[IRPCoalition] Human Rights Council Briefing Note: 25th Session

[Deborah Brown]

Dear all (apologies for cross posting),

The 25th session of the Human Rights Council opens on Monday, 3 March.
Please find below and attached a briefing
note<https://www.accessnow.org/page/-/docs/HRC25_BriefingNote_20130228.pdf>
prepared
by Joy Liddicoat, Shawna Finnegan, and myself on internet rights issues
that will be on this session's agenda.

Should you have any questions, please don't hesitate to write me, Joy, or
Shawna (copied).

All the best,
Deborah

https://www.accessnow.org/page/-/docs/HRC25_BriefingNote_20130228.pdf
Briefing note: Human Rights Council 25th session

*By Deborah Brown (Access), Joy Liddicoat and Shawna Finnegan (Association
for Progressive Communications)*
Introduction:

The 25th session of the Human Rights Council (HRC) will take place in
Geneva from March 3rd to 28th. This note provides information on internet
related human rights issues in the upcoming session of the HRC. Overall, we
can see the continuing trend of the HRC addressing internet and human
rights issues in increasingly diverse aspects of its work. This is the
Council's 25th session and will see internet issues considered across a
broad range of topics, including in the context of peaceful protest, good
governance, freedom of region and belief, the sale of children, child
prostitution and child pornography, human rights defenders, cultural
rights, and the rights of persons with disabilities to education. We
continue to see more special procedures mandate holders (or Special
Rapporteurs) referring to the internet, and internet issues continue to be
raised on a country-specific basis, through for example the issues of
content blocking and censorship in the Universal Periodic Review
(UPR)1<https://mail.google.com/mail/u/0/?shva=1#14480c7eb77f36f9_sdfootnote1sym>
processes
relating to Pakistan and Malaysia.
Surveillance and Human Rights:

The right to privacy in age of mass government surveillance is increasingly
on the Council's agenda. On the heels of a historic
resolution<https://www.accessnow.org/blog/2013/11/26/un-general-assembly-takes-critical-step-to-address-privacy-amid-surveillanc>
at
the UN General Assembly (UNGA) on the Right to Privacy in the Digital Age (
A/RES/68/167<http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/68/167>),
an expert seminar<http://www.genf.diplo.de/Vertretung/genf/en/__pr/Aktuelles-2014-en/2014-02-19-seminar-privatsphaere-en.html>
was
held just ahead of HRC25 for the purpose of identifying ways forward to
ensure the protection of human rights in an increasingly interconnected
world. Organized by the co-sponsors of the UNGA resolution Brazil and
Germany together with Austria, Liechtenstein, Mexico, Norway and
Switzerland, the seminar sought to specifically address the question of
whether and how surveillance undertaken domestically or extraterritorially
may infringe on human rights.

Among the many distinguished speakers was the UN High Commissioner for
Human Rights Navi Pillay, who opened the meeting. In her opening
remarks<http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14276&LangID=E>
she
acknowledged that wide gaps between current legal frameworks and
technological developments have led to a blurring of lines between public
and private spheres; a lack of accountability and oversight in current
practices; and the need for clarity on the role and obligation of
companies. Pillay also highlighted the issue of surveillance in the digital
age in her annual report to the Council, which will be presented at HRC25
(see below for more information). The High Commissioner's office will be
writing a report dedicated to this issue, which should be completed in July
and considered at both the HRC's 27th session in September and the 69th session
of the General Assembly soon after. Her office has issued an open
call<https://docs.google.com/a/accessnow.org/file/d/0B6XUJ0SW4C68MllEWktTR0FLMGc/edit>
for
inputing into the report and creating a dedicated section on the Office of
the High Commissioner for Human Rights' website for the material submitted.

The seminar also provided the sponsoring states with an opportunity to hear
form the experts on what steps the Council should take to advance efforts
to protect the right to privacy in the digital age. Among the options
discussed were a new special procedures mandate focused specifically on
this issue; a new General Comment from the Human Rights
Committee<http://www.ohchr.org/en/hrbodies/ccpr/pages/ccprindex.aspx>;
a new Optional Protocol to the International Covenant on Civil and
Political Rights<http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx>;
and an advisory opinion from the International Court of
Justice<http://www.icj-cij.org/homepage/index.php?lang=en> on
the extraterritorial application of human rights obligations in the context
of communications technology. Each option offers a different set of tools,
ranging from advancing norms to oversight and regular reporting.

