Response to the White House Office of Science and Technology Policy’s Request for Information on Biometric Identification Technologies

TECHNOLOGY AND HUMAN RIGHTS

Response to the White House Office of Science and Technology Policy’s Request for Information on Biometric Identification Technologies

In January 2022, the Digital Welfare State & Human Rights Project team at the Center together with their partners at the Institute for Law, Innovation & Technology (iLIT) at Temple University, Beasley School of Law, submitted expert commentary to the United States White House’s Blueprint for an AI Bill of Rights initiative. 

The White House Office of Science and Technology Policy (OSTP) had embarked on an initiative to design a “Bill of Rights for an AI-Powered World,” and issued a Request for Information on Biometric Identification Technologies. The OSTP asked for input from varied experts to provide information about the scope and extent of the usage of biometric technologies, and to help the OSTP to better understand ‘the stakeholders that are, or may be, impacted by their use or regulation.’ In response to this request, our team submitted a 10-page submission to provide international and comparative information to inform OSTP’s understanding of the social, economic, and political impacts of biometric technologies, in research and regulation. The submission discusses the implications of AI-driven biometric technologies for human rights law, democracy, and the rule of law, and provides information about the ways in which various groups and communities can be negatively impacted by such technologies.

In this submission, we sought especially to draw attention to the importance of learning from other countries’ experiences with biometrics, and to show that the implications of biometric technologies go far beyond the frequently-raised concerns about surveillance and privacy. We therefore provided a range of comparative examples from countries around the world where biometric technologies have been adopted, including within essential services such as social security and housing sectors. We argued that the OSTP, in drafting its upcoming “AI Bill of Rights,” should learn from these comparative examples, to take account of how biometric technologies can affect social rights such as health, social security, education, housing, and employment. The submission also urges the OSTP to place constraints on the actions of the U.S. government and U.S. companies abroad.

This submission fed into the United States White House’s Blueprint for an AI Bill of Rights, released in October 2022. The Blueprint has since laid the groundwork for regulatory efforts to assess, manage, and prevent the risks posed by AI in the United States and abroad, and has been built upon in subsequent policy efforts.

GJC Among Organizations Demanding Halt to Deportations of Haitian Migrants Amidst Worsening Crisis in Haiti

HUMAN RIGHTS MOVEMENT

GJC Among Organizations Demanding Halt to Deportations of Haitian Migrants Amidst Worsening Crisis in Haiti

The Global Justice Clinic, in collaboration with several human rights and migrant rights organizations, jointly issued a factsheet analyzing the ongoing crisis of U.S. deportations and expulsions to Haiti in the midst of an ever-worsening political and humanitarian crisis. It shows the numerous ways the U.S. has violated its legal obligations to Haitian migrants.

Recommendations include an immediate end to deportations to Haiti, the restoration of access to asylum, and an end to the U.S. government’s discriminatory treatment of Haitian migrants. The signatories of the statement include Haitian organizations Groupe d’Appui aux Rapatriés et Réfugiés (Support Group for Repatriated People and Refugees, GARR), Rezo Fwontalye Jano Siksè (Jano Siksè Border Network, RFJS), and Service Jésuite aux Migrants-Haiti (Jesuit Service for Migrants-Haiti, SJM).

Additional signatories include Amnesty International, the Center for Gender & Refugee Studies, Haitian Bridge Alliance, and Refugees International.

This post was originally published as a press release on December 16, 2021.

India’s New National Digital Health Mission: A Trojan Horse for Privatization

TECHNOLOGY & HUMAN RIGHTS

India’s New National Digital Health Mission: A Trojan Horse for Privatization

Through the national Digital Health ID, India’s Modi government is implementing techno-solutionist and market-based reforms to further entrench the centrality of the private sector in healthcare. This has serious consequences for all Indians, but most of all, for its vulnerable populations.

On August 15, 2021, India’s Prime Minister Narendra Modi launched the National Digital Health Mission (NDHM), under which every Indian citizen is to be provided with a unique digital health ID. This ID will contain patients’ health records—including prescriptions, diagnostic reports, and medical histories—and will enable easy access for both patients and health service providers. The aim of the NDHM is to allow patients to seamlessly switch between health service providers by facilitating their access to patients’ health data and enabling insurance providers to quickly verify and process claims. Accessible registries of health master data will also be created. But this digital health ID program is emblematic of a larger problem in India—the government’s steady withdrawal from healthcare, both as welfare and as a public service.

