Reflections on Yahoo!’s 2010 Business & Human Rights Summit

By BHRP

Christine Bader and Sarah Labowitz | Vasanth Rakasi

Guest Post, by Christine Bader, Advisor to the UN Secretary-General’s Special Representative on business and human rights

(See here for video highlights of the Summit, here for photos of the Summit, and here for the 2010 Flickr Gallery!)

As I pored over my notes on the flight home from Tuesday’s second annual Yahoo! Business & Human Rights summit, three themes emerged — context, scale, and education — as did a few reflections about this moment in the tech industry’s history.

Many speakers at the summit urged us to consider technology’s intersection with free expression and privacy in its broader context.  Kum Hong Siew, former member of Singapore’s parliament, stressed the importance of understanding the offline regulatory situation in a country before honing in on the government’s approach to the internet and social media.  Kathleen Reen from Internews reminded us that we’re not discussing mere technical issues, but challenges that are situated within human rights and the rule of law.

Context is critical at both macro and micro levels.  Scott Rubin from Google discussed the difficulty in deciding whether to take down YouTube content, which requires assessing the intention of the uploader.  For example, violent footage could be taken down in accordance with a site’s Terms of Service, but might be critical if revealing excessive force by police.

Scale was considered from a number of perspectives:  global vs local, mass market vs niche, small vs big.  Companies grapple with how to reconcile global policies with local laws and norms; national governments struggle to manage companies’ international reach and content.

Elia Varela Serra believes that demand will grow for niche products like Maneno, the blogging platform she co-founded for sub-Saharan Africa, which enables local language content and easy uploading for areas with poor connectivity.  On the other hand, Sameer Padania of Witness.org tried to build a video sharing hub for human rights activists but found that many of them used YouTube, so switched his focus to ensuring appropriate space for human rights-related content in mass market tools.

The Global Network Initiative (GNI) has forged personal relationships that have proved invaluable when crises occur.  But the GNI won’t always be comprised of the same founding individuals, and aims to grow in terms of membership and the number of people its members touch.  Companies currently take a case-by-case approach to the human rights challenges they face — but that can’t be sustainable for a business like YouTube, to which users upload 24 hours of video every minute.

All of the panels emphasized the importance of education:  about human rights, about the risks of online life and activism, and about the tools that can protect them like UltraReach and AnchorFree.  Kim Pham of AccessNow, Reen of InterNews and Sarah Labowitz of the U.S. State Department were among those who discussed their initiatives to educate constituencies, from activists to journalists to foreign service officers respectively.

I’ve observed and advised GNI since its inception, so have seen firsthand the tech industry’s coming to terms with its impacts on human rights.

The industry is exceptionally dynamic in terms of its products and services, the ways in which its offerings are employed by a wildly diverse population, and its relationships with other companies, governments, and civil society.

But its experience with regard to human rights is not unique.  Many other sectors, most notably extractives and apparel, have gone through a similar process of

1. realizing their impacts on human rights, positive and negative;
2. taking responsibility for those impacts;
3. recognizing that they’ll be more effective collaborating with peers and stakeholders than going it alone;
4. piloting solutions and discussing how to scale them up; and
5. understanding that respecting human rights is a necessary and permanent requirement, but one that will take countless twists and turns — so prioritizing relationships and principles rather than specific prescriptions.

By this time next year, the industry will no doubt be grappling with new technologies employed in new ways by new users, new regulatory and social expectations, new players and different incarnations of old ones.  The Global Network Initiative and Tuesday’s event are terrific examples of that fifth stage above, that I hope and expect will support ongoing collaboration and effective solutions.  Watch this space.

Christine Bader is Advisor to the U.N. Secretary-General’s Special Representative on business and human rights.

That’s Right: Yahoo! in Berlin

By Jen Swallow | Legal Director EMEA | Product Compliance

As the final touches were being put to Hillary Clinton’s speech on Internet freedoms, a rich discussion on human rights was hotting up in Berlin.  National and international representatives of industry, commerce, politics, civil society and academia had come together at the ‘That’s Right’ conference to exchange views and ideas on the topic of corporate responsibility for human rights.  Yahoo!’s BHRP was thrilled to contribute.

Hosted by the German Federal Ministry for Economic Cooperation and Development (BMZ), the event was led by Professor John Ruggie, the UN Special Representative for human rights and trans-national corporations, who held a lively ‘town hall’ meeting in the morning, giving participants an opportunity to engage in direct dialogue on the practical implementation of his policy framework: Protect, Respect, Remedy.  Later in the day, the Special Representative praised the Global Network Initiative, which Yahoo! co-founded, and called for European ICT companies to sign up as members.

Yahoo!’s BHRP participated alongside Microsoft and Google in a panel session in the afternoon on the topic of “which approaches can be taken when national legislation is incompatible with internationally recognised human rights”.  After keynotes from the highly respected speakers Lene Wendland, Officer of the UN High Commissioner for Human Rights, Colin Maclay of the Berkman Center and Sharon Hom of Human Rights in China, the companies shared their experiences and approach to addressing the challenges of incompatibility between national laws and human rights.

I outlined how Yahoo!’s BHRP is integrating human rights issues into the way we make business decisions across our organisation and gave some examples of how that integration has already paid dividends for the promotion of free expression and privacy, e.g. our human rights impact assessment in Vietnam, which resulted in our decision to manage and operate Yahoo!’s Vietnamese language services out of Singapore so the services would be governed by laws with stronger protections than in Vietnam today.

