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Law Task Group

Human Trafficking and Information Technology

Task Group of up to 22 People
Practitioners
Interest or Experience in the Law

The RENATE Law Task Group is a very diligent group of committed members who bring to this group the experience of victims in their countries. In this group we have members who come from countries of origin, transit and destination covering the spectrum of travel. What is apparent is the ability of each of the countries to support identified victims of Human Trafficking and Modern Slavery is compromised the differences in each countries ability and willingness to act on implemented legislation that claims to work to end HT. What we have noticed is that the traffickers exploits the weaknesses in legislation in order to be able to practice with relative impunity and importantly technology favours the trafficker, hugely.

Technology allows a trafficker to live in one country, recruit and control victims from another country, advertise for customers in a third country and then perhaps use crypto currency to bank the proceeds in a fourth country. You can see how complex it gets all of a sudden and weak laws in one country facilitate such actions. Prosecution demand cooperation that in many places doesn’t exist. Prosecution costs money,

Technology facilitates the detection of crimes conducted online and beyond; and enhance human rights protection, as it can be used to monitor, record, store, analyse and facilitate exchange of information on trafficking in persons. However, such actions should always be applied in a way that safeguards human rights, including implementing human rights due diligence measures and compliance with data protection standards, privacy and freedom of expression, as well as considering the human rights impacts the actions may have on the rights of migrants and victims. The UN Global Report on Trafficking in Persons reveals that traffickers use internet platforms with no physical or geographical limitation to: advertise exploitative services masked as legitimate activities, connect with large numbers of potential victims and exploit victims across the world.

Cross-border trafficking facilitated by technology requires less human resources and readily connects perpetrators, including for example, recruiters and enforcers in countries of origin, transit and destination enabling the exploitation of victims to take place at any time. In this context, internet technologies such as online banking and blockchain technologies, including cryptocurrencies, may also increase risks of illicit international money transfers.

In situations of trafficking in persons for forced labour, sexual exploitation and slavery, migrant workers are sometimes recruited through deceptive job advertisements published on bogus websites, or through fake advertisements on legitimate employment portals, job applications and social networking websites, only to find themselves in exploitative situations.

Research conducted by the United Nations Office on Drugs and Crime (UNODC) shows how victims are being targeted and recruited via social media and online dating platforms where personal information and details of people’s locations are readily available.

Sexual abuse and other forms of exploitation are taking place virtually and photos and videos sold further on different platforms to customers worldwide, resulting in even more money for the traffickers at no additional cost.

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Law Task Group �RESEARCH

Quality / Access / Awareness

In:

Spain, Germany, Bulgaria, Romania, Albania, England & Wales.

The RENATE Law Task Group commissioned the Bakhita Centre for Research on Slavery, Exploitation and Abuse, working out of St. Mary’s University to undertake this important research in a short time frame, during covid, across six European Countries Albania, Bulgaria, England & Wales, Germany, Romania and Spain.

The research essentially comprised of a mapping exercise to identify and to shine a light on Three specific areas as they relate to the Legal Supports for Victims of Human Trafficking and efficient and practical use of Information Technology was key to the completion this research.

Firstly on the

Awareness of Victims of their rights and legal entitlements… and secondly on the ability to

Access these Legal Supports and thirdly the

Quality of the legal supports that are available.

Why did we do this?

Well, the Council of Europe Convention on Action Against Trafficking in Human Beings and the EU Directive on Preventing and Combatting Trafficking has set out minimum legal standard requirements for EU member states to:

Identify

Protect

Assist victims of trafficking.

From a victim’s point of view this means that:

Each victim has a right to a lawyer to protect their rights,

Each victim has a right to be informed about their role in all proceedings

Each victim has a right to have their interests defended.

And our report shows that despite these apparent entitlements the legal aid situation for victims of trafficking across the EU is not only poorly understood but it also varies widely.

�In all responding countries there is evidence of “Poor Victim Identification”: This is extremely important because all entitlements to Legal support depends upon the ability of a country to identify a VICTIM.

Some countries are better than others.

Some countries only identify those VICTIMS in the sex industry and

Some countries ignore boys / men.

