Engaging the ICT sector on human rights: Conflict and security
This report provides an overview of the main human rights instruments and adverse impacts of the ICT sector in conflict-affected areas, emphasising its role in promoting security and other human rights while highlighting the potential risks of new technologies in this context. It also includes investor guidance to help evaluate if companies are meeting their human rights responsibilities.
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OVERVIEW
This report provides a thorough examination of the human rights instruments and potential negative impacts of the Information and Communications Technology (ICT) sector in conflict-affected areas. It underscores the crucial role of the ICT sector in promoting security and human rights, while also highlighting the risks associated with new technologies in such contexts.
The report focuses on the salient human rights issue of the right to life, liberty, and security within the ICT sector. The term ‘salience’ emphasises the impact on individuals rather than just the company, particularly in conflict zones where human rights violations are prevalent. While the ICT sector can enhance security and human rights by amplifying the voices of vulnerable communities, the report notes the potential misuse of technology that can escalate conflicts, undermining its benefits.
The impact of the ICT sector on conflict and security is detailed, illustrating how technology can be used for surveillance, detention, censorship, cyber-attacks on civilian infrastructure, and facilitating hate speech or weaponising information. The report acknowledges the positive role the sector can play, such as aiding investigations through open-source intelligence, contributing to peacebuilding efforts with crowd-sourcing technology, and assisting in post-conflict economic development.
Beyond human rights responsibilities, the report highlights the ‘business case’ for addressing security and human rights in conflict-affected areas. ICT companies failing to proactively manage these risks may face legal, reputational, and financial consequences. Conflict risk is identified as a leading Environmental, Social, and Governance (ESG) criterion among institutional investors, and companies not addressing adverse risks may face legal liability, damage to trust and brand, resulting in financial losses.
Human rights guidance is provided for businesses to conduct due diligence in conflict-affected areas, emphasising adherence to International Humanitarian Law (IHL) during armed conflict and human rights law at all times. The report outlines recommendations for companies to identify and mitigate real and potential adverse impacts on security and other human rights issues.
Investor guidance is also offered to assess whether companies meet their human rights responsibilities and IHL obligations in conflict areas. This involves evaluating human rights commitment and governance, embedding commitment internally, ensuring access to remedy, and incorporating commitment in relationships. Investors are encouraged to ask key questions and vote accordingly at annual general meetings.
Investors are actively engaged in holding ICT companies accountable for adverse impacts on conflict and security. Examples include Wespath Investments developing a Human Rights Guideline, and Facebook commissioning an independent human rights impact assessment in response to risks in Myanmar. The report emphasises the importance of effective civil society support through strong relationships with advocacy groups, academics, attorneys, and other stakeholders.