A/HRC/48/Add.xx
corporation: IBM.19 Other genocides also relied on systematic tracking of groups, such as the
Tutsi registries based on ethnicity identity cards, which facilitated the magnitude of the
Rwandan genocide.20 Post 9-11, the US experimented with various modes of data collection
on marginalized populations, which collected photographs, biometrics, and even first-person
interview data from over 84,000 flagged individuals coming from mostly Arab States. 21 In
all of these cases, different actors, including governments, exploited ideas about the neutrality
or non-prejudicial necessity of data collection to target marginalized groups on a
discriminatory basis.
14.
Autonomous technologies are also increasingly used in monitoring and securing
border spaces. For example, FRONTEX, the European Border and Coast Guard Agency, has
been testing unpiloted military-grade drones in the Mediterranean and Aegean for the
surveillance and interdiction of vessels containing migrants and refugees hoping to reach
European shores.22 An investigation by Bellingcat, Lighthouse Reports, Der Spiegel, TV
Asahi and Report Mainz produced credible evidence in October 2020 that FRONTEX has
been complicit in pushbacks,23 or the forced returns of refugees and migrants over a border
without consideration of individual circumstances and without possibility to apply for asylum
or appeal. Such pushbacks likely violate non-refoulement obligations under international
law, and are aided by surveillance technologies. Legal developments in Greece have
permitted the police to use drone surveillance to monitor irregular migration in border
regions, but allow doing so without ensuring the requisite legal protections for the human
rights of those subject to this surveillance. 24
15.
The usage of military, or quasi-military, autonomous technology bolsters the nexus
between immigration, national security, and the increasing criminalization of migration and
use of risk-based taxonomies to demarcate and flag cases.25 States, particularly those
experiencing large numbers of refugee and migrant arrivals, have been using various methods
to pre-empt and deter those seeking to legally apply for asylum. This normative shift towards
criminalization of asylum and migration works to justify increasingly hard-line and intrusive
technologies such as drones and various border enforcement mechanisms like remote sensors
and integrated fixed-towers with infra-red cameras (so-called autonomous surveillance
towers) to mitigate the ‘threat environment’ at the border.26 These technologies can have
drastic results. While so-called “smart-border” technologies have been called a more humane
alternative to other border enforcement regimes, studies have documented that such
technologies along the US-Mexico border have actually increased migrant deaths and pushed
migration routes towards more dangerous terrains.27 Chambers et al. have found that migrant
deaths have more than doubled since these new technologies have been introduced,28 creating
a “land of open graves.”29
16.
The use of these technologies by border enforcement is only likely to increase in the
‘militarised technological regime’ 30 of border spaces, without appropriate public
consultation, accountability frameworks, and oversight mechanisms. In the Korean
peninsula’s Demilitarized Zone (“DMZ”), “South Korea (Republic of Korea) has deployed
19
20
21
22
23
24
25
26
27
28
29
30
6
Edwin Black, IBM and the Holocaust: The Strategic Alliance between Nazi Germany and America’s
Most Powerful Corporation (2012).
https://www.theengineroom.org/dangerous-data-the-role-of-data-collection-in-genocides/.
http://www.aaiusa.org/nseers.
Petra Molnar, “Technological Testing Grounds: Migration Management Experiments and Reflections
from the Ground Up” (2020).
https://www.bellingcat.com/news/2020/10/23/frontex-at-fault-european-border-force-complicit-inillegal-pushbacks; https://www.spiegel.de/international/europe/eu-border-agency-frontex-complicitin-greek-refugee-pushback-campaign-a-4b6cba29-35a3-4d8c-a49f-a12daad450d7.
Homo Digitalis, Submission.
See Dimitri Van Den Meerssche, Submission.
Raluca Csernatoni, “Constructing the EU’s High-Tech Borders: FRONTEX and Dual-Use Drones for
Border Management” (2018).
Samuel Norton Chambers et al., “Mortality, Surveillance and the Tertiary ‘Funnel Effect’ on the U.S.Mexico Border: A Geospatial Modeling of the Geography of Deterrence” (2019).
Ibid.
Jason De León, The Land of Open Graves: Living and Dying on the Migrant Trail (2015).
Csernatoni, “Constructing the EU’s High-Tech Borders”.