A/HRC/47/24/Add.2
I. Introduction
1.
In 2019, the Special Rapporteur presented to the Human Rights Council a thematic
report examining the intersection between digital technologies and the enjoyment of the
rights to freedom of peaceful assembly and of association. 1 While the report recognized that
digital technologies have expanded opportunities for the enjoyment and exercise of peaceful
assembly and association rights, it also raised concerns about the use of these technologies
by state and non-state actors “to silence, surveil and harass dissidents, political opposition,
human rights defenders, activists and protesters.” 2
2.
Crucially, the report expressed alarm at the rise of internet shutdowns during critical
democratic moments such as elections and peaceful protests and their harmful impacts. The
report observed that these measures are a violation of the right to peaceful assembly provided
for in Article 21 of the International Covenant on Civil and Political Rights and can never be
considered a lawful restriction of this fundamental freedom.3 It emphasized that “access to
Internet and mobile telephony services should be maintained at all times, including during
times of civil unrest. Access to and use of digital technologies during elections for assembly
and association purposes should be specially respected, protected and promoted.”4 The report
called on States to “refrain from, and cease, measures such as cutting off access to the Internet
and telecommunications services.” It recommended “repealing and amending any laws and
policies that allow network disruptions and shutdowns and refraining from adopting such
laws and policies.”5
3.
Since the report was submitted to the Human Rights Council, the Special Rapporteur
has strived to promote the implementation of its recommendations, engaging with
governments, civil society organizations and other key stakeholders. He issued several
communications and press releases condemning shutdowns in countries around the world
and participated in several public events raising concern about the troubling trend. He
engaged on this issue with government authorities of Zimbabwe 6 and Sri Lanka7 during his
official visits to those countries. He also joined the international human rights community to
ensure the United Nations speaks more clearly about these practices, including their impact
on human rights during the Covid-19 pandemic.8 For example, he worked with governments
and civil society to ensure the 2020 Human Rights Council resolution 9 on human rights in
the context of peaceful protests adopted stronger language against shutdowns. The Special
Rapporteur engaged with the UN Human Rights Committee, as it developed general
comment No. 37 on the right to peaceful assembly, to ensure the general comment included
clear standards on the use of internet shutdowns relating to peaceful assemblies.
4.
Notwithstanding the progress made, many States around the world have continued to
hinder connectivity and impose internet shutdowns with the aim of clamping down on
peaceful protests. Shutdowns have become an entrenched practice in certain regions,
especially as a means for incumbent regimes to retain power and stifle dissent. Shutdowns
are lasting longer, becoming harder to detect and targeting particular social media and
messaging applications and specific localities and communities. Shutdowns have continued
during the COVID-19 pandemic, impeding people’s ability to access essential services
during the ongoing health crisis and intensifying the closing of civic space around the world.
Particularly in countries that have responded to the pandemic with a national militaristic
approach,10 these shutdowns have been adopted alongside other repressive tactics, including
the criminalization of journalists and human rights defenders.
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2
A/HRC/41/41.
A/HRC/41/41, para. 3.
A/HRC/41/41, para 52.
A/HRC/41/41, para. 74.
A/HRC/41/41, para. 73, b).
A/HRC/44/50/Add.2, paras. 57 and 58.
A/HRC/44/50/Add.1, paras. 80 and 81.
See, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25788&LangID=E.
Human Rights Council resolution 44/20 of 23 July 2020.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25788&LangID=E and