01. Global Campus Policy Briefs

Permanent URI for this collection

https://reponew.gchumanrights.org/handle/20.500.11825/579

The Global Campus Policy Briefs are one of the outputs of the Policy Observatory Project, which aims to enhance the role of the Global Campus and its regional members in undertaking coordinated research initiatives and providing guidance and expert opinions in response to urgent human rights issues to a broad primary and secondary audience. It foresees the creation of a virtual hub, which will include participation of researchers from each of the seven regions for the production of a set of complementary policy analyses on assigned topics.

2022 Edition: Business and Human Rights at 10: What Next for the Future?

Living with Fear and Fragility in Times of Pandemic: Contested Lives of Migrant Workers and Challenges of National and Regional Business and Human Rights Frameworks for Labour Migration in the Association of Southeast Asian Nations
by Saittawut Yutthaworakool

Anti-Corruption to Fight Human Trafficking Labour Exploitation in the Spanish Agricultural Sector
by Clàudia Serrano Puig

Economic Growth in Developing Countries and its Impact on Human Rights of Indigenous Communities
by Natalia Gagliardone

Child Labour among Refugee Youth in Lebanon: A Way Forward
by Jasmin Lilian Diab

A Step Closer or a Step Further from Corporate Social Responsibility: Building Hydropower Plants in Albania and Bosnia and Herzegovina
by Imane Bellaadem

Balancing Between Human Rights and Business Development: What is the Situation with Labour Rights in Ukraine and What are the Chances to Change It?
by Irina Bakhcheva

2021 Edition: The Connection between the Environment and Human Rights with a Primary Focus on the Rights of Future Generations and Youth Participation

Climate Justice and Human Rights, in a World in Climate Emergency
by Zoi Aliozi

Environment and Human Rights in Curriculum: Towards a Strong and Uniform Education Policy in South Asia
by Visalaakshi Annamalai

‘Burned by the Sun, Drowned by the Rain’: Enhancing Children’s Legal Protection Against Climate Change
by Elise Daniaud

Climate Change and the Future Generation under the African Human Rights System: Fostering Pathways and Partnerships
by Ademola Oluborode Jegede

Planet over Profit? A Reality Check of Europe’s Aspirational Climate Policies
by Tomáš Jungwirth

Ecosystem Restoration as a Successful Way for Fighting Global Climate Changes
by Marina Rakopyan

Youth Activism and Climate Change in Latin America: Indigenous and Peasant Youth in Defence of their Human Rights and Territories
by Juan Wahren

Browse

Diffusing Tension, Building Trust: Proposals on Guiding Principles Applicable during Consideration of the Activity Reports of the African Commission on Human and Peoples' Rights

(Global Campus, 2018) Biegon, Japhet

As the most active regional human rights supervisory mechanism in Africa, the African Commission on Human and Peoples’ Rights (ACHPR) has increasingly become the target of political backlash. The African Union (AU) Executive Council and the Permanent Representatives Committee (PRC) have on a number of occasions reacted angrily to decisions taken by the ACHPR in the discharge of its mandate. In the process, they have overstepped their role to consider the activity reports of the ACHPR. In particular, they have purported to alter substantive decisions of the ACHPR or direct how it should perform its independent and autonomous functions. This policy brief seeks to clarify the limits and boundaries of the involvement of AU political organs in mandate-related functions of the ACHPR. It proposes a set of five guiding principles that should be applied by the Executive Council and the PRC during their consideration of the activity reports of the ACHPR. In particular, it proposes that: (a) consideration of activity reports should not erode or undermine the role of the ACHPR as an independent and autonomous interpreter of the African Charter; (b) the competence to consider activity reports should be understood in light of the overriding object and purpose of the African Charter; (c) consideration of activity reports should take into account the fact that the African Charter contains safeguards for ensuring ACHPR’s internal independence; (d) the process of considering activity reports should not serve as a platform for member states to lodge appeals against decisions of the ACHPR; and (e) consideration of activity reports should foster the principles of separation of powers and rule of law within the AU.
How to Provide Sustainable Funding for Civil Society and Community Media : the Case of Serbia and Western Balkan Countries

