Session
Organizer 1: Peter Micek, Access Now
Organizer 2: Farzaneh Badiei, Digital Medusa
Speaker 1: Laura O'Brien, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Berhan Taye, Civil Society, African Group
Speaker 3: Farzaneh Badiei, Civil Society, Asia-Pacific Group
Speaker 4: Marlena Wisniak, Civil Society, Western European and Others Group (WEOG)
Peter Micek, Civil Society, Western European and Others Group (WEOG)
Farzaneh Badiei, Civil Society, Asia-Pacific Group
Peter Micek, Civil Society, Western European and Others Group (WEOG)
Round Table - Circle - 60 Min
Should companies have a responsibility to conduct heightened corporate due diligence in times of crisis, and what would that require in practice?
How does international humanitarian law intersect with international human rights law in the context of conflict, and what are the implications for technology companies and internet governance bodies?
What responsibilities are specific to tech companies, especially algorithmic-driven platforms, compared to other private sector actors, in times of crisis?
How should companies engage and interact with conflicting parties and what measures should they take regarding parties that use their platforms in the commission of war crimes?
How can companies and internet governance bodies work with civil society and states to understand state sanctions, navigate rules, and shape their practices to protect human rights while promoting connectivity and access to ICTs?
Connection with previous Messages: The session intends to build upon the messages and key takeaways from last year’s IGF, particularly universal access and meaningful connectivity and economic and social inclusion and human rights. By centering the discussion on vulnerable and marginalized communities – particularly in times of crisis – the session will build upon previous discussions on “the joint responsibility to ensure that digital transformation processes are diverse, inclusive, democratic and sustainable” whilst narrowing in on defining “the concept of meaningful access” and connectivity.
5. Gender Equality
9. Industry, Innovation and Infrastructure
9.c
16. Peace, Justice and Strong Institutions
16.7
16.a
17.6
Targets: SDG 5: gender equality– women and gender non-binary persons are disproportionately impacted by inadequate corporate due diligence in terms of crisis, not least because they are often the target of violence during a war or crisis (including gender-based and sexual violence). Women who have intersecting identity characteristics, such as racialized women; those from religious minorities; transwomen, queer and non binary persons; disabled women; girls, and those of lower socio-economic status, are furthermore disproportionately at risk of harm. These risks are especially acute for women from the Global South. Corporate human rights due diligence that adequately considers the unique social, political and cultural contexts in which the crisis occurs – often within patriarchal environments – is urgently needed.
SDG 9.c encourages stakeholders to strive to connect all those in least developed countries to the internet. Many human rights and humanitarian crises have occurred in such countries in recent years, while technology companies and internet governance bodies both reach out to grow their markets and build capacity of institutions and people in LDCs. Greater due diligence in LDCs is needed to ensure human rights are safeguarded amidst connectivity efforts.
SDG 16. Peace, Justice and Strong Institutions, and subtargets 16.7 and 16.a, are all strengthened by greater internet access, as responsive decision-making by policymakers, and increased access to information, assist in justice and accountability efforts and the construction of democratic institutions. But likewise, the capacity for the internet to tear down such institutions, through disseminating disinformation and driving division, must be checked, including through due diligence.
Finally, SDG 17.6 is addressed through the consultation processes inherent in robust due diligence. Such outreach will enhance knowledge sharing between global north and south communities and institutions, including through improved coordination in existing processes at the UN (which is developing its own human rights due diligence policies and tools at the moment).
Description:
This session explores the role of human rights due diligence in assisting technology companies and internet governance bodies to prepare for and mitigate harm during times of crisis and conflict. Focused on vulnerable and marginalized communities, and occuring during the 20th anniversary of the Durban Declaration and Programme of Action on racism, racial discrimination, xenophobia, and related intolerance, this session aims to situate a lively discussion within a broader framework of efforts to advance human rights, development, and peace and security through internet connectivity and access to ICTs.
