Volume 3 No 2

Permanent URI for this collection

https://reponew.gchumanrights.org/handle/20.500.11825/1562

Editorial of special focus: The impact of new technologies on human rights
by Diego Lopez & Veronica Gomez

Articles

The right to development and internet shutdowns: Assessing the role of information and communications technology in democratic development Africa
by Deborah Mburu Nyokabi, Naa Diallo, Nozizwe W Ntesang,Thomas Kagiso White & Tomiwa IIori

Are smart walls smart solutions? The impact of technologically-charged borders on human rights in Europe
by Bronagh Kieran, Fuensanta Amoros Cascales, Laura Thomi & Meredith Veit

Online assemblies between freedom and order: Practices in South-East Europe
by Andrea Jovanović, Edo Kanlić, David Savić, Goran Stanić & Kristina Ćendić

Big Brother in the Middle East and North Africa: The expansion of imported surveillance technologies and their supportive legislation
by Ola El-Ashy, Ilaria Maroni, Hazem Mizyed, Razan Nammar & Mohammed Al-Maskati

The impact of new information and communication technologies on the enjoyment of human rights in Latin America
by Andrea Arriola, Felipe Rivadeneira, Carlos Guzman, Mailen García & Claudio Nash

Dystopia is now: Digital authoritarianism and human rights in Asia
by Mark Anthony V Ambay III, Neha Gauchan, Mahesti Hasanah & Numfon K Jaiwong

Sustaining human rights in the era of new technologies: Case studies of Armenia, Belarus and the Kyrgyz Republic
by Aisuluu Abdubachaeva, Kristina Vavrik, Karen Ayvazyan, Mariam Mkrtchyan & Yuriy Nosik

Recent regional developments

Selected developments in human rights and democracy in 2018: Migration and asylum in Europe
by Lorenzo Durante Viola, Cristina Pugnale, Federica Russo,Tamara Siwczyk & Paloma Torres Lopez

Selected developments in human rights and democratisation during 2018: Could it have been worse? Mixed messages for democracy and human rights in the Asia Pacific
by Ravi Prakash Vyas, Mike Hayes, Nanang lndra Kurniawan & Longgina Novadona Bayo

Child protection and EU cooperation between Eastern Partnership countries during 2018, with focus on Armenia, Georgia and Ukraine
by Mariam Muradyan

Recent developments in sub-Saharan Africa during 2018
by Ashwanee Budoo, Adem Abebe, Stephen Buabeng-Baidoo & Henok Ashagrey

Democracy and human rights developments in South East Europe during 2018
by Odeta Berberi

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Global Campus Human Rights Journal, Volume 3 No 2

(Global Campus of Human Rights, 2019) [...]

This is the fifth issue of the Global Campus Human Rights Journal. It consists of two parts. The first part provides a special focus on ‘technology and human rights’, an area of growing interest and concern. In seven articles devoted to this topic, authors from across the globe investigate this issue. These seven articles are based on papers that were presented at an event of the Global Campus of Human Rights at which students, lecturers and other scholars interrogated the topic ‘The impact of new technologies on human rights’. The Global Campus of Human Rights consists of the Global Campus Europe, South East Europe, Africa, Asia Pacific, Caucasus, Latin America and the Arab World, with the participation of post-graduate students from their respective Master’s programmes in Human Rights and Democracy. The second part of this issue of the Journal contains a discussion of ‘recent developments’ in the fields of human rights and democratisation in five of the regions covered by the Global Campus of Human Rights. In this issue, developments during 2018 in five regions are covered: Europe, the Asia Pacific, the countries making up the Eastern Partnership, sub-Saharan Africa and South East Europe.
The impact of new information and communication technologies on the enjoyment of human rights in Latin America

(Global Campus of Human Rights, 2019) Arriola, Andrea ; Rivadeneira, Felipe ; Guzman, Carlos ; García, Mailen ; Nash, Claudio

New information and communication technologies pose different and diverse challenges to the enjoyment of human rights in Latin America. This article presents a number of case studies on challenges and opportunities connected with ICTs and their impact on social movements, litigation, politics and the enjoyment of individual rights. It also refers to the attempts to promote the legal regulation of the digital sphere. The analysis highlights the gap between citizens with access to technology and connectivity and those left behind. Key words: information and communication technologies (ICT); Latin America; legal regulation; digital rights; technology; connectivity; social inequality
Selected developments in human rights and democracy in 2018: Migration and asylum in Europe