(Global Campus, 2018) Davor, Marko

This policy brief aims to recommend necessary regulatory and legal improvements to provide civil society media or community media in Serbia with more a friendly environment for their work. Taking into consideration the fact that public and commercial media are significantly influenced by political and economic interests, the civil society media model represents an alternative way to enable citizens’ direct participation in information flow, content creation and provide them with an opportunity to be adequately informed. The focus on Serbia, when it comes to analysis and recommendation, is justified by the dire political and economic situation of this country, enormous decrease of scores related to media freedoms, and feasibility to advocate changes and solutions of regulatory and legal framework, as well as in the domain of media practice. In Serbia, there is a variety of citizen and civil society attempts to establish local media in order to provide reliable, trustworthy, timely and relevant information for their communities.Different funding options -- public funding, donations, advertising, sponsorships, and other options to create incomes for CSO media -- are discussed and elaborated. Taking into account contextual factors that may influence their implementation and current practices, this analysis presents their strengths and weaknesses.It is indicated that for the sustainable operation of civil society media, neither of the aforesaid options can work by themselves. Instead, a combination of various income sources should be recognized and stimulated by regulatory and legal framework to create a funding model for CSO media to rely on. The recommendations for policy- and decision-makers fall into two main camps. One that includes legal redefinition of civil society media and a second one which supports creation of enabling environment for their sustainable work. Special sections in the recommendations relate to project co-funding with suggestions on how to improve this mechanism that is essential for CSO media. The final part includes recommendations for CSO media in order to build their internal capacities and become competitive in fundraising activities.
Migration Policies and Human Rights in Latin America. Progressive Practices, Old Challenges, Worrying Setbacks and New Threats

(Global Campus, 2018) Ceriani Cernadas, Pablo

In the field of migration policies from a human rights point of view, Latin America has increasingly become a peculiar region in the last 15 years. This assumption is based on the fact that the region has been experiencing a transitional phase which includes trends in diverse, including contradictory, directions. On the one hand, a distinct note is the strong presence of the human rights narrative, which led to important improvements. Beginning with political and legal recognition of migration as a human right, during these years several positive legislative changes have been adopted, including equal protection of social rights of all migrants, non-detention based on migration status, due process safeguards and access to justice.On the other hand, lack of effective implementation and pending legislative and policy changes depicted a decade full of deficits regarding the coherence between rhetoric and actual policies. Other structural challenges include widespread xenophobia throughout the region, lack of data for evidence-based policies, and absence of inter-institutional coordination aimed at ensuring comprehensive rights-based policies, among others. In addition to such challenges, recent years have evidenced policy shifts in some countries that could be defined as worrying setbacks. Border militarization, immigration-detention practices, proposals for restricting social rights of undocumented migrants, among others, are among the new threats that tend to reverse some of the advances this region had made in previous years.In this context, this Policy Paper examines whether the region is in time to prevent this regressive trend from deepening and, on the contrary, continues the transition that was expected to become a new paradigm on migration rights-centered governance model. Some policy options, including a set of strategies and initiatives, are proposed in order to address and/or reverse those threats and setbacks, as well as to strengthen migration policies directed to respect, protect, promote and fulfill the human rights of all migrants.
Youth Unemployment in the Arab World

(Global Campus, 2018) Sayyid, Mustapha K. : Al- ‎

There is no doubt that the youth unemployment crisis in the Arab world is the most serious of all the world’s regions in terms of its magnitude, trends, and social and political implications. In fact, Arab governments have made considerable efforts to tackle this challenge, yet it has been aggravated by political instability in several Arab countries that led to significant repercussions on other countries of the region. Both Iraq and Syria have dealt with decisive blows to terrorist organizations, but a situation of civil war still prevails in countries such as Yemen and Libya, and foreign occupation casts a shadow on the economic situation in Palestinian territories. The paper starts by examining major trends of youth unemployment in Arab countries during the last two decades, offers an interpretation of this situation, surveys efforts by Arab governments to deal with this challenge and ends with some policy recommendations drawn from experience of other countries as well as advice offered in reports of concerned international organizations.
Human Rights Violation and (non)Prospect for Democracy in Thailand

(Global Campus, 2018) Sae Chua, Bencharat

The international community (in particular, the European Union and the United States) suspended political relations with Thailand after the military coup in 2014. This relationship has been gradually normalized since the December 2017 announcement, in response to the Thai Military Government’s proposal for an election to be held in the end of 2018, that the EU would “pursue gradual political re-engagement” including political contacts at all levels and resume talks on a free trade agreement. This policy brief, however, suggests that the Thai government’s claim to hold an election is neither a promise of return to genuine democracy, nor does it ensure respect of rights and liberties; rather, this policy brief recommends the international community to continue monitoring and pressuring the Thai military junta to respect human rights, freedom of expression and public participation. It is also recommended that any future talks between the EU and Thailand include the issue of human rights defenders and civil society. Political and trade relationships cannot exist in an environment where HRDs and civil society are unable to participate in the discussion, especially if they are not able to make either their own communities or EU governments aware of potential impacts of these relationships.
Fostering Independent Journalism and Press Freedom to Protect against Information-Related Dangers of the Digital Age

