[bestbits] Roundtable on "Business, human rights and consumer protections - Network disconnections, the way forward"

Haroon Baloch haroon at bytesforall.pk
Wed Apr 4 01:03:01 EDT 2018


Dear All,

Bytes for All Pakistan in collaboration with National Commission for
Human Rights (NCHR) is organizing first roundtable on the
above-mentioned subject. Bytes for All pioneered its work on network
shutdowns in Pakistan with its global partners IHRB, CIHR and Telenor
Group and launched its research "Security v. Access: The Impact of
Mobile Network Shutdowns" in 2015. The report served the bases for
public interest petitions in 2016. In February 2018, the Islamabad High
Court announced its verdict on the case, declaring network
disconnections as illegal. The judgement is challenged by PTA in the
court, however, it is a precedence for the region and other parts of the
world. Keeping the momentum on and further opening up the debate in
Pakistan, we believe these roundtables will provide forum for all
stakeholders to break their silence on the important issue.

Following is the concept note of the roundtable where MoITT, PTA,
telecos, civil society, media and lawyer community is participating.

Best,


Haroon Baloch,
Program Manager, Bytes for All, Pakistan
Email: haroon at bytesforall.pk

*Business, Human Rights & Consumer Protections - Network Disconnections*

*The Way Forward*

* *

*CONCEPT NOTE*

 

Mobile networks facilitate peoples’ economic activities and exercise of
their fundamental rights including freedom of expression, association,
access to information and emergency services for life and safety.

 

Currently, the network shutdowns are imposed on every special occasion
including the celebrations of national days and religious occasions.
While shutdowns happen in all parts of the country, in far flung areas
of the country, such as Federally Administered Tribal Areas (FATA),
Gilgit-Baltistan and Balochistan, these disconnections are quite
frequent and seldom reported in the media. It is an important aspect of
the shutdowns that they exacerbate the isolation of marginalized communities

 

We understand that it is the high time to carry forward the debate on
this important issue of peoples’ interest within circles of relevant
stakeholders and come up with a possible mutually beneficial strategy to
effectively safeguard citizens’ rights and civil liberties.

 

The Islamabad High Court (IHC) declared the mobile network shutdowns and
suspension of internet services in Pakistan as /illegal /vide its
decision on/FAO No. 42 of 2016 /and numerous connected writ petitions on
February 25, 2018. The decision is being challenged by the Pakistan
Telecommunication Authority (PTA) and the Ministry of Information
Technology & Telecommunications (MoITT).

 

This decision by IHC is a major breakthrough in the global struggle
against arbitrary network shutdown by the governments depriving the
citizens from the telecommunication services.

 

In this particular case, the honorable judge, Justice Athar Minallah in
his detailed judgement interpreted Pakistan Telecommunication
(re-organization) Act, 1996’s Section 54(3) as the only provision
available in the law for the state to suspend networks and it is only
possible when the President of Pakistan would proclaim emergency.

 

A division bench at the Islamabad High Court has granted interim stay
order to the authorities to suspend the networks for the time being,
especially, in the context of celebrations of Pakistan Day on March 23,
2018.

 

In this connection, National Commission for Human Rights (NCHR) in
collaboration with Bytes For All, Pakistan taking lead to organize a
roundtable with multi-stakeholder participation on network shutdowns,
including telecom businesses, lawyers, media, and civil society. This
will provide an opportunity to take stock of the current situation and
chalk out a way forward.

 

Proposed Date:            April 05, 2018

Time:                           1500-1700 hours

Venue:                         Conference Rooms of National Commission
for Human Rights

                                    Evacuee Trust, Islamabad

 

*Proposed Program:*

* *

1500-1510

	

Welcome by the Chair

	

Chairman/Member, National Commission for Human Rights

1510-1525

	

Round of Introductions

	

Chair

1525-1545

	

Overview of IHC judgement

	

Advocate Umer Ejaz Gilani

1545-1630

	

Interactive Dialogue

	

Moderated by the Chair

1630-1645

	

Concluding remarks

	

By the chair

* *

 

-- 
*Haroon Baloch* | Program Manager
Bytes for All, Pakistan | www.bytesforall.pk

Email: haroon at bytesforall.pk | Cell: 0092-321-5196707
Twitter: @advertbalcha | Facebook: https://www.facebook.com/hbaloch83

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