(Global Campus of Human Rights, 2019) Durante Viola, Lorenzo ; Pugnale, Cristina ; Russo, Federica ; Siwczyk, Tamara ; Torres Lopez, Paloma

2018 marks a milestone year with respect to the socio-legal and political aspects surrounding the issue of migration due to the adoption of the two Global Compacts (the Global Compact on Refugees and the Global Compact on Safe, Orderly and Regular Migration). In the first part this article gives an insight into the content of the Global Compact on Migration (GCM), which led to a loss of unity of European Union representation. The article further analyses two highly controversial topics from the Global Compact, namely, the so-called ‘climate migrants’ and ‘migrants in vulnerable situations’. Notwithstanding its soft law nature, the examination of the GCM reveals that both groups received recognition at a global level for the first time. Furthermore, the article analyses how these divergent positions on migration are being reflected in the EU’s policy making. The article finds that, instead of lifting the unequal migratory burden from some member states through harmonisation, EU policies have had the main aim to prevent migrants from entering into EU jurisdiction. Crucial developments in this context are the criminalisation of search and rescue NGOs, the transfer of search and rescue responsibilities to third countries and the outsourcing of migration-related responsibilities. Overall, the lack of progress in reforming the common European asylum system resulted in the externalisation of the EU migration policies through bilateral and multilateral agreements with transit countries. Finally, although the issue of migration requires political responses, the protection of refugees and migrants has increasingly relied upon judicial institutions. Key words: Global Compact on Migration; climate migrants; migrants in vulnerable situations; search and rescue; externalisation policies; common European asylum system
Editorial

(Global Campus of Human Rights, 2019) [...]

This is the fifth issue of the Global Campus Human Rights Journal. It consists of two parts. The first part provides a special focus on ‘technology and human rights’, an area of growing interest and concern. In seven articles devoted to this topic, authors from across the globe investigate this issue. These seven articles are based on papers that were presented at an event of the Global Campus of Human Rights at which students, lecturers and other scholars interrogated the topic ‘The impact of new technologies on human rights’. The Global Campus of Human Rights consists of the Global Campus Europe, South East Europe, Africa, Asia Pacific, Caucasus, Latin America and the Arab World, with the participation of post-graduate students from their respective Master’s programmes in Human Rights and Democracy. The second part of this issue of the Journal contains a discussion of ‘recent developments’ in the fields of human rights and democratisation in five of the regions covered by the Global Campus of Human Rights. In this issue, developments during 2018 in five regions are covered: Europe, the Asia Pacific, the countries making up the Eastern Partnership, sub-Saharan Africa and South East Europe.
Editorial of special focus: The impact of new technologies on human rights

(Global Campus of Human Rights, 2019) Lopez, Diego ; Gomez, Veronica

The profusion of new technologies and of information and communication technologies in many aspects of individual and collective life is one of the defining features of our times. The advancement of new technologies in the twenty-first century – also known as the fourth industrial revolution – along with the expansion of the internet, social media and artificial intelligence has a direct impact on the way in which the public and private sectors and individuals interact. These new and transformational environments present opportunities and challenges when their practices are analysed in terms of rights.
Democracy and human rights developments in Southeast Europe during 2018

( 2019) Berberi, Odeta

This article provides an overview of the developments in democracy and human rights during 2018 in the countries of Southeast Europe, focusing on nine countries. Different reports have revealed that the Southeastern European region is experiencing a regression as far as democracy and human rights are concerned. According to Freedom House, democracy is in retreat in many parts of the world, including in Europe. In this article the author highlights the main developments around democracy in three European Union (EU) member states: Romania, Bulgaria and Croatia. These countries continue to be listed as the worst performers in the EU in respect of adherence to the rule of law and widespread corruption. Six countries from the Western Balkans region – Albania, North Macedonia, Montenegro and Serbia are candidate countries, and Bosnia and Herzegovina and Kosovo – are analysed in respect of the latest developments relating to democracy and human rights. Since the regional dimension is very important for the Western Balkans, a part is dedicated to bilateral relations in the framework of EU integration. Key words: European Union; Southeast Europe; democracy; human rights; enlargement
Child protection and EU cooperation between Eastern Partnership countries during 2018, with a focus on Armenia, Georgia and Ukraine

