SpringMUN2018

UnitedNationsHumanRightsCouncil(UNHRC)

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Index

Title Page Number Letter from Director 3

About the Committee 4 Statement of the

Problem 4

History of the Problem

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Current Situation 6 Major countries and

organizations involved

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UN RELEVANT ACTIONS

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QARMA 11 Position Papers 11

Further Research 12 Note to the UNHRC 12

Bibliography 13

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LETTER FROM THE DIRECTOR Dear Delegate, Welcome to the United Nations Human Rights Council at Spring MUN 2018. My name is Rutvi Shah and I will be serving as your director along with assistant director Muskaan Jain. I chose this topic because I believe that, the advancement of technology and its threat to possible human rights infringement, is a pressing issue in the 21st century. We live in a world, where technology evolves faster than the time humans require to adjust with the changes. “Surveillance,” is a very debatable topic and while it has innumerous advantages, it also has an equal number of disadvantages. In such a scenario, who is to decide whether advancing technology is a boon or bane? What is the line that separates the use of technology from its misuse? Can we live in a world without technology? I believe, no! Then are we living in a world that’s safe? I leave it up to you delegates to decide. Moving away from the MUN-Details, I am currently in the second year of the IB program and I particularly enjoy studying Economics and Chemistry (Weird Combination, I know!) I also enjoy travelling and visiting new places. As much as I love discovering new cities, New York has always been my most loved escape. Other than travelling, I am a TV addict and love listening to music (particularly Coldplay and the Chainsmokers!) However, my favourite stress buster is simply adequate sleep (Well, 12-14 hours.) Good luck for your preparation and I hope to see you in February for a super exciting weekend filled with intense debate. Just remember to not be afraid and make sure to voice out your opinion in committee as one idea can make a major difference. Rutvi Shah Director United Nations Human Rights Council

ABOUT THE COMMITTEE

The United Nations Human Rights Council (UNHRC) is an inter-governmental body within the United Nations system, consisting of 47 Member States. Each State is responsible for cooperation, promotion and protection of Human Rights.

The aim of the council is to promote universality, interdependence, and indivisibility of Human Rights, inherent cooperation, to be a transparent intergovernmental process, and to be realistic. Their focus is not only on Member States but also on Non-Governmental Organizations (NGOs) and national Human Rights institutions. Topics dealt with mostly are specific Human Rights situations involving certain countries, however affecting a lot of Member States, and groups of certain people and individuals.

Through utilizing a mechanism of ‘Universal Periodic Review’ the council assesses all Human Right issues in all the Member States. The ‘Advisory Committee’ is a panel of experts and advisors who give advice on regional issues. Moreover, the ‘Complaint Procedure’ allows for individuals and organizations to bring forward specific Human Rights issues. The council also works with ‘UN Special Procedures’, which can be made to advise and publicly report specific Human Rights issues in certain countries.

The evolution of the work of the UNHRC has matched the growth in interest in human rights from the United Nations since the General Assembly adopted the Universal Declaration of Human Rights on 10 December 1948. This codification of “a common standard of achievement for all peoples and nations” was the first time in history that human rights, those civil, political, economic, social, and cultural rights considered fundamental to member states, had been agreed upon and enumerated. Today, the “International Bill of Human Rights” includes the Universal Declaration, the International Covenant on Civil and Political Rights (and its two Optional Protocols), and the International Covenant on Economic, Social, and Cultural Rights.

The council mainly focuses on human rights including the freedoms of association, assembly, expression, belief and religion, community- specific rights including those of women or the LGBT caucus, and the rights of racial and ethnic minorities.

STATEMENT OF THE PROBLEM Technological developments have been exponentially advancing and creating breakthroughs in the way we think, communicate and learn. Although the term “technological developments” is rather broad, we will be focusing on technological development in the field of information technology in our committee this year.

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The question of ethics is often raised with the use of technology. This is because while information systems offer new opportunities and advantages to businesses and scientific developments, they also introduce issues that can be a threat to the privacy and security of our society. The responsible global citizen is increasingly alarmed by the growing number of cases related to cybercrime and its repercussions on human rights infringements and national security. Today, the government’s use of technology and the lack of transparency is one of the most talked about issues worldwide. Every day, more and more details are revealed about new and modified surveillance activities. How safe does this make the world we live in? Therefore, delegates, we invite you to join the UNHRC to discuss the ethicality of the use of technology. We look forward to new insights and fruitful solutions to this pressing global crisis. HISTORY OF THE PROBLEM Major developments in the field of information technology have been happening since 1957, when Russia launched Sputnik 1 into space. The technological race of the Cold War caused the United States to start developing the most resistant communications system. A program that would later provide public access to the World Wide Web, changing the field of

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technology forever.