(Global Campus, 2018) Lamer, Wiebke

This paper outlines current information-related dangers of the digital age that are undermining democracy and human rights both in Europe and on a global scale. In particular, it focuses on three related trends: the weaponisation of information, truth decay, and information disorder. This paper highlights the key importance of press freedom and independent media for democratic societies in countering these dangers. It examines policy options for addressing these trends, which in a wider perspective signal a turn towards illiberalism and authoritarianism, stressing the complexity of the problem and that of the needed solutions. It argues that instead of being primarily concerned with quick fixes such as media regulation and installing fact-checking mechanisms, policymakers should invest in long-term approaches that include support for media development, media literacy and public diplomacy to counter these information-related trends. First and foremost, it recommends that the EU and its member states devote more effort to protecting and promoting independent media and press freedom at home and abroad in order to strengthen democracy in light of these ongoing trends.
Conquering the Right to Assembly of LGBTI People in Bosnia and Herzegovina: Towards the First Pride Parade

(Global Campus of Human Rights, 2019) Durkalić, Masha

Up until now, it has been challenging to speak about any standard policy practices when it comes to the freedom of assembly of lesbian/gay/bisexual/transgender/intersex (LGBTI) people in Bosnia and Herzegovina (BiH). Ahead of the first pride parade, announced for September 2019, this policy paper examines the reasons why a pride parade, as a particularly important form of advocacy for LGBTI rights, attained through the right to assembly, has not yet taken place in BiH. It also reflects on the examples of assembly which took place in the past, as well as on their results, ultimately offering the arguments as to why a pride parade would be a game-changer when it comes to the rights of the LGBTI community, and makes recommendations to stakeholders on how to help this process along. The Constitutional Court of BiH gave two landmark verdicts stating that homophobic and transphobic violence that took place at the 2008 Queer Sarajevo Festival and 2014 Merlinka Festival violated the right to assembly of LGBTI people. Recommendations on making sure the first pride parade is held peacefully and without obstruction are focused on ensuring the safety of the pride parade and creating an atmosphere in which the public opinion will be free of hate speech aimed at LGBTI people. The police structures of Canton Sarajevo and Federation of BiH should work together to ensure the parade is held without incidents. The media should uphold the highest standards of professionalism and ethics when reporting about the first pride parade in BiH and refuse media space to homophobic and fascist views. The political parties should demonstrate their willingness to respect all human rights, as their statutes claim, and refrain from hate speech and homophobia. Civil society organisations and relevant human rights institutions should continue to support the first pride parade and to bring its importance to the attention of the public, while international stakeholders should continue to pressure the responsible authorities to protect the pride parade in line with the law. United efforts in this direction would make sure that the first pride parade in BiH is held without violence, hate speech and obstruction, thereby signalling a new era of protection of LGBTI rights in this country.
Characterising Migrations in Latin America: Analysis and Media Coverage Proposals of the Argentine Case

(Global Campus of Human Rights, 2019) Fernández Bravo, Ezequiel

The objective of this policy brief is to provide guidelines and tools for self-regulation of journalism in Argentina, based on pluralism and differences in reporting and media coverage of migration, as main principles. Latin America has been and still is a continent defined by a dynamic and continuous migratory flow, both in inter-regional and intra-regional terms. In the last few years, several states from the region have been affected by setbacks in public policies, administrative practices and regulatory provisions. These dynamics have been replicated and encouraged by mass media. By stereotyping migrants in negative terms, mass media has justified human rights violations, highlighting and furthering xenophobic expressions within civil society. Mass media play an essential role in this process, as actors with the agency to shape a public agenda, enable or constrain imaginaries within society and characterise and portray vulnerable groups, in this case, the migrant population. Even though the phenomenon has extended throughout the region, analysing the Argentinian case is of special interest due to the approach to migration from a human rights and securitisation perspective. The growing criminalisation, following regressive policies and multiple discourses by first-line government officials, has been accompanied by media discourse in tune with editorial lines about the subject from the 1990s. Although it was nuanced at the beginning of this century, it has re-emerged strongly in the last five years. The present policy brief seeks to propose guidelines aimed at prevent xenophobia and eradicate the use of stereotypes. It also suggests more appropriate conditions to think about professional journalism and the interaction with migrant groups and audiences that actively participate in the shaping news. Among these mechanisms, the strengthening of the Public Defender’s Office for Audiovisual Communication Services is central. Finally, it suggests guidelines to strengthen and increase support mechanisms for the self-regulation of independent journalism, without interference.
Women Human Rights Defenders in a New Social and Political Reality of Armenia: Active in the Margins, Unprotected in the Core

