Digital rights issues in LAC

 


The rise of information and communication technologies, particularly the internet, is considered the most significant transition in human history since the discovery of fire. Undoubtedly, they have increased the enjoyment of certain human rights, but they also undermine others.

Their rise has already prompted the recognition of new fundamental rights and freedoms and has impacted the way they are exercised. Numerous facts demonstrate that respect for human rights in the digital sphere is not guaranteed. In 2013, Edward Snowden, a former consultant at the National Security Agency (NSA), revealed the United States' project to monitor online activities using American-owned platforms like Google and Yahoo. More recently, the world was shocked to discover that personal data of over 87 million Facebook users was exploited without their consent.

The coronavirus outbreak has highlighted digital technologies' capacity for surveillance and their impact on human rights, especially regarding privacy and freedom of expression. While most international organizations recognize the application of all human rights online, there is a need to advocate for the promotion, respect, and protection of digital rights.

State of Digital Rights in Latin America and the Caribbean

Latin America and the Caribbean have experienced oscillations between defeat and inspiring leadership in terms of digital rights. After World War II, the region adopted the American Declaration of the Rights and Duties of Man, preceding the Universal Declaration of Human Rights by a few months. However, this commitment to rights was soon replaced by a succession of national dictatorial regimes, state violence, and backlashes against freedom and democracy, as noted by Paolo Carozza. Eventually, the region witnessed the ascension of liberal regimes in the 1990s, dedicated to political participation, income equality, and gender, racial, and social equality.

The transition to democracy blended with the promises of digital rights, with the internet and technology inviting politics into their core, igniting renewed agendas of rights and regulatory debates. The state of digital rights in Latin America and the Caribbean is intense, and research has identified three main sources of information: the book "Digital Rights: Latin America and Caribbean," the Derecho Digitales newsletter and website, and an article published on Open Edition Journal. Furthermore, a Wikipedia campaign on digital rights in the Caribbean sheds light on the region's debates. These debates have highlighted violations of digital rights alongside the empowerment of historically voiceless groups through digital technologies.

Before delving further, it is necessary to shed light on the situation in Haiti. While public information on digital rights advocacy is scarce, digital technologies play a significant role in the socio-political landscape of Haiti and impact human rights. The "Petro Caribe" movement, a massive youth demonstration against corruption, was initiated through a tweet by Gilbert Mirambeau on August 14, 2018. Reports have accused government officials of perpetrating widespread violence and repression in neighborhoods such as La Saline and Bel'Air to suppress protests. Additionally, gang leaders have actively promoted violence online and attempted to recruit individuals as sponsors or members. Simultaneously, social media has been used by many young people to denounce Haiti's precarity and bad governance.

Advocacy Examples:

  1. The Salvadoran Network of Women Defenders reported the creation of "Digital undercover agents" through the Code of Criminal Procedure reform in February 2021. This reform poses a serious threat to organizations and individuals defending human rights in El Salvador, legitimizing espionage practices by incorporating digital evidence in criminal prosecutions. The reform also modifies Article 25 of the Law against Computer Crime and Related Offenses and may lead to the criminalization of journalists based on the sources of information they use. Between February and May 2021, at least 370 digital attacks were perpetrated by public officials or individuals close to the President and his inner circle on social networks. Over 60 organizations joined forces to denounce these violations against human rights.
  2. While not an advocacy campaign led by an organization, it is worth mentioning that on November 8, 2011, the former Martelly/Lamothe government launched an electronic governance platform in Haiti. This project, funded by the Inter-American Development Bank (IADB) until 2016 with $3,500,000, aimed to modernize the Haitian public administration. However, the project has since disappeared along with its structure, leaving the Haitian public administration functioning primarily in an archaic manner.


Despite the countless benefits that the internet brings to our community, there is an urgent need to safeguard human rights from authoritarian governments and privacy breaches. The Latin America and Caribbean region is particularly susceptible to growing threats against democracy and human rights, with governments frequently infringing upon digital rights.

As a result, the international community is paying closer attention to the region, recognizing the importance of protecting human rights in the digital sphere. Efforts are being made to address the violations and ensure that individuals' rights are upheld online, creating a safer and more inclusive digital environment for all.


Bibliography

-          https://ayibopost.com/ou-est-passe-le-projet-e-gouvernance/

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-          https://en.wikipedia.org/wiki/Digital_rights_in_the_Caribbean

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-          https://itsrio.org/en/publicacoes/digital-rights-in-latin-america-and-the-caribbean/

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-          https://aragort.com/mozilla-festival-2022-digital-rights-caribbean-internet-censorship-cuba

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-          http://im-defensoras.org/2022/02/urgent-alert-el-salvador-inclusion-of-digital-undercover-agent-provision-in-code-of-criminal-procedure-entails-grave-threat-to-women-human-rights-defenders/

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https://www.derechosdigitales.org/


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