The digital health ID is a crucial part of Modi’s plans to create a new digital health infrastructure called the National Health Stack. This will form the health component of the existing India Stack, which is defined as “a set of digital public goods” that are intended to make it easy for innovators to introduce digital services in India across different sectors. The India Stack is built on the existing foundational user-base provided by Aadhaar digital ID numbers. A “Unified Health Interface” will be created as a digital platform to manage healthcare-related transactions. It will be administered by the National Health Authority (NHA), which is also responsible for administering the flagship public health insurance scheme, the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), providing health coverage for around 500 million poor Indians.

The Modi government proclaims that the NDHM and digital health ID will revolutionize the Indian healthcare system through technology-driven solutions. But this glosses over the government’s real motive, which is to incentivize the private sector to participate in and rescue India’s ailing healthcare system. Rather than invest more funds in public health infrastructure, the Indian government has decided to outsource healthcare services to private healthcare providers and insurance companies, using access to vast troves of health data as the proverbial carrot.
Indeed, the benefits of the NDHM for the private healthcare sector are numerous. It will provide valuable, interoperable data in the form of “health registries” which link data silos and act as a “single source of truth” for all healthcare stakeholders. This will enable quicker processing of claims and payments to health service providers. In an op-ed lauding the NDHM, the head of a major Indian hospital chain noted that the NDHM will “reduce administrative burden related to doctor onboarding, regulatory approvals and renewals, and hospital or payer empanelment.”
The government appears to have learned its lessons from the implementation of the AB-PMJAY, which allowed people below the poverty line to purchase healthcare services through state-funded health insurance. Although the scheme included both private and public hospitals, it relied heavily on private hospitals, as public hospitals lacked sufficient facilities. However, not enough private hospitals onboarded because rates were non-competitive as compared to the market, and because the scheme was plagued by long delays in insurance payments and insurance fraud. But, instead of building up public healthcare and reducing dependency on the private sector, the government is eager to fix this problem by providing better incentives to private providers through the NDHM.

Meanwhile, it is unclear what the benefits to the public will be. Digitizing the healthcare system and making it easier for insurance companies to pay private hospitals for services does not solve more urgent and serious problems, such as the lack of healthcare facilities in rural areas. The COVID-19 pandemic saw public hospitals playing a dominant role in treatment and vaccination, while private hospitals took a backseat. Given this, increasing the reliance placed on the private healthcare system through the NDHM is counterintuitive.

This growing reliance on the private sector is also likely to further disadvantage people living in poverty. The lack of suitable government hospitals forces people into private hospitals, and they are often required to pay more than the amount covered by the government-funded AB-PMJAY. Further, India’s National Human Rights Commission has taken the position that denial of care by private service providers is outside its ambit, notwithstanding their enrollment into state-funded insurance schemes like AB-PMJAY. Also, as the digital health ID will enable insurance companies’ access to sensitive health data, they may deny insurance or charge higher premiums to those most in need, thereby further entrenching discrimination and inequalities. Getting coverage with a genetic disorder, for instance, is already extremely difficult in India, something a digital health ID could worsen because insurance companies could access this information, rendering premiums prohibitively expensive for millions who need it. Digitization also renders highly-personal health records susceptible to breaches: such privacy concerns led many persons living with HIV to drop out of treatment programs when antiretroviral therapy centers began collecting Aadhaar details from patients.

Not having a digital health ID could lead to exclusion from vital healthcare. This is not a hypothetical. The government had to issue a clarification that no one should be denied COVID-19 vaccines or oxygen for lack of Aadhaar after numerous concerning reports, including allegations that a patient died after two hospitals demanded Aadhaar details which he did not have.

Nonetheless, plans are speeding ahead as the “usual suspects” of India’s techno-solutionist projects turn their efforts to healthcare. RS Sharma, the ex-Director General of the government agency responsible for Aadhaar, is the current CEO of the NHA. The National Health Stack was reportedly developed in consultation with i-SPIRT, a group of so-called “volunteers” with private sector backgrounds who act as a go-between between the Indian government and the tech sector and played a vital role in embedding Aadhaar in society through private companies. A committee set up to examine the merits of the National Health Stack was headed by another former UIDAI chairman.

Steered by individuals with an endless faith in the power of technology and in the private sector’s entrepreneurial drive to save the Indian government and governance, India is determinedly marching forward with its technology-driven and market-based reforms in public services and welfare. This is all underlined by a heavy tendency towards privatization and is in turn inspired by the private sector. The NDHM, for instance, is guided by the tagline “Think Big, Start Small, Scale Fast,” a business philosophy for start-ups.

Perhaps most concerningly, the neoliberal withdrawal of government from crucial public services to make space for the private sector has resulted in the rationing of those goods and services, with fewer people having access to them. Having a digital health ID is not likely to change this for India’s health sector, and is allowing for this privatization by stealth.

