HRC58: States adopt substantive resolution on human rights defenders, emerging technologies

Led by Norway, the resolution crucially covers new grounds and further develops States’ obligations to protect human rights defenders in the digital age. It also considers the needs expressed by human rights defenders during the consultative process leading to its negotiation and approval. 

For the first time and in a major win for the human rights defenders movement, the resolution includes a reference to the Declaration +25 and is very much in line with its content. 

‘The Declaration +25 is a ground-breaking initiative,’ said Phil Lynch, Executive Director at ISHR. ‘Civil society organisations worldwide have united to produce this authoritative articulation of the international legal framework for the protection of human rights defenders. We are very pleased that the Human Rights Council recognised it,’ Lynch added.

For example, the resolution calls on States to forgo the use of biometric mass surveillance and to refrain from or cease the use or transfer of new and emerging technologies, including artificial intelligence applications and spyware to actors that are not liable to operating these in full compliance with international human rights law. 

Initially, the resolution included a reference to transnational repression but this was removed in the final version.  

‘While we welcome the reference to types of transnational repression referred to in the resolution, we stress that transnational repression is not only about actions taken by a State, but also its proxies, to deter, silence or punish people and groups who engage in dissent, critique or human rights advocacy from abroad, in relation to that State,’ said ISHR’s Lynch and civil society partners in their end of session statement. 

Indeed, transnational repression includes acts targeted directly against human rights defenders, journalists or activists, as well as acts targeting them indirectly by threatening their families, representatives or associates. Particularly vulnerable are nationals or former nationals, members of diaspora communities and those living in exile. ISHR will continue to push for States to publicly recognise and acknowledge this form of harassment. 

Another lost opportunity is the lack of explicit recognition of the positive role of child human rights defenders in promoting human rights and fostering change in societies, including their active role in the digital space. The resolution also doesn’t tackle the specific challenges and risks they face because of their age and their civic engagement, as highlighted by the Special Rapporteur on human rights defenders in her 2024 report.

The resolution fell short of reaffirming States commitments from UNGA A/RES/78/216, to enhance protection measures for child defenders and to provide a safe, enabling and empowering environment for children and young people online and offline. 

The negotiation of the resolution was a hard and long process: 12 informal sessions were needed to agree on a text. In a regrettable move, some States presented amendments to the tabled text trying to undermine and weaken it. The text was finally adopted without a vote.

OHCHR is now mandated to convene three regional workshops and a report to assess risks created by digital technologies to human rights defenders and best practices to respond to these concerns.