Extraordinary Conditions: A Statutory Analysis of Haiti’s Qualification for TPS 1

CLIMATE AND ENVIRONMENT

Extraordinary Conditions

A Statutory Analysis of Haiti’s Qualification for TPS 1

This report presents the extraordinary conditions in Haiti that prevent nationals from safely returning. This report also discusses the unique political moment in which Haiti finds itself—a moment which contributes to the country’s challenges with stability and security, impeding its ability to safely receive its nationals. But it also shows where progress has been made, demonstrating that the conditions described here—while together constituting a pressing social and public health crisis—remain temporary. 

Since the U.S. government designated Haiti for Temporary Protected Status (TPS) in January 2010 after one of the world’s worst natural disasters, the country has undergone two additional catastrophes: the outbreak of cholera, introduced into Haiti’s waterways through reckless sanitation at a United Nations military base, and Hurricane Matthew, the strongest hurricane to hit Haiti in more than half a century. The Department of Homeland Security (DHS) designates countries for TPS in cases of ongoing armed conflict, natural disaster, or other extraordinary and temporary conditions that prevent the nationals of those countries who have emigrated from safely returning to their home country. The DHS redesignated Haiti for TPS in 2011, emphasizing the gravity of the damage that the earthquake had caused and the severity of one of the world’s worst cholera outbreaks. TPS has been extended for Haiti four times since redesignation. 

The conditions for which TPS is in effect remain, making it unsafe for Haitian nationals to return. These conditions include a housing crisis that has left families stranded in camps and in unsafe, makeshift shelters to this day; a cholera outbreak, sparked by United Nations troops just 10 months after the earthquake, which has caused nearly 10,000 deaths and more than 815,000 cases of illness—in a country of fewer than 11 million people; and a period of extreme hunger and malnutrition caused by drought and storms and exacerbated by the economic shocks of the earthquake and Hurricane Matthew. Matthew hit one of Haiti’s key food-producing areas. 

Although these events and conditions are extraordinary and harsh, they are temporary. The Haitian government has made impressive progress in reducing the number of cases of cholera and resulting deaths. As of 2017, Haiti finally has an elected president and a full parliament, for the first time since 2012. 

This report presents the extraordinary conditions in Haiti that prevent nationals from safely returning today. This report also discusses the unique political moment in which Haiti finds itself—a moment which contributes to the country’s challenges with stability and security, impeding its ability to safely receive its nationals. But it also shows where progress has been made, demonstrating that the conditions described here—while together constituting a pressing social and public health crisis—remain temporary.

Rhetoric vs Record: Communities Call out Barrick for Falling Short on Human Rights

CLIMATE AND ENVIRONMENT

Rhetoric vs Record: Communities Call out Barrick for Falling Short on Human Rights

Representatives of communities impacted by Barrick Gold’s mining operations claim the company systemically ignores their concerns. Despite President and CEO Mark Bristow’s claim that “recognizing and respecting human rights have long been a fundamental value” for the company, people living near Barrick operations in the Dominican Republic, Argentina, Tanzania, Papua New Guinea, the Philippines, Pakistan, and the United States tell a different story.

As Barrick prepares for its Annual General Meeting on May 2nd, frontline communities are launching a Week of Action from April 11-16 calling out the gap between Barrick’s rhetoric and record. They claim oppressive violence, perpetual water pollution, violations of Indigenous Rights, and destroyed livelihoods. Their experiences call Barrick’ social license to operate into question.

These community leaders are calling on Barrick to turn its rhetoric into reality: to listen to their demands, act transparently, and remedy the harms they have already experienced. Below are their statements.

“Barrick’s proposed Donlin Gold mine puts the Yup’ik and Cup’ik ways of life in harm’s way for the rest of time. Our people rely on our river and fish for food security and risking contamination with toxic slurries stands against our traditional values, which is shown with wide Tribal opposition to the Donlin project. I encourage Barrick to revoke their investment in Donlin Gold and the exploratory efforts 35 miles away. Barrick and partners do not have a social license or a relationship with the Tribes and it is important to understand for-profit Native corporations do not represent our people. Barrick does not have our consent.”

