A/75/590
human rights, including freedom of movement, the right to privacy, the right to bodily
autonomy and the right to equality and non-discrimination, especially for refugees
and migrants. 128
3.
Border externalization
43. Border externalization – the extraterritorialization of national and regional
borders to other geographic regions in order to prevent migrant and refugee arrivals –
has become a standard border enforcement tool for many countries and regions. The
human rights violations associated with border externalizatio n are well
documented. 129 Border externalization does not affect all nationality or national origin
groups equally. It has a disproportionate impact on persons from Africa, Central and
South America and South Asia, and in many regions is fuelled by racializ ed,
xenophobic, ethnonationalist politics that seek to exclude certain national and ethnic
groups from regions on discriminatory bases. States and regional blocs have
increasingly relied on digital technologies to achieve this border externalization,
thereby consolidating and expanding discriminatory, exclusionary regimes.
44. One submission highlighted the European Border Surveillance System
(EUROSUR) as a programme that uses big data technologies to predict, control and
monitor traffic across European Union borders. 130 It deploys surveillance drones in
the Mediterranean Sea, in order to notify the Libyan coastguard to intercept refugee
and migrant boats and return migrants to Libya. 131 Although the European
Commission insists that the drones are only for civil surveillance purposes, 132 the
Office of the United Nations High Commissioner for Human Rights has spoken out
against coordinated pushbacks and failures to assist migrants and refugees in the
Mediterranean, making it one of the deadliest migration rout es in the world. 133
Surveillance technologies are essential for coordination in this context.
45. Another submission reported the participation of 13 European nations in the
ROBORDER project, a “fully functional, autonomous border surveillance system”. 134
ROBORDER consists of unpiloted mobile robots capable of functioning on a
stand-alone basis or in swarms, in a range of environments – aerial, water surface,
underwater, and ground. 135 This proposed increased use of drones to police Europe’s
borders exacerbates the decentralization of the border zone into various vertical and
horizontal layers of surveillance, suspending State power from the skies, and extends
the border visually and virtually, turning people into security objects and data points
to be analysed, stored, collected and rendered intelligible. 136 The usage of military, or
quasi-military, autonomous technology also bolsters the connection between
immigration, national security, and the increasing push towards the criminalization of
__________________
128
129
130
131
132
133
134
135
136
20-14872
Ibid.
See, for example, A/HRC/23/46, A/HRC/29/36 and A/72/335.
Submission by Maat for Peace, Development and Human Rights, citing Btihaj Ajana,
“Augmented borders: big data and the ethics of immigration control”, Journal of Information,
Communication and Ethics in Society, vol. 13, issue 1 (2015).
Submission by Franciscans International, citing www.middleeastmonitor.com/20190819-euusing-israel-drones-to-track-migrant-boats-in-the-med/.
Submission by Franciscans International, citing www.europarl.europa.eu/doceo/document/E-92019-003257-ASW_EN.pdf.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25875&LangID=E .
Submission by Homo Digitalis. See also https://roborder.eu/. The participating States are
Belgium, Bulgaria, Estonia, Finland, Germany, Greece, Hungary, Italy, Portugal, Romania,
Spain, Switzerland and the United Kingdom of Great Britain and Northern Ireland.
Ibid.
Raluca Csernatoni, “Constructing the EU’s high-tech borders: Frontex and dual-use drones for
border management”.
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