IRPC Human Rights Law and the Global Digital Compact | IGF 2023 #24

Knowledge Graph of Debate

Session report

Helani Galpaya

The Global Digital Compact (GDC) is receiving positive feedback for its consistent reference to human rights. However, there is a lack of clarity on how the guiding principles on business and human rights will be implemented within the GDC framework. The non-binding and voluntary nature of these principles has resulted in little visibility on the implementation process.

Furthermore, stakeholders are not effectively brought together in the GDC discussions, hindering progress. Different stakeholder groups, such as businesses and civil societies, have been talking separately rather than engaging in meaningful dialogue. The current draft of the synthesized document does not facilitate interaction between these stakeholder groups, exacerbating the issue.

The GDC and the multilateral system also fall short in holding nations accountable for human rights violations. Private companies and state mechanisms are identified as major violators of human rights, and rogue nations are not adequately held accountable for hindering tax negotiations and censoring the internet. This lack of accountability undermines the effectiveness of the GDC and the wider multilateral system in ensuring peace, justice, and strong institutions.

On a positive note, the GDC recognises the interrelation between human rights and socio-economic rights. It highlights that the type of human rights one can engage in depends on socio-economic power. This understanding helps address the issue of inequality and promotes a more holistic approach to human rights.

However, there is a stark divergence between the vision of the GDC and the reality on the ground. Proposed laws and regulations are being introduced that fundamentally hinder rights, despite ongoing GDC discussions. There is a rush to enact these laws, resulting in violations of rights. This inconsistency undermines the credibility and impact of the GDC.

The responsibility for internet usage lies with all actors in the value chain, including consumers. The GDC emphasises the need for educational measures to teach civic responsibility online and to change behaviours. It draws on the example of the environmental protection movement, which has successfully ingrained responsibilities into society. This reinforces the importance of individual responsibility in ensuring a safe and inclusive digital space.

Furthermore, it is vital to teach internet users, especially young ones, about their responsibilities and appropriate civic behaviours online. The permeation and unintentional reach of ideas on the internet highlight the need for individuals to be cautious and mindful of their actions and words online.

Notably, the consultation process for the GDC is considered inclusive compared to other global processes. However, it is acknowledged that this inclusivity is inherently imperfect. Consultation processes often tend to be dominated by privileged individuals, limiting diverse perspectives and hindering the effectiveness of the GDC.

Ground-level action by local agents is seen as essential after the development of a suitable Global Digital Compact. It is important to ensure that nations develop policies that align with the GDC post-formation. This implementation is crucial for translating the principles and objectives of the GDC into tangible actions and outcomes.

In conclusion, while the Global Digital Compact shows promise in its commitment to human rights and the recognition of interrelated socio-economic rights, there are significant challenges that need to be addressed. The lack of clarity on implementation, insufficient stakeholder engagement, and the failure to hold nations accountable for violations all weaken the effectiveness of the GDC. Nonetheless, the responsibility for internet usage lies with all actors, and teaching individuals about their responsibilities online is vital. The consultation process for the GDC is relatively inclusive but can still be improved. Ground-level action is crucial for translating the GDC into meaningful policies and outcomes.

Moderator – Raashi Saxena

The Global Digital Compact (GDC) is a collaborative effort between the United Nations, governments, and civil society to address the issue of technology avoidance in relation to the Sustainable Development Goals (SDGs). This multi-stakeholder approach aims to bring together various actors to find innovative digital solutions.

The International Rights and Policy Coalition (IRPC) plays a significant role in the GDC, particularly in addressing the gaps of digital inclusion and connectivity for marginalized groups. The IRPC focuses on fostering public and political participation for women, migrants, and refugees. By prioritising digital inclusion, the IRPC aims to reduce inequalities and promote SDG 10 – Reduced Inequalities.

Equating offline and online human rights is crucial, especially concerning freedom of expression, information, and net neutrality. The recognition of these fundamental rights in the digital realm contributes to SDG 16 – Peace, Justice, and Strong Institutions. The goal is to ensure that individuals have the same rights and protections both offline and online.