Statements

“Barrick has spilled toxic chemicals into the water of the Jáchal River multiple times, while operating in the heart of the San Guillermo Biosphere Reserve, an ecologically sensitive area. They have not been transparent about their impacts, which violates our democratic institutions. The solution is for the company to leave.”

“We have been calling for more than 20 years for justice for the people of the Island of Marinduque whose lives and livelihoods continue to be affected by the contamination of our rivers and marine areas from almost 30 years of irresponsible mining. Barrick is fighting us in our courts rather than providing the compensation we need to do the clean-up ourselves. Marinduqueños have waited long enough, it is time that Barrick lives up to its claims of being a responsible company and takes responsibility for the mess left behind in Marinduque.”

“We have never stopped advocating for justice for the many men, women, and children who have become the victims of the Porgera Joint Venture mine, through the pollution of our rivers, through the house burnings by mine security and police, and through the rapes and killings and beatings of our Ipili and Engan Indigenous people by mine security and police. We oppose Barrick reopening the mine until all the victims of Porgera Joint Venture have been fairly compensated and until we know that Barrick will clean up the mine waste that surrounds our houses.”

“Last December, Barrick Gold reached an unlawful agreement with the central government of Pakistan to extract gold and copper from the Reko Diq mining site. The locals in Balochistan, especially the locals surrounding the mining sites in Chaghi District, did not consent to this project. This violation not only threatens the region’s autonomy and environment but also exacerbates the difficulties already faced by the suppressed local population. Barrick Gold must disclose every detail of the agreement to the masses and the media, and stop working until the local people approve the project.”

“Barrick says they bring progress, but we are one of the poorest provinces in the country, even though we live next to one of the largest gold mines in the world. In 2012, Barrick Gold built the El Llagal tailings dam at the Pueblo Viejo mine. Twenty-one streams have dried up and the project has impacted two principal rivers, the Llagal and the Maguaca. Now, we receive drinking water from the government. We want to ask: if the company is allowed to destroy the streams and rivers that provided water to six communities, why hasn’t there been any efforts to relocate us to another area without all of the pollution and with access to water?”

“The environmental impacts generated by Barrick Gold have been devastating culturally and spiritually for the Western Shoshone, and yet the company claims to ensure responsible mining practices that respects, protects, and preserves our cultural heritage. Barrick’s attempt to mitigate for the protection and preservation of Western Shoshone cultural heritage is to provide funding to assist with establishing a cultural center and language program, funding support for local cultural activities, and trips for the elders to attend other cultural gatherings. This may all sound and look good but is it? Eventually, Western Shoshone people will become totally dependent on funding from an industry that sets out to destroy our homelands. There is no long-term benefit in the destruction of our land and culture.”

In addition to the statements above, Tanzanian Kuria peoples from villages surrounding the North Mara Gold Mine are currently in court in both the UK and Canada claiming excess use of force by mine security and police guarding the mine leading to deaths and maimings.

This post was originally published as a press release on April 11, 2023. 

The Global Justice Clinic partners with social movements and community organizations to prevent, challenge, and redress economic, racial, and climate injustice, while training the next generation of social justice lawyers. Statements of the Global Justice Clinic do not purport to represent the views of NYU, if any.

Earthworks is dedicated to protecting communities and the environment from the adverse impacts of mineral and energy development while seeking sustainable solutions.

MiningWatch Canada works toward a world in which Indigenous peoples can effectively exercise their rights to self-determination, communities must consent before any mining activities may occur, mineworkers are guaranteed safe and healthy conditions and there is effective access to justice and reparations for mining harms.

Prominent human rights expert admitted as amicus curiae in groundbreaking legal challenge to Ugandan national digital ID system

TECHNOLOGY & HUMAN RIGHTS

Prominent human rights expert admitted as amicus curiae in groundbreaking legal challenge to Ugandan national digital ID system

Today, at the High Court of Uganda in Kampala, the Hon. Justice Boniface Wamala issued a decision to admit the application of Professor Philip Alston of New York University School of Law to participate as amicus curiae, or ‘friend of the court’, in a petition for the enforcement of human rights challenging the use of the country’s national digital ID system as a pre-condition to access to public services.

