A/HRC/41/41
I. Introduction
1.
The present report is submitted to the Human Rights Council at its forty-first session
by the Special Rapporteur on the rights to freedom of peaceful assembly and of association,
pursuant to Human Rights Council resolutions 15/21 and 32/32. In section II, the Special
Rapporteur provides an account of some of his activities since his presentation of his report
to the Human Rights Council on 18 June 2018. In sections III and IV, he addresses the
exercise of the rights to freedom of peaceful assembly and of association in the digital age.
The conclusions and recommendations are detailed in section V.
2.
The digital age has opened new space for the enjoyment of the rights to freedom of
peaceful assembly and of association. There are numerous examples across the globe which
demonstrate the power of digital technology in the hands of people looking to come
together to advance democracy, peace and development. However, the digital revolution
has also brought a range of new risks and threats to these fundamental rights.
3.
The Special Rapporteur has observed how, over the past decade, States have used
technology to silence, surveil and harass dissidents, political opposition, human rights
defenders, activists and protesters, and to manipulate public opinion. Governments are
ordering Internet shutdowns more frequently, as well as blocking websites and platforms
ahead of critical democratic moments such as elections and protests. A surge in legislation
and policies aimed at combating cybercrime has also opened the door to punishing and
surveilling activists and protesters in many countries around the world. While the role that
technology can play in promoting terrorism, inciting violence and manipulating elections is
a genuine and serious global concern, such threats are often used as a pretext to push back
against the new digital civil society.
4.
Meanwhile, dominant online platforms such as Facebook, Twitter and YouTube
have become the gatekeepers to people’s ability to enjoy the rights of peaceful assembly
and of association, wielding enormous power over whether individuals and civil society
actors can access and participate in the democratic space.
5.
The opportunities and threats that digital technologies present to the exercise of
freedom of assembly and of association will increase as emerging technologies – including
the Internet of Things and artificial intelligence – develop and become more common.
Building on reports authored by other relevant special procedure mandate holders, 1 the
Special Rapporteur seeks in the present report to provide guidance on how to best preserve
and maximize the opportunities that these technologies bring while addressing their risks.
The present report is not intended to be exhaustive. Rather, it aims at presenting an initial
overview of the most pressing challenges, which will be further addressed in future reports
and communications.
6.
During the drafting of the present report, the Special Rapporteur benefited from a
public process of input and consultations. On November 2018, he issued a call for inputs
for the report. As at the date of publication of the report, 10 submissions from civil society
organizations, 2 submissions from digital technology companies and 2 submissions from
governments had been received. The Special Rapporteur convened an expert meeting in
Geneva on 11 and 12 October 2018. He also held regional consultations with civil society
organizations in Bangkok (21 December 2018), Beirut (18 January 2019) and Mexico City
(24 and 25 January 2019), in Silicon Valley, California, United States of America (27–30
January 2019), and in Nairobi (21 and 22 February 2019). He held meetings with experts in
Copenhagen (6 March 2019) and convened a consultation with governments in Geneva (20
March 2019). In addition, a joint consultation with the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression, David Kaye, was held on
18 and 19 December 2018 in Bangkok.
1
2
See, for example, A/HRC/17/27, A/71/373, A/HRC/23/40 and A/HRC/38/47.