December 14, 2021. Sharngan Aravindakshan, LL.M. program, NYU School of Law; Human Rights Scholar with the Digital Welfare State & Human Rights Project in 2021-22. He previously worked for the Centre for Communication Governance in India.

Wrong Prescription: The Impact of Privatizing Healthcare in Kenya

INEQUALITIES

Wrong Prescription: The Impact of Privatizing Healthcare in Kenya

A collaboration between The Economic and Social Rights Centre-Hakijamii and the Center for Human Rights and Global Justice at New York University School of Law.

The 49-page report draws from more than 180 interviews with healthcare users and providers, government officials, and experts, and finds that the government-backed expansion of the private healthcare sector in Kenya is leading to exclusion and setting back the country’s goal of universal health coverage. 

The report documents how policies designed to increase private sector participation in health, in combination with chronic underinvestment in the public healthcare system, have led to a rapid increase in the role of for-profit private actors and undermined the right to health. Privatizing healthcare has proven costly for individuals and the government, and pushed Kenyans into poverty and crushing debt. While the wealthy may be able to access high-quality private care, for many, particularly in lower-income areas, the private sector offers low-quality services that may be inadequate or unsafe. The report concludes with a call to prioritize the public healthcare system.

Rights groups warn private healthcare is failing many, draining public resources

INEQUALITIES

Rights groups warn private healthcare is failing many, draining public resources

Government-backed expansion of the private healthcare sector in Kenya is leading to exclusion and setting back the goal of universal health coverage, said two rights groups in a report released today. National policies intended to increase private sector participation in healthcare, alongside chronic underinvestment in the public system, have contributed to an explosion of for-profit private actors who often provide poor value for money, neglect public health priorities, and push Kenyans into poverty and crushing debt.

The 49-page report, “Wrong Prescription: The Impact of Privatizing Healthcare in Kenya,” is authored by Hakijamii and the Center for Human Rights and Global Justice at New York University. It finds that privatization has proven costly for individuals and the government, has shut people out of access to healthcare, and is undermining the right to health. The government’s signature policy for achieving universal health coverage—the planned expansion of private-sector friendly social insurance through the National Hospital Insurance Fund (NHIF)—risks exacerbating these problems.

“Privatization is the wrong prescription for achieving universal health coverage,” said Philip Alston, former United Nations Special Rapporteur and co-author of the report. “Proponents of private healthcare make all sorts of promises about how it will lower costs and improve access, but our research finds private actors have really failed to deliver.”

“Promoters of private care have gravely misdiagnosed the situation,” said Nicholas Orago, Executive Director of Hakijamii and co-author of the report. “While many associate private care with high-quality facilities, the ‘haves’ and ‘have nots’ experience entirely different private sectors. Private healthcare has been disastrous for poor and vulnerable communities, who are left with low-quality, low-cost providers pedaling services that are too often unsafe or even illegal.”

Privatizing care has proven costly for both individuals and the government. The private health sector relies heavily on government funding, including tens of billions of shillings each year to contract with private facilities, subsidize access to private care, and pay for secretive public-private partnerships. Individuals face excessively high fees at private facilities, where treatment can cost in excess of twelve times more than the public sector.

“Healthcare is a big business, with global corporations and private equity firms lining up to profit off the sector in Kenya,” said Rebecca Riddell, Co-director of the Human Rights and Privatization Project at the Center and co-author of the report. “These companies expect returns on their investments, leading to overwhelmingly higher prices in the private sector while scarce public resources prop up private profits.”

The report draws from more than 180 interviews with healthcare users and providers, government officials, and experts. Researchers spoke with community members from informal settlements in Mombasa and Nairobi as well as rural areas in Isiolo. Many described being excluded from private care or facing hardships to afford treatment, such as selling important assets like land or forgoing educational and livelihood opportunities. Others described tragic consequences of low-quality care at private providers, including unnecessary deaths and disabilities. The impact has been particularly severe for people who are poor or low income, women, people with disabilities, and those in rural areas.

Researchers also found that the private sector in Kenya is concentrated in more profitable forms of care, and has neglected less commercially viable areas, patients, and services. Private sector healthcare workers described having to meet patient “targets” as well as working in conditions significantly inferior to those in the public sector.

“The disconnect between profits and public health goals should cause policymakers to rethink their reliance on the private sector,” said Bassam Khawaja, Co-director of the Human Rights and Privatization Project and report co-author. “Many essential health services are incredibly valuable or even lifesaving but may not be profitable as one-off transactions.”

The anticipated nationwide rollout of mandatory NHIF coverage will divert more public money to private actors without preventing exclusion and high costs. Though the NHIF is a public insurer, it contracts extensively with private facilities, offers private providers higher reimbursement rates, and sends most of its claims money to private actors. “Expanding coverage through the NHIF instead of investing in a strong public health system is a major step backwards,” Orago said.

