A/HRC/29/37
or even the availability of facts. Individuals commit violations of the right to life not
because they believe it is justifiable, but because they believe they will not be called on to
justify themselves. That places a premium on fact-finding and evidence.
36.
Because of the expertise that fact-finding requires, the development of human rights
methodologies has hitherto gone hand in hand with the professionalization of human
rights.3 It has evolved over what has been characterized as three generations of
communities involved in international human rights monitoring, each with its own
methods. First, there was the systematic review of available information by a distinguished
group of lawyers on behalf of intergovernmental organizations; second, came the factfinding revolution, led by large international human rights non-governmental organizations
(NGOs), that dramatically broadened the field but remained attached to witness
interviewing, which offers first-hand and very detailed accounting, but which can be very
time consuming and vulnerable to interference and selection biases. Over time, the
methodology of the second generation was incorporated into the practices of the first
generation, including the special procedures of the Human Rights Council. Now, however,
the field is being transformed again by a diverse and growing array of digitally enabled
actors — the third generation —, including witnesses, monitors and activists, characterized
by greater flexibility of fact-finding methodology and output. 4 Each generation has
broadened the base of those who participate in human rights investigations. No generation
has invalidated earlier work, but it is important that each is able to draw on the strengths of
the others without compromising its own capacities.
37.
It has become clear that information and communications technologies (ICTs) — the
hardware and software that facilitate the production, transmission, reception, archiving and
storage of information — can play an increasing role in the protection of all human rights,
including the right to life. Information harnessed in this way can be used to secure
accountability, but the technology can also ensure visibility or mobilize support for persons
in immediate danger.
38.
In his daily work of identifying and assessing claims about unlawful killings, the
Special Rapporteur, like many others in the field, is increasingly dependent on information
mediated through technology. See, for example, the use of video material taken with cell
phones during the civil war in Sri Lanka to press both the State and the international
community for fuller investigation of the widespread violations of many human rights,
including the right to life, alleged to have occurred (A/HRC/17/28/Add.1). Similarly, in
preparing the report to the Human Rights Council on the safety of journalists, it became
clear how salient citizen journalists and civic media had become through their use of
technology to highlight and document violations around the world (A/HRC/20/22 and
Corr.1).
39.
Increasing digital capacity is greatly enhancing the ability of ordinary people to
participate in human rights monitoring. Digital ICTs create opportunities for pluralism that
can democratize the process of human rights fact-finding, as well as offer mechanisms of
social accountability that citizens can use to hold States and others to account.5 Social
media have created a wealth of opportunities for civilians to highlight human rights
violations that they have witnessed, often unmediated by formal intergovernmental or nongovernmental structures. This has far-reaching implications for the established power
3
4
5
6
Molly K. Land, “Networked activism”, Harvard Human Rights Journal, vol. 22 (2009), pp. 205–43.
Philip Alston “Introduction: third generation human rights fact-finding”, Proceedings of the Annual
Meeting of the American Society of International Law, vol. 107 (April 2013), pp. 61–62.
Molly K. Land and others, #ICT4HR: Information and Communication Technologies for Human
Rights (World Bank Institute, 2012).
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