The admission of the amicus application is a critical development in this groundbreaking litigation, the latest in a series of legal challenges that have raised concerns about national digital ID systems in countries including India, Kenya, and Jamaica. This case is one of the first globally to center concerns around social and economic rights. The applicants, three Ugandan civil society organizations, argue that the national digital ID system suffers from persistent and severe gaps in coverage, and its integration with the country’s social welfare programs has resulted in the exclusion of vulnerable and marginalized individuals from fundamental services such as social protection and healthcare.

“Given the importance of the national digital ID system and its mandatory usage, it is imperative that it is fully inclusive. All Ugandans, regardless of age or economic status, must be able to access their social welfare benefits,” said Professor Alston. “Today’s decision by the High Court is an important and welcome step in that direction.”

In a 32-page brief, Professor Alston seeks to assist the court in analyzing some of the novel legal questions at the heart of the case. He calls attention to the obligations of the Government of Uganda under international human rights law, the serious consequences that digital and non-digital barriers to public services may have on the enjoyment of rights, and the high burden of proof that falls on the government to justify any measure that leads to exclusion. The brief also emphasizes the need to ensure equal treatment and non-discrimination in the enjoyment of these rights, particularly given the high risk that any negative impacts of the digital ID system will continue to fall disproportionately on poor and marginalized groups.

“As many governments turn to digital ID systems to mediate access to essential public services, there is an urgent need for courts to ensure the protection of economic and social rights,” said Professor Alston.

Setting aside the objections of the two government respondents, the Attorney General and the National Identification & Registration Authority, Judge Boniface Wamala stated that the “positive benefits of the intervention as amicus curiae outweighs any possible opposition from the parties in the main cause. It is in public interest, the interest of justice, the protection and progressive development of human rights and socio-economic reform that the leave sought in the application is granted.”

“The court and by extension the multitude of Ugandans whose human rights the main petition is fighting to protect shall benefit from the input and expertise that Prof. Philip shall contribute in its adjudication,” said Counsel Elijah Enyimu, who represented Professor Alston. “The contents of the amicus brief shall be elucidatory on the standards and protections necessary for the realization of ESCR in Uganda.”

The Applicants and Respondents will be back in court to argue their cases on April 5, 2023. In the meantime, those who have missed out on social protection payments or been turned away from health centers due to their inability to access the national digital ID will continue to wait for a judicial decision.

This post was originally published as a press statement on March 24, 2023. 

Protect Human Rights Defenders and Peasants Facing Land Grabs

CLIMATE & ENVIRONMENT

Protect Human Rights Defenders and Peasants Facing Land Grabs

Haitian Human Rights Defender Milostène Castin Submits Communication to UN Special Rapporteur on Human Rights Defenders

On November 18, 2022, Global Justice Clinic client and colleague Milostène Castin submitted a formal communication to the Special Rapporteur on Human Rights Defenders, Mary Lawlor. 

The communication and supporting affidavit presents the threats that Mr. Castin has received against his life as a result of his solidarity and activism with peasants—subsistence farmers—including those who have been victim to forced, and often violent, takings of their land. It requests that the Special Rapporteur send an urgent appeal to the Haitian Government regarding Mr. Castin’s case. The submission was made on November 18th in recognition of the Battle of Vertières, which marked the victory of the enslaved population of Haiti overthrowing Napoleon’s army.

Mr. Castin is the Coordinator for AREDE, Action pour la Reforestation et la Defense de l’Environnement (Action for Reforestation and Defense of the Environment) and has collaborated with the Global Justice Clinic for the past ten years. Mr. Castin has tirelessly defended the rights of peasants in rural Haiti, documenting and challenging land seizures and forced displacement. He has also spoken forcefully about the impacts of extractivism and the climate crisis on peasant communities, for example presenting on environmental racism and climate (in)justice in Haiti at NYU in October 2022, at an event to mark the launch of former Special Rapporteur on contemporary forms of racism E. Tendayi Achiume’s final thematic report.

Mr. Castin has been attacked and intimidated due to his work for many years. The Global Justice Clinic works with Freshfields Bruckhaus Deringer to represent Mr. Castin in relation to the threats against him.

Mr. Castin held a press conference in Haiti to coincide with his submission to the Special Rapporteur and to call attention to the ongoing threats to peasant rights in Haiti, particularly land grabs and extractivist projects. He continues to call on Haitian authorities to respect and protect the rights guaranteed by the Haitian Constitution of 1987, the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, the International Convention on Economic, Social, and Cultural Rights, and the Universal Declaration on Human Rights.