Much of the pressure to privatize has come from external actors in the global North. Key development actors have urged Kenya to increase the private sector’s role in health, including international financial institutions, private foundations, and wealthy countries looking for new markets.

“An ideological commitment to the private sector has trumped the rights of the Kenyan people, as development actors promote private care and financing without accountability,” Alston said. “The extreme secrecy around many arrangements with the private health sector opens the door to corruption and self-dealing.”

The report concludes that the government should rethink its support for the private sector and prioritize the public healthcare system, which still delivers the majority of inpatient and outpatient care in Kenya despite being starved of resources. “While the government should address serious shortcomings in the public system, popular recent investments illustrate an enduring appetite for public care,” said Alston.

“With sufficient political will and resources, the public healthcare system is best positioned to provide all Kenyans with the accessible, affordable, and quality healthcare that they have a right to,” said Orago.

This post was originally published as a press release on November 16, 2021.

Makundi ya haki yaonya kuwa huduma ya afya ya kibinafsi inaathiri wengi, kufuja rasli mali za umma

INEQUALITIES

Makundi ya haki yaonya kuwa huduma ya afya ya kibinafsi inaathiri wengi, kufuja rasli mali za umma

Hatua ya serikali kuunga mkono upanuzi wa huduma ya afya ya kibinafsi nchini Kenya imesababisha kutengwa na kurudisha nyuma hatua za kutimiza malengo ya afya kwa wote, makundi mawili ya haki yamesema kwenye ripoti iliyotolewa leo. Sera za kitaifa zilizokusudiwa kuongeza ushiriki wa sekta ya kibinafsi katika utoaji wa huduma ya afya, pamoja na uwekezaji duni katika mfumo wa umma, zimechangia kuenea kwa wahudumu wa kibinafsi ambao mara nyingi hutoa huduma duni, hupuuza vipaumbele vya afya ya umma, na kuwasukuma wakenya wengi katika umasikini na malimbikizi ya madeni.

Ripoti hiyo ya kurasa 52, “Tiba Tatanishi: Athari ya ubinafsishaji wa Huduma ya Afya nchini Kenya,” imeandikwa na Hakijamii kwa pamoja na Kituo cha Haki za Kibinadamu na Haki za Kimataifa katika Chuo Kikuu cha New York (CHRGJ). Ripoti hiyo inabaini kwamba ubinafsishaji umewekea watu binafsi na serikali mzigo mkubwa wa gharama, umewazuia watu wengi kupata huduma ya afya, na unahujumu haki ya afya. Sera kuu ya serikali ya kutimiza mpango wa afya kwa wote—mpango wa kupanua bima ya jamii inayoegemea sekta ya kibinafsi kupitia Hazina ya Kitaifa ya Bima ya Afya (NHIF)—unatishia kuzidisha matatizo haya.

“Ubinafsishaji si suluhisho tosha kwa kutimiza mpango wa afya kwa wote,” alisema Philip Alston, aliyekuwa Mjumbe Maalum wa Umoja wa Mataifa na mwandishi mwenza wa ripoti hii. “Watetezi wa ubinafsishaji wa huduma ya afya hutoa ahadi za kila aina kuhusu jinsi hatua hiyo itapunguza gharama za matibabu na kuimarisha upatikanaji wa huduma ya afya, lakini utafiti wetu umepata kwamba wahudumu wa kibinafsi wameshindwa kabisa kutimiza ahadi zao.”

“Watetezi wa huduma ya afya ya kibinafsi wameshindwa kutoa ufafanuzi halisi wa hali ilivyo,” alisema Nicholas Orago, Mkurugenzi Mtendaji wa Hakijamii na mwandishi mwenza wa ripoti hii. “Huku wengi wakihusisha huduma ya kibinafsi na vituo vya kiwango cha juu, ‘mabwanyenye’ na ‘wachochole’ hukumbana na aina tofauti za sekta ya kibinafsi. Huduma ya afya ya kibinafsi imekuwa na madhara makubwa kwa watu maskini na jamii zilizoko hatarini, ambazo hulazimika kutumia wahudumu nafuu wa kiwango cha chini, ambao hutoa huduma ambazo mara nyingi ni hatari au hata kinyume cha sheria.”

Ubinafsishaji umedhibitishwa kuwa wa gharama kubwa kwa watu binafsi na serikali. Sekta ya afya ya kibinafsi hutegemea zaidi ufadhili wa serikali, ikiwemo matumizi ya mabilioni ya pesa kila mwaka kutoa kandarasi kwa vituo vya kibinafsi, ruzuku kwa huduma ya kibinafsi, na malipo kwa miradi ya kisiri ya ushirikiano wa sekta za umma na kibinafsi. Watu binafsi hukabiliwa na ada za juu zaidi katika vituo vya kibinafsi, ambako matibabu wakati mwingine yanagharimu mara kumi na mbili zaidi ya gharama katika sekta ya umma.