I also contended that it would be a mistake to focus only on countries with a poor record on human rights, as is illustrated by a recent Belgian court judgment against Yahoo!, and that such cases show the importance of implementing practices, such as those recommended by the GNI, consistently, throughout an organization, not just vis-à-vis certain countries.

The panel took questions ranging from Google’s recent China announcement, to the practical difficulties of respecting local content standards in the context of global products such as YouTube and Flickr, to the question of corporate accountability, which panel member Alexis Krajeski of F&C Management Ltd. explained was an important focus area for the GNI.

It was a privilege to contribute to the debate and to have the opportunity to learn and share ideas.  Yahoo!’s BHRP looks forward to continued efforts on these topics and to a positive outcome of the Special Representative’s mandate.

To share your views, please comment below, or join the debate on the Special Representative’s forum, at http://www.srsgconsultation.org.

by Jen Swallow| Legal Director EMEA | Product Compliance

Yahoo! at the UN

By Ebele Okobi-Harris | Director, Yahoo! BHRP

Victor Ricco | CEDHA

In October, Yahoo!’s BHRP had the honor of participating in the United Nation’s Office of the High Commissioner for Human Rights’ consultation on business and human rights in Geneva.  The consultation was presented by Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises,  John Ruggie, and chaired by the Ambassadors of Norway and Nigeria. More than 300 representatives from UN member states, human rights organizations, civil society, academia and business attended.

The Special Representative has the monumental task of defining the responsibilities companies should have in protecting human rights around the world. He began by creating a policy framework based on three principles:

1. The State duty to protect against human rights abuses by third parties, including business;
2. The corporate responsibility to respect human rights; and
3. The need for greater access by victims to effective remedies.

The Special Representative will complete his mandate by translating the policy framework into specific actions that companies and nations should take to protect human rights, and the consultation was an opportunity for people and organizations to give their ideas and views about what the final product should include.

To learn more about the policy framework, go to:  http://www2.ohchr.org/english/issues/trans_corporations/index.htm

I had the privilege of representing Yahoo! on a panel about the second principle, the corporate responsibility to respect human rights. I was asked to discuss the dilemmas companies like Yahoo! face when certain aspects of local laws, or their implementation, may conflict with international human rights norms, and to give recommendations on what the Special Representative should consider when developing specific guidelines for companies.

I talked about the power of technology and how access to the Internet is often even more important in countries that restrict free expression. I talked about the difficult choices companies face and how requiring information and technology companies to refrain from offering products and services in countries that restrict free expression can actually punish the citizens in those countries who rely on technology to communicate and connect with the outside world. I also asked the Special Representative to consider how the framework can show support for solutions like the GNI that draw upon the combined wisdom of companies, non-profits, academics, users and others.

To read the full text of my remarks, see here.

I learned a great deal from my co-panelists, including human rights giants like Jody Kollapen (former Chair of the South Africa Human Rights Commission, who represented Stephen Biko and who helped create the South African Truth and Reconciliation Commission), Auret van Heerden (President and CEO of the Fair Labor Association and former exile from the apartheid-era South African government) and Salvador Quishpe, who represented the indigenous Saraguro community of Ecuador. I’m honored to have represented Yahoo!, and the BHRP looks forward to learning more about the progress of the Special Representative’s mandate, and to future conversations with these and other stakeholders.

UN Rights Body Approves US-Egypt Free Speech Text

By BHRP

Flickr Creative Commons | Scazon

GENEVA (AP) — The U.N. Human Rights Council approved a U.S.-backed resolution Friday deploring attacks on religions while insisting that freedom of expression remains a basic right.

The inaugural resolution sponsored by the U.S. since it joined the council in June broke a long-running deadlock between Western and Islamic countries in the wake of the publication of cartoons depicting the Muslim Prophet Muhammad.

The resolution has no effect in law but provides Muslim countries with moral ammunition the next time they feel central tenets of Islam are being ridiculed by Western politicians or media through ”negative racial and religious stereotyping.”

American diplomats say the measure — co-sponsored by Egypt — is part of the Obama administration’s effort to reach out to Muslim countries.

”The exercise of the right to freedom of opinion and expression is one of the essential foundations of a democratic society,” the resolution states, urging countries to protect free speech by lifting legal restrictions, ensuring the safety of journalists, promoting literacy and preventing media concentration.

Rights groups cautiously welcomed the resolution as an improvement on earlier drafts, but said Egypt was in no position to lecture other countries about free speech as it has a poor record on the matter.

”Egypt’s cosponsorship of the resolution on freedom of expression is not the result of a real commitment to upholding freedom of expression,” said Jeremie Smith, Geneva director of the Cairo Institute for Human Rights Studies.

”If this were the case, freedom of expression would not be systematically violated on a daily basis in Egypt,” he said.

Others warned that the resolution appears to protect religions rather than believers and encourages journalists to abide by ill-defined codes of conduct.

”Unfortunately, the text talks about negative racial and religious stereotyping, something which most free expression and human rights organizations will oppose,” said Agnes Callamard, executive director of London-based group Article 19.

”The equality of all ideas and convictions before the law and the right to debate them freely is the keystone of democracy,” she said.

Although the resolution was passed unanimously, European and developing countries made it clear that they remain at odds on the issue of protecting religions from criticism.

Some Asian and African countries had called for stronger condemnation of articles, cartoons and videos they believe defames Islam.