Forced to Scam: The Human Trafficking Crisis Hidden Inside Your Spam Folder

Note:

Written in February 2024 for a Southeast Asian Economics course at UC San Diego's School of Global Policy and Strategy. The paper examines what the UN has called a global crisis: people trafficked across Southeast Asia and forced to run online scams — the same scams that flood inboxes daily. The analytical focus is on regulatory gaps and the Cambodia-Malaysia comparison. I've kept the policy register of the original paper intact; this is not a subject that benefits from dramatization.

Digital Trafficking: Challenges in Addressing Forced Scamming

Abstract

The surge in online scams due to COVID-19 underscores the inadequacies of the policies protecting victims of online scam trafficking. Southeast Asia, as a hub for these scams, demands an examination of this potential causality between regulatory environments and socio-political factors that contribute to the prevalence of trafficking. Qualitative methods such as interviews and case studies, will be used with assistance from the sparse quantitative information available. Understanding the causality is crucial to develop measures to protect victims of forced trafficking; effective implementation of international guidelines and legal training is found to be a key countermeasure.

Background

Extant literature on online scams adequately covers the various types of victims; including those often coerced into enacting the scams. In fact, ASEAN, China, and UNODC were able to find common ground in order to address the issue, including “measures to improve preventive responses, the identification and protection of victims, and the capacities of law enforcement and criminal justice officials to investigate and cooperate”(UNODC). However, addressing the victims is just the tip of the iceberg; cyber fraud is the newest form of human trafficking -- and is in fact a global crisis (Kim). As per the United Nations, online scams are “rooted in the rise of casinos and online gambling operations in the Southeast Asian region,” and have evolved out of not only the rise of technological changes, but also several shocks to world systems (such as COVID-19) (OHCHR). Given that gambling is banned (officially and to varying degrees) in SEA countries like Cambodia, efforts to shut down operations simply result in adaptations and location shifts (OHCHR). Paired with the pandemic, illicit activities (such as casino operations) were shifted both online and to physically less regulated territories -- widening their trafficking and scam net (OHCHR). Economic shocks led to exploitation of migrant workers, high unemployment (regardless of educational background), and the millions who found themselves increasingly accessing online platforms (Ng). The shift in modus operandi has created a lack of regulatory protection and seldom beyond an approximation of the number of people entrapped by these criminal networks; physical vulnerability is no longer the only determining factor (McPherson). 

Regulatory Gaps

All ASEAN States endorse international protocols against trafficking, yet gaps persist in applying these frameworks (Lamb). While the UN Trafficking in Persons Protocol and the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP) was adopted in 2015 and “incorporates the internationally agreed legal definition from the Trafficking in Persons Protocol,” these are not applied fairly and consistently (OHCHR). Returning victims face challenges, including stigma and legal charges -- the detention of rescued victims in countries like Cambodia for being “unable to prove that they were brought to the country on false pretenses and held against their will” indicates a severe regulatory issue (Kennedy et al). The director of International Justice Mission Cambodia states “forced criminality is a complex issue,” as differentiating between victims of confinement and abuse and those there of their own volition is tricky (Ratcliffe and Nguyen). Given that several nations have similar frameworks, narrowing the scope to methods that circumvent political hindrances is ideal; here, Malaysia and Cambodia can be compared to extract potential interventions.

Cambodia

Cambodia is facing one of the severest trafficking networks; political connections impede effectiveness of regulation (Kim). Victims often responded to legitimate-sounding job ads, and were then “forced to defraud people,” an experience shared by other kidnappees across the SEA region (Kim). Authorities claim to have rescued over 2000 trafficked citizens and shut down several fraudulent companies, but this goes against the common narrative. In fact, the New York Times interviewed “law enforcement, rights groups, and rescued victims,” finding that:

“The shadowy industry has nonetheless continued to thrive because of powerful businessmen with close ties to senior officials in the Cambodian government, and a system of patronage that protects the mills from being investigated” (Kim).

