MODELE FRANCOPHONE GRENOBLOIS DES NATIONS UNIES

Jean Abou-Samra

Rapport I Vème édition

GA2 – Humans Rights In the face of the global terrorist threat, what balance should member States reach between security logic and protection of privacy and free speech, as defined in Articles 12 and 19 of the Universal Declaration of Human Rights? What answers can the international community give?

Forum: GA2 Humans Rights.

Issue: In the face of the global terrorist threat, what balance should member States reach

between security logic and protection of privacy and free speech, as defined in Articles 12 and

19 of the Universal Declaration of Human Rights? What answers can the international

community give?

Head member: Jean Abou-Samra

Status: Facilitator.

Introduction

This is a report on a current worldwide threat: terrorism, and how free speech and life

privacy can nevertheless be protected.

Article 12 of the Universal Declaration of Humans Rights states “No one shall be subjected

to arbitrary interference with his privacy, family, home or correspondence, nor to attacks

upon his honor and reputation. Everyone has the right to the protection of the law against

such interference or attacks.”

Article 19 of the Universal Declaration of Humans Rights states “Everyone has the right to

freedom of opinion and expression; this right includes freedom to hold opinions without

interference and to seek, receive and impart information and ideas through any media and

regardless of frontiers.”.

This Declaration was written and approved by the UN General Assembly. In 30 articles, this

Declaration states the fundamental rights that are said to be universal, but today they aren’t

always respected. Indeed, the issue of which measures have to be enforced to protect free

speech and life privacy while facing terrorism is an important one that we have to debate

about because it faces controversy throughout the world.

Definition of the key terms

Terrorism

It is the unlawful use of acts of violence (bombing, attacks, hostage taking, etc.)

committed by an organization to create a climate of insecurity (especially against civilians, in

the pursuit of political aims), to blackmail a government, or to satisfy a hatred towards a

community, a country, a system, an ideology, a religion …

Security

Security is the condition of being protected as much as possible from different risks,

which can have a natural origin (earthquakes, floods, avalanches, fire, hurricanes, storms, ... )

or a human cause (terrorist attacks but also industrial or nuclear accidents, toxic gas rejects,

…) (cf. General Overview)

Security Logic

It consists in measures established to protect the population (article 12 of UDHR),

organized in case of threats on the territory. They can include a reinforcement of army and

police, controls at borders, airports or public places, attack simulations in schools and

contested measures like inquiries by intelligence services (phone-tapping) and police search.

The state of emergency (“état d’urgence”) in France, the Patriot Act in the USA, the military

operations against Daesh in Syria and Iraq or the international agreement on Iran’s nuclear

weapon are some instances of security logic.

Protection of privacy

According to article 12 of the UDHR, it can be defined as the protection of the right

for the intimacy of private life. The different elements of the private life were not the object of

a legal definition or a restrictive enumeration to avoid limiting protection to the only context

of law. The privacy is notably endangered by the information speed and freedom of the

Internet.

Freedom of expression

It can be defined as the right everyone has to express an opinion in public without

being restrained or censored. Freedom of expression regroups many different forms of

freedom, of which most importantly freedom of speech, press and demonstration, freedom to

seek, impart and receive information and freedom on the Internet.

General overview

Terrorism: a world threat

Currently, since the end of the 20th century the world has lived attempts or attacks

organized by radical groups based in Asia (Taliban, Abou Sayyaf…), Africa (Boko Haram…)

and the Middle-East (Al-Qaida now replaced by Daesh…). All the world is involved, more

particularly Europe (France, Belgium…), Africa (Syria, Iran, Turkey...), the USA, which have

recently been victims of suicide attacks, bomb attacks, slaughters, hijacking of aircraft or

boats, kidnappings, beheadings and destructions of heritage (historical buildings). But there

are also other attempts which have taken place for decades in a lot of countries like Somalia,

Nigeria or Benin, that are less publicized, despite the horror of the violence. Nevertheless

terrorism has existed for a long time. It has evolved over centuries, but it appeared first in

France two centuries ago. Nevertheless, terrorism hadn’t really grown up before the 20th

century. The number of attacks perpetrated every year is getting increasingly bigger and has

become unbelievable; in 2016, they were 1684 worldwide on December 11th, and the toll is

still not finished at the time this report is being written.

