"The pandemic made inequality, discrimination, exclusion and structural inequity more palpable, and rather than stagnating in indignation, it reactivated a sense of rebellion and contestation. The strength and sharpness with which we connect social justice, gender justice, environmental justice, eco
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nomic justice and racial justice with the potentials and limitations of digital technologies is undeniable. Using this intersectional lens, we need to document and build our own narratives about the challenges that we face related to the impacts of the pandemic and reflect on how our advocacy priorities as well as the ways we do advocacy are changing and keep being modified and adjusted. At APC we have strengthened capacity to design and implement collective and contextual community responses to the multiple challenges and crises that we face, while having a greater awareness of the kind of global responses that should be prioritised, based on shared but differentiated responsibilities [...] GISWatch 2021-2022 focuses on responses to some of the fundamental questions brought by the pandemic to inform civil society’s advocacy around digital technology issues and their potential to shape future horizons. As illustrated on our cover, a sustained struggle will be necessary in the years ahead, but not only in the public spaces. A nuanced approach to advocacy will be essential to open multiple ways to bring about positive change." (Preface, page 6)
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"The objective of this report is to make available a resource that can be used by lawyers, policy experts and civil society to gauge the trajectory of judicial discourse on digital rights and use this as a tool to advocate for greater protections. This is not a compendium of all cases relating to th
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e topics dealt with. For studying the cases, the researchers developed a workbook that collated decisions available in online databases including CYRILLA and the Columbia University’s Global Freedom of Expression database. Resources developed by national groups on the state of digital rights in their countries provided critical guidance. The cases selected naturally fell into three categories of Access, Privacy and Freedom of expression. A key challenge faced, while developing this research, relates to collection of data. In many of the countries (except India), case laws are not easily available on free, open and searchable case law databases. Judgements and orders are often not available or are difficult to access on official court websites. In some countries, many of the decisions or orders relating to digital rights were not reported and thus were inaccessible. In a few instances, particularly for Nepal and Pakistan, some judgements were not available in English and reliance had to be placed on the analysis of the judgement provided by researchers with knowledge of the local language. The countries selected share similar legal systems and challenges in the exercise and enjoyment of digital rights. Some of the issues covered by the report include discussions around access to the internet and its impact on other rights as well as network shutdowns. Judicial pronouncements in relation to privacy, surveillance, national identity programmes, data protection have been analysed across jurisdictions. A significant number of cases studied related to challenges surrounding freedom of expression. Judgements on access to the internet indicate that there is some recognition of the central role the internet and connectivity play in the lives of all individuals. Cases discussed in this report include judgements relating to equitable telecast rights, instances where use of mobile phones were prohibited, providing limited internet access to prisoners, recognition of medium of information being protected and multiple cases on network shutdowns." (Overview and refelections, page 7)
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"This report outlines the international human rights standards and processes related the protection of freedom of expression and religious belief, and discusses regional trends and challenges. The nine country case studies include the stories of many people across the region struggling to defend fre
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edom of expression and promote an understanding of free expression that this is consistent with the expression of religious views. Some of the stories are horrifying – people are being killed for what they believe and say while exercising their rights to express that belief. It also provides an overview of the relevant laws and standards which impinge on people’s rights in each of these countries. It is a challenge to governments in the region to recognise their responsibility to protect the rights of their own citizens. The Jakarta Declaration set out in this report is a stirring declaration of the responsibilities, not just of governments but of all the relevant actors. It set out a clear path to the essential task of protecting rights to free expression in the region and ultimately, to the protection of religious belief itself." (Andrew Puddephatt, page 8)
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