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t’s official: having access to the internet is a human right!

The Human Rights Council, which is composed of 47 countries, just recognized the right to internet access on July 1, adopting Resolution 32/13 recognizing that individuals have freedom of expression and speech online as they do offline.

Although adopted unanimously, Indonesia and 16 other countries initially rejected some important elements on the right to internet access. Indonesia supported several amendments proposed by Russia and China, which could undermine this right.

The proposals were to scrap the reference to the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and to delete the phrase “human rights-based approach” for providing internet access. Fortunately, other countries rejected these proposed amendments.

Indonesia’s initial rejection of an important element of this right reveals its reluctance toward internet access in general.

On one hand, Indonesia seeks greater internet access across the archipelago. In October 2015, three major telecommunications providers went to Google’s headquarters to strengthen cooperation through an internet connectivity project called Loon.

To attract more investment and economic growth through crowdfunding schemes, the Finance Ministry called for better internet infrastructure throughout Indonesia. President Joko “Jokowi” Widodo even promised to make Indonesia the largest digital economy in the Southeast Asia.

Nevertheless Indonesia projected a different stance at the Human Rights Council. With 43 percent of Indonesia’s population having smartphones, we have more than 70 million Facebook users and just less than 20 million Twitter users. Even the President maintains an active Twitter account.

These demonstrate how Indonesia has become highly attached to the internet, just like most other young democracies.

However, Indonesia’s stance at the Human Rights Council is only the latest testament exhibiting Indonesia’s hesitancy to fully embrace the internet as part of today’s life.

Rights groups have long criticized Indonesia for its vague legislation on information and electronic transactions, which have landed people in jail for dubious online libel offenses.

The government has also blocked some social media such as the video sharing platform Vimeo and the online movie streaming site, Netflix. Some elements have even ridiculously demanded the government block Google.

The oft-cited pretext for blocking internet access is that these online platforms or activities display violence and sexuality or they do not conform to Indonesia’s customs. In other words, the government is unable to properly censor them, hence let’s block them all.

As such, Indonesia’s hesitance toward the internet warrants a question. How far is the government prepared to accept internet presence in our society?

If the government expects more internet penetration across the archipelago, why does it disagree with the human rights aspects of such efforts? The government’s move may even be interpreted as a rejection of the right to internet access as a whole.

How can one accept the need to have internet access, while denying the rights attached to this need? Indonesia’s reluctance suggests a general view in government that human rights are somehow distinct from the right to internet access. This perception is simply flawed.

Granted, the right to internet access is not a stand-alone right like freedom of expression. This right, however, stems from other rights such as freedom of expression, the right to privacy and freedom of association. As such, it bears the characteristics of a human right just like other rights.

The internet’s presence simply provides a novel avenue for people to enjoy basic human rights. Arguably, the internet assists people to better enjoy their rights. Would we deny freedom of movement just because people use a new technology? Would we reject freedom of expression just because it is carried out using ancient equipment? One can hardly answer in the affirmative.

So how can the government deny reference to human rights approaches and treaties when discussing the right to internet access? If the government wishes to have the nation virtually connected, only to be improperly and dubiously curbed, there is no point in hosting Google, Facebook and other Silicon Valley giants in Indonesia.

Like any other relationship that envisions a clear future, the government thus has a duty to make Indonesia’s connection with the internet clear from both the economic and the rights perspective in order for us to have a brighter online future.
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The writer is an Australia Awards Scholar pursuing a master’s degree in human rights law at the Melbourne Law School, the University of Melbourne.