The history of intelligence and surveillance can be traced back in the early stages of state organization. Countries and governments have always striven through more or less developed forms of intelligence to get access to and gather not publicly available, classified information through covert means. Surveillance and espionage have been credited with winning wars, forestalling revolutions, provoking them in certain cases, protecting the world from terrorist attacks and in general exercising a far-reaching influence on historical development.

However, the biggest escalation in controversy can be found between 2010 and 2013, with the revelations made by WikiLeaks and Edward Snowden. These revealed the existence of massive surveillance programs that were being carried out by the US in collaboration with the UK, Canada, Australia and New Zealand, in what was called the “Five Eyes” initiative. The National Security Agency was dedicating human and technological resources to collect massive amounts of data not only from American citizens, but also from world leaders (such as Dilma Rousseff and Angela Merkel) and UN officials, and in the process, was obtaining information from other countries’ intelligence services overseas.

However, the ‘Five Eyes’ operationcountries were not the only onesfound guilty of using technology toinvade other nations’ privacy: Chinais one of the countries, which is most often accused of hacking outside its borders (India, Taiwan), as well as the Democratic People’s Republic of Korea, Pakistan and Cyprus.

The UN General Assembly adopted resolution 68/167 in December 2013 on “the right to privacyin the digital age”, reaffirming theexistence of this right and calling upon allstates to respect the right and takemeasures to put an end to violations.

Reports were made by the (A/HRC/31/64) in the 31st session of the Human Rights Council. In these reports it was highlighted that the obstacles faced to come up with an international official definition of privacy is the tightened restrictions on surveillance projects and backdoors.

CURRENT SITUATION Advances in technological developments have drastically altered the rights of each individual to privacy. By amplifying the voices of human rights defenders and promoting democratic participation, technological developments have allowed for drastic improvements in political participation in parts of the world where governments use repression and violence to stop

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political participation.

Cyber Warfare In a world dominated by technological growth and advancement, attack on information systems has become a legitimate cause of concern for security. With the increasing importance of cyberspace, a number of risks have become concurrent which not only jeopardizes the benefits that cyberspace can offer but also pose a threat to the national security of a country. Cyber warfare may include attempts to access, damage, undermine and sabotage another nation or organization’s information through metadata acquisition, computer viruses, and denial of service attacks. Espionage is seen as a major threat that must be redeemed. These treats are multi polar in nature and can be motivated from several directions and they may include nation states, non-state actors, proxies, intelligence agencies. It must be noted that these attack may also be politically, socially or religiously motivated. The internet is also becoming a tool for military activities and cyber security has become more central to national and international security. More advanced methods of cryptography are being explored and enacted. Protection of data has become more important for international security than ever before. According to European cyber security expert Sandro Gaycken, offensive operations when seen from a long-term perspective, can potentially cripple economies, change political views, instigate conflicts among or within states and also equalize technological capacities of nations. With the betterment in telecommunications and information processing, hackers are also benefitting which makes it imperative to manage cyber-attack, and marshalling of an appropriate response to it. Cybercriminals route their communications through a variety of jurisdictions to avoid the detection of their crimes and identities. Cyber counterintelligence is important in keeping sensitive information safe and preventing subversion and sabotage. Another rising trend is the perpetuation of cyber- attacks by nationalist groups, such as when Israeli 10 hackers organised together to launch an attack against Palestine in October 2000 during a period of conflict. DOS attacks were launched on computers owned by Palestinian resistance organizations (Hamas) and Lebanese resistance organizations (Hezbullah). Anti-Israel hackers responded by crashing several Israeli web sites by flooding them with bogus traffic. In March 2013, South Korea’s cyberspace came under a wave of cyber-attacks. Information systems of major broadcasting corporations and banks were hacked. According to an estimate, it cost South Korea £500m. The European Defence Agency (EDA) is progressing towards a more consistent level of cyber defence capability across the European Union. Terrorism The recent trend in numerous countries to survey their populations with the excuse of

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preventing violence from terrorist groups has allowed governments worldwide to monitor the activity of their citizens online. The violation of digital rights has led to abuses in the physical world, “such as arbitrary detention and forced disappearances”. The legality behind these actions will depend from state to state. Practitioners have noted the importance of monitoring systems in order to be able to gain evidence of supposed abuses with regards to freedom of expression and rights to privacy.