This is not to claim that there are no regulatory systems; the government has a “Law on Suppression of Human Trafficking and Sexual Exploitation,” that states that it will supplement the “United Nations Convention against Transnational Organized Crime” (Mekong Migration Network). Yet officials boldly state that since the nation itself is small, it can dismiss any “credible estimates” at over 100,000 trafficked individuals and several operations that are rooted in special economic zones owned by Cambodian tycoons (Meyn). Logical flaws aside, the fact of the matter is that Cambodia lacks significant efforts to address the issue; a result of systemic corruption and reliance on tycoons to fund their economy (DoS, Cambodia). While there is a history of counter-trafficking, it remains widespread due to political involvement and inhibited law enforcement, which has allowed it to turn into a hub destination for cyber crimes (Kennedy et al). Essentially, the inadequate implementation of regulation and political corruption are main causes for the prevalence of scams and trafficking. 

Malaysia

Although facing similar challenges, Malaysia’s approach is slightly altered; it recognizes forced criminality. Government officials, such as the Communications and Digital Deputy Minister, are emphasizing digital literacy and safety programs -- and are openly addressing the impact of technology on scams and trafficking (Loheswar). The Minister further announced plans to create more media content -- capitalizing on the effectiveness of television and streaming to influence awareness. While there are “delays in prosecution, insufficient interagency coordination, and inadequate services for victims discouraged foreign victims from remaining in Malaysia to participate in criminal proceedings and continued to hinder successful anti-trafficking law enforcement efforts,” The US Department of State states found that the country was making significant progress (DoS, Malaysia). Like Cambodia, Malaysia faces corruption and complicity in these networks -- and in several cases, “authorities only transferred or demoted them, allowing impunity for complicity in human trafficking crimes to persist”(DoS, Malaysia). Yet, the government has increased training on anti-trafficking and updated national guidelines and laws to increase awareness of the victims forced into these networks -- thereby making a not insignificant change (DoS, Malaysia). In fact, as per the UN, “with the exception of Malaysia, all Southeast Asian countries are failing to recognise forced criminality as a purpose of exploitation under the legal definition of trafficking” (OHCHR). Malaysia thus stands out in Southeast Asia, contrasting with regional shortcomings. Malaysia's successful strides towards mitigating online scams suggests the socio-political significance of the interventions, including digital literacy and agency training, to combat trafficking due to cyber crimes. 

Policy Recommendations

Given the shared regulatory frameworks across Southeast Asian nations, navigating political hindrances and social awareness is the root of the issue. Comparatively analyzing Cambodia and Malaysia -- with similar socio-political structures but distinct outcomes -- provides lessons for broader application across the region. Acknowledging the difficulty in broadly recommending “lowering corruption,” emphasis should be placed on proactively combating scams while improving legal mechanisms for victims of trafficking. Malaysia’s positive shift, evident in its acknowledgement of forced criminality, promotion of digital literacy programs, and updates to national legal guidelines, is a model for intervention. Cambodia, facing exacerbated trafficking due to comparatively higher systemic corruption, should consider similar measures. Prioritizing the effective implementation of international human rights mechanisms is the first step -- followed by legal measures for protecting “forced criminals” and victims of the networks. The ASEAN Intergovernmental Commission on Human Rights should be empowered to respond to human rights issues, allowing for intergovernmental cooperation and a prioritization of rights for victims. While it is simplistic to recommend “follow through,” the insufficiencies of legal protection for those trafficked into becoming fraudsters impedes the ability of agencies to further prosecute the real perpetrators. Shared legal frameworks are imperative-- as they force nations to work together to rescue citizens and incentivize victims to provide key details to take larger actions against criminal networks (potentially circumnavigating corrupt actors who survive on the “lack of evidence”). While not all Southeast Asian countries have similar socio-politics and vary in regulatory effectiveness, it stands to reason that the recommendations are applicable across the board to create a more equitable and human rights focused approach to this crisis.