(Global Campus of Human Rights, 2019) Hovhannisyan, Siran ; Shahnazaryan, Gohar

Women human rights defenders stand up for women’s rights and gender equality, they see and believe in the importance of being vocal for those women and girls around the world that are somehow deprived from the opportunity to speak for themselves. This policy paper addresses women’s and gender issues in Armenia, and especially the ways women human rights defenders react and respond to gender-based injustices. Recent experiences demonstrated that women human rights defenders and activists are significant actors in the women’s movement in Armenia that has tried to establish the climate of equality in the Armenian society for more than a century. With this policy brief we highlight the importance of the work of women human rights defenders in Armenia especially in the new political and social realities in the country which, despite the fact of the revolution, are still to be transformed from complex gender perspectives. We argue that although Armenia is undergoing major political, social and economic changes and, hopefully, developments, there is evidently a need to point out some field-specific important aspects that the state and other stakeholders should consider in their works and co-operations. This policy brief also addresses the issue of safety of women human rights defenders and gives recommendations to different stakeholders/ parties in decision-making.
Learning from Women’s Movements to Develop Intersectional Policy-Making and Inclusive Policies: the Belgian Women’s Strike

(Global Campus of Human Rights, 2019) Genevey, Moana

This policy brief aims to explore ways to operationalise the concept of intersectionality in policy- making in Europe. It takes into consideration the lessons brought by women’s movements in the world, and in particular in Belgium. The Belgian Women’s Strike drafted a set of policy claims which focuses on the needs and experience of the most vulnerable and marginalised women in Belgium. This recent movement also developed an intersectional approach to organise the strike, with dedicated mechanisms tasked to ensure the operationalisation of intersectionality in all its activities. While there is an increased attention given by policy-makers to the concept of intersectionality, they still face structural barriers to put it into practice. The scarcity of disaggregated data, insufficient participation of marginalised people in policy-making and the absence of effective mechanisms to operationalise intersectionality are strong obstacles to achieve intersectionality in policy-making. The recommendation for policy-makers are centered first on increasing the visibility of marginalised people, through data collection and the use of inclusive language. It is also recommended to increase their participation in the policy-making process. Finally, this policy brief recommends to establish mainstreaming processes and to enable existing equality bodies to develop an intersectional approach when monitoring and implementing equality policies.
Food Security in Yemen: How to Secure Food Conditions of Pregnant and Lactating Women

(Global Campus of Human Rights, 2019) Astudillo Poggi, Francisco

The armed conflict in Yemen has brought about the largest humanitarian crisis in recent times and has resulted in millions of civilians affected. Millions of people live under levels of food insecurity and amongst the affected population, pregnant and lactating women have been particularly afflicted and are at risk of malnutrition, which could trigger death, miscarriages and newborns with delicate health conditions. Moreover, the gender gap in Yemen also exacerbates women’s access to food and increase the vulnerability thereof, and even though international organisations and non-governmental organisations have created programmes to assist the population in need, only few of the policies include a gender perspective that properly reflects the conditions of pregnant and lactating women. This policy paper intends to identify the programmes that have been implemented so far and propose alternative solutions considering a gender perspective and the particular conditions of the group of interest.
Sri Lanka’s Urban-Centred Development Trajectory: Implications for Rights-Based Development Policy

