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Foreign fishermen settle human trafficking suit

January 3, 2018 — Two Indonesian fishermen who say they were enslaved on an American fishing boat have settled their lawsuit against the vessel’s owner seven years after escaping and receiving special U.S. visas as victims of human trafficking, their lawyers told The Associated Press on Wednesday.

The attorneys said Sorihin, who uses just one name, and Abdul Fatah settled their lawsuit against Thoai Van Nguyen, the California-based owner and captain of the Sea Queen II.

The settlement outlines steps Nguyen must take to continue to fish but does not disclose a financial award. The captain denies all allegations of abuse or human trafficking and has always followed federal laws when employing foreign crews, Nguyen’s attorney said.

The lawsuit filed in U.S. court in San Francisco claimed the men were trafficked through the Hawaii longline fishing fleet and forced to work on the boat around Hawaii and off the shores of California.

Citing federal and international human trafficking laws, the suit sought an unspecified amount of money for fees they paid and compensation they were promised along with damages for mental anguish and pain.

The lawsuit was being prepared as a 2016 Associated Press investigation revealed the Hawaii fleet operates under a loophole in federal law that allows owners to use foreign laborers with no work visas or the ability to legally enter the United States. The lawsuit was in the works when the AP reported on the men’s ordeal.

Read the full story from the Associated Press at the Washington Post

 

Indonesian fishermen tell of being trafficked before SF escape

September 23, 2016 — A San Jose tuna boat captain was sued Thursday by two Indonesian fishermen who said they were forced into high-seas slavery aboard a Honolulu-based fishing vessel for several months before escaping when the boat docked at Fisherman’s Wharf in San Francisco.

Abdul Fatah and Sorihin, who goes by a single name, filed a human labor trafficking lawsuit in U.S. District Court in San Francisco against Thoai Van Nguyen. They are seeking unspecified damages for purportedly being held captive on the Sea Queen II in late 2009 and early 2010 while fishing for tuna, swordfish and other seafood prized by U.S. stores and restaurants.

Efforts to reach Nguyen were unsuccessful.

The suit alleges the men were barred from leaving the ship, where they were victims of abuse and wage theft while working under dangerous conditions in breach of a contract both men had signed.

Their story echoes those of other men from Southeast Asia and Pacific island countries who say they were misled into working on vessels off Honolulu under poor and exploitative conditions — a situation affecting as many as 140 boats in the area, according to an investigation by the Associated Press.

The investigation found that, due to a loophole in federal law, men desperate for work made as little as 70 cents an hour without basic labor protections. The men are literally adrift, unable to set foot on shore since they don’t have visas.

Read the full story at the San Francisco Chronicle 

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