Trouble at Sea: Data and digital technology challenges for maritime human rights concerns

Abstract

Recent years have revealed the severity and scale of human rights abuses at sea. Yet maritime human rights investigations remain challenging due to an array of difficulties, including physical inaccessibility and a complex legal environment. Improving the availability of data has been framed as a solution that will enhance transparency in marine-related activities and improve accountability for rights violations. Such enthusiasm has fuelled the development of technological solutions promising to identify abuses and safeguard vulnerable individuals. However, these efforts clash with concerns over the use of data and technology in human rights practice. In the context of such tensions, this paper studies how data and technology have been integrated within investigations into rights abuses at sea. We examine the challenges posed for transparency, accountability, and fairness regarding communities affected by rights violations. We ask: do data and digital technologies offer effective means for helping to expose rights abuses and hold malicious actors accountable? Or do they introduce new threats to autonomy, privacy, and dignity? We present empirical research based on qualitative engagements with expert practitioners. We find: 1) an increased availability of datasets did not necessarily prevent harm or improve safeguarding for vulnerable people; 2) many tech solutions were detached from affected individuals' lived experiences and appeared not to meet communities' needs; 3) uses of data and technology could introduce or aggravate risks to fairness and accountability within human rights investigations. We contribute a much-needed reflection on the actual implications of the use of data and technological tools for communities affected by human rights violations. Regarding maritime human rights, we argue that prioritising large-scale, top-down monitoring to collect larger datasets or market more tech solutions is not the best way for data and technology to contribute to transparency and accountability. Instead, we advocate for deeper engagement with affected communities.