Works Cited

“ASEAN, China, and UNODC agree to a plan of action to address criminal scams in Southeast Asia.” UNODC, 26 September 2023, https://www.unodc.org/roseap/en/2023/09/asean-china-action-plan-criminal-scams/story.html. Accessed 11 February 2024.

“Cambodia - United States Department of State.” State Department, https://www.state.gov/reports/2023-trafficking-in-persons-report/cambodia/. Accessed 11 February 2024. (DoS, Cambodia)

“INTERPOL issues global warning on human trafficking-fueled fraud.” Interpol, 7 June 2023, https://www.interpol.int/en/News-and-Events/News/2023/INTERPOL-issues-global-warning-on-human-trafficking-fueled-fraud. Accessed 11 February 2024.

Kennedy, Lindsey, et al. “Cambodia's modern slavery nightmare: the human trafficking crisis overlooked by authorities.” The Guardian, 2 November 2022, https://www.theguardian.com/world/2022/nov/03/cambodias-modern-slavery-nightmare-the-human-trafficking-crisis-overlooked-by-authorities. Accessed 11 February 2024.

Kim, Juliana. “Online scamming industry includes more human trafficking victims, Interpol says.” NPR, 10 December 2023, https://www.npr.org/2023/12/10/1218401565/online-scamming-human-trafficking-interpol. Accessed 11 February 2024.

Lamb, Kate. “Southeast Asian leaders pledge crackdown on human traffickers online scams.” Reuters, 10 May 2023, https://www.reuters.com/world/asia-pacific/southeast-asian-leaders-pledge-crackdown-human-traffickers-online-scams-2023-05-10/. Accessed 11 February 2024.

“Law on Suppression of Human Trafficking and Sexual Exploitation.” Mekong Migration Network, 2008, https://www.mekongmigration.org/wp-content/uploads/2008/05/PDF500KB.pdf. Accessed 11 February 2024.

Loheswar, R. “With human trafficking on the rise, deputy minister sees pressing need to raise awareness of online scams.” Malay Mail, 5 December 2023, https://www.malaymail.com/news/malaysia/2023/12/05/with-human-trafficking-on-the-rise-deputy-minister-sees-pressing-need-to-raise-awareness-of-online-scams/105974. Accessed 11 February 2024.

“Malaysia - United States Department of State.” State Department, https://www.state.gov/reports/2023-trafficking-in-persons-report/malaysia/. Accessed 11 February 2024. (DoS, Malaysia)

Mcpherson, Poppy. “Trafficking for cyber fraud an increasingly globalised crime, Interpol says.” Reuters, 8 December 2023, https://www.reuters.com/technology/cybersecurity/trafficking-cyber-fraud-an-increasingly-globalised-crime-interpol-says-2023-12-08/. Accessed 11 February 2024.

Meyn, Colin. “UN Spotlights Scale of Cambodia's Cyber Trafficking Industry.” VOA Cambodia, 5 October 2023, https://www.voacambodia.com/a/un-spotlights-scale-of-cambodia-s-cyber-trafficking-industry/7297951.html. Accessed 11 February 2024.

Ng, Kelly. “Hundreds of thousands forced to scam in SE Asia: UN.” BBC, 29 August 2023, https://www.bbc.com/news/world-asia-66655047. Accessed 11 February 2024.

“ONLINE SCAM OPERATIONS AND TRAFFICKING INTO FORCED CRIMINALITY IN SOUTHEAST ASIA: RECOMMENDATIONS FOR A HUMAN RIGHTS RESPONSE.” OHCHR - Regional Office for South-East Asia Bangkok, 26 August 2023, https://bangkok.ohchr.org/wp-content/uploads/2023/08/ONLINE-SCAM-OPERATIONS-2582023.pdf. Accessed 11 February 2024.

Ratcliffe, Rebecca, and Nhung Nguyen. “Sold to gangs, forced to run online scams: inside Cambodia's cybercrime crisis.” The Guardian, 9 October 2022, https://www.theguardian.com/world/2022/oct/10/sold-to-gangs-forced-to-run-online-scams-inside-cambodias-cybercrime-crisis. Accessed 11 February 2024.