Artificial Intelligence (AI) has a significant impact on various sectors, including financial services and public health. The use of AI in recruitment processes raises concerns about privacy and security. Additionally, the development of synthetic media and deepfakes poses challenges in terms of trust and authenticity. The implications of AI on SDG 3 – Good Health and Wellbeing and SDG 8 – Decent Work and Economic Growth need to be carefully considered.

The European Union (EU) Coalition on Internet Governance actively encourages partnerships and youth involvement. They have a partnership with the Youth Coalition on Internet Governance and encourage young people to participate and find opportunities through their email list. This commitment to collaboration and youth engagement aligns with SDG 17 – Partnerships for the Goals and SDG 9 – Industry, Innovation, and Infrastructure.

In the context of Raashi Saxena’s event, active audience participation is encouraged through group activities. The audience will be divided into groups of four or five, promoting interaction and engagement. This approach creates an inclusive environment that allows participants to exchange ideas and perspectives.

Overall, the GDC, IRPC, the recognition of offline and online human rights, the implications of AI, the EU Coalition on Internet Governance, and Raashi Saxena’s audience activities all contribute to advancing the SDGs and fostering a more inclusive and innovative digital future.

Moderator – Santosh Babu Sigdel

The Dynamic Coalition on Internet Rights and Principles (DCIRP) is actively working towards ensuring that human rights are effectively upheld in the online space. They have developed a charter on Human Rights and Principles, which has been translated into multiple languages to engage stakeholders on both regional and national levels. Their efforts have resulted in the availability of the charter in 28 languages, allowing for broader accessibility and understanding of human rights in the context of the internet.

The IRPC (Internet Rights and Principles Coalition) advocates for a rights-based approach to internet frameworks. They have been actively involved in various international forums, such as EuroDIG in Finland and the UNESCO Conference in France, as well as the Internet Governance Forum (IGF). Through their engagement with organizations and volunteers, they have raised awareness about digital rights and have collaborated with various organizations to promote the rights-based approach.

The importance of collaborating with local individuals in the translation process is emphasized by both the DCIRP and IRPC. They highlight the need for human awareness and discretion in using accurate and contextually relevant translations. Local stakeholders discussing and reviewing drafts among themselves helps ensure accuracy and maintain the integrity of the translated content.

Furthermore, the translation of the charter goes beyond language alone; it also aims to build local capacity. Participants are engaged with both the language and the concepts presented in the charter, contributing to a deeper understanding and broader adoption of the Human Rights and Principles it encompasses. This approach promotes inclusivity and empowers local communities to actively participate in the enforcement of these principles.

However, the regulation of misinformation and disinformation online can pose a significant challenge to freedom of speech. Governments may use the idea of responsibility as a pretext to control and restrict legitimate expressions, discussions, and the spread of information. Striking a balance between protecting the public from harmful misinformation and disinformation while safeguarding the fundamental right to freedom of speech and expression is important.

In South Asian countries, including Nepal, there have been attempts by governments to impose internet regulations under the guise of responsibility. Such actions raise concerns regarding the potential erosion of freedom of speech and expression, highlighting the need to be vigilant and ensure the preservation of these fundamental rights.

The Global Digital Compact (GDC) is an initiative started by the United Nations in 2021 to address digital challenges and promote peace, justice, and strong institutions. However, there is a lack of awareness about the GDC in South Asia and other developing countries. This lack of awareness poses a challenge to the enforceability and effectiveness of the GDC. Broad stakeholder participation is crucial in the design process of the GDC, but stakeholders in South Asia and other developing countries are often not adequately informed about the initiative. An all-inclusive approach that incorporates the perspectives and insights of stakeholders from diverse regions and backgrounds is essential for the GDC to have a meaningful impact.

In conclusion, the work of the DCIRP and IRPC in promoting and upholding human rights in the online space is commendable. Their efforts encompass translation, awareness-raising, capacity-building, and engaging stakeholders to ensure a rights-based approach in internet frameworks. Challenges remain in striking a balance between regulating misinformation and preserving freedom of speech, as well as raising awareness about initiatives such as the Global Digital Compact. Building collaborations and inclusivity in these efforts are important for addressing these challenges and achieving a more equitable and rights-centric digital landscape.

