The United States is facing reproach from fellow United Nations members for domestic and international espionage. On November 1st United Nations’ diplomats from Germany and Brazil began circulating a draft resolution appealing to the UN High Commissioner for Human Rights to probe “the protection of the right to privacy in the context of domestic and extraterritorial, including massive, surveillance of communications, their interception and collection of personal data.” The draft resolution will also be orally presented to the UN General Assembly’s committee on social and humanitarian affairs.
The proposed resolution is in response to anger over allegations regarding the United States National Security Agency’s (NSA) surveillance practices. Fugitive former United States intelligence contractor Edward Snowden was a source of the information on the United States’ spying. The situation presents an interesting example of the interaction between technology, domestic law, international law, human rights, and foreign affairs. Critics regard the NSA’s practices as a violation of the right to privacy, and thus a human rights violation. The right to privacy is guaranteed in Article 12 of the Universal Declaration of Human Rights, which was adopted by the UN General Assembly in 1948.
Germany and Brazil are specifically concerned about reports that the NSA may have tapped the mobile phone of German Chancellor Angela Merkel and spied on the private email communications of Brazilian President Dilma Rousseff. Both leaders have denounced the NSA’s spying. German intelligence chiefs met with White House representatives in Washington, DC this week. In contrast, President Rousseff canceled a planned visit to the United States.
The draft resolution calls for a report to be developed by the UN human rights chief during the next two years. The purpose of the report would be to clarify the principles, standards, and best practices for conducting national security surveillance within the boundaries of international human rights law, including “digital communications [monitoring] and the use of other intelligence technologies.” The proposal also recommends that members review and improve their surveillance practices and oversight mechanisms. If the resolution is passed, it could carry political weight and establish a forum for other members to object to the NSA’s practices, although resolutions adopted by the General Assembly are non-binding on member nations.