A/75/590 IV. Recommendations 54. In her report to the Human Rights Council, the Special Rapporteur provided States with a structural and intersectional human rights law approach to racial discrimination in the design and use of emerging digital technologies. The report explained the applicable international human rights obligations, highlighting: (a) The scope of legally prohibited racial discrimination in the design and use of emerging digital technologies; (b) Obligations to prevent and combat racial discrimination in the design and use of emerging digital technologies; (c) Obligations to provide effective remedies for racial discrimination in the design and use of emerging digital technologies. 55. The Special Rapporteur explained the concepts and doctrines of direct, indirect and structural racial discrimination under international human rights law and outlined the obligations that these imposed on States with regard to emerging digital technologies. She noted that these obligations also had implications for non-State actors, including corporations, which in many respects exert more control over these technologies than States do. She reiterates her analysis and recommendations in that report and urges States to consider them alongside the recommendations included in the present report. The focus of this recommendations section is implementing the human rights equality and non-discrimination obligations highlighted in the Human Rights Council report in the specific context of border and immigration enforcement. 56. Member States must address the racist and xenophobic ideologies and structures that have increasingly shaped border and immigration enforcement and administration. The effects of technology are in significant part a product of the underlying social, political and economic forces driving the design and use of technology. Without a fundamental shift away from racist, xenophobic, anti migrant, anti-stateless and anti-refugee political approaches to border governance, the discriminatory effects of digital borders highlighted in the present report cannot be redressed. States must comply with international human rights obligations to prevent racial discrimination in border and immigration enforcement and implement the recommendations provided in the report of the Special Rapporteur entitled “Racial discrimination and emerging digital technologies: a human rights analysis” (A/HRC/44/57). States should also follow the guidance provided by interventions such as the Principles on Deprivation of Nationality as a National Security Measure 172 and the Principles of Protection for Migrants, Refugees and Other Displaced Persons During COVID-19,173 which articulate the existing obligations States have, including with respect to equality and non-discrimination, to ensure the human rights of migrants, refugees, stateless persons and related groups. 57. Member States must adopt and strengthen human rights-based racial equality and non-discrimination legal and policy approaches to the use of digital technologies in border and immigration enforcement and administration. There currently exists no integrated regulatory global governance framework for the use of automated and other digital technologies, which only raises the __________________ 172 173 20-14872 Institute on Statelessness and Inclusion et al., Principles on Deprivation of Nationality as a National Security Measure. Zolberg Institute on Migration and Mobility et al., Principles of Protection for Migrants, Refugees and Other Displaced Persons During COVID-19 (2020). 23/25

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