This post was originally posted as a press release on November 21, 2022.

Global Justice Clinic Stands in Solidarity with Indigenous Peoples’ Demands at COP27

CLIMATE & ENVIRONMENT

Global Justice Clinic Stands in Solidarity with Indigenous Peoples’ Demands at COP27

The Global Justice Clinic stands in solidarity with our partners, the South Rupununi District Council, and the broader International Indigenous Peoples’ Forum on Climate Change, also known as the Indigenous Peoples’ Caucus (IPC) as they attend COP27 to advocate for the respect of Indigenous rights in the fight against climate change.

In its opening statement at COP27, the IPC drew attention to the dire impact that the climate crisis has on Indigenous Peoples. The statement, delivered by youth representative Nourene Ahmat Yaya, states that “[c]limate change is a matter of life and death . . . [G]lobal temperatures are increasing, threatening genocide for Indigenous Peoples in Africa, the Arctic, Coastal, Small Islands, and all other ecosystems.” The statement asserts the inherent, collective, and internationally recognized rights of Indigenous Peoples to life, self-determination, territories, and free, prior, and informed consent.

The IPC highlights the need for full and direct participation of Indigenous Peoples in UNFCCC processes and in State actions to combat climate change.   The statement calls on States to include clear indicators for drastic reductions of greenhouse gas emissions in their Nationally Determined Contributions to maintain the Paris Agreement’s 1.5-degree global average temperature increase commitment, noting that the Paris Agreement commits states to respect and promote their obligations to Indigenous Peoples when taking steps toward climate action.

The Global Justice Clinic has a long-standing partnership with the South Rupununi District Council (SRDC), the representative body of the indigenous Wapichan people of Guyana. The Wapichan people are the traditional inhabitants of the Rupununi region of southwestern Guyana. They model sustainable relationships with the earth and practice stewardship of their land as a central tenet of their collective identity. The SRDC has repeatedly asserted the importance of land rights and self-determination in furthering the Wapichan people’s ability to continue their traditional way of life, and to ensure the transmission of customary values between generations.

As such, the Global Justice Clinic supports Immaculata Casimero, Alma O’Connell, and Timothy Williams, SRDC representatives attending COP27, in demanding that the Guyanese government fulfill its obligations to grant legal recognition of the Wapichan territory and recognize the Wapichan people’s contribution to combating the global climate crisis. The SRDC’s effective management and continued protection of Wapichan territory is hindered by national policy that does not recognize their rights to their full territory.

The Global Justice Clinic also joins the IPC and Indigenous rights advocates in underscoring the risks that voluntary carbon markets and the sale of  ‘ecosystem services’ pose to Indigenous Peoples’ rights. These market-based climate solutions risk undermining Indigenous Peoples’ land rights and allowing parties in the Global North to continue exploiting the world’s natural resources without meaningfully contributing to real emissions reductions. The Global Justice Clinic echoes the SRDC’s concerns over the lack of meaningful free, prior, and informed consent in engaging villages over Guyana’s Low-Carbon Development Strategy, which aims to use voluntary carbon markets to become a leader in climate change.

We call on governments at COP27 to listen to Indigenous Peoples. We continue to echo the IPC’s demands for swift action to truly reduce emissions and honor the rights and knowledge of the Indigenous caretakers of our planet.

This post was originally published as a press release on November 18, 2022.

The Aadhaar Mirage: A Second Look at the World Bank’s “Model” for Digital ID Systems

TECHNOLOGY & HUMAN RIGHTS

The Aadhaar Mirage: A Second Look at the World Bank’s “Model” for Digital ID Systems 

Drawing inspiration from India’s Aadhaar system, the World Bank is promoting a dangerous digital ID model in the name of providing “a legal identity for all.” But rather than providing a model, Aadhaar is merely a mirage—an illusion of inclusiveness, accuracy, and universal identity.