“Huduma ya afya ni biashara kubwa, huku mashirika ya kimataifa na kampuni za ufadhili wa kibinafsi zikilenga kujinufaisha kutoka sekta hiyo nchini Kenya,” alisema Rebecca Riddell, Mkurugenzi mwenza wa mradi wa Haki za kibinadamu na  Ubinafsishaji katika kituo cha CHRGJ na mwandishi mwenza wa ripoti hii. “Kampuni hizi zinatarajia faida kutoka uwekezaji wao, hatua ambayo husababisha bei za juu zaidi katika sekta ya kibinafsi huku rasli mali haba za umma zikitumika kuimarisha faida za sekta ya kibinafsi.”

Ripoti hii imeandikwa kutokana na mahojiano yaliyofanyiwa watu zaidi ya mia moja themanini wakiwemo wagonjwa na watoaji wa huduma ya afya, maafisa wa serikali na wataalamu. Watafiti walizungumza na wanajamii kutoka mitaa ya mabanda katika miji ya Mombasa na Nairobi na vile vile maeneo ya mashambani katika kaunti ya Isiolo. Wengi walieleza jinsi walivyotengwa kutoka huduma ya kibinafsi au kukabiliwa na matatizo kugharamia matibabu, kama vile kulazimika kuuza mali muhimu kama shamba ama kukatiza masomo ya watoto na fursa nyingine za kutafuta riziki. Wengine walielezea matokeo ya kusikitisha ya huduma ya kiwango cha chini katika vituo vya kibinafsi, ikiwemo vifo ambavyo vingeepukika na ulemavu. Athari zake ni kubwa zaidi kwa watu maskini au wenye mapato ya chini, wanawake, walemavu, na wale wanaoishi sehemu za mashambani.

Watafiti pia walipata kwamba sekta ya kibinafsi nchini Kenya imejilimbikiza zaidi katika huduma zenye faida kubwa,na kupuuza maeneo yenye faida duni, wagonjwa, na huduma. Wafanyikazi wa huduma ya afya katika sekta ya kibinafsi walieleza jinsi walivyohitajika kutimiza “malengo” ya kuhudumia idadi fulani ya wagonjwa na vile vile kufanya kazi katika mazingira duni ikilinganishwa na sekta ya umma.

“Mkinzano kati ya faida na malengo ya afya ya umma unafaa kuwachochea watungaji sera kufikiria upya utegemeaji wa sekta ya kibinafsi,” alisema Bassam Khawaja, Mkurugenzi mwenza wa mradi wa Haki za kibinadamu na Ubinafsishaji na mwandishi mwenza wa ripoti hii. “Huduma nyingi muhimu za afya zina thamani kubwa au ni muhimu kwa kuokoa maisha licha ya kwamba hazina faida kubwa kibiashara.”

Mpango unaotarajiwa wa kusambaza kote nchini huduma ya bima ya afya ya lazima utachangia kuelekezwa kwa pesa zaidi za umma kwa wahudumu wa kibinafsi bila kusitisha kutengwa na gharama za juu. Ingawa NHIF inatoa bima ya umma, hazina hiyo hutoa kandarasi nyingi kwa vituo vya kibinafsi, hulipa wahudumu wa kibinafsi kwa viwango vya juu, na hulipa kiwango kikubwa  cha madai kwa wahudumu wa kibinafsi. “Kupanua huduma kupitia NHIF badala ya kuwekeza katika mfumo dhabiti wa huduma ya afya ya umma ni hatua kubwa kurudi nyuma,” Orago alisema.

Msukumo mkubwa wa ubinafsishaji umetoka kwa washirika wa kigeni. Washirika wakuu wa maendeleo wamehimiza Serikali ya Kenya kuongeza jukumu la sekta ya kibinafsi katika utoaji wa huduma ya afya, ikiwemo  mashirika ya kifedha ya kimataifa, wakfu za kibinafsi, na mataifa tajiri yanayotafuta masoko mapya kwa bidhaa zao.

“Dhamira ya kiitikadi kwa sekta ya kibinafsi imekiuka haki za wakenya, huku washirika wa maendeleo wakieneza na kufadhili huduma ya kibinafsi bila kuwajibika,” Alston alisema. “Usiri mkubwa juu ya makubaliano mengi na sekta ya afya ya kibinafsi unatoa mwanya kwa ufisadi na maslahi ya kibinafsi.”