(Global Campus of Human Rights, 2019) Muradyan, Mariam

This is a brief overview of progress and challenges in three Eastern Partnership (EaP) countries during 2018. The first part of the article analyses the commitments and obligations of three EaP countries under the international and regional frameworks, emphasising the relevant mechanisms and checks and balances. In this part the United Nations and Council of Europe mechanisms are considered. The cooperation framework between the European Union (EU) and the EaP countries is considered separately. Considering the fact that human rights protection has always been one of the key preconditions in developing political and economic cooperation between the EU and partner countries and the fact that the EU proclaims itself as a global actor, human rights and child protection are considered separate cooperation dimensions. In the second part the bilateral and multilateral cooperation with the EaP countries is categorised into three clauses. The clauses are built on the announced strategies and agendas of cooperation emphasising the slight deviations from the initial plans. Furthermore, the overview of selected achievements and perplexing challenges in human rights with the focus on child protection are described in Armenia, Georgia and Ukraine. Although some comparisons are drawn between the three countries, the contribution encourages the idea of considering each country individually bearing in mind the recent changes in political transformation both in domestic and international relations, economic declines and social transformations caused by the aftermath of the conflicts with Russia, as well as the advancements in fulfilling the bilateral agendas. The research shows that the announced targets and the EU’s commitments and actions in developing national judiciary, human rights protection and social systems in Armenia, Georgia and Ukraine are slow. Nevertheless, the delayed achievements in human rights and child protection do not hinder the nature of cooperation between the EU and EaP countries, displaying the weak connection of human rights conditionality in the external policy of the EU with its neighbours. Key words: human rights; child protection; European Union; Eastern Partnership; partnership clauses
Recent developments in sub-Saharan Africa during 2018

(Global Campus of Human Rights, 2019) Budoo, Ashwanee ; Abebe, Adem ; Buabeng-Baidoo, Stephen ; Ashagrey, Henok

This article highlights selected developments in democracy and human rights in Africa during 2018. While highlighting the progress that Africa has made in relation to democracy in countries such as Ethiopia, Angola, South Africa and Sierra Leone, it demonstrates how the situations in Uganda, Cameroon and Togo continued to be an attack on democracy. It also explains how, despite the lack of focus on democracy in the African Continental Free Trade Agreement, this Agreement can lead to more democratic governance with respect for the rule of law in African countries. It then focuses on developments within the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child. In 2018 these judicial and quasi-judicial human rights institutions have handed down decisions or adopted soft laws with a view to better protecting human rights across the continent. Key words: democracy; human rights; African Commission on Human and Peoples’ Rights; African Committee of Experts on the Rights and Welfare of the Child; African Court on Human and Peoples’ Rights; communications
Online assemblies between freedom and order: Practices in South-East Europe

(Global Campus of Human Rights, 2019) Jovanović, Andrea ; Kanlić, Edo ; Savić, David ; Stanić, Goran ; Ćendić, Kristina

This article approaches the question of whose interests the internet serves through the prism of online assemblies in the South-East Europe (SEE) region. In order to answer this question, the article uses four connected yet different angles. The first part explores opportunities and limitations of international laws, as well as national laws in the SEE region. Furthermore, the article discusses the role of the state in providing and facilitating access to the internet, that is, enabling the space for online assemblies in the SEE region. The article takes into account the variety of actors in the field of freedom of expression and freedom of assembly online, paying special attention to internet service providers. Finally, the article analyses the surveillance of the internet activities and security and its relation with online and offline assemblies. The article uses all four these aspects to explore the situations in the SEE region. The article specifically focuses on four countries, namely, three former Yugoslav republics: Croatia – a European Union member since 2013; Serbia – a candidate country exercising control over the internet the most; Bosnia and Herzegovina – a country aspiring to become a candidate but in which progress is burdened by divisions and legacy of the war; and Turkey, which has one of the most illustrative examples of stifling freedom of expression and assembly, and the influence of which on the Balkans is also visible. Key words: online assemblies; South-East Europe; freedom of assembly; freedom of expression
Dystopia is now: Digital authoritarianism and human rights in Asia

(Global Campus of Human Rights, 2019) Ambay 3., Mark Anthony 5. ; Gauchan, Neha ; Hasanah, Mahesti ; Jaiwong, Numfon K.

