Freedom of peaceful assembly is under pressure globally in the physical, but also in the online space. We have seen how authorities or even private companies increasingly use digital technologies, including AI- driven devices for live facial recognition or phone tracking, to monitor assemblies.
On its 50th session between 13 June – 8 July 2022, the UN Human Rights Council adopted two critical resolutions via consensus, i.e., unanimously without a vote:
- HRC Resolution 50/20 on “The rights to freedom of peaceful assembly and of association” – which renewed the working mandate of the UN Special Rapporteur on Freedom of Peaceful Assembly and Association; and
- HRC Resolution 50/16 on “The promotion and protection of human rights in the context of peaceful protests”.
We welcome that both resolutions acknowledge the critical role of digital space for activists and protesters, particularly where they face restrictions operating in physical spaces, such as in times of crisis or emergency.
Resolution 50/20 on the rights to freedom of peaceful assembly and of association
In particular, the resolution:
- reiterates the “important role of new information and communications technologies in enabling and facilitating the enjoyment of the rights to freedom of peaceful assembly and of association”,
- calls upon States to “respect, fully protect and fulfil the rights of all individuals to assemble peacefully and associate freely, online and offline”
- “Condemns unequivocally” Internet shutdowns and online censorship and calls upon all States to refrain from and to cease such measures.
Resolution 50/16 on peaceful protests
At the same time, Resolution 50/16 draws from the language of the Human Rights Committee General Comment 37 on Article 21, ICCPR (Right to Peaceful Assembly) and for the first time acknowledges that:
- “although an assembly has generally been understood as a physical gathering of people, the protections guaranteed by international human rights law, including for the rights to freedom of peaceful assembly, of expression and of association, also apply to analogous interactions taking place online”;
- “the possibility of having access to and using communications technology securely and privately, in accordance with international human rights law, is important for the organization and conduct of assemblies”;
- New technologies can “facilitate and enhance the involvement and participation of those often marginalized, as well as support the proper management of assemblies and increase transparency and accountability”.
The resolution further points to concerning examples of arbitrary and unlawful surveillance of individuals engaged in peaceful protests both in physical spaces and online, such as via use of CCTVS, aerial surveillance but also new and emerging digital tracking tools, biometric technologies, including facial and emotional recognition as well as and international mobile subscriber identity (“IMSI”) catchers.
Therefore, the resolution:
- calls upon all States to refrain from and cease practices such as full or partial Internet shutdowns or disruptions, unlawfully or arbitrarily blocking, taking down media websites or social networks, or widely restricting Internet access, dissemination of information or online gatherings;
- urges a global moratorium on the sale, transfer and use of private surveillance technologies targeted at committing violations and abuses against those exercising their right to peaceful assembly;
- equally calls on all States to “refrain from applying any undue restrictions to technical solutions to secure and to protect the confidentiality of digital communications, including measures for encryption, pseudonymization and anonymity online,” given their importance to protect the enjoyment of the rights to privacy and freedom of expression, peaceful assembly and association, in the context of peaceful gatherings.
ECNL has also published the first-ever monitoring tool on digitally-mediated assemblies which allows groups to analyse how technology impacts protests. Click here to read the Guide.