It is unlikely for the HRC to address the substance of this issue until the
report is considered in September, however HRC25 will likely see a
procedural resolution calling for a panel to discuss the High
Commissioner's report at its 27th session. Nonetheless, one could expect
surveillance and whistle-blowers to come up various ways during this
session, in particular during the High Level Segment at the beginning of
the session when ministers and other high-level officials address the
Council and in Agenda item 3 (*Promotion and protection of all human
rights, civil, political, economic, social and cultural rights, including
the right to development)*.

Additionally, during the same time as HRC25, the U.S. will be under
review<http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=625&Lang=en>
at
another human rights body in Geneva- the Human Rights Committee. The
Committee is an expert body that reviews government compliance with treaty
obligations under the International Covenant on Civil and Political Rights
(ICCPR). From the
afternoon2<https://mail.google.com/mail/u/0/?shva=1#14480c7eb77f36f9_sdfootnote2sym>
of
Thursday, 13 March through Friday, 14 March, the U.S. will stand before the
Committee and be
questioned<http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/USA/Q/4&Lang=en>
on
a range of human rights issues, including its policies on
surveillance<https://www.aclu.org/blog/human-rights-national-security/un-review-nsa-privacy-violations-among-other-us-rights-abuses>
in
the context of Article 17 of the ICCPR. A number of civil society
organizations have submitted shadow reports on the issue and there will be
events in Geneva to raise awareness and pressure (see more information in
the "side events" section below).

Plenary sessions will be live streamed and archived at:
http://www.unmultimedia.org/tv/webcast/c/un-human-rights-council.html

All documents for HRC25 including the reports referenced below can be found
here<http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session25/Pages/ListReports.aspx>
.

The twitter hashtag for the session is #HRC25
HRC 25 Agenda items relevant to internet rights

*Item 2. Annual report of the United Nations High Commissioner for Human
Rights and reports of the Office of the High Commissioner and the
Secretary-General*

*Annual report of the United Nations High Commissioner for Human Rights
(A/HRC/25/19)*

40. OHCHR continued to address other complex legal and policy challenges,
including *issues relating to mass surveillance and the right to privacy in
the digital age. While modern communications technology provides a powerful
tool for democracy, it has also contributed to a blurring of lines between
the public and the private spheres, and has generated unprecedented levels
of interference with the right to privacy.*

*Agenda Items 2 and 3: Annual report of the United Nations High
Commissioner for Human*

*Rights and reports of the Office of the High Commissioner and the
Secretary-General and Promotion and protection of all human rights, civil,
political, economic, social and cultural rights, including the right to
development*

*Report of the United Nations High Commissioner for Human Rights on the
deliberations held during the seminar on effective measures and best
practices to ensure the promotion and protection of human rights in the
context of peaceful protests (A/HRC/25/32)*

5. *The High Commissioner noted that protests were better organized and
more innovative than ever, aided by new means of communication, including
social media, thus raising more publicity and awareness about underlying
causes.* She expressed regret that in too many situations, peaceful
protests were met with brutal repression, including excessive use of force,
arbitrary detention, enforced disappearances, torture and even summary
executions or extrajudicial killings. Restrictive laws were passed,
limiting the space for peaceful protest, non-violent acts were criminalized
and those exercising their rights were prosecuted and subjected to unfair
trials. *In addition, journalists, Internet users and human rights
defenders were threatened, intimidated and harassed because of their role
in documenting and denouncing human rights violations committed in the
context of peaceful protests.*

16, *Finally, the important role of social media in peaceful protest was
acknowledged by participants. New information and communications
technologies enabled and facilitated the enjoyment of the rights to freedom
of expression, peaceful assembly and association. Therefore, panellists
observed, the use of social media and the Internet should be protected and
facilitated in the context of peaceful protests.*

*Report of the United Nations High Commissioner for Human Rights on the
role of the public service as an essential component of good governance in
the promotion and protection of human rights (A/HRC/25/27)*

Assessing public service employees

59. Some Member States have a system of assessing employees using key
performance indicators and *taking into account the views of online
communities*. Latvia has introduced new regulations that allow for a
360-degree performance evaluation for those working in public service.