The advent of new information and communication technologies has opened up new economic opportunities, heightened the availability of information, and expanded access to education and health knowledge and services. These technologies have also provided new avenues for political, economic, social participation, and have presented new opportunities and methods for the advancement of human rights. At the same time, these same technologies can be used to violate human rights. This article queries as to how exactly states and other actors use digital authoritarianism to limit human rights. The study aims to understand what threats to human rights are presented by using new information and communication technologies. The article critically examines available literature on authoritarian practices using information and communication technologies, reports of government and intergovernmental bodies, non-governmental organisations, and various media agencies as well as by gathering first-hand data of samples of digital authoritarianism. The article argues that states and other actors practise digital authoritarianism by invading privacy, denying access to information and spreading misinformation, and limiting expression and participation, all of which violate the rights to freedom of expression, information and participation. Case studies of digital authoritarian practices are presented in the study, drawing on experiences and circumstances in several Asian countries. Key words: digital authoritarianism; authoritarian practices; human rights; Asia; information and communication technology
Are smart walls smart solutions? The impact of technologically-charged borders on human rights in Europe

(Global Campus of Human Rights, 2019) Kieran, Bronagh ; Amorós Cascales, Fuensanta ; Thomi, Laura ; Veit, Meredith

This article reviews new technologies on the external border of the European Union, and the human rights ramifications of these developments. It utilises a multi-disciplinary approach, writing on the emerging technologies themselves, their impact on vulnerable groups, legal developments relating to privacy, and the political context informing migration policy. The first part outlines emerging trends in border technology. The discussion relies on examples beyond the European Union to inform its analysis, including case studies from the United States border with Mexico. Technological developments considered include thermal imaging; biometric data; virtual reality; artificial intelligence; and drones. The second part explores how vulnerable groups will be affected by the collection of biometrics at the external border of the European Union. This part explores how algorithms, far from being objective arbiters, in fact are repositories for the bias of the manufacturer. The article postulates that to tackle the proliferation of bias, it is necessary to have a diverse workforce creating these systems. Third, the article addresses the regulatory framework on data privacy in the European Union. The significance of a right to privacy post-9/11 context is described. The conception of data privacy of the General Data Protection Regulation (GDPR) is set out. This part first analyses how GDPR has affected the processing and storage of data in the EU and, second, draws out the implications for the data of migrants. Special emphasis is placed on the concept of consent, and the ability of migrants to refuse the collection of their data is put into question. Finally, the article turns to the political context. Arguing that right-wing populism is not inherently opposed to new technologies, the article points to populists’ reliance on social media to garner support. Furthermore, it is advanced that the potential for migrants’ human rights to be impinged by new technologies is compounded by the influence of right-wing populism on migration policy. Key words: smart borders; surveillance; consent; privacy; biometrics; human rights; vulnerable groups; securitisation; technology; artificial intelligence
Sustaining human rights in the era of new technologies: Case studies of Armenia, Belarus and the Kyrgyz Republic

(Global Campus of Human Rights, 2019) Abdubachaeva, Aisuluu ; Vavrik, Kristina ; Ayvazyan, Karen ; Mkrtchyan, Mariam ; Nosik, Yuriy

The development of new technologies and innovation is meant to enhance accessibility and make life easier. Due to the fast pace of development, the response of countries to new technologies is crucial to ensure their reasonable use. However, along with the development of new technologies different implications have emerged as some developing countries appear not to be capable of effectively responding to these developments. Despite the positive impact of new technologies on various aspects of life, their misuse has negative implications for the enjoyment of human rights. This article aims to explore regional challenges to human rights caused by new technologies at the national and regional levels. It also aims to identify long-term structural challenges to human rights in Armenia, Belarus and the Kyrgyz Republic with a focus on cyber security, freedom of expression, freedom of speech, access to information and data protection policies. It further aims to make recommendations to stakeholders so as to improve the situation and minimise the negative impact of new technologies on human rights. On the one hand, the study reveals that the development of new technologies increased the accessibility of people to information in terms of e-governance programmes. Moreover, it shows that political mobilisation and participation, and freedom of expression have been enhanced due to social media developments. On the other hand, it identifies the current challenges to human rights in Armenia, Belarus, and the Kyrgyz Republic in terms of increasing hate speech online, media manipulation, the spreading of disinformation, data leakage and cyber security. The study shows that despite the positive impact of the new technologies on the enjoyment of human rights, the inability of these states to effectively respond to the developments and eliminate the misuse of new technologies, and the insufficiency of strategies, legislation and policies, are negatively impacting on human rights. Key words: human rights; digitalisation; cyber security; new technologies; e-governance; freedom of speech; free flow of information; digital rights
Big Brother in the Middle-East and North Africa: The expansion of imported surveillance technologies and their supportive legislation