Audience

During the discussion on internet governance and digital rights, various topics were explored. Piu, a member of the EU Coalition on Internet Governance, expressed interest in getting involved in the dynamic coalition and highlighted the importance of young people’s participation in updating chapters and providing translation. This emphasises the need to include diverse perspectives in shaping internet governance policies.

The debate about freedom of expression, both online and offline, raised important considerations about finding a balance between regulation and protecting free expression. The principles of legitimacy, necessity, and proportionality were identified as essential factors in ensuring that governments do not overstep their boundaries when regulating online content. This argument acknowledges the importance of safeguarding both freedom of expression and preventing harm.

Another crucial aspect discussed was the need for a clear delineation of responsibilities between states, businesses, and stakeholders in the online environment. Each stakeholder was recognised as having a role in balancing freedom of expression with the prevention of the spread of harmful content. This underscores the significance of collaboration and cooperation among different actors to maintain a safe and open digital space.

Recognizing the potential of technology to be inclusive for individuals with disabilities, the speakers appreciated the advancements that can create more accessible spaces and opportunities. However, they also highlighted challenges such as regional variations in sign language and the continued struggle for internet accessibility for individuals with hearing impairments. This highlights the ongoing work required to bridge these gaps and ensure true inclusivity in the digital realm.

Elevating community involvement and empowerment emerged as a key theme in the discussion. The voices of people with disabilities often face barriers in being heard, and existing systems can hinder their active participation and expression of needs and opinions. The speakers highlighted the importance of fostering a supportive environment that uplifts and amplifies the voices of individuals with disabilities, advocating for inclusive design, technological advancement, and increased public participation.

The participants also examined the rights of children in the context of the internet, acknowledging both the positive and negative aspects of their exposure online. The need for careful monitoring and regulation to protect children’s cognitive development was emphasized, as unrestricted internet access can have detrimental effects. Additionally, there was a call for stronger mechanisms to prevent exploitation and abuse of children online, as they are often more vulnerable in the digital environment than in the physical world.

The Global Digital Certificate (GDC) solution and its connection to human rights were questioned during the discussion. The participants observed that none of the group members had considered the GDC solution from a human rights perspective. This raises concerns about the potential implications of implementing a global digital certificate system and highlights the importance of assessing its compatibility with fundamental rights and freedoms.

The speakers also criticized government-imposed internet shutdowns as a breach of digital rights. They argued that strong legislation at the national level is necessary to effectively enforce digital rights. The absence of nation-specific legislation was identified as a significant obstacle to protecting and upholding these rights.

To safeguard digital rights, the participants proposed strategic litigation as an effective approach. By utilizing existing rights such as the right to privacy and the right to access information, individuals and organizations can challenge government actions that infringe upon these rights. This highlights the importance of legal strategies and creative approaches in upholding and defending digital rights.

In conclusion, the discussion on internet governance and digital rights delved into various aspects, including the involvement of different stakeholders, the balance between regulation and free expression, the inclusivity of technology for individuals with disabilities, the protection of children’s rights online, and the legal considerations surrounding digital rights. The exploration of these topics provides valuable insights into the complexities and challenges of governing the digital realm while upholding fundamental rights and ensuring inclusivity for all.

Vint Cerf

Vint Cerf, a prominent figure in the field of technology, highlights the importance of considering human responsibilities alongside human rights in the online environment. He argues that online users and providers should be well-informed about their responsibilities and actively fulfil them. Cerf’s stance suggests a shift towards a more holistic approach in creating a safe and responsible online space.

The concept of the social contract, as proposed by philosopher Jean-Jacques Rousseau, is also brought into the discussion. According to Rousseau, individuals agree to relinquish certain freedoms in exchange for the protection of their remaining rights. This notion emphasizes the understanding that, as we enjoy certain rights, we also hold responsibilities for the well-being and security of others.

The correlation between rights and responsibilities is another crucial aspect highlighted in the analysis. It is important to acknowledge that while we demand our rights to be respected, it is also important to recognize and fulfill our responsibilities towards others. This recognition helps establish a balanced and harmonious relationship between individuals and society.

Additionally, the mention of norms as behavior patterns taught by society without the need for enforcement offers an interesting perspective. Norms play a significant role in shaping our understanding of responsibilities and guiding our actions within a social setting. They provide a framework for acceptable behavior and assist in fostering cooperation and cohesion within communities.

