A/HRC/44/24
50.
Any restriction on peaceful assembly must have a basis in law, be necessary to
achieve one of the permissible aims and be proportionate. Furthermore, restrictions
must not involve discrimination on any ground. In addition, more effort is needed from
States to ensure accountability for human rights violations and abuses in the context of
assemblies, and all victims should have access to a remedy.
51.
New technologies can be enablers for the exercise of the right of peaceful
assembly and related rights by facilitating mobilization for and the organization of
protests. Such technologies may enable the holding of assemblies online and may
facilitate and enhance the involvement and participation of those often marginalized.
ICT can also support the proper management of assemblies and increase transparency
and accountability.
52.
At the same time, new technologies bring considerable risks to those wishing to
engage in peaceful assemblies, including the potential use of such technologies to surveil
or crack down on protesters, leading to human rights violations. These new technologies
are being developed at a rapid pace and the recourse to them by States is becoming
more common. They are often deployed without the application by States or companies
of human rights due diligence and in the absence of a regulatory framework that is in
line with human rights norms and standards. As a result, surveillance spreads, online
civic space is reduced and a chilling effect on the right of peaceful assembly ensues.
53.
In this context, the High Commissioner recommends that States:
Internet-based technologies as enablers
(a)
Close the digital divide and secure affordable Internet access for the
greatest number of people in order to increase the use of Internet-based technologies as
enablers and facilitators for the exercise of human rights in the context of assemblies;
Network shutdowns
(b)
Avoid resorting to disruptions and shutdowns of Internet or
telecommunications networks at all times and particularly during assemblies, including
those taking place in electoral contexts and during times of unrest;
(c)
Repeal or amend, as appropriate, laws and policies that permit such
network disruptions and shutdowns, and refrain from adopting any such laws and
policies in the future;
Surveillance
(d)
Ensure that any interference with the right to privacy, including by
communications surveillance and intelligence-sharing, complies with international
human rights law, including the principles of legality, necessity and proportionality;
(e)
Promote and protect strong encryption and anonymity options online, and
ensure that laws provide for judicial supervision for any lifting of anonymity;
(f)
Prohibit the use of surveillance techniques for the indiscriminate and
untargeted surveillance of those exercising the right of peaceful assembly and
association, both in physical spaces and online, and ensure that targeted surveillance
measures are authorized only when there is reasonable suspicion that a particular
individual has committed or is committing a criminal offence, or is engaged in acts
amounting to a specific threat to national security;
(g)
Ensure that an assessment of the risk of human rights violations and
abuses facilitated by surveillance technology is a key factor in decisions on export
licences;
Facial recognition technology
(h)
Never use facial recognition technology to identify those peacefully
participating in an assembly;
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