Assessing Digital Dissonance: Human Rights and the Digital Impact of Sanctions

Human rights assessments uncover and interrogate unjust practices that may harm individuals’ well-being and livelihoods. They offer a framework for evaluating social, economic, and political responsibility, enabling nation-states to prioritize the welfare of their citizens and improve the prospects for their society’s advancement. They trickle down to private institutions for safe business practices, like human rights due diligence. In a similar fashion, we can measure current school learning outcomes through the Conventions of the Rights of a Child. 

We ought to integrate these assessments into policy making endeavors, as without doing so, what purpose do they serve? Human rights assessments enable us to modify practices that were once effective but have since become obsolete or those that were ineffective from the start. In the realm of foreign policy, particularly amidst states in conflict, deterrence emerges as a prevalent strategy. One frequently utilized approach involves the imposition of sanctions, which entail economic restrictions imposed on a state to exert pressure and prompt compliance with desired behavior or objectives.

Sanctions and their effects have been examined to reveal the outcomes of human rights violations or concerns. “Smart sanctions,” aimed at specific entities or individuals implicated in wrongdoing, can still impact uninvolved parties. For instance, the United States’ oil sanctions on Venezuelan oil companies have hindered the country’s ability to generate essential revenue for maintaining basic infrastructure. Consequently, electricity shortages have deprived countless households of their right to a decent standard of living, among other human rights implications. 

As countries progress in various sectors, the scope of people’s essential requirements extends beyond mere access to water and shelter. We frequently associate sanctions with commodities, contemplating what a community can or cannot consume, such as the impact on oil prices. However, in modern times, new human rights involve access to communication and technologies. These expanded facets of basic human rights become susceptible to the impact of sanctions. Our research demonstrates that sanctions can tangibly affect Digital Rights, which serve as extensions of fundamental freedoms like expression and privacy. Specifically, sanctions have been observed to disrupt the physical infrastructure underlying these digital freedoms. 

For instance, Cuba faced challenges in developing its internet infrastructure due to the US embargo. In 2015, there was partial relief of the US embargo on Cuba, with efforts to facilitate internet access. Despite these measures, reports of internet service restrictions persisted due to sanctions, particularly in Cuba where some sanctions were congressionally mandated, posing difficulties for change.This limited relief fell short of adequately addressing the digital rights of Cubans. On the other hand, the regulation codifying the US Treasury Department’s General License D-2 exempted internet communication services and related technologies from US sanctions against Iran. This exemption facilitated access to vital digital tools for Iranian civil society, aiming to alleviate censorship and surveillance, and enhance digital human rights within the country. Ultimately, this illustrates how addressing the underlying reasons for limited internet access can support the advancement of digital human rights.

Sanctions have the potential to diminish or impede the connectivity experienced by ordinary users, undermine trust in Internet governance mechanisms such as registry databases, and disrupt optimal routing pathways, thereby affecting the accessibility of digital services for everyday individuals. Moreover, sanctions may contravene resolutions issued by entities like the EU, which underscore the criticality of maintaining internet connectivity during crises or protests. Our research reveals how sanctions can impact the right to the Internet, disrupting connectivity, eroding trust in Internet governance, and hindering access to digital services. Integrating human rights assessments into policymaking is essential for addressing these complex challenges effectively.

A Potential Framework: Human Rights Assessment Through SancNet:

1. Identify, Address, Mitigate:
   1. Identify Specific Sanctions Affecting Internet Access: Conduct a detailed analysis to identify the nature, scope, and impact of sanctions on Internet access, considering their implications for freedom of expression, access to information, and freedom of assembly.
   2. Address Immediate Human Rights Concerns: Prioritize addressing immediate human rights concerns arising from the sanctions, including restrictions on digital rights. Ensure that measures are taken to safeguard individuals’ rights to access information and communicate freely online despite the sanctions.
   3. Mitigate Negative Effects: Explore alternative measures to mitigate the negative effects of sanctions on human rights, seeking solutions that minimize harm while achieving the intended policy objectives.
2. Effective Human Rights Due Diligence:
   1. Conduct Comprehensive Impact Assessment: Undertake a thorough human rights impact assessment to understand the potential consequences of the sanctions on individuals’ rights, particularly those of vulnerable groups and human rights defenders.
   2. Assess Impacts on Vulnerable Groups: Evaluate sanctions’ direct and indirect impacts on vulnerable communities, marginalized groups, and human rights defenders to ensure that their rights are adequately protected and upheld.
   3. Implement Measures to Prevent and Remedy: Implement proactive measures to prevent, mitigate, and remedy any adverse human rights effects identified through due diligence, ensuring that appropriate support is provided to affected individuals and communities.
3. Facilitating Meaningful Dialogue:
   1. Engage Relevant Stakeholders: Foster open and transparent dialogue with relevant stakeholders, including affected individuals, civil society organizations, internet service providers, and government authorities, to address human rights concerns and explore alternative solutions.
   2. Collaboration and Cooperation: Encourage collaboration and cooperation between stakeholders to develop effective strategies for addressing human rights concerns arising from the sanctions, ensuring that the voices of those affected are heard and considered in decision-making processes.
   3. Create Platforms for Consultation: Establish platforms for ongoing communication and consultation to enable meaningful participation by affected individuals and communities in shaping responses to the sanctions and advocating for their rights.
4. Empowering Human Rights Holders:
   1. Strengthen Capacity: Provide support and resources to strengthen individuals’ and communities’ capacity to exercise their rights, including access to information, freedom of expression, and digital literacy.
   2. Support Human Rights Defenders: Empower human rights defenders and civil society organizations to protect and promote internet freedom and digital rights, ensuring they have the necessary resources and support to carry out their work effectively.
   3. Empower Marginalized Groups: Empower marginalized groups and vulnerable communities to advocate for their rights and participate in decision-making processes that affect them, ensuring their voices are heard and respected.
5. Determining Scope for Access to Remedy:
   1. Establish Grievance Mechanisms: Establish effective mechanisms for individuals and communities affected by the sanctions to seek remedy for human rights violations, ensuring access to impartial grievance mechanisms and avenues for legal recourse and redress.
   2. Support for Victims: Provide support to victims of human rights abuses resulting from the sanctions, including access to legal assistance, psychosocial support, and compensation, where appropriate, to facilitate access to remedy and justice.
6. Recommend Sustainable Solutions:
   1. Based on Findings: Recommend sustainable solutions based on the findings of the human rights assessment and dialogue with stakeholders, advocating for policy changes and adjustments to the sanctions regime to minimize negative human rights impacts while achieving desired outcomes.
   2. Promote Long-Term Strategies: Advocate for long-term strategies to promote internet freedom and digital rights, including capacity-building, technology development, and international cooperation, to ensure the protection and promotion of human rights in the digital sphere over the long term.