By The United Nations, Office of the High Commissioner for Human Rights 

This briefing paper sets out human rights concerns arising since early 2021 from online scam operations including their link to human trafficking in Southeast Asia as well as recommendations drawn from international human rights standards. These concerns occur in the context of wide-ranging digital criminal activity such as romance-investment scams, crypto fraud, money laundering and illegal gambling. At the time of writing this paper, the situation remains fluid: hundreds of thousands of people from across the region and beyond have been forcibly engaged in online criminality, States within the region are trying to identify actions and policies to address this phenomenon, while criminal actors are reacting by finding ways to change and relocate their operations, building new centres across the region and upgrading existing compounds. At the outset it is important to acknowledge that there are two sets of victims in this complex phenomenon. People who have been defrauded through online criminality are victims of the financial and other crimes committed by these scam operations. Many have lost their life savings, taken on debt and suffered shame and stigma for having been scammed. On the other side, individuals who are coerced into working in these scam operations and endure inhumane treatment are victims of serious human rights violations and it is their situation that is the focus of this briefing paper. People who are forced to take part in online scams are most often trafficked persons and migrants in vulnerable situations who face a range of human rights risks, violations and abuses. A human rights-based approach to this complex situation means not merely addressing organised crime or enforcing border controls, but seeks to place the victims at the centre of the response, by addressing structural factors, tackling impunity and providing protection and justice for victims of trafficking and migrants in situations of vulnerability. Human trafficking is a recognised criminal offence under international law and many of the practices associated with trafficking constitute violations under international human rights law. Violations of human rights are both a root cause of trafficking and can occur throughout the trafficking cycle. The majority of people trafficked into online scam operations are men, although women and children are also among the victims. Most are not citizens of the countries in which the trafficking occurs, however reports have indicated that at least in some countries nationals are also being targeted. People who have been trafficked into online forced criminality face threats to their right to life, liberty and security of the person. They are subject to torture and cruel, inhuman and degrading treatment or punishment, arbitrary detention, sexual violence, forced labour and other forms of labour exploitation as well as a range of other human rights violations and abuses.  This briefing paper is primarily focused on migrants who have endured trafficking and other human rights violations in the context of the scam operations, while acknowledging that the concerns and guidance contained here apply equally in most cases to citizens in this situation. The information in this briefing paper draws on primary and secondary research by the UN Human Rights Office, including victim testimony, as well as the work of the UN human rights mechanisms and information from other UN entities, supplemented by open-source information. While not exhaustive, Section A seeks to draw attention to the many serious human rights issues that result from this emerging phenomenon. Section B offers guidance to States and other stakeholders drawing from human rights standards and offers targeted recommendations aimed at ensuring responses are human rights-based. The briefing paper was transmitted to the relevant States for factual comments prior to publication

Bangkok: OHCHR, 2023. 38p.  

By Shane D. Johnson and  Manja Nikolovska

Objectives Routine activity theory suggests that levels of crime are affected by peoples’ activity patterns. Here, we examine if, through their impact on people’s on- and off-line activities, COVID-19 restriction affected fraud committed on- and off-line during the pandemic. Our expectation was that levels of online offending would closely follow changes to mobility and online activity—with crime increasing as restrictions were imposed (and online activity increased) and declining as they were relaxed. For doorstep fraud, which has a different opportunity structure, our expectation was that the reverse would be true. Method COVID-19 restrictions systematically disrupted people’s activity patterns, creating quasi-experimental conditions well-suited to testing the effects of “interventions” on crime. We exploit those conditions using ARIMA time series models and UK data for online shopping fraud, hacking, doorstep fraud, online sales, and mobility to test hypotheses. Doorstep fraud is modelled as a non-equivalent dependent variable, allowing us to test whether findings were selective and in line with theoretical expectations. Results After controlling for other factors, levels of crime committed online were positively associated with monthly variation in online activities and negatively associated with monthly variation in mobility. In contrast, and as expected, monthly variation in doorstep fraud was positively associated with changes in mobility. Conclusions We find evidence consistent with routine activity theory, suggesting that disruptions to people’s daily activity patterns afect levels of crime committed both on- and off-line. The theoretical implications of the findings, and the need to develop a better evidence base about what works to reduce online crime, are discussed. 

Journal of Quantitative Criminology, 2022.

By Jack Whittaker and Mark Button

Advance fee and non-delivery frauds have become very common with the growing preference for online shopping and the new opportunities this brings for online offenders. This article uses unique access to a volunteer group’s database focused on preventing pet scams to explore this type of crime. Distances, among other factors, make the purchase of pets online common in countries such as the USA, Australia and South Africa. This modality of purchase has been exploited by organized criminals largely based in Cameroon to conduct advance fee and non-delivery frauds. The article uses data from the volunteer group Petscams.com to provide unique insights on the techniques of the offenders with particular reference to the strategies used to maximize victimization by using real accounts of victims of such frauds. It also briefly notes how the COVID-19 crisis has been used to adapt this type of scam. The article’s discussion identifies the need for a more nuanced assessment into the role of victim-oriented voluntary organizations.

Australian & New Zealand Journal of Criminology 2020, Vol. 53(4) 497–514