The tragic terrorist events in Paris and the accusations against the French intelligence have raised again the voices of concern for privacy advocates that these attacks might be used as an excuse for a further expansion of the already extensive surveillance powers enjoyed by intelligence agencies worldwide. At the same time, they have been invoked by many supporters of the need for a retooled intelligence enterprise that could “connect the dots” and keep us safe in the wake of the wildest phase of the war on terror. In the words of a former NSA executive: “In order to find the needle in the haystack, you need access to the whole haystack.” Role of the Media Another important aspect in the context of national security leaks is the role of the press in upholding individual rights and civil liberties. Individual journalists entangled in controversial leak stories have always defended their public duty to hold governments accountable for any violation of fundamental human rights and democratic processes and have striven in order to gain access to public records, meetings and court rooms and disclose the acquired information. There are many cases, however, where journalists have been accused of exploiting the treasure trove of information secured through their cooperation with whistle-blowers or otherwise for their own personal benefit rather than the common good. In the Snowden case, there have been many speculations regarding lucrative business deals with publishers and movie producers signed by some of the journalists Edward Snowden has partnered with. The media involvement of multibillionaires like the eBay founder Pierre Omidyar in launching a new media organization, First Look Media, dedicated to “fearless and adversarial” journalism and in funding the so called crypto insurgency aimed at the US intelligence apparatus is being viewed with increasing scepticism by many traditional advocates of press independence. Government Surveillance Recent scandals in the United States and the United Kingdom, in which vast amounts of data is collected on millions of citizens, demonstrate the need for governments to be open and transparent about the data that they are collecting and for what purpose. In a list compiled by Reporters without Borders, it is noted that the governments of numerous countries have

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implemented censorship and surveillance online. From Vietnam and China to Russia, the United Kingdom and the United States, mass surveillance units have been used to find out vast arrays of information on citizens, with, or without the help of private companies such as Google, Apple and Microsoft. Tech corporations might very well be forced by governments to share information if legislation is passed against encryption. A good example of this is the case between the FBI and Apple in which Apple refused to unlock a phone which had been left by the San Bernadino shooter.

This situation is likely to continue for a long time, as communication technologies continue to develop on a drastic scale. Governments will also be allowed to survey the actions of their citizens with increasing frequency and accuracy. This has made the need for legislation which limits or provides remedies to victims of internet espionage.

MAJOR COUNTRIES AND ORGANISATIONS INVOLVED

Almost every single country in the world operates a secretive arm of government consisting of intelligent agencies of varying degree of organization, staffing, sophistication and impact on world affairs. At an international scale and for the purposes of the current study, we will focus on the six biggest intelligence agencies.

The end of the Cold War Era has not led to world peace and eradication of conflicts around the world. The world dominance of the USA is being challenged by the rise in power of new global players, economic competition is becoming fiercer in the context of a crisis-prone world economy, historical hostilities are being rekindled and extremist movements are on the surge worldwide. All the above reasons have kept the intelligence agencies of many countries more than busy and have furthered the expansion of communications interception and electronic espionage. The most important intelligence agencies and countries are the following:

Intelligence Agency- CIA

National Security Agency- NSA

Country: USA

The US Intelligence System constitutes an elaborate complex of some dozen separate independent or quasi-independent intelligence organizations, each with a specific role and a carefully defined area of expertise and responsibilities. The Central Intelligence Agency CIA

continues to sit on the top of this complex, with its Director being the president’s principal intelligence adviser, responsible for coordinating all the separate intelligence units. The biggest of the country’s myriad intelligence organizations is the National Security Agency/Central Security Service ( NSA ),the USA’s signals intelligence agency as well as the phone and internet interception specialist of the USA, which is also responsible for code

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breaking .It has a strict focus on overseas, rather than domestic, surveillance. The role of the CIA, and more recently of the NSA, have been questioned on a number of occasions, following the disillusionment with the Vietnam War, the Watergate scandal, numerous accusations for illegitimate interventions and support to authoritarian regimes. As a result of extensive media disclosures and investigations by presidential commissions and congressional committees, new guidelines for secret operations were adopted and a new structure for executive and legislative supervision established. The controversy however remains and is becoming more intense in the information age, following the recent revelations.

Government Communications Headquarters- GCHQ

Country: United Kingdom

GCHQ is UK’s official security and intelligence organization, working in close cooperation with the British Government and subjected to Parliamentary and judicial control. GCHQ forms an integral part of the British intelligence heritage, which dates back to the two World Wars and the Cold War. CHQ is a secret organization and its very existence was not officially admitted until 1983.

Foreign Intelligence Service- SVR

Country: Russia

SVR is carrying on Russia’s formidable spying tradition, which dates back to the czarist-era Cheka and the once omnipotent KGB of the Soviet Union. Although its officially declared area of expertise is to counter terrorism and protect Russia’s commercial interests, SVR is heavily involved in international espionage and consolidation of domestic political power.

Ministry of State Security- MSS

Country: China

MSS is close in structure to the old Soviet KGB and is responsible for both domestic security and foreign espionage. The high tech industries and the military technology of the United States are the main focus of its overseas activities. MSS is also believed to be leading China’s aggressive espionage efforts on cyberspace. Since 2007, the governments of the USA, Britain and Germany have been making continuous allegations against China for attempting to hack and hacking into their respective Departments of Defence databases. Chinese espionage is different from Western espionage, in that it does not rely solely on purposefully recruited and trained agents, but views every individual and every little piece of information as a potential intelligent asset, making it extremely difficult to detect the scope of its operations.

