UN: Brazil and Germany submit resolution on the right to privacy in the digital age

On Wednesday afternoon the draft resolution on the right to privacy in the digital age - was publicly put for consideration to the UN General Assembly (UNGA). It was introduced to UNGA’s Third Committee that deals with the human rights issues on November 1. Although no-binding kind of resolution, it will be put for vote at the UN General Assembly as well.

- UN without firm position

“The draft resolution on the Right to Privacy in the Digital Age is currently being tabled at the Third Committee and action is expected to be taken on it next week or within the next two weeks, once negotiations have been completed. As you understand, the President of the General Assembly has no position on the issue, as it is a matter being discussed by member states,” Afaf Konja, the spokesperson for the 68th Session of the United Nations General Assembly and its President John Ashe told AA. 

The German/Brazilian draft resolution obtained by AA  -- reaffirms the importance of the human rights and fundamental freedoms which are incorporated in the Universal Declaration of Human Rights and relevant international human rights treaties. With that -- it also endorses the purposes and principles of the Charter of the United Nations itself.

But, when asked does the UN Secretary General Mr. Ban Ki-moon would like to state his position on this issue and the draft resolution itself, Farhan Haq, the Associated spokesperson for the UN told AA, the UN chief will not do that.

Haq said the draft resolution is a question for member states to consider and evaluate it and should stay “in their hands.”

“The inviolability of diplomatic missions, including the United Nations and other international organizations has been well-established under international law.  Therefore, member states are expected to act accordingly to protect the inviolability of diplomatic missions,” Mr. Haq said.

- Diplomats against spying

The resolution also calls for respect of the Vienna Declaration and Program of Action from 1993 – which, among the other things deals with -- commitment of all states to fulfill their obligations to promote universal respect, observance and protection of all human rights and fundamental freedoms -- for all.

Although some experts say electronic spying at the United Nations is a “logical part of the worldwide espionage program” now said to be allegedly conducted by the US National Security Agency (NSA) – others said it is simply unacceptable.

“The resolution for prevention of spying within UN is timely. Nobody should spy on diplomats. They (diplomats) should be able to talk openly and freely. Spying belongs to somebody else not to diplomats. It is a serious stuff. Somebody can go to jail for it,'' senior Asian diplomat told AA. 

But, “judging by the widespread electronic surveillance by the US National Security Agency, there is nothing sacred in this world anymore,” said Thalif Deen, for more than three decades -- expert analyst on United Nations affairs.

Deen told AA, while spying between sovereign nations is primarily a bilateral issue, the surveillance of United Nations is unacceptable: “To say the least - whether it is the Americans, the French, the Brits, the Chinese or the Russians - the surveillance of an international organization such as the United Nations is deplorable”

- The realities of modern world

The draft resolution also recognizes the reality of modern world with the rapid technological development. The modern technology “enhances the capacity of governments, companies and individuals for surveillance, interception and data collection, which may violate human rights, in particular the right to privacy.”

This is, as the resolution notes – “an issue of increasing concern.”

It is against law and contrary to the clear provisions on respect for human rights enshrined in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights.

Individuals should “not to be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, and the right to enjoy protection of the law against such interferences and attacks,” the resolution requires.

It also recognizes that the right to privacy is “an essential requirement for the realization of the right to freedom of expression and to hold opinions without interference, and one of the foundations of a democratic society.”

- No roll call names

But, beside clear language of what is right and what is wrong -- looking through the prism of human rights resolution miss to finger point those responsible for violations of human rights:

“The US has apparently told the UN that it will no longer spy on the world body. But it has to pay the price of condemnation by the General Assembly. Unfortunately, an upcoming politically-weak GA resolution condemns electronic surveillance, but refuses to announce names,” Thalif Deen said.

The resolution even explains that the “concerns about public security may justify the gathering and protection of certain sensitive information,” but states must be in full compliance with international human rights law.

“States must ensure that measures taken to counter terrorism comply with international law, in particular international human rights, refugee and humanitarian law,” the resolution notes.

The resolution concludes with a call for action, calling upon UN member states to fully respect and protect the human rights when it comes to digital communication. It also requires all states to take measures to put an end to this practice.

- Final report in 2015 and new facts

States should review their procedures, practices and legislation regarding the surveillance and ensure the full and “effective implementation” of all their obligations under international human rights law.

The resolution also suggests that the UN member states should establish independent national oversight mechanisms capable of providing transparency and accountability of state surveillance of communications.

According to the resolution -- the UN High Commissioner for Human Rights is required to present an interim report on these issues to the General Assembly at its sixty-ninth session in September 2014, with its final report at its seventieth session of UNGA in the fall of 2015.

The UN Human right body – may have to deal with -- by then well established fact that many countries and not just the USA spied on each other.

“The resolution does not identify any countries by name for two reasons: political pressure, and more importantly, since other big powers have also been accused of spying on the UN, including the UK (Britain) and the former Soviet Union, a valid argument would be to either name all -- or none,” Thalif Deen told AA.

By Erol Avdovic - Anadolu Agency

englishnews@aa.com.tr