(Global Campus of Human Rights, 2019) El-Ashy, Ola ; Maroni, Ilaria ; Mizyed, Hazem ; Nammar, Razan ; Al-Maskati, Mohammed

The article analyses digital surveillance companies and the possibilities that technology makes available to oppressive regimes: from monitoring centres facilitating mass surveillance on all telecommunications, to firewalls that filter what users can access, and spyware that tap into the information stored in any personal device connected to the internet. This grim picture of new technologies becomes significantly darker when taking into account the volume of this ‘international repression trade’ and the market value of surveillance companies operating in states self-identified as democracies. Key words: digital rights; surveillance; cyber-crime legislation; right to privacy; freedom of expression; national security; cyberwar; information technology; human rights defenders
Selected developments in human rights and democratisation during 2018: Could it have been worse? Mixed messages around democracy and human rights in the Asia Pacific

(Global Campus of Human Rights, 2019) Vyas, Ravi Prakash ; Hayes, Mike ; Kurniawan, Nanang Indra ; Bayo, Longgina Novadona

During 2018 the downward slide in human rights and democracy across the Asia Pacific region was slowed down, but not reversed. Many of the concerns gripping the region, such as the treatment of the Rohingya by the Myanmar state, the violence of the Duterte regime in the Philippines, and China’s cavalier attitude towards rights, remained shocking but did not worsen. In a few areas human rights or democracy improved. One shining light is the Malaysian election where the heavily corrupt governing party, which had been in power since Malaysia’s independence, was voted out. Even though the party controlled the media, manipulated the electoral system, and used a campaign of misinformation during the election, Malaysians bravely voted for a more democratic future. Across the region concerns have been raised about China’s increasing economic, political and military influence, but at the same time others have praised the development it has enabled. Global trends, such as the #metoo movement, the global conference on climate change, and the Global Migration Compact have had an impact on the region, but not enough to declare the region to be positively embracing these developments. All these factors show that there is a mixed response to human rights and democracy: The existence of serious violations and disturbing trends means that the region remains in an epoch where authoritarianism holds sway. The actions of these governments are open to condemnation by civil society and the possibility of a change in opinion about these actions. However, there is little evidence that this will happen in the near future. Key words: human rights; democratisation; Asia Pacific; Rohingya; Duterte regime; human rights in China; authoritarianism
The right to development and internet shutdowns: Assessing the role of information and communications technology in democratic development in Africa

(Global Campus of Human Rights, 2019) Nyokabi, Deborah ; Diallo, Naa ; Ntesang, Nozizwe W. ; White, Thomas ; Ilori, Tomiwa

The right to development is generally assessed as an all-inclusive right. It is regarded as a rallying right in which all other rights are mostly realised. The progressive nature of the right to development in realising other rights as a benchmark to a society’s development has become popular even beyond legal jurisprudence to include other qualitative fields of knowledge. The role played by information and communications technology in the realisation of this right has also been acknowledged, particularly in the digital age. However, this progress has not been even across regions in the world. While some regions have experienced a fast-paced development due to ICT, several countries in Africa have been held back due to unfavourable state and non-state policies that have had negative impacts on human rights and democratic development on the continent. This article assesses the impact of ICT on the right to development, particularly as a rallying right, and the way in which the internet, a major component of ICT, has affected the right. The article especially considers the effects of network disruptions on human rights and democratic development that have become rife in the region. This study finds that there have been several human rights violations through ICT by many state and non-state actors in Africa. Most importantly, the article finds that these violations impede the right to development and pose threats to democratic development in the region. A conclusion is based on these findings and proffers feasible solutions to resolve the challenges posed by these violations. Key words: right to development; Africa; information and communication technology; digital age; internet shutdowns; democratic development

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