This following map illustrates the fact that terrorist threats concern every country:

Security logic: a necessity

The study of security was initiated as a way to overcome or reduce the consequences

of armed conflicts. Security has two aspects, a national and an international one:

- The notion of national security is the fact that a government, along with its parliaments, has

to protect the state and its citizens against all kinds of national crises through a variety

of power projections, such as political, diplomatic, economic or military power.

- The notion of international security is the international political system in which several

states are mutually guaranteeing protection against external damage threatening their

territorial integrity or constitutional organization and undertake to use only peaceful solutions

to resolve any kind of conflicts between them.

Because of the fact that the entire world is involved in these attacks, it is crucial to think about

security at a national and international level in this kind of situation, and everybody is made

aware of that through the Press, TV or social Medias. If national security is already

established in each country, thanks to measures set up by states, international security will be

easier to manage.

Impacts on societies and populations

A balance between global and individual security and freedom of

expression

Life in the globalized twenty-first century world presents a significant challenge to

governments: they have to strike the right balance between security and liberty. The rise of

international terrorism, mass movements of population, technological improvement, makes it

easier for terrorists to plan and coordinate their campaign. All of these parameters increase the

difficulties governments encounter to protect their citizens. Besides, the security challenge is

amplified due to the willingness today's terrorists have to murder innocent civilians on a vast

scale, using whatever weapon they can get and being prepared to kill themselves at the same

time. In this climate of intolerance, fear and anxiety, the international community needs to

fight to protect the values formulated in the UDHR that are the very foundation of the UN.

Because freedom of speech is one of the fundamental rights people have, we have to protect it

despite the difficulties added by the necessity to ensure security.

Freedom of expression: a tool to fight against terrorism

We are living in more dangerous times than a few years ago. Recent terrorist attacks

are fundamentally altering the way we think about our basic human rights such as freedom of

expression. Indeed, it has become considered by many governments as one of the tool to fight

terrorism. A few governments have long regarded the protection of free expression and the

fight against terrorism as a difficult match of two highly important responsibilities.

Nonetheless freedom of expression has a role in the fight against terrorism: nowadays

information flows fast all over the world, and having an access to it allows people to

understand what’s happening around them and make their own opinion.

The impact security policies have on freedom of expression

Security policies have as major goal to protect people from attacks and fear;

nevertheless physically protecting people sometimes works against the respect of human

integrity and more specifically freedom of expression. Admittedly to protect their people

some governments take radical measures like censorship or prohibition of access to some

information. But preventing people from expressing their opinion or even being able to build

their own is a direct attempt to fundamental rights.

On another hand, some people fear for their life and are willing to sacrifice their

liberties in order to be protected. This way of thinking leads people to adhere to certain radical

groups which promise security. However, these are these same groups which are terrorizing

populations. Therefore governments have to provide security to their people as well as

freedom of expression, in order to make them and their family protected. Indeed in the middle

of a conflict, human survival instinct goes beyond the wish for freedom .

Weaknesses of freedom of expression

Despite the fact that freedom of expression is one of the most important fundamental

rights, and that it is the only way to guarantee the prosperity of democracy and peace all

around the world, freedom of expression can also backfire on people. As a matter of fact

radical groups, like Daesh, use freedom of expression to convey their message: They post

videos, send public and private messages through social Medias, and unfortunately a lot of

people are receptive and start their radicalization because of these messages. Hence

governments are looking for ways to control these posts; nevertheless the limits between

control of radical groups online activities and censorship are very close.

Concerned countries and organizations

Africa

Many African governments are not guaranteeing freedom of expression either because

of a lack of means or a wish of keeping control on their people.

Eritrea

Eritrea is one of the less freedom respectful countries in the world after North Korea.

Media beyond the state-sanctioned newspapers and TV are non-existent. International

journalists are routinely refused access. Eritrea was described by RSF in its 2014 World Press

Freedom Index as "Africa's biggest prison for the media", with 28 journalists in detention.

South Africa

South Africa is probably the most liberal country in granting freedom of speech.

