The application of the Domain Forfeiture Law would be seriously affecting the country’s industrial fishermen, who fear for their future employment in the second fishing season of anchovyaccording to the Single Union of New Vessel Fishermen of Peru (SUPNEP).
Franklin Gonzales, general secretary of SUPNEP, assures that this regulation, designed to combat illicit activities such as drug trafficking and illegal trafficking of protected species, is being misinterpreted and used to criminalize fishermen, which could lead to more than 15,000 workers face prison sentences and lose their jobs.
So far this year, the Judiciary and the National Prosecutor’s Office have initiated administrative proceedings against the Kiana vessels of Austral Group and Marina B of Hayduk, which were seized and are in the process of being returned. In addition, criminal proceedings have been opened against the crew of these companies, which has generated concern in the fishing sector.
Gonzales explained that there are already 40 fishermen who have been directly affected by the application of this law, which has resulted in the loss of more than S/2.4 million in remuneration, profits and social benefits.
The SUPNEP leader argues that the authorities are distorting the purpose of the law, that it should focus on criminal organizations and not on workers who do their job.
The general secretary of SUPNEP also pointed out that, although sometimes unauthorized or smaller species are captured, this is not done intentionally, but is a consequence of the lack of adequate technology to select the catches. Gonzales emphasized that classifying fishermen as a criminal organization is unfair and harmful to the sector.
“They are classifying us as a criminal organization just for doing our job. Although it is true that in purse seine nets a species other than the one allowed or in smaller sizes can be captured without exceeding the allowed limit; We do not do it on purpose but because there is not yet the technology to select the captures we make,” he assured.
The crew of the boat Kiana, belonging to Austral Groupdemonstrated in front of the headquarters of the National Seized Assets Program (PRONABI). The fishermen demanded the return of their boat, in compliance with a court order issued by Judge José Cáceres Haro of the Transitional Domain Forfeiture Court.
This situation reflects the growing concern among the country’s industrial fishermen, who fear for their future employment due to the application of the Domain Forfeiture Law, as reported by SUPNEP.
The Asset Forfeiture Law, which allows the seizure of assets linked to illicit activities, has generated uncertainty in the fishing sector.
Fishermen fear that their livelihoods will be compromised, especially in the second anchovy fishing season, one of the most important for the country’s fishing economy. The protest in front of PRONABI is a reflection of this concern, as workers seek to ensure the continuity of their work activities.
Domain forfeiture is a tool in the fight against corruption and organized crime. This mechanism allows the State to take possession of assets linked to illicit activities, without offering any compensation to the affected owners, as stipulated in Legislative Decree 1373.
This measure is implemented after a judicial process that respects due process, ensuring that assets that are the object, instrument or result of illegal activities pass into the hands of the State.
In this way, the concept of asset forfeiture focuses on the transfer of ownership of assets that have been used or acquired through illicit activities.
Extinction not only seeks to strip criminals of their resources, but also to prevent future crimes by dismantling the financial structures that sustain them. By not requiring compensation, any incentive for those involved in illegal activities is eliminated.