Last month saw the publication of a report on the World Bank’s ill-conceived approach to digital ID, described as “essential reading for all concerned about human rights and development” by former UN Special Rapporteur on Extreme Poverty and Human Rights Philip Alston. As the press release summarizes:

Governments around the world have been investing heavily in digital identification systems, often with biometric components (digital ID). The rapid proliferation of such systems is driven by a new development consensus, packaged and promoted by key global actors like the World Bank, but also by governments, foundations, vendors, and consulting firms. This new ‘manufactured consensus’ holds that digital ID can contribute to inclusive and sustainable development—and is even a prerequisite for the realization of human rights.”

The report argues that India’s digital identification system has been central to the formation and promotion of this consensus. This has also been increasingly clear to me in my experience as an economist and identity management consultant who has provided advisory services to the World Bank. For the World Bankand particularly its Identification for Development (ID4D) cross-sectoral practicethe Indian system, named Aadhaar, has become the singular answer to development and a key source of inspiration. This continues irrespective of the body of evidence which shows how poorly a “fit” the Aadhaar system is for identity management in India, and even more so elsewhere. Aadhaar represents a mirage: it is not evidencing the universality, inclusiveness, unprecedented enrollment speed, meaningful legal identity, nor accuracy that it is claimed to represent.

The World Bank’s own data on the completeness of ID systems displays the “20/80-rule”: the overwhelming odds are that digital ID systems not building on a functional civil registration system (in which births, deaths, marriages and so forth are recorded) will exclude 20% or more of (mostly vulnerable) people, or they will take at least 80 years to cover all. Many developing countries often abandon underperforming ID-systems obtained at great cost, only to launch new and even more sophisticated systems. Instead of using existing service infrastructure for civil registration, new digital ID systems are rolled out through a quick fix “mobile campaign,” held once or twice, with mobile enrollment kits and temporary enrollment staff. But this invariably leaves a coverage and service void behind.

But what about Aadhaar, then? Hasn’t Aadhaar enrolled almost all of the Indian population (1.29 billion by March 2021, out of 1.39 billion), in just a decade (from September 2010­), at minimal cost (USD $1.60/enrollment)? If one believes the data from the Unique Identification Authority of India (UIDAI), then yes. But independent data are unavailable; UIDAI controls the message—even the Comptroller and Auditor General of India (CAG) had to use UIDAI data for its first ever audit of Aadhaar. Still, CAG found that UIDAI’s operational and financial management have been utterly deficient. Claims about Aadhaar’s impressive coverage and universality might, then, be questionable. Neither is the database accurate: the Aadhaar system has no way of weeding out dead enrollees (about 80 million in 10 years) or people leaving India (including Indian citizens). CAG also found UIDAI’s digital archiving and its collection and storage of the physical documents that back up enrollments to be inadequate.

Furthermore, claims about the uniqueness guaranteed by biometric technologies within Aadhaar are also illusory. There is no uniqueness for the approximately 25 million children under five years old enrolled in the database. Multiple Aadhaars were issued to the same persons, while different Aadhaar numbers associated with the same biometric data were issued to multiple people. Fingerprint authentication success for 2020-21 was only (an unverifiable) 74-76%. This may well be the canary in the coalmine, indicating exaggerated coverage claims for Aadhaar. Indeed, a Privacy International study explains the very statistical impossibility of a unique biometric profile in a population of 1.39 billion people. Rather, each Indian person has an average of 17,500 indistinguishable biometric “doubles.”

These claims about the benefits of biometrics have far-reaching implications as Aadhaar is linked to other areas of governance. A new law provides for the use of Aadhaar to verify the electoral roll. Weeding out “ghost entries” when the uniqueness and de-duplicated nature of the Aadhaar database is disproved is a doomed exercise, and represents another potential threat to India’s democracy.

Aadhaar’s “big numbers” are a mirage too. Proponents claim that over a billion were newly enrolled at record speed at low cost. But this is not as unprecedented as is suggested. For elections in India, 900 million voters are registered or verified every five years—which tops Aadhaar’s enrollment accomplishment. And India’s bureaucracy has long provided multiple forms of documentation; for proof of identity, date of birth, and address, enrollees can choose from a menu of no less than 106 valid documents. Less than 3 in 10,000 enrollees lacked valid ID prior to Aadhaar enrollment by 2016. The Aadhaar system is a duplication which simply adds on biometrics—which, as we saw, are not the holy grail they are claimed to be. To suggest that other countries, which do not have this multitude of breeder documents and existing enrollment capacities, can copy the Aadhaar approach and obtain widespread coverage, is an illusion.