E-technology

60. *Many Member States are modernizing their public service systems with
the use of e-technology, given that increasing numbers of people have
access to mobile telephones, even in remote and poor areas of Burkina Faso
and Morocco. Cameroon has a website (and a radio programme) on public
services. Mauritius has introduced a human rights e-portal.*

*Others maybe of interest (not available yet)*

   -

   A/HRC/25/34 Report of the United Nations High Commissioner for Human
   Rights on combating intolerance, negative stereotyping and stigmatization
   of, and discrimination, incitement to violence and violence against,
   persons based on religion or belief.
   -

   A/HRC/25/30 Rights of the United Nations High Commissioner for Human
   Rights on persons belonging to national or ethnic, religious and linguistic
   minorities.

*Agenda Item 3: Promotion and protection of all human rights, civil,
political, economic, social and cultural rights, including the right to
development*

*Report of the Special Rapporteur on freedom of religion or belief, Heiner
Bielefeldt*

In his annual report
(*A/HRC/25/58)*<http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session25/Documents/A-HRC-25-58_en.doc%20>,
the Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt
focuses on the need to tackle manifestations of collective religious
hatred, making specific reference to the internet:

Public and private media should be encouraged to help overcome religious or
belief-related stereotypes by replacing these with more accurate and
nuanced information. By promoting more balanced representations,
professional journalism, including investigative journalism, can contribute
to a public atmosphere of common sense, realism and experience, serving as
an antidote to conspiracy theories, misperceptions and public hysteria. *As
new social media and the Internet have become major tools for fostering
advocacy of religious hatred and incitement to discrimination, hostility or
violence in many countries, specific efforts should be directed towards
understanding and addressing this phenomenon appropriately*;

[To be debated 11 March, 12:00-15:00 CET]

*Report of the Special Rapporteur on on the sale of children, child
prostitution and child pornography, Najat Maalla M'jid (A/HRC/25/55)*

49. Similarly, *the expansion of the Internet and social networking has had
an impact on children's social norms.* The exposure of children to child
pornography inspires and influences their sexual practices and affects
their behaviour. Prevailing standards and peer pressure has led adolescents
to share sexualized images of themselves, making them vulnerable to abuse
and potentially redefining some of the social limits of acceptability of
child pornography.

53. *The Internet brings tremendous positive opportunities, in particular
for children and young people.* *Although the Internet may not represent a
determinant per se of the sale and sexual exploitation of children, it does
nonetheless operate as an instrument for offenders, multiplying the
possibilities of obtaining, distributing and selling child abuse material
and facilitating access to children in all parts of the world, and
consequently promoting the growth of this phenomenon.*

[To be debated 12 March, 09:00-12:00 CET]

*Report of the Special Rapporteur on the situation of human rights
defenders, Margaret Sekaggya (A/HRC/25/55)*

92. With regard to youth and student defenders, the Special Rapporteur is
concerned about how youth is perceived in society. Often, their young age
and alleged lack of maturity are used as grounds for not giving them a say
in public affairs. The Special Rapporteur regrets that there is a trend in
many countries of passing legislation that prohibits young people from
participating in public assemblies. *Other legislative moves pertain to the
Internet, social media and instant messaging, which are increasingly
subject to control by Governments.*

There are also many references to journalists and media workers in this
report, where internet related issues may arise.

[To be debated 10 March, 09:00-12:00 CET]

*Thematic study on the right of persons with disabilities to education
(A/HRC/25/29)*

45. There may be numerous support measures based on individual education
plans, ranging from the provision of compensatory aids, special learning
aids,*assistive and information technology and the application of special
education procedures.* One of the most important measures is the use of a
learning support assistant, either shared or on a one-to-one basis,
depending on the needs of the student. It is important to stress that this
non-exhaustive list is a continuum of support measures reflected in article
24, paragraph 2 (d) and (e), of the Convention.

