Side event – The UPR and New Emerging Technologies
On 8 October 2023, UPR Info and Access Now held a side event at the 54th session of the Human Rights Council (HRC) on the Universal Periodic Review (UPR) and New Emerging Technologies. Throughout the discussions, panelists reflected on the impacts of emerging technologies on human rights and the role of the UPR mechanism to enhance digital rights. The event, which took place in Geneva and online, featured panelists from various organizations and from different parts of the world, sharing their experiences and insights.
Human rights implications of new and emerging technologies
While emerging technologies provide various opportunities for different stakeholders, there are risks and threats including facial recognition used by law enforcement, or the use of biased Artificial Intelligence, that can impair the right to data privacy, particularly of already marginalized communities. There is a need to regulate the use of new technologies in different areas to ensure that both offline and online human rights can be equally respected, protected and promoted.
The expansion of the internet coverage is essential to close the digital divide, however, Marcelo Daher, from the Office of the High Commissioner for Human rights (OHCHR), notes that the continued use of systematic internet shutdowns and disruptions have an impact on human rights, as shown in last year’s report of OHCHR on this issue.
Anastasyia Zhyrmont, from Access Now, illustrated cases in which the use of internet shutdowns affects rights due to restricted access to essential goods and services in some countries. She expressed concern over the low number of UPR recommendations which explicitly relate to digital rights in the last 3 cycles of the UPR for Turkmenistan and Russia, and called on recommending States to make more specific recommendations concerning digital technologies to end harmful practices that impair digital rights.
Similarly, Adam Moneim, speaking on behalf of Sudan Archive, highlighted the effects of internet shutdowns and how this affects basic human rights such as the access to banking services, to meet daily needs and contact with loved ones. In addition, internet blocking also impacts the work of human rights defenders in gathering information about violations from open sources, prevents access to information, facilitates the disinformation of populations and complicates accountability.
The role of the UPR to advance digital rights
“The UPR mechanism is effective to enhance human rights, but we need to acknowledge the rapid changing nature of technology and think about how the UPR can catch up with that.”
While panelists emphasized UPR's potential to address digital rights, data from the UPR reveals a concerning lack of focus on digital rights in the recommendations. Therefore, it is crucial to find ways to improve this situation and enhance human rights in digital spaces.
Nighat Dad, representing the Digital Rights Foundation, and Guilherme Canela, from UNESCO, highlighted that due to the rapidly changing nature of new technologies, there is a need to find ways for the UPR to catch up with technological advances to enhance the protection of digital rights and human rights. Finally, Guilherme Canela also raised the question of how to integrate tech companies into the UPR process, as their activities have a direct impact on human rights. As the UPR moves forward, there is an opportunity for States to refine existing recommendations regarding digital technologies to improve their effectiveness and better protect the human rights of all in digital spaces.