ECNL welcomes the adoption of important resolutions related to the digital sphere during the 47th session of the Human Rights Council. We analysed to what extent the new language of three resolutions (‘Civil society space resolution’, ‘Human rights on the Internet resolution’ and ‘Emerging technologies and human rights resolution’) provides safeguards for online manifestation of civic freedoms. Several cross-cutting issues emerged prominently:
1. Human rights impacts of the Internet and digital technologies on online and offline civic space in the context of the COVID-19 pandemic
Beyond enabling the realization of peoples’ freedom to association and peaceful assembly, as well as freedom of opinion and expression (including freedom of information), it is acknowledged that the access to a safe and open Internet is necessary to ensure people can enjoy their economic, social, and cultural rights, especially during the COVID-19 pandemic. The role of civil society is also emphasized as critical for providing accurate information and access to services related to COVID-19, and ensuring transparency and accountability, across all three resolutions.
Unfortunately, the pandemic has also exacerbated and accelerated existing challenges, both online and offline, for civil society and civic space. This has especially affected and harmed marginalised and vulnerable groups. The digital divide has increased, further hindering access to opportunities and the enjoyment of human rights. With the expansion of digital technologies and a rapid shift from offline to online civil society activities, surveillance of and attacks against human rights defenders have increased, considerably online. This is especially worrisome as civil society activity has been hindered through administrative measures, reduced funding, and restrictions to freedom of association and assembly as well as freedom of opinion and expression, among other civil liberties, during the pandemic. The ‘Human rights on the Internet’ resolution stresses that all national security and emergency measures taken in the context of COVID-19 must be in full compliance with international human rights, and respect the principles of lawfulness, legitimacy, necessity and proportionality.
The ‘Civil Society Space’ resolution equally reaffirms that emergency measures taken in response to the pandemic must be “necessary and proportionate to the evaluated risk”, have a “specific focus and duration” and must be applied “in a non-discriminatory way.”
2. Enabling digital civic space and protecting digital rights
The resolutions urge creating, amending, and implementing laws so that civil society can operate free from hindrance, surveillance, and insecurity, both online and offline. This requires regulating the Internet and digital technologies – including new and emerging technologies – through a human rights-based approach. Salient human rights risks related to the digital sphere include the right to equality and non-discrimination, the right to freedom of opinion and expression, the rights to freedom of association and peaceful assembly, the right to an effective remedy, and the right to privacy, among others.
Importantly, the use of Internet shutdowns is strongly and unequivocally condemned, given their severe impact on access to or dissemination of information online and enjoyment of human rights, including economic, social, and cultural rights.
Other measures hindering digital rights, such as online censorship, are condemned as well. To enable an open and safe Internet, the resolutions call on implementing measures to close the digital divide, including the gender divide.
3. Multi-stakeholder Internet governance with meaningful participation of civil society
It is acknowledged that multi-stakeholder governance and consultation related to human rights and technology should include representatives of civil society, the private sector, the technical community, and academia, among others. The resolutions encourage States to facilitate the diversity of civil society participation, with particular emphasis on underrepresented parts of civil society.
All processes should be transparent and inclusive to ensure meaningful participation of civil society in Internet governance and technology policy, including regulation of emerging technologies.
4. Corporate responsibility to respect human rights in the digital sphere
The private sector plays a significant role in the design, development, and deployment of digital technologies. Businesses, especially digital platforms, emerging technologies and telecommunications companies are recognised as having a responsibility to prevent, mitigate, and remedy adverse impacts of their activities and relationships on human rights, as consistent with the United Nations Guiding Principles on Businesses and Human Rights (UNGPs). The resolutions also recognise that the private sector, among others, needs to be part of the responses to COVID-19 and contribute to bridging the digital divide.
Follow-up actions – how can we enhance the standards protecting online and offline civic space?
All three resolutions require relevant UN bodies (OHCHR and High Commissioner) to prepare reports and conduct consultations
- to map out and further detail practices related to civic space online and offline,
- analyse the human rights implications of Internet shutdowns and
- discuss the relationship between human rights and technical standard-setting processes emerging technologies as well as the practical application of the UNGPs to the activities of technology companies.
It is crucial that these follow-up processes are conducted with a meaningful involvement of a broader civil society community, including human rights defenders, marginalised and vulnerable groups in particular, in order to address effectively the challenges they face.
We also recommend that these processes keep bridging the divide between governments, technology companies and civil society and promote meaningful cooperation in carrying out human rights impact assessments on regulatory measures and technologies affecting civic space.