For the first time, the Inter-American Commission on Human Rights (IACHR) at the Organization of American States (OAS) granted a topic hearing in order to hear about the impact of the Internet on the defense and promotion of Human Rights.

Por Eduardo Bertoni (@ebertoni). *

As the organ charged with monitoring the respect and exercise of human rights within our continent, in its Period of Sessions –often held two or three times a year– the IACHR grants hearings on the most varied topics. As one can imagine, since there are many requests the granting of this hearing proved the intention of the IACHR to involve in the topic proposed by several organizations.

The request for the hearing, which was coordinated by the CELE (Center for Studies on Freedom of Expression and Access of Information) —Argentina—, was in fact the result of a collective task in which several organizations took part in, Derechos Digitales —Chile—, Fundación Karisma — Colombia—, Asociación para el Progreso de las Comunicaciones (APC) —international—, Centro de Tecnología y Sociedad de la Fundación Getulio Vargas —Brazil— and Asociación por los Derechos Civiles (ADC) —Argentina—; and which counted with the support of about twenty organizations of the region. The representatives of such organizations which had requested the hearing arrived in Washington DC, where the IACHR is based, and on October 28, 2014 at midday expressed our concerns for 45 minutes.

Why was this hearing so important? The answer was given before the IACHR and it was clear for us: since the Internet and the new technologies are a tool for the promotion and protection of human rights worldwide, it is essential that the Inter-American Human Rights System (IAHRS) is not excluded from worldwide discussions currently ongoing. In this regard, we highlighted that within the framework of the Universal System for the Protection of Human Rights debates concerning the connection between the Internet and human rights have been held for at least five years. Such situation can be evidenced by a number of statements and reports issued by the United Nations organs and specialists in the protection of human rights, including Resolutions adopted by the General Assembly (1), the United Nations Human Rights Council (2), reports of the Office of the High Commissioner for Human Rights (3), and reports of different Special Rapporteurs (4) as well as several non-governmental organizations dedicated to the protection of human rights regarding these topics (5).

However, regionally, only the Special Rapporteurship for Freedom of Expression spoke about the Internet phenomenon. It did so through joint statements with the United Nations Rapporteur, OSCE and/or the Special Rapporteur for Freedom of Expression in the African Commission on Human Rights in 2001 (6) 2005 (7) 2011 (8) 2012 (9) and 2013 (10) as well as in the report of December 2013. The contribution of the Rapporteurship has been very significant and we celebrate it. However, it is important to deepen debate in the IAHRS regarding the interaction between the Internet and other conventional rights, not only freedom of expression. The holding of the topic hearing was the ideal scenario to request the IACHR to approach debate concerning such issues with a double aim: on the one hand, to enquire about its own capabilities to promote and protect human rights in the digital age; and, on the other hand, to become an actor and referent in the defense and protection of human rights in this age.

In order to widen the agenda of the IAHRS, we suggested topics which ranged from the connection between the Internet and the rights to equality and to be free from discrimination, to the protection of the rights to privacy, to freedom of expression, to education and culture, and, finally, the importance of Internet access within the region in order to exercise all such fundamental rights.

To conclude, I consider I am not wrong when I state that the hearing has been considered an important step towards the recognition of the validity and importance of the Internet use inconnection to human rights.

* Eduardo Bertoni (@ebertoni). PhD in Law. Director of the Center for Studies on Freedom of Expression and Access of Information (CELE) at the Universidad de Palermo. Former Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights at the Organization of American States.

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1General Assembly of the United Nations, A/RES/68/167. 21 January 2014. Ressolution adopted by the General Assembly on 18 December 2013. 68/167. The right to privacy in the digital age.

2 United Nations Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet, A/HRC/26/L.24, 20 June 2014, available at http://daccessddsny.un.org/doc/UNDOC/LTD/G14/059/70/PDF/G1405970.pdf?OpenElement

3 See UN HRC, The Right to Privacy in the Digital Age, A/HRC/27/37 1 June 2014

4Frank La Rue, “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression”, A.HRC.17.27, http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf p. 4; Frank La Rue “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression”, A/66/290, August 2011; Frank La Rue, “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression,” A/HRC/23/40, 17 April 2013;

5 Written statement* submitted by Reporters Without Borders International, a non-governmental organization in special consultative status, A/HRC/24/NGO/63, September 2013

6 International MECHANISMS FOR PROMOTING FREEDOM OF EXPRESSION JOINT DECLARATION, 2001, available at http://www.oas.org/en/iachr/expression/showarticle.asp?artID=48&lID=1

7JOINT DECLARATION by the ACHPR Special Rapporteur for Freedom of Expression and the IACHR-OAS Special Rapporteur on Freedom of Expression, 2005 available at http://www.oas.org/en/iachr/expression/showarticle.asp?artID=394&lID=1

8 JOINT DECLARATION ON FREEDOM OF EXPRESSION AND THE INTERNET, The United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, 2011, available at http://www.oas.org/en/iachr/expression/showarticle.asp?artID=849&lID=1

9 JOINT DECLARATION by the UN Special Rapporteur for Freedom of Opinion and Expression and the IACHR-OAS Special Rapporteur on Freedom of Expression, 2012, available at http://www.oas.org/en/iachr/expression/showarticle.asp?artID=888&lID=1

10 JOINT DECLARATION ON THE PROTECTION OF FREEDOM OF EXPRESSION AND DIVERSITY IN THE DIGITAL TERRESTRIAL TRANSITION, The United Nations (UN) Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe (OSCE) Representative on Freedom of the Media, the Organization of American States (OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information, 2013 available at http://www.oas.org/en/iachr/expression/showarticle.asp?artID=921&lID=1. And JOINT DECLARATION ON SURVEILLANCE PROGRAMS AND THEIR IMPACT ON FREEDOM OF EXPRESSION, United Nations Special Rapporteur on the Protection and Promotion of the Right to Freedom of Opinion and Expression Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights, 2013, available at http://www.oas.org/en/iachr/expression/showarticle.asp?artID=926&lID=1
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