(Global Campus of Human Rights, 2019) Mendis, Rasika

Sri Lanka’s urban development policies and strategies outline an urban transformation that would generate economic opportunities and dividends for Sri Lanka’s overall national economy. The paper attempts to uncover the potential outcome of a policy drive that does not adequately explore the social implications of the envisaged transformation; some of these implications include problems of adaptation to an urban environment, vulnerability to marginalisation and urban-poverty, and inability to negotiate urban employment, urban housing and mobility within the urban space. Data and information needed to analyse social implications is compromised by issues of capacity (among urban institutions) and the lack of connectivity between academics, civil society and urban interest groups and stakeholders (including policy makers). The discussions of the brief are centred on fundamentals of rights based development, with reference to the United Nations Declaration of the Right to Development (DRD); a necessary foundation for a detailed revision of rights based urban policy. The fundamentals of the DRD include the need for holistic definition of what the urban context entails, and the ability of all persons concerned, notably the vulnerable and marginalised, to influence and benefit from urban centred development. Recommendations include that a more defined selection of data and information is used to comprehensively assess the potential of Sri Lanka’s urban context to benefit all segments of the urban population and to mobilise local government authorities as key players that link the grassroots to policy making levels of government.
Promoting Access to Justice in Africa: Key Points for Advocacy on the Southern African Development Community Tribunal

(Global Campus of Human Rights, 2019) Mandlate, Aquinaldo Célio

This policy paper provides insights to strengthen advocacy for the restoration of the Southern African Development Community Tribunal (SADC Tribunal) in its original form. The focus on the SADC Tribunal is as a result of the acknowledgement that sub-regional integration needs strong institutions including independent and impartial judicial bodies that function effectively without political interference. Given the significant role of such independent judicial bodies, the paper reflects on advocacy for the restoration of the SADC Tribunal, the only sub-regional court which allowed citizens from SADC countries to bring cases before the court. The paper notes that the SADC Tribunal was suspended due to a political decision taken by the heads of states and governments of countries that are members to the Southern Africa Development Community (SADC). It then argues that the suspension of the SADC Tribunal created a huge gap for citizens to access justice in the SADC region. To address this gap, the paper reflects on advocacy efforts that are being made with view to bring back the SADC Tribunal in its original form. It makes recommendations to improve advocacy efforts. The conclusion reiterates the need to employ advocacy based on principles enshrined in the SADC Treaty itself as part of efforts to encourage SADC leaders to restore the SADC Tribunal as it was originally conceived.
The Cyber Occupation of Palestine; Suppressing Digital Activism and Shrinking the Virtual Sphere

(Global Campus of Human Rights, 2020) Taha, Suhail

Since the October 2015 uprising, the Israeli regime has intensified its prosecution of Palestinian digital users. Hundreds of Palestinians were arrested under the pretext of ‘incitement’ over social media platforms, particularly journalists, human rights defenders (HRDs), activists, artists and students. As alternative ‘public spheres’ for digital protests, social media platforms have had a significant impact on promoting human rights and exposing violations. The Israeli repressive policy against Palestinian digital rights has narrowed the online sphere censoring the right to express and speech; thus, shifting the role of these digital platforms from a tool to strengthen freedom of expression and rights to open arenas for prosecution and suppression. This policy brief argues that social media companies are complicit in facilitating the Israeli occupation violations of Palestinian digital rights through restricting their rights to freedom of expression, thought and privacy. It shows that Facebook has been censoring Palestinian content based on Israeli regulations since 2015. The policy brief outlines the major challenges pertaining to the protection of Palestinian digital rights in the context of the current repressive policies undertaken by the Israeli occupation and highlights the key repercussions and impact of neglecting abuses of Palestinian digital rights. It underlines the importance of digitalisation for the proper protection and promotion of human rights. Furthermore, it proposes a set of recommendations aimed at adopting a human rights-based approach to digitalisation and guaranteeing protection to safeguard Palestinians’ rights to freedom of expression and public participation in the virtual sphere. The policy paper suggests that social media companies must commit to their transnational human rights obligations and refrain from being complicit with violating Palestinian digital rights through ceasing their collaboration with the Israeli regime. On the contrary, they have a responsibility to ensure a safe and protected digital environment for Palestinian HRDs and activists over social media platforms.
State of Pandemonium: Digital Rights in the Western Balkans and COVID-19

(Global Campus of Human Rights, 2020) Krivokapić, Danilo ; Perkov, Bojan ; Marko, Davor