Ripoti hii inabainisha kwamba serikali inapaswa kufikiria upya msaada wake kwa sekta ya kibinafsi na kutoa kipaumbele kwa mfumo wa huduma ya afya ya umma, ambao bado unatoa huduma nyingi kwa wagonjwa wanaoruhusiwa kwenda nyumba na wale wa kulazwa nchini Kenya licha ya uhaba wa fedha. “Ingawa serikali inafaa kushughulikia mapungufu makubwa katika mfumo wa afya wa umma, uwekezaji maarufu wa hivi karibuni unaonyesha hamu kubwa ya matumizi ya huduma ya afya ya umma,” alisema Alston.

“Kukiwepo na nia njema ya kisiasa na rasli mali, mfumo wa huduma ya afya wa umma una nafasi bora kutoa kwa wakenya wote huduma iliyo rahisi kupatikana, yenye gharama nafuu, na ya kiwango cha juu ambao wanastahili kupata,” alisema Orago.

This post was originally published as a press release on November 16, 2021.

Social rights disrupted: how should human rights organizations adapt to digital government?

TECHNOLOGY & HUMAN RIGHTS

Social rights disrupted: how should human rights organizations adapt to digital government?

As the digitalization of government is accelerating worldwide, human rights organizations who have not historically engaged with questions surrounding digital technologies are beginning to grapple with these issues. This challenges these organizations to adapt both their substantive focus and working methods while remaining true to their values and ideals.

On September 29, 2021, Katelyn Cioffi and I hosted the seventh event in the Transformer States conversation series, which focuses on the human rights implications of the emerging digital state. We interviewed Salima Namusobya, Executive Director of the Initiative for Social and Economic Rights (ISER) in Uganda, about how socioeconomic rights organizations are having to adapt to respond to issues arising from the digitalization of government. In this blog post, I outline parts of the conversation. The event recording, transcript, and additional readings can be found below.

Questions surrounding digital technologies are often seen as issues for “digital rights” organizations, which generally focus on a privileged set of human rights issues such as privacy, data protection, free speech online, or cybersecurity. But, as governments everywhere enthusiastically adopt digital technologies to “transform” their operations and services, these developments are starting to be confronted by actors who have not historically engaged with the consequences of digitalization.

Digital government as a new “core issue”

The Initiative for Social and Economic Rights (ISER) in Uganda is one such human rights organization. Its mission is to improve respect, recognition, and accountability for social and economic rights in Uganda, focusing on the right to health, education, and social protection. It had never worked on government digitalization until recently.

But, through its work on social protection schemes, ISER was confronted with the implications of Uganda’s national digital ID program. While monitoring the implementation of the Senior Citizens grant in which persons over 80 years old receive cash grants, ISER staff frequently encountered people who were clearly over 80 but were not receiving grants. This program had been linked to Uganda’s national identification scheme, which holds individuals’ biographic and biometric information in a centralized electronic database called the National Identity Register and issues unique IDs to enrolled individuals. Many older persons had struggled to obtain IDs because their fingerprints could not be captured. Many other older persons had obtained national IDs, but the wrong birthdates were entered into the ID Register. In one instance, a man’s birthdate was wrong by nine years. In each case, the Senior Citizens grant was not paid to eligible beneficiaries because of faulty or missing data within the National Identity Register. Witnessing these significant exclusions led  ISER to become  actively involved in research and advocacy surrounding the digital ID. They partnered with CHRGJ’s Digital Welfare State team and Ugandan digital rights NGO Unwanted Witness, and the collective work culminated in a joint report. This has now become a “core issue” for ISER.

Key challenges

While moving into this area of work, ISER has faced some challenges. First, digitalization is spreading quickly across various government services. From the introduction of online education despite significant numbers of people having no access to electricity or the internet, to the delivery of COVID-19 relief via mobile money when only 71% of Ugandans own a mobile phone, exclusions are arising across multiple government initiatives. As technology-driven approaches are being rapidly adopted and new avenues of potential harm are continually materializing, organizations can find it difficult to keep up.

The widespread nature of these developments mean that organizations are finding themselves making the same argument again and again to different parts of government. It is often proclaimed that digitized identity registers will enable integration and interoperability across government, and that introducing technologies into governance “overcomes bureaucratic legacies, verticality and silos.” But ministries in Uganda remain fragmented and are each separately linking their services to the national ID. ISER must go to different ministries whenever new initiatives are announced to explain, yet again, the significant level of exclusion that using the National Identity Register entails. While fragmentation was a pre-existing problem, the rapid proliferation of initiatives across government is leaving organizations “firefighting.”

Second, organizations face an uphill battle in convincing the government to slow down in their deployment of technology. Government officials often see enormous potential in technologies for cracking down on security threats and political dissent. Digital surveillance is proliferating in Uganda, and the national ID contributes to this agenda by enabling the government to identify individuals. Where such technologies are presented as combating terrorism, advocating against them is a challenge.

