SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION Thus, shutdowns are inconsistent with basic international human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Universal Declaration on Human Rights, even though they were adopted before the internet was invented. Shutdowns as barriers to universal access to the internet The UN Secretary-General in his report entitled “Our Common Agenda”, noted that it might be time to reinforce universal access to the Internet as a human right.33 The internet has a public service value. People, communities, public authorities, and private entities rely on the internet for their activities and have a legitimate expectation that its services are accessible, provided without discrimination, affordable, secure, reliable, and ongoing.34 Another aspect of its public service value is that it serves to “promote the exercise and enjoyment of human rights and fundamental freedoms for all who use it”.35 During the periodic review process over the implementation of the ICCPR, the UN Human Rights Committee expressed concerns about reports from a UN member state about shutdowns of internet access for months at a time.36 It later emphasized that “States parties must not… block or hinder Internet connectivity in relation to peaceful assemblies. The same applies to geotargeted or technology-specific interference with connectivity or access to content. States should ensure that the activities of Internet service providers and intermediaries do not unduly restrict assemblies or the privacy of assembly participants.” 37 In several declarations and resolutions adopted within the framework of UN agencies and entities, the UN member States have pledged to take steps to ensure that high-quality, affordable, open, and secure internet is available to all individuals without discrimination.38 This is also the position of regional intergovernmental organizations.39 In its Internet Universality Indicators, the United Nations Educational, Scientific and Cultural Organization (UNESCO) expressly includes the incidence, nature and basis for shutdowns, or other restrictions on internet connectivity, as part of their measurements. 40 33 2 A/75/982, para. 35. 34 Recommendation CM/Rec(2014)6 of the Committee of Ministers to member States on a Guide to human rights for Internet users (Adopted by the Committee of Ministers on 16 April 2014 at the 1197th meeting of the Ministers’ Deputies), Para 3, https://search.coe.int/cm/Pages/ result_details.aspx?ObjectID=09000016804d5b31 35 Recommendation CM/Rec(2007)16 of the Committee of Ministers to member states on measures to promote the public service value of the Internet (Adopted by the Committee of Ministers on 7 November 2007 at the 1010th meeting of the Ministers’ Deputies), https://search.coe. int/cm/Pages/result_details.aspx?ObjectId=09000016805d4a39 36 UN Human Rights Committee, Concluding observations on the fifth periodic report of Cameroon, 30 November 2017, CCPR/C/CMR/ CO/5, para 41d), https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsoE0hhB%2FObfneRA6ucrf7cLa1irsOsauNp2Ikz6wXQ8%2BhGNomqrVydpd7IiWIkHh133vH4%2BkSoUeo9X7SVKDPDQhslu5rWYKh1sQlytLo3JX. 37 UN Human Rights Committee, General comment No. 37 (2020) on the right of peaceful assembly (article 21), 17 September 2020, CCPR/C/GC/37, para 34, https://digitallibrary.un.org/record/3884725?ln=en. 38 See, for example, General Assembly resolution 70/1 of 21 October 2015. 39 See Recommendation CM/Rec(2016)5[1] of the Committee of Ministers of the Council of Europe to member States on Internet freedom (Adopted by the Committee of Ministers on 13 April 2016 at the 1253rd meeting of the Ministers’ Deputies), para 2.1.1., https://search.coe.int/cm/ Pages/result_details.aspx?ObjectId=09000016806415fa 40 Internet shutdowns: trends, causes, legal implications and impacts on a range of human rights Report of the Office of the United Nations 13