Many coastal communities around the world have to constantly.

Deal with the problem of arrest and detention of fishworkers by States for unauthorized presence,

International Legal Instruments

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1982 United Nations Convention on the Law of the Sea (UNCLOS)

According to Article 73, a coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the EEZ take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with the Convention. It further states that arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security (Article 73(2)) and that coastal State penalties for violations of fisheries laws and regulations in the EEZ may not include imprisonment or any other form of corporal punishment, in the absence of agreements to the contrary by the States concerned (Article 73(3)). The provisions of this article are of relevance to fishers detained and arrested for fisheries violations.

Article 292 (1) on the 'Prompt release of vessels and crews', asks States for the prompt release of the vessel or its crew upon the posting of a reasonable bond or other financial security, the question  of release from detention may be submitted to any court or tribunal agreed upon by the parties or, failing such agreement within 10 days from the time of detention, to a court or tribunal accepted by the detaining State under article 287 or to the ITLOS. This application for the release may be made by or on behald of the flag State of the vessel. Article 292 (3) also calls for the court or tribunal to deal without any delay in such cases.

Universal Declaration on Human Rights, 1948

The Declaration calls for the promotion of universal respect for, and observance of, human rights and fundamental freedoms, as a common standard of achievement for all peoples and all nations.

Article 9 states "No one shall be subjected to arbitrary arrest, detention or exile".

International Covenant on Civil and Political Rights, 1966

The treaty recognizes civil and political rights, as well as economic, social and cultural rights of all humans. It asks that no one be subjected to torture or to cruel, inhuman or degrading treatment or punishment, nor be held in servitude or be required to perform forced or compulsory labour. It decries arbitrary arrest or detention, and guarantees liberty of movement and freedom of association with others, including the right to form and join trade unions for the protection of one's interests. It guarantees access, on general terms of equality, to public services in one's own country. The treaty is applicable for all people.

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