ECNL follows closely the developments of UN standards for the promotion and protection of civic space both online and online. We have actively contributed to the text of Human Rights Council (HRC) resolutions “Civil Society Space” and on “New and emerging digital technologies and human rights. Below, we analyse new language in these two recent Resolutions and how it strengthens civic space in the new artificial intelligence (AI) driven debate.
During its recent 53rd Regular Session (19 June – 14 July 2023), the HRC unanimously adopted an updated version of two existing Resolutions on “Civil Society Space” and on “New and emerging digital technologies and human rights” respectively, with important safeguards for fundamental freedoms and civil society in the digital age.
The impact of digital technologies on a safe and enabling civic space
In HRC Resolution 53/13 (Civil Society Space), the HRC reiterates its “grave concerns” that in many countries, human rights and fundamental freedoms defenders are facing attacks “both online and offline” including “unlawful or arbitrary surveillance” and “restrictions on freedom of association or expression or the right to peaceful assembly.”
Furthermore, the Resolution explicitly recognises that digital technologies have expanded civil society groups’ capacity to carry out their work and to “enable diverse and inclusive engagement”, but also acknowledges that “the digital divide, digital surveillance and undue restrictions, such as Internet shutdowns and online censorship, are not conducive to a safe and enabling space for civil society.”
The Resolution also stresses other current challenges to a safe and enabling civil society space, such as “undue restrictions on funding to civil society actors” and the overall decrease of civil society in decision-making processes, which is now “less safe and inclusive”. These challenges undermine “the rights to freedom of association and the ability to participate effectively and meaningfully in national, regional and international organizations.”
A strong call for regulation and human rights impact assessments
In HRC Resolution 53/27 rev.1 (New and emerging digital technologies and human rights), the HRC further elaborates on the interrelation between the development of new and emerging technologies, for the first time including an explicit reference to AI, and the promotion and protection of human rights.
In particular, the Resolution for the first time:
- Notes that new and emerging technologies with an impact on human rights “may lack adequate regulation” and recognises the “need for effective measures to prevent, mitigate and remedy adverse human rights impacts of such technologies”, in line with the obligations of States under international human rights law and the responsibilities of business enterprises under the Guiding Principles on Business and Human Rights.
- Draws the attention to the “positive and negative impact” that the adoption of technical standards can have on the exercise of human rights, highlighting the importance of a “human-rights based perspective within standard-setting processes and bodies and for them to build their human rights expertise.”
- Highlights further the “serious risks” that “artificial intelligence systems” can pose to human rights “when used without appropriate safeguards and including when used for identification, tracking, profiling, facial recognition, the generation of synthetic photorealistic images, behavioural prediction or the scoring of individuals.” The Resolution also enumerates a non-exhaustive list of rights affected, including “the rights to privacy, to freedom of opinion and expression, to freedom of thought, conscience and religion, the rights to equal protection of the law and to a fair and public hearing, as well as economic, social and cultural rights, in particular by embedding and exacerbating bias which potentially result in discrimination and inequality and by intensifying threats from misinformation, disinformation and hate speech, which may lead to violence, including political violence.”
- Stresses that “certain applications of artificial intelligence present an unacceptable risk to human rights”, although it falls short of explicitly calling for a ban or moratorium on them.
- Highlights the need to respect, protect and promote human rights “throughout the lifecycle of artificial intelligence systems” and towards this end:
- introduce frameworks for impact assessments related to human rights;
- exercise due diligence to assess, prevent and mitigate adverse human rights impact;
- ensure effective remedies and human oversight, accountability and legal responsibility;
- promote the transparency of AI systems and adequate explainability of AI-supported decisions;
- protect individuals (particularly those at greater risk of disproportionate harm) from discrimination resulting from the “conception, deign, use, deployment and further deployment” of AI systems.
Follow-up actions
Both HRC Resolutions task the UN Office of the Human Rights Commissioner for Human Rights (OHCHR) to undertake further consultations and prepare reports to follow up on their respective thematic focus. Namely, the OHCHR will:
- expand capacities within its Office to provide advice and technical assistance to States, relevant United Nations organisations, mechanisms, bodies and processes, on issues concerning human rights and new and emerging digital technologies, including artificial intelligence;
- prepare a report, in consultation with various stakeholder, including civil society, to identify challenges and best practices in regularly assessing civic space trends, including final recommendations, which will be submitted to the Human Rights Council at its 56th Session (June-July 2024);
- prepare a report, in consultation with States, mapping the work and recommendations of the Human Rights Council, the Office of the High Commissioner, the treaty bodies and the special procedures of the Human Rights Council in the field of human rights and new and emerging digital technologies, including artificial intelligence, as well as identifying gaps and challenges and making recommendations on how to address them, which will be submitted to the Human Rights Council at its at its 56th Session (June-July 2024);
- convene a multistakeholder consultation to discuss challenges, good practices and lessons learned in applying the Guiding Principles on Business and Human Rights to the activities of technology companies, including activities relating to artificial intelligence and to submit a report to the HRC at its 59th session (June-July 2025).
Last but not least, the HRC Resolution on Civil Society Space calls upon states to establish or enhance information-gathering and monitoring mechanisms, “including by benefiting from data collected by civil society” to permit the collection, analysis and reporting of “data on threats, attacks or violence against civil society.”
ECNL reiterates that it is crucial to conduct these follow-up processes with a meaningful involvement of a broader civil society community, including marginalised and vulnerable groups in particular, to address challenges effectively.
ECNL will also share with the OHCHR our experience in devising and implementing information-gathering and monitoring mechanisms on civic space (see, e.g., our CSO-Meter).