Research and Analysis Wing- RAW

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Country: India

India’s notoriously secretive agency was founded in 1985 as an indispensable arm of the Indian government’s strategy against Pakistan. Since then it has developed to one of the strongest intelligent agencies, with its activities expanding to Pakistan, Sri Lanka, Nepal, Bangladesh, and elsewhere. Its main objective remains the destabilization of Pakistan and to this end it is particularly active in supporting independence movements in Bangladesh, whereas it has been also accused by Pakistani authorities for terrorist attacks in their country and for infiltration by U.S. and Chinese assets.

UN RELEVANT ACTIONS

General Assembly Resolution 68/167 on the “Right to Privacy in the Digital Era”.

Resolution, initiated by Brazil and Germany following the Snowden revelations and voted unanimously by the 193 UN members in December 2013, expresses deep concern at the negative impact that surveillance and interception of communications may have on human rights and calls on a curb of supernormal surveillance of communications. The General Assembly affirms that the rights held by people offline must also be protected online and calls upon all States to respect and protect the right to privacy in digital communication. It also “calls on all States to review their procedures, practices and legislation related to communications surveillance, interception and collection of personal data and emphasizes the need for States to ensure the full and effective implementation of their obligations under international human rights law”.

UN Group of Governmental Experts (GGE):

Following the submission of two consensus reports in 2010 and 2013 a new UN Group of Governmental Experts (GGE) was authorized with an expanded mandate on issues related to the state use of information and communication technologies and their compatibility with international law.

International Covenant on Civil and Political Rights

Ratified to date by 167 States the Convention provides that no one shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, or to unlawful attacks on his or her honour and reputation. It further states that “Everyone has the right to the protection of the law against such interference or attacks.

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QARMA

1. What practical measures can member states take to ensure that the private rights of their citizens are protected whilst considering growing security concerns?

2. How can individuals ensure that their rights to privacy are protected against large scale government programs?

3. Is it possible for the UN to protect the right to privacy of individuals without encroaching upon national sovereignty?

4. How can the internet be kept free and open whilst considering individual privacy concerns?

5. How can governments protect their civilians without encroaching their privacy online?

Position Papers

Position Papers must be single-spaced; twelve point Times New Roman font and approximately 600-800 words. Your name, country name, school and topic area should be in the upper right hand corner. Position Papers must be divided into three sections: 1. Your country’s connection and involvement in the topic – What is your country’s stance where technology and surveillance is concerned? 2. Your country’s policies in relation to the issue and current diplomatic arrangements. 3. What your country thinks is the best way to solve the problem (these should not be solutions from past conferences, agreements or resolutions but innovative and original solutions in accordance with your foreign policy and capabilities) The first two sections should make up approximately half (or slightly less) of your position papers with section three making up the other half of the paper. Although the paper is divided into three different sections, the paper must follow a logical and coherent progression with links between sections with citations or endnotes. Further Research The study-guide should lend you a basic understanding of the topic at hand but to be able to debate and critically analyze the situation, one requires a deeper and more thorough understanding of the topic. Whilst researching, it would important to keep in mind:

1. Your country’s role in aiding this situation

2. Your country’s foreign policy

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3. Any and all Treaties, Agreements or Alliances that your country has accepted

4. Whether or not your country would face any economic or social repercussions if there were restrictions laid on technology.

Note to the UNHRC I sincerely hope that you will enjoy the committee and preparation as much as we did, when writing this study guide. As you start researching for the MUN, be creative and open-minded. You will be crafting solutions for the long-term solutions to security issues regarding technology. Feel free to contact me with doubts or questions about the Topic, Spring MUN or Model UN in general and I will be more than happy to respond to you as soon as I can! See you in February! J

Bibliography

• https://www.ciaonet.org/cbr/cbr00/video/cbr_ctd/cbr_ctd_22a.pdf• http://alumnos.cva.itesm.mx/unctec/wp-content/uploads/2014/02/SC-2014-Handbook.pdf• http://rt.com/news/un-resolution-worldwide-surveillance-476/• http://opencanada.org/features/the-think-tank/comments/cyber-security-takes-the-floor-

at-the-un/• https://www.mi5.gov.uk/home/the-threats/espionage/how-do-spies-operate.html• http://diplomacy.unyouth.org.nz/uploads/c59405a3a34fe3b6bd0bec25addbb904.pdf• http://autocww2.colorado.edu/~toldy3/E64ContentFiles/PoliticsAndGovernment/espionage

.htm• http://www.nydailynews.com/news/world/eu-threatens-stop-sharing-data-u-s-spying-

reports-article-1.1391702• https://www.theguardian.com/technology/2016/apr/27/fbi-apple-iphone-secret-hack-san-

bernardino

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