A/HRC/48/Add.xx
67.
The Special Rapporteur had the opportunity to consult with representatives of
UNHCR and IOM on their use of different digital border technologies. Based on those
consultations, she recommends that both bodies adopt and implement mechanisms for
sustained and meaningful participation and decision-making of migrants, refugees and
stateless persons in the adoption, use and review of digital border technologies. She
further recommends:
IOM:
(a)
Mainstream and strengthen international human rights obligations and
principles, especially relating to equality and non-discrimination in its use and oversight
of digital border technologies, including in all its partnerships with private and public
entities. This requires moving beyond a narrow focus on privacy concerns relating to
data sharing and data protection, and mandating rather than recommending equality
and non-discrimination protections;
(b)
Adopt mandatory policies and practices for systemic analysis of potential
harmful and discriminatory impacts of digital border technologies prior to the adoption
of these technologies, and prohibit adoption of technologies that cannot be shown to
meet equality and non-discrimination requirements. Provide clearer, more concrete
human rights-based guidelines on the criteria for the designation of “zero option”
digital technologies, and ensure the implementation of these guidelines;
(c)
Adopt mandatory ongoing human rights assessment protocols for digital
border technologies once deployed;
UNHCR:
68.
Relative to IOM, UNHCR has taken greater steps to engage with equality and
non-discrimination norms in its guidance frameworks relating to digital border
technologies, but it too has significant additional work to do to ensure that those norms
are realized in its practice. In this regard, the Special Rapporteur recommends that
UNHCR:
(a)
Ensure the effective implementation of its policies and practices for
systemic analysis of potential harmful and discriminatory impacts of digital border
technologies prior to the adoption of these technologies, and prohibit adoption of
technologies that cannot be shown to meet equality and non-discrimination
requirements. Provide clearer, more concrete human rights-based guidelines on the
criteria for the designation of “zero option” digital technologies, and ensure the
implementation of these guidelines;
(b)
Ensure the use and implementation of mandatory ongoing human rights
assessment protocols for digital border technologies once deployed;
69.
The Special Rapporteur recommends that IOM and UNHCR:
(a)
Create mechanisms for independent human rights oversight of their use
of digital border technologies and implement reforms to ensure greater transparency
in how decisions are made to adopt these technologies;
(b)
Provide migrants, refugees, stateless persons and related groups with
mechanisms for holding them directly accountable for violations of their human rights
resulting from the use of digital border technologies.
All UN Humanitarian and Related Bodies:
Implement the recommendations above addressed to IOM and UNHCR.
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