Trafficking in persons for forced criminality and online fraud has become one of Southeast Asia’s most urgent human rights and security challenges. Today, thousands of victims are trafficked into operations involving illegal gambling, crypto fraud, and other cyber‑enabled crimes, often lured by fake job offers and coerced into criminal activity under degrading conditions.
Punishing victims for unlawful acts committed under coercion undermines protection, misdirects law enforcement resources, and erodes trust in justice systems. ASEAN has affirmed the Non‑Punishment Principle (NPP) in its ASEAN Convention Against Trafficking in Persons and recently launched the ASEAN Guideline on its implementation, yet challenges remain in ensuring victims are protected while traffickers and organised crime networks are held accountable.
In this webinar, we heard from a panel of experts who discussed how to operationalise the non-punishment principle in cases of trafficking for online scams. This webinar aimed to promote victim protection by challenging misconceptions, examine approaches to assessing coercion and preventing misuse of the NPP, and explore international cooperation for consistent application across jurisdictions to disrupt organised crime networks.
Thanks to our speakers:
H.E Anita Wahid, Representative of Indonesia to AICHR – who presented on the regional leadership at the ASEAN level, including the collaboration with AICHR, SOMTC and Australia through the ASEAN-Australia Counter Trafficking program. She reminded audiences that forced criminality occurs in many different contexts, not just in the context of online scamming. She explained a range of tools that are already available and the tools on trafficking for forced criminality that will be developed to make sure that frontliners in this region have a clear and coherent understanding of the non-punishment principle.
Ms Among Pundhi Resi, Head of Protection and Border Governance Unit, IOM Thailand – who spoke to common biases and assumptions that underpin the screening and identification of victims. Anyone can be involved in deceptive recruitment, especially given the complexity and way that traffickers are using technology. She explained how it’s important to look at the scam compound ecosystem and the different forms of exploitation that are occurring, not just the situation of individuals. Ms Among also debunked the myth that a contract equals consent and emphasised that consent is irrelevant if there are indicators of the elements of trafficking and exploitation. She explained the impact of overlooking victims of trafficking, which makes them more likely to be re-victimised. Ms Among emphasised that the non-punishment principle is not just important from a humanitarian perspective, but also a strategic action from a security and law enforcement perspective.
PLt Col. Catherine Tamayo-Cipriano, Legal Officer, Philippine National Police, Women and Children Protection Center – explained how the Philippine National uses the elements of ‘act, means and purpose’ to identify victims of trafficking as a first step to enabling protection and support. She highlighted that participation in an investigation and trafficking case is entirely optional for victims of trafficking.
Prosecutor Isser Josef Gatdula, Assistant City Prosecutor Department of Justice, the Philippines – provided a relevant, recent and important case of trafficking in persons with forced criminality elements which was successful because of international cooperation, a proactive role from the prosecution, witness protection and victim protection for those that were willing to testify, and it a following-the-money approach that helped to prove who was responsible, but also crippled the organisers’ criminal economic base. This case involved a strong whole-of-government effort.
Judge Meach Sithykajessica, Kandal Court, Cambodia – provided a judicial perspective of the non-punishment principle. She situated the principle within the broader foundations of criminal law, which includes proving criminal intent and liability and ensuring that defendants are not punished in cases where this cannot be proven. She also talked about how applying the non-punishment principle can be an important judicial strengthening process. Her presentation explained how applying the non-punishment principle can lead to better quality results and convictions, and better-quality cases and evidence. She explained some of the challenges that judges are facing in courtrooms today around these cases of trafficking for forced criminality.