Looking back, we see a constructive bid in the Durban Declaration for a technology sector that achieves civic and democratic values, like the “equitable participation of all, without any discrimination, in domestic as well as global decision-making,” while also addressing adverse trends, such as “the dissemination through modern communication technologies of ideas based on the notion of racial superiority.” Recommendations in the Programme of Action, like requesting “industry and Internet providers, to develop codes of conduct” to help prevent discrimination and to urgently integrate more diverse staff into their firms, would have changed the world if heeded two decades ago. How do we reconcile this Declaration with the reality of the tech sector’s role in fragile and conflict affected states, and the use of ICTs for planning and executing violence, including racially-motivated crimes, even in so-called developed nations?
Looking forward, with eight years remaining to realize the UN Agenda 2030, and coming out of a pandemic and numerous humanitarian crises, many tech companies and internet governance institutions still grapple to find better ways to identify potential crises and leading indicators that could trigger interventions that defuse deterioration and polarization. We hope that the UN, which is developing its own human rights due diligence policies and tools at the moment, can play a leading role in promoting open, consultative processes to assist all stakeholders in navigating digital transformation while pushing for greater connectivity.
Our session will address attempts to safeguards human rights in the march towards universal connectivity. Participants will bring a variety of perspectives, from private sector social media firms, to human rights advocacy, to internet governance and technical expertise. They will explore companies’ responsibility to prevent and mitigate adverse human rights impact under the UGNPs, which call for heightened human rights due diligence given the elevated level risk of human rights abuses. From facilitating war propaganda and mis/disinformation, to hate speech, incitement to violence, abuse and harassment, and illegal distribution of war-related content such as depicting prisoners of war, social media companies often play a significant role in times of conflict and crisis.
For their part, internet governance entities are navigating fragmentation, including through increasing state sanctions, a foreign policy tool becoming more popular among states responding to security and governance crises. Enhanced due diligence, before emergencies occur, may assist internet governance stakeholders in answering challenging requests to mediate human rights and comply with legal demands.
Through collective discussion, participants will share learnings, perspectives and recommendations to best conduct human rights due diligence in times of crisis, centering the rights, needs and risks of vulnerable and marginalized groups.
The session will provide a safe space for activists, researchers, private sector workers and community representatives to discuss the challenges of conducting corporate human rights due diligence in the context of conflict or crisis. Importantly, attendees will explore pathways for addressing these challenges. We aim to include a diverse range of voices, centering participants from the Global South and those working on these issues, such as representatives from digital platforms. It is equally important to recognize who is missing in the room and how we can include their voices in future conversations.
This workshop is designed to enable future discussion. The session will end with an invitation to discuss next steps in a follow up conversation. If there’s interest, the organizers would consider expanding this conversation and launch a broader initiative focusing on corporate human rights due diligence in the context of crisis and conflict.
To maximize outreach, organizers will later draft a summary of the session and make it publicly available. Stakeholders working in this space (including technology developers) can thus learn from shared perspectives and include civil society considerations into their research and/or products.
Hybrid Format: The session will be structured in three parts. First, the invited speakers will briefly present key challenges and opportunities existing today in the way companies conduct human rights due diligence in times of crisis, especially when the crisis does not primarily affect users in the US/Western Europe. Internet governance experts will describe the inclusive policy development processes standard to their space, and efforts to integrate attention to human rights. The moderator will immediately open to brief interventions from discussants in the room. Second, participants will be invited to share their thoughts and reflections through an open (but guided) conversation with the room. Open discussion will be available both for attendees participating remotely, and those who are attending in-person. The organizer will provide facilitation for both in-person and online breakout groups. Third, the organizer will provide a high-level overview of what was discussed, as well as open questions and ideas for future work, based on the group discussion, and seek assent from online and in-room participants, broadly, on any outcomes reached. The Moderator from Access now is experienced in facilitating such sessions, including at RightsCon events, and will undergo further Session Moderation Training before this event.
Usage of IGF Official Tool.