Third, powerful actors are advocating the benefits of government digitalization. International agencies such as the World Bank are providing encouragement and technical assistance and are praising governments’ digitalization efforts. Salima noted that governments take this seriously, and if publications from these organizations are “not balanced enough to bring out the exclusionary impact of the digitalization, it becomes a problem.” Civil society faces an enormous challenge in countering overly-positive reports from influential organizations.

Lessons for human rights organizations

In light of these challenges, several key lessons arise for human rights organizations who are not used to working on technology-related problems but who are witnessing harmful impacts from digital government.

One important lesson is that organizations will need to adopt new and different methods in dealing with challenges arising from the rapid spread of digitalization; they should use “every tool available to them.” ISER is an advocacy organization which only uses litigation as a last resort. But when the Ugandan Ministry of Health announced that national ID would be required to access COVID-19 vaccinations, “time was of the essence”, in Salima’s words. Together with Unwanted Witness, it immediately launched litigation seeking an injunction, arguing that this would exclude millions, and the policy was reversed.

ISER’s working methods have changed in other ways. ISER is not a service provision charity. But, in seeing countless people unable to access services because they were unable to enroll in the ID Register, ISER felt obliged to provide direct assistance. Staff compiled lists of people without ID, provided legal services, and helped individuals to navigate enrolment. Advocacy organizations may find themselves taking on such roles to assist those who are left behind in the transition to digital government.

Another key lesson is that organizations have much to gain from sharing their experiences with practitioners who are working in different national contexts. ISER has been comparing its experiences and sharing successful advocacy approaches with Kenyan and Indian counterparts and has found “important parallels.”

Last, organizations must engage in active monitoring and documentation to create an evidence base which can credibly show how digital initiatives are, in practice, affecting some of the most vulnerable. As Salima noted, “without evidence, you can make as much noise as you like,” but it will not lead to change. From taking videos and pictures, to interviewing and writing comprehensive reports, organizations should be working to ensure that affected communities’ experiences can be amplified and reflected to demonstrate the true impacts of government digitalization.

October 19, 2021. Victoria Adelmant, Digital Welfare State & Human Rights Project at the Center for Human Rights and Global Justice at NYU School of Law. 

A GPS Tracker on Every “Boda Boda”: A Tale of Mass Surveillance in Uganda

TECHNOLOGY & HUMAN RIGHTS

A GPS Tracker on Every “Boda Boda”: A Tale of Mass Surveillance in Uganda

The Ugandan government recently announced that GPS trackers would be placed on every vehicle in the country. This is just the latest example of the proliferation of technology-driven mass surveillance, spurred by a national security agenda and the desire to suppress political opposition.

Following the June 2021 assassination attempt on Uganda’s Transport Minister and former army commander, General Katumba Wamala, President Yoweri Museveni suggested mandatory Global Positioning System (GPS) tracking of all private and public vehicles. This includes motorcycle taxis (commonly known as boda bodas) and water vessels. Museveni also suggested collecting and storing the palm prints and DNA of every Ugandan.

Hardly a month later, reports emerged that the government, through the Ministry of Security, had entered into a 10-year secretive contract with a Russian security firm to undertake the installation of GPS trackers in vehicles. Selection of the firm was never subjected to the procurement procedures required by Ugandan law, and a few days after this news broke, it emerged that the Russian firm was facing bankruptcy litigation. The line minister who endorsed the contract subsequently distanced himself from the deal, saying that he was merely enforcing a presidential directive. The government has confirmed that Ugandans will have to pay 20,000 UGX (approximately $6 USD) annually to the Russian firm for the installation of trackers on their vehicles. This controversial move means Ugandans are paying for their own surveillance.
According to 2020 statistics by the Ugandan Bureau of Statistics, a total of 38,182 motor vehicles and 102,273 motor cycles are registered in Uganda. Most of these motorcycles function as boda bodas and are a de facto mode of public transport in Uganda commonly used by people of all social classes. In the capital of Kampala, boda bodas are essential because of their ability to navigate heavy traffic jams. In remote locations where public transport is inaccessible, boda bodas are the only means of transportation for most people, except the elites. While a boda boda motorcycle was allegedly used in the assassination attempt on General Katumba Wamala, those same boda bodas also function as ambulances (including bringing the General to a hospital after the attack) and many other essential purposes.