The COVID-19 pandemic caused many shockwaves globally, eg disruption to daily interaction (physical and social distancing measures), disruption to education, disruption to work, restrictions on freedom of movement, etc. But, particular concern has been raised for the respect of human rights during this global public health crisis. Countries across the world have introduced various legal measures and technological solutions to combat consequences of COVID-19, leading to increased intrusion into their citizens’ lives. In such circumstances, privacy and personal data protection were among the first ‘victims’, while infringement of other rights, such as freedom of expression and information, came soon after. The Western Balkans are no exception – numerous breaches of digital rights and freedoms could be witnessed during the pandemic, threatening to further decrease the overall state of human rights riding on the public fear of a major health crisis. The purpose of this paper is to show that the pandemic should not under any circumstances be used as a carte blanche for irreversible reduction of human rights standards, especially through the use of intrusive technologies. The authors’ findings presented in the paper highlight that there are already many issues in the Western Balkans in terms of digital rights and freedoms, particularly concerning personal data privacy and security, misinformation and attacks on journalists, which only deteriorated during the COVID-19 pandemic.
Your Face Rings a Bell. How Facial Recognition Poses a Threat for Human Rights

(Global Campus of Human Rights, 2020) Naranjo, Diego

‘The greatest danger still lies ahead, with the refinement of artificial intelligence capabilities, such as facial and pattern recognition.’ (Edward Snowden) In 2013, Edward Snowden published historical revelations about mass surveillance by the National Security Agency (NSA) that caused an uproar on the political class, the media and the general population. The Snowden revelations brought to light the most invasive and extensive mass surveillance capabilities by a government known to date, one that we would have only expected to be reserved for the most tyrannical governments in a dystopian future. On the bright side, these revelations increased the awareness of privacy and data protection rights and accelerated the discussions on the General Data Protection Regulation in the European Union (EU), strengthening the arguments of privacy and data protection activists. Moreover, the revelations also added new views on whether, in the race of the so-called ‘war on terror’, intelligence services had gone just too far. Since then, public authorities in Europe and elsewhere have expressed the need to reinforce privacy and data protection rights, and analyse the counterbalances of intelligence services with fundamental rights safeguards. Years after the Snowden revelations came out, stories started to appear in the media about the use of technologies in China that used invasive biometric recognition patterns for apparent ‘convenient’ uses in ATMs or, sometimes more bluntly, directly designed to suppress human rights and legal dissent. The general tone of the news from the Western media regarding the use of face recognition systems and biometrics, especially if the news related to the deployment of social score systems in China, was of (understandable) alarm. The underlying idea that no one had to even mention is that something even remotely like that could not happen in advanced democracies. Today, around 15 European countries have deployed (in trial or full phase) facial recognition systems and other biometric technologies used for live remote identification in publicly accessible spaces. When initially deployed, these systems escaped the attention of the media. But, around February 2019, the first scandals started to emerge in Europe and the United States (US). In the US several cities (Oakland, Berkeley, Somerville, Massachusetts, San Francisco and others ) banned such practices. In Europe, where generalised data protection, privacy laws and specialised human rights courts exist, the response was silence. The only exception to this radio silence happened, paradoxically, when these systems were under threat. When a leak of the European Commission (EC) Artificial Intelligence White Paper considered to launch a similar ban in the EU (only to be discarded a few lines later in the same document) the topic became something worth discussing for a couple of weeks.
The Impact of Ground and Aerial Security Robots on Human Rights in Africa

(Global Campus of Human Rights, 2020) Gumedze, Sabelo

The objective of this policy brief is to make a case for addressing the impact of the use of ground and aerial security robots on human rights in Africa. The African continent is witnessing a rapid growth of the robotics industry and the use of ground and aerial robots is steadily increasing in the security sector. Whilst the exponential growth on the use of security robots arguably augment safety and security, many African countries have not enacted frameworks for their regulation. The introduction of security robots and their interface with human beings automatically bring the subject of human rights to the fore. The use of security robots impact on the enjoyment of a plethora of human rights. These include the following: labour and/or employment rights; the rights to privacy and freedom of expression; the rights to assembly and freedom of movement; and the rights to life and human dignity. As a result of the impact of security robots on the enjoyment of human rights, this policy brief makes the case that attention is required from policy makers at the level of the African Union (AU). The policy brief suggests that as the use of security robots will pose a serious threat in terms of cyber security, and especially on cybercrime, Africans states must ratify the AU’s Convention on Cyber Security and Personal Data Protection, which was adopted in 2014. In order to comprehensively address the concerns relating to the use (and misuse) of security robots and the enjoyment of human rights, the policy brief advocates for a comprehensive regional instrument that will provide guidance to African states. Such a regional instrument must be informed by cutting-edge research on the use (and potential use) of unmanned ground and aerial vehicles in Africa.
Strategic Roadmap for Nepal: Integrating United Nations Guiding Principles on Business and Human Rights into Domestic Law