In respect of claims that Aadhaar brings down costs and increases efficiencies: these costs are applicable only in India. I have found that digital ID systems in many African countries cost 5 to 10 times more per capita than India’s ID system. The high failure rates of ID-systems in many developing countries add to the unbearable costs for poorer countries and their more vulnerable people.

This cries out for a better identity management model—one that is centered around citizenship, with civil registration as the foundation, which seeks to guarantee rights. A model closer to northern European identity management systems comes to mind, or one that is already in use in South Africa. Such systems stand in contrast with Aadhaar, which seeks to side-step the “pesky political issue” of citizenship. This is perhaps the most serious and dangerous element of the mirage: Aadhaar only provides an “economic identity” (with rights limited to government hand-outs, and “voluntary” use for private services), which aims to facilitate economic transactions and private sector service delivery. The UIDAI, then, insists that Aadhaar has “nothing to do with the citizenship issue.”

But Aadhaar’s “citizenship-blindness” is make-believe. Enrollment into Aadhaar was selective in Assam state, for example, where the issuance of digital ID was linked to citizenship determinations. Suddenly, Aadhaar proved to be an exclusionary “citizenship ID” after all. Aadhaar has dangerously played into worrying trends, such as the Citizenship Amendment Act and widespread lack of proof of citizenship—all while proponents claim that it is a model of how to achieve “legal identity for all.”

Aadhaar proves to be a mirage that we see while traveling on “the road to hell,” which is paved with imaginary intentions and is leading to a deadly development destination. Its presentation as a “model” digital ID system should be urgently reconsidered.

July 14, 2022. Drs. Jaap van der Straaten, MBA, is an economist and identity management consultant. In 2016­–2017, he provided advisory services to the World Bank’s ID4D practice. He has published extensively on Elsevier’s SSRN and ResearchGate.

Racism Causes Climate Vulnerability in Haiti: Collaborative Submission to the UN Special Rapporteur on Contemporary Forms of Racism

CLIMATE & ENVIRONMENT

Racism Causes Climate Vulnerability in Haiti

Collaborative Submission to the UN Special Rapporteur on Contemporary Forms of Racism

On June 20, 2022 the Global Justice Clinic and seven Haitian organizations made a submission  to the UN Special Rapporteur on Contemporary Forms of Racism, demonstrating how racism shapes Haitians’ experience of the global climate crisis.  The submission by the Clinic and partners in Haiti — Action pour la Reforestation et la Defense de l’Environnement (Action for Reforestation and Defense of the Environment, AREDE), Commission Épiscopale Nationale Justice et Paix (National Episcopal Commission, Justice and Peace, CE-JILAP), Equal Health, Social Medicine Alumni (SMAH), Kolektif Jistis Min (Justice Mining Collective, KJM), Konbit Ekolojis Sid (Working Together for Ecology, South, KES), Mouvman Fanm Mouvman Peyizan Papay (Women’s Movement of the Peasants’ Movement of Papay, MPP), Sant Altènatif Kominote ak Lapè (Alternative Center for Community and Peace, SAKALA) and Sosyete Kiltirèl Jen Ayisyen (Haitian Youth Cultural Society, SOKIJA) — will inform the Special Rapporteur’s upcoming report to the UN General Assembly on racial and climate justice.

Haiti is consistently named as one of the five countries most vulnerable to climate change in the world. Drawing on the perspectives and experiences of Haitian community organizers, advocates, and social movement leaders, the submission highlights the ways in which the climate crisis is already devastating Haitian communities and reinforcing marginalization — with rural farmers, women, and poor urban communities bearing the worst impacts — and briefly outlines the racist roots of the country’s climate vulnerability. The submission also outlines how racism and xenophobia assure that Haitian migrants experience disproportionate climate vulnerability and harms wherever they live, even beyond Haiti’s borders. An annex presents written statements prepared by contributing Haitian organizations.

As the Special Rapporteur presents her report this fall ahead of COP 27, the submission argues that Haiti exemplifies that just responses to the global climate crisis must center racial justice.