Freedom of speech and expression are both protected and limited by a section in the South

African Bill of Rights.

Tunisia

Despite the Tunisian revolution that led the Arab Spring, freedom of speech is still a

controversial issue and a subject of uncertainty. Artists, journalists, and citizens still face

many kinds of harassment when they try to express their ideas freely.

Europe

Belgium

The Interior Minister, Jan Jambon, wants to tighten control of air passengers

(collection and systematic monitoring of data) to better fight against terrorism in Belgium.

The European Parliament has blocked the measure currently. The issue of protection of

privacy is becoming an important issue in the country.

France

All the country is questioning about the Internet surveillance and if they have to

restrict rights and liberty to have a better way to protect the population. France also faces a

problem about amalgam and the rise of extremist parties.

Asia

China

On January 23, the government of China stated the urgency of setting up measures in

order to prevent “unpredictable” and “unprecedented” dangers facing China. After taking

power, President Xi Jinping moved quickly to consolidate the control over national security.

India

The Indian Constitution ostensibly guarantees freedom of speech to every citizen, but

it includes significant restrictions. In India, citizens can freely criticize politics, politicians,

bureaucracy and policies. However, speech can be restricted to ensure security, morality, and

incitement. Indian’s freedom of speech is restricted by the National Security Act of 1980 and

in the past, by the Prevention of Terrorism Ordinance (POTO) of 2001, and similar measures.

Iran

Only three other countries, Eritrea, North Korea, and Turkmenistan, have more restrictions on

news media freedom than Iran. Reporters Without Borders (RWB) has dubbed Iran the

"Middle East's biggest prison for journalists.”

Turkey

Since its establishment in 1923, the security of the Republic of Turkey has been

dictated by two main elements: geography and longstanding ties with the neighboring

countries. These two factors make Turkey a key regional security player in the Europe, the

Balkans, the Caucasus, the Middle East, the Mediterranean and the Black Sea regions and

beyond. Turkish foreign policy has been built on the key elements such as cooperation and

partnership, and respect for sovereignty, independence and territorial integrity.

Russia

The upper house of the Russian Parliament passed a package of controversial anti-

terrorism laws. They provide for a tightening of existing legislation and increased monitoring

of communications. Some measures are criticized even by people close to the government.

Former US intelligence consultant Edward Snowden denounced a "Big Brother" and "mass

surveillance" and demands that these laws are not enacted.

Oceania

Australia

The Protective Security Policy Framework (PSPF) has been developed to assist

Australian Government entities to protect their people, information and assets, at home and

overseas. It provides policy, advice and assistance for governance, personnel, physical and

information security.

North America

United States of America

The United States of America established the Patriot Act in October 2001 right after

the terrorist attack of September. The extension of 2011 signed by Barack Obama provides the

right to any national institution to rove wiretaps, search business records, and conduct

surveillance of "lone wolves"—individuals suspected of terrorist-related activities not linked

to terrorist groups.

South America

Brazil

A new report recently stated Brazil’s new security policy which appeared to be based

on aggressive attempts to secure the country’s border by building regional alliance. As a result

it reinforced the tensions with the US concerning its “war on drugs”. The spread of drug

trafficking in Brazil led the government to ramp up surveillance, eradication efforts,

interdiction and seizure both inside and outside the country.

UN involvement

While countering terrorism has been on the agenda of the United Nations System for

decades, the attacks against the United States on 11 September 2001 prompted the Security

Council to adopt resolution 1373:

http://www.un.org/fr/documents/view_doc.asp?symbol=S/RES/1373(2001)

This document established for the first time the Counter-Terrorism Committee (CTC).

In the council of Europe: XIV. Right to property the use of the property of persons or

organizations suspected of terrorist activities may be suspended or limited, notably by such

measures as freezing orders or seizures, by the relevant authorities. The owners of the

property have the possibility to challenge the lawfulness of such a decision before a court.

Potential solution

In the case of an international crisis as we are currently going through, the international

community has to admit that freedom of expression can be limited to ensure national and

personal security. However these limits have to be defined really clearly and still respect

fundamental rights and human integrity.

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