(Global Campus of Human Rights, 2020) Vyas, Ravi Prakash

Taking the business sector in Nepal as a subject, we can observe that it is continuously growing. Nepal’s constitution has directed the economic objective of the state to achieve sustainable economic development with the involvement and participation of the public, private and cooperative sectors. Keeping this in mind, laws today can be seen as more receptive towards the contribution business sectors have to offer. There are laws in practice which promote competition and market promotion along with laws that govern foreign direct investments that directly affect the business sector. While there are laws that have created feasibility and growth of investments in the business sector, we can also see laws that regulate these businesses making sure that they ensure respect, protection and promotion of human rights. This policy brief outlines the existing legal structure and analyses it in a perspective of integrating the loophole in a framework for business and human rights in Nepal. In a simpler sense, we cannot overlook the human rights issues that could arise through business practices in Nepal. It provides policy recommendations to the government as to actions that can be adopted going forward for developing a National Action Plan (NAP) on Business and Human Rights. It recommends that Nepal should initiate the process of adopting a NAP, ensuring transparency and participation of all relevant stakeholders.
The Use of Facial Recognition Technology in EU Law Enforcement: Fundamental Rights Implications

(Global Campus of Human Rights, 2020) Dushi, Desara

Facial recognition technology is a type of biometric application used to identify people’s faces based on datasets and then makes assessments about those people based on algorithmic predictions. This technology can be used for three types of analytics: verification (matching the ID photo in airports), identification (matching a photo in a database) and classification (gender, age, etc). This technology is widely used by private companies for advertisement and marketing, by analysing facial expressions of clients to predict their preferences; for identifying ideal job candidates; or for automatic tagging of people in photos (Facebook for example). But, facial recognition is not used only by the private sector. Its evolution has attracted the public sector too, especially law enforcement and border management. This has generated many debates on the impact on human rights. Artificial Intelligence (AI) systems are typically trained on data generated by people. Therefore, it is possible that any AI system would reflect the social biases of the people who developed their datasets. On the other hand, it raises concerns of breach of privacy when used in public spaces (ie mass surveillance), discrimination (the algorithm has proven problematic for people of colour), false labelling based on facial expressions (ie in interviews or for criminal profiling), unwanted tagging and when used to send advertisements based on shops people have visited. It also causes intimidation to people and a feeling of intrusiveness. Public safety and expression of consent by people are classic justifications behind the use of such identification technology. But questions remain: Is it necessary? is it the best/right remedy? is it proportional? is it effective? and, ultimately, is the expressed consent informed consent?
Traffic Surveillance and Human Rights: How Can States Overcome the Negative Impact of Surveillance Technologies on the Individual Right to Respect for Privacy and Personal Data Protection?

(Global Campus of Human Rights, 2020) Torosyan, Mane

The crucial role of surveillance technologies for the enforcement of traffic laws and prevention of traffic accidents, as well as for the development of modern traffic management systems and regulation of traffic jams, is acknowledged widely but so far little attention has been given to human rights concerns arising from traffic surveillance. However, traffic surveillance greatly affects several individual human rights, more specifically the individual right to private life and personal data protection. In the case of traffic surveillance, interference by a public authority can be reasonably justified with the legitimate purpose of detecting traffic law violations, an action necessary ‘in a democratic society’ and for ‘the prevention of disorder or crime’. In this regard, human rights concerns may arise not from the very fact of video monitoring, but the recording and processing of data which may create an unlawful interference with individual human rights. In the process of traffic surveillance and further proceedings in response to traffic law violations, general principles of personal data protection may be significantly affected, specifically the requirements of personal data being ‘obtained and processed fairly and lawfully’, ‘processed for specified and legitimate purposes and not used in a way incompatible with those purposes’; ‘not excessive in relation to the purposes for which they are processed’; ‘preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored’. The case study of traffic law enforcement in the Republic of Armenia (RA) reveals several examples of how protection of individual human rights may be challenged through traffic law enforcement policies and procedures and offers useful lessons for mitigating the negative impact of surveillance technologies on the right to respect for private life and personal data protection.

Browse

Browsing 01. Global Campus Policy Briefs by Issue Date

Results Per Page

Sort Options