This post was originally published as a press release on July 6, 2022.

Clinics call on the U.S. government to take urgent steps to address insecurity and gang violence in Haiti

HUMAN RIGHTS MOVEMENT

Clinics call on the U.S. government to take urgent steps to address insecurity and gang violence in Haiti

The NYU Global Justice Clinic, the International Human Rights Clinic at Harvard Law School, and the Lowenstein International Human Rights Clinic at Yale Law School call on the U.S. government to take urgent steps to address insecurity and gang violence in Haiti.  The clinics are deeply concerned that the U.S. government continues to support de facto Prime Minister Ariel Henry, despite strong evidence of his government’s involvement in broadening violence.  The Clinics are alarmed about recent and serious threats against human rights defenders, particularly concerning staff of the Réseau National de Défense des Droits Humains (RNDDH). The status quo puts human rights defenders—and all Haitian people—at risk.  The clinics are in close contact with Haitian civil society, and stress that recent U.S. legislation, the Haiti Development, Accountability, and Institutional Transparency Act and the Global Fragility Act, recognizes the right of Haitian people to self-determination. Together, the clinics urge the U.S. government to:

  1. Support Haitian-led investigation of and accountability for human rights abuses
  2. Ensure transparency in the U.S. investigation of the murder of former President Jovenel Moïse
  3. Take concrete, effective steps to enforce U.S. laws on arms trafficking
  4. Shift support from Dr. Henry towards an inclusive and Haitian-led political process.

June 27, 2022. Statements of the Global Justice Clinic do not purport to represent the views of NYU or the Center, if any.

The World Bank and co. may be paving a ‘Digital Road to Hell’ with support for dangerous digital ID

TECHNOLOGY & HUMAN RIGHTS

The World Bank and co. may be paving a ‘Digital Road to Hell’ with support for dangerous digital ID

Global actors, led by the World Bank, are energetically promoting biometric and other digital ID systems that are increasingly linked to large-scale human rights violations, especially in the Global South. A report by researchers at New York University warns that these systems, promoted in the name of development and inclusion, might be achieving neither. Rather than the equitable digital future envisioned by the World Bank and its Identification for Development (ID4D) Initiative, the report argues that “despite undoubted good intentions on the part of some, [these systems] may well be paving a digital road to hell.”

Report cover: Paving a digital road to hell?

The report, at over 100 pages, is intended to be a “carefully researched primer as well as a call to action to all of those with an interest in safeguarding human rights to set their gaze more firmly on the multidimensional dangers associated with digital ID systems.” Governments around the world have been investing heavily in digital identification systems, often with biometric components (digital ID). The rapid proliferation of such systems is driven by a new development consensus, packaged and promoted by key global actors like the World Bank, but also by governments, foundations, vendors and consulting firms. This new ‘manufactured consensus’ holds that digital ID can contribute to inclusive and sustainable development—and is even a prerequisite for the realization of human rights.

Drawing inspiration from the Aadhaar system in India, the dangerous digital ID model that is being promoted prioritizes what the primer refers to as an ‘economic identity’.  The goal of such systems is primarily to establish ‘uniqueness’ of individuals, commonly with the help of biometric technologies. The ultimate objective of such digital ID systems is to facilitate economic transactions and private sector service delivery while also bringing new, poorer, individuals into formal economies and ‘unlocking’ their behavioral data. As the Executive Chairman of the influential ID4Africa, a platform where African governments and major companies in the digital ID market meet, put it at the start of its 2022 Annual Meeting earlier this week, digital ID is no longer about identity alone but “enables and interacts with authentication platforms, payments systems, digital signatures, data sharing, KYC systems, consent management and sectoral delivery platforms.”

Unlike ‘traditional systems’ of civil registration, such as birth registration, this new model of economic identity commonly sidesteps difficult questions about the legal status of those it registers and the rights associated with that status. The promises of inclusion and flourishing digital economies might appear attractive on paper, but digital ID systems have consistently failed to deliver on these promises in real world situations, especially for the most marginalized. In fact, evidence is emerging from many countries, most notably the mega digital ID project Aadhaar in India, of the severe and large-scale human rights violations linked to this model. These systems may in fact exacerbate pre-existing forms of exclusion and discrimination in public and private services. The use of new technologies may furthermore lead to novel forms of harm, including biometric exclusion, discrimination, and the many harms associated with “surveillance capitalism.”

