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52nd Session of the Human Rights Council Item 3
Interactive Dialogue with the Special Rapporteur on the promotion and protection of human rights while countering terrorism
14 March 2023
Delivered by Anna Oosterlinck, Head of UN, ARTICLE 19
Mr. President,
Madam Special Rapporteur,
ARTICLE 19 welcomes the excellent report by the Special Rapporteur on the promotion and protection of human rights while countering terrorism on the human rights implications of new technologies in the context of counter-terrorism.
Human rights belong at the heart of all Counter-Terrorism efforts, or these efforts risk exacerbating
the very conditions conducive to terrorism or becoming sources of rights violations themselves.
ARTICLE 19 echoes the report’s concerns on how counter-terrorism and security frequently serve as
political and legal justifications to use high-risk and highly intrusive technologies – often with the
promise of limited application. However, in reality these technologies are broadly used, without adequate human rights or rule of law safeguards. Human rights experts should be able to participate in crafting
technology governance in companies and in governments. States need to ensure that in the development, use, governance, and
transfer of 'these technologies, actors strictly comply with key rights such as freedom of expression,
privacy
and data protection, equality and non-discrimination. In addition, State regulation needs to require
access to
effective remedies, transparency, accountability, and human rights protection, including through impact assessments. Regarding privately developed surveillance tools, ARTICLE 19 calls for an immediate
moratorium on the
export, sale, transfer, use or servicing of these tools until a human rights’ compliant safeguarding regime
is in place.
Finally, ARTICLE 19 raises specific concern with the abuse of national security and counter-terrorism
laws to
restrict freedom of expression in Hong Kong where, for example, Apple Daily publisher and pro-
democracy
activist Jimmy Lai faces life in prison for ‘collusion with foreign forces’ charges under the National
Security
Law.
Thank you.
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