Council of Europe Adopts Declaration on Artificial Intelligence and Personal Autonomy

In a new declaration on the impact of the use of algorithms on democracy, human rights, and the rule of law, the Council of Europe’s Committee of Ministers warns that artificial intelligence and other machine-learning technologies must not be used to unduly influence or manipulate individuals’ thoughts and behavior. See Council of Europe Committee of Ministers, Declaration by the Committee of Ministers on the manipulative capabilities of algorithmic processes, Decl(13/02/2019)1, 13 February 2019. The first of its kind, the declaration calls on States to take steps to ensure that technologies facilitating algorithmic persuasion, particularly those that “micro-target” individuals, do not interfere with people’s ability to enjoy their human rights and to make independent political, personal, and purchasing decisions. See id. at paras. 8, 9. The Declaration, which builds on ongoing study and analysis by Council of Europe organs, adds to the growing body of guidance and recommendations concerning the regulation of machine learning to safeguard human rights, including from the United Nations Special Rapporteur on freedom of expression. Read more

Human Rights Committee: Finland’s Oversight of Indigenous Politics Constitutes Violation

Sami and Finnish flags flying in Hetta
Credit: Htm via Wikimedia Commons

In two recently released decisions, United Nations Human Rights Committee determined that the Finnish government interfered with Sámi individuals’ rights to political participation and culture when a national court expanded the group of people authorized to vote, or run as candidates, in the Indigenous group’s parliamentary elections. [OHCHR Press Release: Finland] While the Committee and other UN human rights bodies have raised concerns about this issue before, these are the first complaints to be decided concerning the Sámi people’s self-determination. The Committee has given Finland six months to submit a report outlining the progress it has made in implementing the decisions. [OHCHR Press Release: Finland] One other communication on the same matter is pending before the Committee on the Elimination of Racial Discrimination (CERD). See Human Rights Committee, Sanila-Aikio v. Finland, Views of 1 November 2018, UN Doc. CCPR/C/124/D/2668/2015, para. 4.2.

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ECtHR’s Second Inter-State Reparations Judgment Orders Russia Compensate Expelled Georgians

Courtroom of the European Court of Human Rights in Strasbourg
Credit: Adrian Grycuk via Wikimedia Commons

The Grand Chamber of the European Court of Human Rights (ECtHR) has issued its second ever monetary judgment in an inter-State case, ordering Russia to pay the Georgian government 10 million euros as reparations for Russia’s collective expulsion of thousands of Georgian nationals between 2006 and 2007. See ECtHR, Georgia v. Russia (I) [GC], no. 13255/07, ECHR 2019, Judgment of 31 January 2019 (Just Satisfaction). The judgment on reparations follows the Court’s 2014 judgment on the merits of the case, in which it found that Russia’s mass expulsion of Georgians violated the European Convention on Human Rights. See id. at para. 2. If Russia complies with the judgment, Georgia will be responsible for distributing the 10 million euros to a group of 1,500 identified victims, awarding 2,000 euros to each person who was expelled and awarding an additional 10,000 to 15,000 euros to those who had also been detained and ill-treated. See id. at paras. 77, 79. This judgment applies and builds on the Grand Chamber’s 2014 just satisfaction judgment in Cyprus v. Turkey, in which it ordered Turkey to pay 90 million euros in just satisfaction for the enforced disappearance of 1,456 people and various violations against the Greek Cypriots of the Karpas peninsula, by Turkish authorities, dating to 1974. See ECtHR, Cyprus v. Turkey, [GC], no. 25781/94, Judgment of 12 May 2014 (Just Satisfaction).

This case is the first of four cases that Georgia has brought to the ECtHR against Russia since 2007. The second case, concerning Russia’s alleged violation of the European Convention during the 2008 Russo-Georgian conflict, is currently pending before a Grand Chamber. See ECtHR, Cases pending before the Grand Chamber. The third case, which concerned Russia’s detention of several Georgian nationals, was voluntarily dropped by Georgia after Russia released the individuals from detention. [ECtHR: New Complaint] The fourth case, filed in August 2018, concerns alleged violations of rights along the border between Georgian-controlled territory and Abkhazia and South Ossetia. [ECtHR: New Complaint] The International Criminal Court (ICC) has also opened an investigation into alleged war crimes and crimes against humanity committed during the 2008 Russo-Georgian conflict. See ICC, Situation in Georgia.