[To be debated 9 March, 12:00-15:00 CET]

*Report of the Special Rapporteur in the field of cultural rights, Farida
Shaheed (A/HRC/25/49)*

91. The role of external actors in shaping memorial landscape has been
transformed by the use of information technology. *The Internet has led to
the internationalization of memory processes, an evolution epitomized by
the memorialization of the Gulag*.

[To be debated 12 March, 09:00-12:00 CET]

*Agenda Item 4: Human rights situations that require the Council's
attention*

*Report of the Commission of Inquiry on Human Rights in the Democratic
People's Republic of Korea (A/HRC/25/63)*

30. *Strengthening market forces and advancements in information technology
have allowed greater access to information from outside the country as
information and media from the Republic of Korea and China increasingly
enter the country. *The State's monopoly on information is therefore being
challenged by the increasing flow of outside information into the country
and the ensuing curiosity of the people for "truths" other than those
provided by State propaganda. Authorities seek to preserve their monopoly
on information by carrying out regular crackdowns and enforcing harsh
punishments.

[To be debated 17 March 10:00-13:00 CET]

*Others maybe of interest (not available yet)*

   -

   A/HRC/25/26 Report of the Secretary-General on the situation of human
   rights in the Islamic Republic of Iran [To be debated 18 March 14:00-18:00
   CET]
   -

   A/HRC/25/64 Report of the Special Rapporteur on the situation of human
   rights in Myanmar, Tomás Ojea Quintana [To be debated 18 March 14:00-18:00
   CET]

*Special Procedures Appointments*

The 25th session of the Human Rights Council will also include appointments
of  <http://www.ohchr.org/EN/HRBodies/SP/Pages/HRC25.aspx%20>*mandate
holders* <http://www.ohchr.org/EN/HRBodies/SP/Pages/HRC25.aspx%20>,
including Special Rapporteurs on the situation on human rights defenders,
the rights of indigenous peoples and on the sale of children, child
prostitution and child pornography.

*Panels*

   -

   Civil society space: creating and maintaining, in law and in practice, a
   safe and enabling environment: The Council will hold a panel discussion to
   address the importance of the promotion and protection of civil society
   space, which will, inter alia, contribute to the identification of
   challenges facing States in their efforts to ensure space for civil society
   and lessons learned and good practices in this regard. (11 March,
   15:00-18:00 CET)
   -

   Rights of persons with disabilities: Annual interactive debate on the
   rights of persons with disabilities with a focus on the right of persons
   with disabilities to education (19 March, 12:00-15:00 CET)

*Side Events*

   -

   The Right to Privacy in the Digital Age (American Civil Liberties
   Union), 13 March, 11:00-13:00 CET
   -

   Adoption of Malaysia's 2nd UPR Report *Implementing the Accepted
   Recommendations: The Challenges Ahead *Friday 21 March 12:00-14:00 CET


1 <https://mail.google.com/mail/u/0/?shva=1#14480c7eb77f36f9_sdfootnote1anc>At
its 25th session, the Council will consider and adopt the final outcome of
the review of Belize (A/HRC/25/13), Central African Republic (A/HRC/25/11),
Chad (A/HRC/25/14), China (A/HRC/25/5), Congo (A/HRC/25/16), Israel
(A/HRC/25/15), Jordan (A/HRC/25/9), Malta (A/HRC/25/17), Malaysia
(A/HRC/25/10), Mauritius (A/HRC/25/8), Mexico (A/HRC/25/7), Monaco
(A/HRC/25/12), Nigeria (A/HRC/25/6), Saudi Arabia (A/HRC/25/3) and Senegal
(A/HRC/25/4).

2 <https://mail.google.com/mail/u/0/?shva=1#14480c7eb77f36f9_sdfootnote2anc>Note:
all times referenced in this briefing note are in Central European Time
(CET/GMT+1)

-- 
Deborah Brown
Senior Policy Analyst
Access | accessnow.org
rightscon.org

@deblebrown
PGP 0x5EB4727D
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