Current legislation is inadequate for tackling technology-facilitated trafficking, says OSCE
OSCE recommends a new legislative approach to technology-facilitated trafficking, an investigation finds that workers in Qatar have paid billions in recruitment fees, and Apple takes steps to improve conditions for workers in its supply chain.
A newly published paper analyses how technology-facilitated trafficking in human beings is approached from the perspective of policy and legislation across OSCE participating states, and offers recommendations for a more effective response. “Policy Responses to Technology-Facilitated Trafficking in Human Beings: Analysis of the Current Situation and Considerations for Moving Forward”, from the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, examines how the crime is addressed in criminal justice frameworks, the policy approaches taken towards online platforms, and the policy challenges specific to combating it.
Technology-facilitated trafficking is present at every stage of human trafficking from grooming and recruitment to control, coercion and exploitation. Until now, the primary policy response of governments to this challenge has been to allow the technology industry to self-regulate and voluntarily enact its own safety measures. However, recent history confirms there are many shortcomings to this approach, including limited or non-existent industry standards, inconsistent and inadequate adoption and application of voluntary principles, lack of incentives for compliance at scale in self-regulatory frameworks, and broadly worded rules lacking in clear indicators of compliance or breach.
Instead, technology-facilitated trafficking should be addressed through specifically designed legislation, rather than frameworks produced to tackle offline trafficking, as is currently the case in most OSCE countries, says the report. Stakeholders argue that incorporating an explicit reference to technology would be a valuable tool for bringing perpetrators to justice and mobilizing resources to address these crimes.
The paper also highlights the need to reflect technology-facilitated trafficking in national codes of criminal procedure, which impact the collection and storage of online evidence, access to electronic devices, and the collection of evidence using artificial intelligence (AI). While some countries have enacted legislation that regulates criminal procedure, there remain a number of OSCE participating states that lack regulatory frameworks governing the collection and use of digital evidence, or have frameworks premised on voluntary data sharing. A further emerging issue is the generation of evidence using AI tools where the human factor is minimal or absent, including a number of projects that use chatbots to engage with sex buyers attempting to procure the “services” of victims. Although this practice is already used in some OSCE participating states, there is no consensus on how policymakers and magistrates in the OSCE region treat evidence gathered by an AI system, highlighting the need for clear policy guidance in criminal justice proceedings.
The report makes several recommendations, including: that technology-facilitated trafficking is covered by national legislation criminalizing trafficking in humans, and by relevant codes of criminal procedure; and that state-led regulatory frameworks are enhanced to prioritize safety and include robust mandatory obligations on core responsibilities, such as due diligence obligations for operations and systems to identify and mitigate risks of misuse, liability for harm caused by content on the platforms or exploitation occurring through the platform, and transparency standards regarding the reporting of platform misuse, the steps taken to mitigate misuse, and the outcomes of such efforts.
The report also recommends that cooperation between governments, the private sector and civil society is strengthened, with the aim of improving data gathering and sharing between law enforcement, anti-trafficking actors and other relevant stakeholders. OSCE is currently hosting the 22nd Conference of the Alliance against Trafficking in Persons on the theme of “Protection: Upholding Victims’ Rights and Strengthening Assistance”.
Here’s a round-up of other noteworthy news and initiatives:
Low-wage migrant workers have been forced to pay billions of dollars in recruitment fees to secure their jobs in World Cup host nation Qatar over the past decade, a Guardian investigation has found. With just months to go until the football tournament begins, the findings reveal the scale of exploitation endured by some of the world’s poorest workers, including many who have been employed on World Cup-related construction and hospitality projects.
In the BBC’s series of letters from African journalists, Ismail Einashe meets a young Senegalese man who was accused of people smuggling soon after crossing the Mediterranean Sea to Italy. Hundreds of migrants, many of them minors, are imprisoned on trafficking charges in a bid to scapegoat them over immigration levels, according to campaigners.
Last week, Apple announced a US$50 million Supplier Employee Development Fund that will expand access to learning opportunities and skills development for people across its supply chain. Apple is partnering with the International Labour Organization and the International Organization for Migration, and working alongside supply chain partners to amplify worker voices, expand rights trainings, and scale its responsible labour recruitment tools, it says.
This DEVEX PRO article discusses the findings of a new report, which says that funders are not providing enough money to cover project administration costs in their grants to local NGOs. As a result, many organizations can’t build capacity to take on bigger projects [subscription only].
A new film, The Children in the Pictures, follows Task Force Argos, a renowned Australian-based police investigative team, as they go undercover to rescue children from online sexual abuse.
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