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Human Rights Experts Condemn Continuing Internet Shutdowns in African Countries

ACHPR Special Rapporteur on Freedom of Expression and Access to Information, Lawrence Murugu Mute
Credit: Lawrence Mute via Twitter

A number of African countries have drawn international criticism amid a wave of internet shutdowns aimed at restricting access to information and discourse on social, economic, and political issues. Between December 2018 and January 2019, Sudan, the Democratic Republic of Congo (DRC), Gabon, and Zimbabwe cut off access to the internet in response to protests. [ACHPR Press Release: Shutdowns] Human rights groups and experts have condemned these moves as illegal acts of repression, citing violations of the rights to freedom of expression and access to information. [ACHPR Press Release: Shutdowns; OHCHR Press Release; Access Now Press Release] While the internet shutdowns in Africa contribute to a trend of increasing shutdowns around the world, the international response demonstrates that internet access is now recognized as essential to the exercise of human rights.

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ICC Acquits Former Ivory Coast President of Crimes Against Humanity

Laurent Gbagbo at the International Criminal Court
Credit: ICC via Flickr

Former Ivory Coast President Laurent Gbagbo was acquitted of crimes against humanity earlier this month when the International Criminal Court (ICC) found insufficient evidence of a common plan or policy to attack civilians during the 2010-2011 post-election violence in the Ivory Coast. See ICC, Prosecutor v. Laurent Gbagbo and Charles Blé Goudé, ICC-02/11-01/15, Oral Decision of Trial Chamber I on the Prosecutor’s Request under Article 81(3)(c)(i) of the Rome Statute, 16 January 2019. The ICC Appeals Chamber has decided Gbagbo and his co-defendant Charles Blé Goudé must remain in custody at least until it reviews the Trial Chamber I’s order to release them, at a hearing scheduled for February 1. [ICC Press Release: Delay] Once the Trial Chamber’s written judgment is filed, the Office of the Prosecutor may appeal the acquittals. [ICC Press Release: Acquittal] ICC Prosecutor Fatou Bensouda has confirmed her office will continue its investigations into the Ivory Coast situation, which currently includes pre-trial proceedings against Simone Gbagbo, wife of Laurent Gbagbo, who was granted amnesty for her role in the conflict by current Ivorian President Alassane Ouattara last year. [ICC: Bensouda; Guardian: Simone Gbagbo; BBC]

The Gbagbo judgment is the most recent in a line of prominent losses by the ICC Prosecutor, including the acquittal, on appeal, of former Congolese Vice-President Jean-Pierre Bemba in 2018 and the Court’s dismissal of charges of crimes against humanity against Kenya’s President Uhuru Kenyatta and Vice-President William Ruto in 2015 and 2016, respectively. [IJRC: KenyaIJMonitor: Gbagbo; IJMonitor: Bemba] The ICC Prosecution’s recent failures have raised concerns among some about the Court’s ability to hold accountable those individuals who violate international criminal law. [IJRC: YekatomGuardian: ICC; Guardian: Gbagbo] Gbagbo, the first former head of State to be taken into ICC custody, has the right to request compensation for the seven years that he has spent in detention. See Rome Statute, art. 85(3). Read more

Guatemala & Nicaragua: Cooperation with Human Rights Monitors Deteriorates

Press Conference by Foreign Minister of Guatemala
Credit: UN Photo/Manuel Elias

The governments of Guatemala and Nicaragua each recently issued decisions terminating cooperation with international and regional oversight bodies in critical areas of human rights, prompting strong criticism. [UN News: Nicaragua; IACHR Press Release: Guatemala; European Council Press Release] Escalating his September 2018 decision that Guatemala would not renew its agreement with a United Nations-backed anti-corruption investigatory body, the International Commission against Impunity in Guatemala (CICIG), Guatemalan President Jimmy Morales unilaterally decided to expel the body prior to the agreement’s expiration and ahead of the next presidential election. [UN News: CICIG; NY Times; IJRC: Oversight] Additionally, in December 2018, the Nicaraguan government, amid mounting civil unrest, announced measures effectively barring two monitoring mechanism set up by the Inter-American Commission on Human Rights (IACHR), and stated that it would no longer accept IACHR visits. [IACHR Press Release: Nicaragua; UN News: Nicaragua] UN experts have resoundingly condemned the governments for disregarding their international legal obligations under these agreements and the human rights at stake in the absence of this oversight. [UN News: CICIG; UN News: Nicaragua]

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January 2019: United Nations and Regional Human Rights Bodies in Session

Human Rights and Alliance of Civilizations Room of the Palace of Nations
Credit: Ludovic Courtès via Wikimedia Commons

In January, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. One United Nations treaty body will hold a session to review States’ progress regarding children’s rights. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Two UN special procedures will conduct country visits in January, and the UN Working Group on the issue of discrimination against women will hold a private session. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be holding public sessions.

The UN treaty body and UPR sessions may be watched via UN Web TV, and the public hearings of the IACtHR may be watched via the IACtHR’s website or Vimeo page. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

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