The safeguarding against human trafficking and exploitation within the context of maritime cargo regulations

Abstract

This dissertation investigates the relationship between maritime cargo regulations and the prevention of human trafficking, highlighting the necessity for comprehensive regulatory frameworks, collaborative efforts across the industry, and the incorporation of technological advancements to identify, deter, and dismantle trafficking networks. By improving maritime cargo regulations and fostering cooperation among shipping companies, port authorities, and international organisations, the maritime sector can significantly contribute to the protection of at-risk individuals from exploitation and human trafficking. The research questions were answered by conducting a secondary desk-based qualitative study where the researcher investigated multiple regulations, such as the SOLAS Convention, ISPS Code, and the MLC (2006). Moreover, previous academic research was used to analyse and highlight the issues. It was found that even though there are maritime cargo regulations that can contribute to reducing human trafficking and exploitation, limitations such as not directly focusing on human trafficking and exploitation of individuals were noted. This shows that people are not just vulnerable to trafficking and exploitation due to criminal activity, but also because of the current structural characteristics of maritime governance systems. Four key themes were identified during this study. These are: offshore isolation as a structural risk factor, recruitment and contractual vulnerability, jurisdictional fragmentation, and prioritisation of cargo security over safeguarding people. The study therefore argues that to tackle trafficking and exploitation within maritime contexts, there needs to be a change where frameworks do not just adopt a security focused approach but also implement targeted mechanisms to safeguard people within the regulatory framework. Therefore, this research shows that there needs to be improvement in relation to international cooperation, adopt and improve the current systems that tackle inspections of cargos to better identify signs of exploitation and trafficking. In general, this study uses existing research and shows how risks of human trafficking and exploitation within maritime cargo systems can be influenced by governance-based solutions.