A/HRC/57/70 people of African descent, while often concentrated in resource-rich areas, remain socially and economically disadvantaged. This is the case in digitalization, in science and technology as much as necessary for the advancement of their communities and societies, as they have excelled in other areas such as the arts and sports. E. The arts, sports and culture 50. The cultural rights of people of African descent risk marginalization in the digital age. Digital platforms and AI algorithms that prioritize certain types of content over others can marginalize cultural expressions and contributions from communities of African descent. This cultural marginalization not only undermines the diversity of digital spaces but also contributes to the erasure of Black cultural identities and narratives. The lack of representation in the development of digital technologies means that the cultural nuances and needs of people of African descent are often overlooked. This exclusion is particularly evident in content recommendation algorithms on social media and streaming platforms, which may not promote content created by or relevant to Black communities. Through policies and practices, it is imperative to design meaningful inclusivity and representation in the tech industry to ensure that digital technologies serve the diverse cultural needs of all communities. 51. Digitalization has the potential to bring diverse people together to build strong relationships through various forms of artistic expression. A growing body of research points towards the value of arts and sports-based community development initiatives and standpoint projects involving transformative youth organising with people of African descent which seek to support people in the exploration and self-expression of their identities and develop their sense of agency. People of African descent recognize the value of arts in renegotiating identities. It can provide ‘a powerful means of representing identity, and of asserting cultural difference’.36 However, a knowledge gap persists, for example around how young African diaspora in Australia create and use the art form of Hip Hop to develop and broadcast their political voice as a site of resistance, particularly to racializing discourses for sustaining agency, countering stereotypes, and through self-determination. Digitalization is not always used to benefit of people of African descent, however. Unlimited access to the intellectual property of others remains a major concern. F. Current and emerging regulatory regime 52. The Working Group takes note of the diversity of measures and initiatives being taken at the national, regional and international levels to address the moral and ethical concerns about AI. 53. In October 2022, the Food and Drug Administration 37 in the United States, issued guidance significantly broadening the scope of the tools it plans to regulate. This guidance emphasizes that more must be done to combat bias and promote equity amid the growing number and increasing use of AI and algorithmic tools. On 30 October 2023, the United States government issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,38 which stressed the need for AI policies to comply with all Federal laws and be consistent with “equity and civil rights”. It expressed concern about how AI had been used to deepen discrimination and bias. It stated that AI 36 37 38 Sarah Williams, submission by the African Australian Advocacy Centre. See Food and Drug Administration, “Clinical Decision Support Software: Guidance for Industry and Food and Drug Administration Staff”, 28 September 2022, available at https://www.fda.gov/media/109618/download. The White House, “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”, 30 October 2023, available at https://www.whitehouse.gov/briefingroom/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthydevelopment-and-use-of-artificial-intelligence/. 13