wagner, Head of the Transport and Maritime Unit and Sectoral Policies Department of the ILO, reflected on the significant improvements to the commercial shipping industry as a result of the effective implementation of international instruments for this purpose, with hopes that the CTA will result in similar standards for decent working conditions in the commercial fishing industry.
Mr. Brice Martin-Castex, Head of the Department of Member State Audit and Implementation Support of the IMO, reminded participants of the IMO’s offer to assist States in their technical internal analysis towards CTA ratification, highlighting that it is not necessary for a State to meet all provisions before ratifying the CTA as the Agreement provides time for this after its entry into force.
To conclude, Hon. Patto shared the recent advances made by Malaysia towards CTA ratification, recalling her exchanges with the Minister of Transport and during Parliament’s budgetary session. She emphasized the urgent need to both ratify the CTA and to allocate financial resources to ensure effective implementation. She underscored the importance of addressing the protection of the fundamental rights of fishers within Malaysia and at the international level through Malaysia’s seat on the United Nations Human Rights Council.