Meanwhile, the benefits of digital ID remain ill-defined and poorly documented. From what evidence does exist, it seems that those who stand to benefit most may not be those “left behind”,but instead a small group of companies and governments. After all, where digital ID systems have tended to excel is in generating lucrative contracts for biometrics companies and enhancing the surveillance and migration-control capabilities of governments.

With such powerful backing, digital ID has taken on the guise of an unstoppable juggernaut and inevitable hallmark of modernity and development in the 21st century, and the dissenting voices of civil society have been written off as Luddites and barriers to progress. Nevertheless, the report calls on human rights organizations, other civil society organizations, and advocates who may have been on the sidelines of these debates to get more involved.  The actual and potential human rights violations arising from this model of digital ID can be severe and potentially irreversible. The human rights community can play an important role in ensuring that such transformational changes are not rushed and are based on serious evidence and analysis. It can also ensure that there is sufficient public debate, with full transparency and involving all relevant stakeholders, not in the least the most marginalized and most affected individuals. Where necessary to safeguard human rights, such dangerous digital ID systems should be stopped altogether.

This post was originally published as a press release on June 17, 2022.

Paving a Digital Road to Hell? A Primer on the Role of the World Bank and Global Networks in Promoting Digital ID

TECHNOLOGY AND HUMAN RIGHTS

Paving a Digital Road to Hell? 

A Primer on the Role of the World Bank and Global Networks in Promoting Digital ID

Around the world, governments are enthusiastically adopting digital identification systems. In this 2022 report, we show how global actors, led by the World Bank, are energetically promoting such systems. They proclaim that digital ID will provide an indispensable foundation for an equitable, inclusive future. But a specific model of digital ID is being promoted—and a growing body of evidence shows that this model of digital ID is linked to large-scale human rights violations. In this report, we argue that, despite undoubted good intentions, this model of digital ID is failing to live up to its promises and may in fact be causing severe harm. As international development actors continue to promote and support digital ID rollouts, there is an urgent need to consider the full implications of these systems and to ensure that digital ID realizes rather than violates human rights.

In this report, we provide a carefully researched primer, as well as a call to action with practical recommendations. We first compile evidence from around the world, providing a rigorous overview of the impacts that digital ID systems have had on human rights across different contexts. We show that the implementation of the dominant model of digital ID is increasingly causing severe and large-scale human rights violations, especially since such systems may exacerbate pre-existing forms of exclusion from public and private services. The use of new technologies may also lead to new forms of harm, including biometric exclusion, discrimination along new cleavages, and the many harms associated with surveillance capitalism. Meanwhile, the promised benefits of such systems have not been convincingly proven. This primer draws on the work of experts and activists working across multiple fields to identify critical concerns and evidentiary gaps within this new development consensus on digital ID.

The report points specifically to the World Bank and its Identification for Development (ID4D) Initiative as playing a central role in the rapid proliferation of a particular model of digital ID, one that is heavily inspired by the Aadhaar system in India. Under this approach to digital ID, the aim is to provide individuals with a ‘transactional’ identity, rather than to engage with questions surrounding legal status and rights. We argue that a driving force behind the widespread and rapid adoption of such systems is a powerful new development consensus, which holds that digital ID can contribute to inclusive and sustainable development—and is even a prerequisite for the realization of human rights. This consensus is packaged and promoted by key global actors like the World Bank, as well as by governments, foundations, vendors and consulting firms. It is contributing to the proliferation of digital ID around the world, all while insufficient attention is paid to risks and necessary safeguards.

The report concludes by arguing for a shift in policy discussions around digital ID, including the need to open new critical conversations around the “Identification for Development Agenda,” and encourage greater discourse around the role of human rights in a digital age. We issue a call to action for civil society actors and human rights stakeholders, with practical suggestions for those in the human rights ecosystem to consider. The report sets out key questions that civil society can ask of governments and international development institutions, and specific asks that can be made—including demanding that processes be slowed down so that sufficient care is taken, and increasing transparency surrounding discussions about digital ID systems, among others—to ensure that human rights are safeguarded in the implementation of digital ID systems.