Some countries have no national Human Trafficking Strategy and in

Some countries victims are mistrustful authorities and worse still, many victims of trafficking are right to be mistrustful.

It appears that no responding country offered that their legal system is truly TRAUMA SENSITIVE

�Strategic investment in IT can indeed make a significant difference to the Victims around informing victims of their rights, alerting them to the dangers of HT. RENATE Members have successfully used well developed but simple apps to close down CAR WASH services.

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COVID – Human Trafficking - IT – The Law

Affects of COVID

Isolation
Digital Divide
Forced more and more onto internet platforms.
Slowed the legal process to an almost standstill.

Since COVID-19, traffickers have increasingly adapted their business models to seize the new opportunities offered by advances in technology to perpetuate profit-driven human rights abuses. In shifting recruitment, control and exploitation of migrants to online platforms and tools, traffickers reduce the likelihood of being detected and ensure greater profitability. The COVID-19 pandemic has exacerbated and expanded the vulnerability of many due to the soaring use of technology in every-day life, including among children and adolescents who are particularly at risk as they spend more unsupervised time online. Thus, interventions promoting online safety are critical.

COVID quickly followed by the war in Ukraine has created the perfect storm for those who wish to recruit, control,. Exploit and sell VoTs.

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Using IT to Strengthen the Network

Recommendation:

Creating a database of members services that include:

Medical.

Educational.

Housing.

Counselling and Legal.

Family Services.

DATABASE of RENATE Services/

Shelter

Case Management

Temporary Emergency Shelter.

Crisis Services.

Direct Victim Outreach

Drop In Centre

Interpretation / Translation

Transportation Assistance

Which of the Following Family Services Can you offer?

You can tick more than one these options.

Child Care

Family Reunification

Transitional Housing

Long Term Housing;

Which of the following Medical services can you offer

Addiction / Treatment Services

Health Care.

Mental Health Services (Outpatient)

Residential Mental Health Services. (InPatient)

Psychological Support

Supportive Counselling

Maternal Health

Psychosocial

Which of the following Educational Services can you offer?

You can tick more than one these options.

Education and Job Training.

Other Training

Prevention / Advice / Planning and Safety

Which of the following Policy / Advocacy Services do you offer?

You can tick more than one these options.

Policy and Advocacy

Research

Survivor Leadership

Outreach Awareness.

Grantmaking.

Volunteer Opportunities.

Safeguarding

What Legal services do you offer?

You can tick more than one these options.

Civil Legal Services

Criminal Legal Services.

Generic Legal Services

Immigration Legal Services.

Family Legal Services.

Repatriation

Compensation for Victims

A Guide Book for Victims seeking legal redress.

Other Legal Services

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NEXT STEPS 2023 – 2024

Expanded Research

The Law Task Group seeks to continue the research on this matter and expand on the findings of the scoping study.
Hub of Services

Next Steps:

And what about those who work in the System

In all countries there is a healthy pro-bono legal support structure which is very welcome, but only represents the tip of the iceberg (in terms of what is needed).

The very existence and need for a pro-bono network is indicative of the clear gaps in legal provision.

Cases are complicated,

Cases are long,

Cases are sometimes cross jurisdictional and those who passionately advocate for victims are poorly paid, and may have to wait until the end of the case for payment.

Fixed fees will offer a fixed service that often falls short of what’s needed.

Poor payment means that fewer advocates commit to this work with victims of trafficking.

There is a significant gap in the training at all levels and this includes

The Judiciary and Police and other frontline staff

There is also a significant gap in Victim Identification.

As part of our new research it is our intention to create and maintain a digital hub of those pro-bono lawyers and their firms that we know work courageously for VoTs. We can build on this by sourcing or providing appropriate training that will help to advance the work of all advocates and legal professionals involved. Importantly a hub of international lawyers offers a local expertise in each country and will we hope be good first step to counter the cross jurisdictional HT that is perpetrated with impunity through enhanced cooperation that is the gift of the RENATE Network living out the ideal of SDG #16 & #17 Peace Justice & Strong Institutions brought about through Partnership.