In conclusion, the analysis reveals an increasing recognition of the importance of human responsibilities alongside human rights, particularly in the online environment. Vint Cerf’s standpoint, along with the concepts of the social contract and the correlation between rights and responsibilities, encourages individuals to be more aware of their obligations and to contribute to the creation of a responsible and ethical digital space. By understanding and fulfilling our responsibilities, we can build a more inclusive and harmonious society, both online and offline.

Wolfgang Benedek

Wolfgang Benedek raises concerns regarding the Global Digital Compact (GDC) and its effectiveness in advancing human rights. Benedek questions the value added by the GDC in terms of progress towards the rights enshrined in the charter and its implementation.

One of Benedek’s main points is the lack of enforcement within the GDC. Despite the commitments made within the compact, Benedek highlights a lack of genuine and effective measures to ensure compliance. This lack of enforcement undermines the potential impact of the GDC in promoting and protecting human rights in the digital sphere.

Furthermore, Benedek emphasizes the challenge of reaching agreement within the GDC. He suggests that the difficulties in achieving consensus on crucial issues hinder substantial progress towards the goals outlined in the charter. This lack of agreement may result from differing perspectives and priorities among the stakeholders involved.

Through these criticisms, Benedek highlights the need for improvements in the implementation and effectiveness of the GDC. His concerns underscore the importance of meaningful enforcement mechanisms and a more inclusive and collaborative decision-making approach. By addressing these issues, the GDC can enhance its ability to promote and uphold digital human rights.

In conclusion, Wolfgang Benedek questions the value of the Global Digital Compact’s progress towards human rights, focusing on two key areas: the lack of enforcement and the challenges of reaching agreement. These criticisms highlight the need for improvements in the implementation and effectiveness of the GDC. By addressing these concerns, the GDC can play a stronger role in advancing human rights in the digital age.

Dennis Redeker

During the conference on internet governance and the Global Digital Compact (GDC), several topics were discussed by the speakers. One important development was the translation of the 10 Principles document of the charter into Japanese by the Dynamic Coalition for the IGF conference in Japan. The aim of this translation was to generate more interest among Japanese stakeholders and promote wider adoption of the Charter. As a next step, a task force is being set up to translate the entire Charter into Japanese, and they are inviting individuals with knowledge in internet governance or international law, or ideally both, to join this initiative.

Additionally, a survey revealed that the majority of internet users believe that technical experts should have the most influence when shaping the GDC. However, this perception doesn’t align with reality. According to the survey, businesses are perceived to have more influence than necessary, while national governments and academics are perceived to have less influence. This highlights the need for more public consultation and input in shaping the GDC, with less reliance on traditional powerholders. It is essential to seek the opinions of citizens, NGOs, and academics to ensure a more inclusive and representative digital governance framework.

The Internet Rights and Principles Coalition (IRPC) plays a significant role in the translation of their charter into different languages. They collaborate with various partners, including universities and student groups, to facilitate the translation process. This not only creates a valuable resource for the community but also helps students gain a better understanding of the implications and context of the charter in their own language. This collaborative effort in translating the charter into different languages provides an instructive experience for students and translators.

Dennis Redeker, an organizer at the conference, is facilitating a group discussion activity to promote engagement and a deeper understanding of the charter. The activity involves grouping audience members and allowing them to discuss specific articles of the charter. Participants are encouraged to choose an article of interest and consider potential challenges that may arise in the next 10 years regarding the associated rights. The aim is to find ways in which the Global Digital Compact can effectively address these challenges.

Dennis Redeker emphasizes the importance of continuing discussions on the relevance of the charter articles not only in the present but also in the future. He encourages participants to share copies of the principles with friends who may be interested, thus spreading awareness about the charter and its importance.

In conclusion, the conference on internet governance and the Global Digital Compact addressed various topics, including the translation of the charter into Japanese, the perception versus reality of stakeholder influence, the role of collaboration in translation efforts, and the need for public consultation. The group discussion activity led by Dennis Redeker aimed to foster engagement and explore challenges and solutions regarding the charter. Overall, it highlighted the significance of inclusive and representative digital governance for a more equitable and sustainable future.

Speakers