It should be emphasized that this latest attempt at boda boda mass surveillance is part of a broader effort by the government of Uganda to exert power and control via digital surveillance and thereby limit the full enjoyment of human rights offline and online. One example is the widespread use of indiscriminate drone surveillance. Another is the Cyber Crimes Unit in the Ugandan police which, since 2014, has had overly broad powers to monitor the social media activity of Ugandans. Unwanted Witness has raised concerns about the intrusive powers of this unit, which violate Article 27 of the 1995 Uganda Constitution that guarantees the right to privacy.

And that is not all. In 2018, the Ugandan government contracted the Chinese firm Huawei to install CCTV cameras in all major cities and on all highways, spending over $126 million USD on these cameras and related facial recognition technology. In the absence of any judicial oversight, there are also concerns about backdoor access to this system for illegal facial recognition surveillance on potential targets and the use of this system to stifle all opposition to the regime.

The fears about the use of this CCTV system to violate human rights and stifle dissent came true in November 2020. Following the arrest of two opposition presidential candidates, political protests erupted in Uganda, and this CCTV system was used to crack down on dissent after these protests. Long before these protests, the Wall Street Journal had already reported on how Huawei technicians assisted the Ugandan government to spy on political opponents.

This is taking place in a wider context of attacks on human rights defenders and NGOs. Under the guise of seeking to pre-empt terror threats, the state has instituted cumbersome regulations on nonprofits and granted authorities the power to monitor and interfere in their work. Last year, a number of well-known human rights groups were falsely accused of funding terrorism and had their bank accounts frozen. The latest government clampdown on NGOs resulted in the suspension of the operations of 54 organizations on allegations of non-compliance with registration laws. Uganda’s pervasive surveillance apparatus will be instrumental in these efforts at censoring and silencing human rights organizations, activists, and other forms of dissent.
The intrusive application of digital surveillance harms the right to privacy of Ugandans. Privacy is a fundamental right enshrined in the 1995 Constitution and numerous international human rights treaties and other legal instruments. The right to privacy is also a central pillar of a well-functioning democracy. But in the quest to surveil its population, the Ugandan government has either underplayed or ignored the violation of human rights.

What is especially problematic here is the partial privatization of government surveillance to individual corporations. There is a long and unfortunate track record in Uganda of private corporations evading all human rights accountability for their involvement in surveillance. In 2019, for example, Unwanted Witness wrote a report that faulted a transport hailing app—SafeBoda—for sharing customers’ data with third parties without their consent. With the planned GPS tracking, Ugandan boda boda users will have their privacy eroded further, with the help of the Russian security firm. Driven by a national security agenda and the desire to control and suppress any opposition to the long-running Museveni presidency, digital surveillance is proliferating as Ugandans’ rights to privacy, to freedom of expression, and to freedom of assembly are harmed.

October 13, 2021. Dorothy Mukasa is the Chief Executive Officer of Unwanted Witness, a leading digital rights organization in Uganda. 

GJC Issues a Solidarity Letter in Support of Communities in the Dominican Republic Resisting the Expansion of Barrick Gold’s Pueblo Viejo Mine

CLIMATE AND ENVIRONMENT

GJC Issues a Letter of Support for Communities in the Dominican Republic Resisting the Expansion of Barrick Gold’s Pueblo Viejo Mine

On October 4, 2021, the Global Justice Clinic and 42 other civil society organizations sent a letter to the Dominican Ministries of Energy and Mines and the Environment and Natural Resources in response to Barrick Gold’s plan to expand its mine in the Dominican Republic. They expressed solidarity with communities located in the area. Residents and allies, including Dominican politicians, academics, and activists, have noted that the site where Barrick proposes to build a tailings dam is the headwater of one of the most important rivers in the country, the Ozama River. In recent weeks, thousands of people have protested the proposed expansion.  This is the second solidarity letter that the Global Justice Clinic has helped to coordinate. 

The first letter, issued in May, raised concern over how the proposed expansion may exacerbate vulnerability to climate change and Barrick’s track record of environmental harm.  Five months later, resistance against the proposed expansion has grown.

This post was originally published as a press release on October 4, 2021.

GJC Issues Statement Calling for End to Mass Deportations to Haiti

HUMAN RIGHTS MOVEMENT

GJC Issues Statement Calling for End to Mass Deportations to Haiti

The Global Justice Clinic and immigrant justice and human rights organizations—many of which are Haitian-led—release a statement denouncing the Biden administration’s launch of one of the largest mass deportation campaigns in U.S. history. These deportations target Haitian people and violate migrants’ rights to seek asylum. The U.S. government is sending Haitian people, including many children and babies, to a country that is reeling from political and humanitarian crises. The decision is infected with anti-Black and anti-Haitian discrimination. The Global Justice Clinic and fellow signatories call for an immediate halt to deportations to Haiti and an end to unlawful Title 42 expulsions.

This post was originally released as a press release on September 21, 2021.