Surveillance, Human Rights and the role of States: Rousseff's speech and Peña Nieto silence

AutorRenata Avila
Páginas207-209

Page 207

See note 85

Brazil will propose an initiative before the UN for an International "Marco Civil" for the Internet. Other Latin American leaders have joined diplomatic efforts to ensure respect for Human Rights and international law, a rare occasion in which political, diplomatic, and Human Rights agendas in many countries are converging at the same time. Can the region lead the change necessary to prevent the advance of mass surveillance?

The defenselessness of information on foreign citizens and diplomacy as the only answer (so far)

Since April 2013, a series of revelations on the massive and covert surveillance of the National Security Agency of the United States of America have shaken political and diplomatic agendas in Latin America. In September 2013, the conlict escalated to the highest level.

Evidence of spying, not only on the masses, but rather on heads of government of Mexico and Brazil and strategic sectors such as energy-oil (including the Ministry of Energy and Mines of Brazil, even with the complicity of its equivalent in Canada), has forced the mandatory response of these countries to rise to a higher diplomatic and political level, using both regional and international mechanisms.

Resolutions of Mercosul, UNASUR, ALBA, and others presented before the Security Council of the United Nations and the Secretary General of the United Nations in recent months, called for the defense of privacy and sovereignty as well as respect for the rules of public international law which explicitly prohibit behaviors that threaten the enjoyment and exercise of Human Rights. However, the events of September open the door to concrete actions that could result in prosecution and penalties for the governments concerned, once conirmed that the acts of espionage were indeed executed by the National Security Agency of the United States, targeting strategic sectors of Brazil and their highest authorities,

Page 208

monitoring every electronic communication of the president-elect of Brazil, Dilma Rousseff, and then the candidate for president of Mexico, Enrique Peña Nieto.

The Charter of the Organization of American States, of which the United States and Canada are members, establishes that international law should be the standard of conduct of the United States in their reciprocal relations and that good faith shall govern relations between the states. The Charter has yet to address these countries’ aforementioned violations of the...

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