Human Rights

Digital Solidarity and Human Rights: A Conversation with the Outgoing UN Independent Expert on Human Rights and International Solidarity

In July 2023, Prof Okafor presented a revised version of a document which has formed a key part of the mandate’s work since its establishment in 2005, namely the Draft Declaration on the Right to International Solidarity. This document defines international solidarity as ‘an expression of unity by which peoples and individuals enjoy the benefits of a peaceful, just and equitable international order, secure their human rights and ensure sustainable development’ (draft art 1(1)). It goes on to specify that both individuals and peoples have a right to international solidarity, meaning ‘a right of individuals and peoples to participate meaningfully in, contribute to and enjoy a social and international order in which all human rights and fundamental freedoms can be realized’ (draft art 4(1)). The Declaration outlines a number of corresponding duties, one of which is the state obligation to ‘to take steps within their respective capacities to facilitate the protection of actual and virtual spaces of communication, including access to the Internet and infrastructure, in order to enable individuals and peoples to share solidarity ideas’ (draft art 8(3)). In this post concluding the Special Symposium ‘You’re Not Alone: Normative Debates on (Digital) Solidarity in International Law and Policy’, we hear Prof Okafor’s reflections on a variety of themes concerning the intersection between the digital sphere, human rights and international solidarity in light of the above work and beyond.

At the Intersection of Climate Change, AI, and Human Rights Law: Towards a Solidarity-Based Approach (Part 2)

Across the world, public attention has increasingly turned towards two challenges of global proportions: the catastrophic and unequal impacts of climate change and the kinetic development and deployment of artificial intelligence (AI) technologies. Driven by an extractivist growth-oriented economic system with roots traceable to the colonial encounter, climate change has left the world teetering on the edge of ‘irreversible’ breakdown, with marginalised communities particularly impacted by its inequitably distributed and existentially destructive effects. At the same time, fuelled by the extraction of vast amounts of raw materials and data, AI technologies have ushered in intensified forms of surveillance, control, and discrimination dominated by a small number of large technology companies, which have accumulated forms of ‘structural power’ that enable them to influence and circumscribe how communities, corporations and States interact and relate with one another. Despite the intersecting nature of climate change and AI technologies, policymaking has tended to remain remarkably compartmentalised. The EU’s Digital Services package, for example, is notable for neglecting to expressly confront the environmental and sustainability concerns of digital platforms. Where intersections are acknowledged, the relationship is often perceived to be harmonious – with AI invoked as a technological saviour for society’s ecological challenges. While amendments to the EU’s proposed AI Act signal some movement towards confronting the environmental concerns of AI technologies, tensions between the two tend to be defined in narrow technical terms focused on energy costs.

At the Intersection of Climate Change, AI, and Human Rights Law: Towards a Solidarity-Based Approach (Part 1)

Across the world, public attention has increasingly turned towards two challenges of global proportions: the catastrophic and unequal impacts of climate change and the kinetic development and deployment of artificial intelligence (AI) technologies. Driven by an extractivist growth-oriented economic system with roots traceable to the colonial encounter, climate change has left the world teetering on the edge of ‘irreversible’ breakdown, with marginalised communities particularly impacted by its inequitably distributed and existentially destructive effects. At the same time, fuelled by the extraction of vast amounts of raw materials and data, AI technologies have ushered in intensified forms of surveillance, control, and discrimination dominated by a small number of large technology companies, which have accumulated forms of ‘structural power’ that enable them to influence and circumscribe how communities, corporations and States interact and relate with one another. Despite the intersecting nature of climate change and AI technologies, policymaking has tended to remain remarkably compartmentalised. The EU’s Digital Services package, for example, is notable for neglecting to expressly confront the environmental and sustainability concerns of digital platforms. Where intersections are acknowledged, the relationship is often perceived to be harmonious – with AI invoked as a technological saviour for society’s ecological challenges. While amendments to the EU’s proposed AI Act signal some movement towards confronting the environmental concerns of AI technologies, tensions between the two tend to be defined in narrow technical terms focused on energy costs.

Symposium Introduction: You’re Not Alone - Normative Debates on Digital Solidarity in International Law and Policy

Solidarity is an important principle that spans many areas of international law and policy such as human rights, trade, peace and security, criminal justice and environmental protection. In a landmark resolution, the UN Human Rights Council acknowledged that ‘[t]he same rights that people have offline must also be protected online’. This establishes a ‘normative equivalency’ between online and offline rights. Thus, for instance, the right to freedom of expression, safeguarded by Article 19 of the International Covenant on Civil and Political Rights (ICCPR), is equally valid for online expression. This normative equivalency applies to the enjoyment of other human rights, including solidarity rights.

US Suspends Four Countries from AGOA: Reassessing the Human Rights Trade Nexus

The US Government announced on October 30th that the Central African Republic (CAR), Gabon, Niger, and Uganda will be removed from the list of 35 sub-Saharan African (SSA) countries that are eligible for market access under the African Growth and Opportunity Act (AGOA). The announcement came on the eve of the 20th AGOA Forum in Johannesburg, South Africa, on the 2nd to 4th of November 2023. According to the US Government, CAR and Uganda have engaged in gross violations of internationally recognised human rights. This paper reflects on the decision, which is not the first by the Biden administration in the last few years. This paper argues that the recent decision by the US is an example of developed countries using trade incentives and sanctions to achieve their geopolitical interests in Sub-Saharan Africa (SSA) under the pretext of promoting human rights standards.

Book Review Symposium: Adopting a human-rights-based approach to Resource Governance

Dr. Oyeniyi Abe’s book, Implementing Business and Human Rights Norms in Africa: Law and Policy Intervention, is a timely intervention in the field of business and human rights. The book focuses on interpreting and implementing the United Nations Guiding Principles on Business and Human Rights (UNGPs) in Africa through legal and policy frameworks.

Book Review: Challenges and Prospects of Corporate Responsibility in Africa: Conversation with Oyeniyi Abe’s book on Business and Human Rights in Africa

The recently released book by Oyeniyi Abe: Implementing Business and Human Rights Norms in Africa (Routledge 2022) is a comprehensive analysis of human and environmental rights impact of business activities in Africa. The book discusses conceptual and practical issues arising in the Business and Human Rights (BHRs) landscape in Africa. Furthermore, the book contains instructive developments on competing theories on corporate international human rights obligations and the range of remedies available to rights holders and 'victims' of corporate misconduct. Even more, commanding is the author's choice to present in accessible manner case studies of Nigeria, Kenya, and South Africa.

The Impact of Cançado Trindade at the Inter-American Court of Human Rights: A Jus Gentium for the People

In this post, the author analyzes three individual opinions of judge Cançado Trindade as a judge of the Inter-American Court of Human Rights to assess the impact of his legal thought on the fight against impunity, the rights of Indigenous Peoples and social justice.

Speaking to the Future: Judge Antônio Augusto Cançado Trindade lasting impact on International Law

In this post, the author reflects on judge Cançado Trindade’s last separate opinion to an Order concerning the Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), of September 2020. This opinion provides an example of his views on the role of International Law and his believe that jus gentium must be at the service of the people. As a former judicial fellow of the International Court of Justice, the author presents a personal and powerful testimony of judge Cançado Trindade.