A/HRC/56/68 can impact liberty and security of person and have life-and-death consequences for those from marginalized racial and ethnic groups. Article 6 of the Covenant outlines the inherent right to life and obligates States to provide legal protections in this regard. Article 7 provides that no one is to be subjected to torture or cruel, inhuman or degrading treatment or punishment. Article 9 provides that everyone has the right to liberty and security of person and that no one is to be subjected to arbitrary arrest or detention. Article 14 makes clear that all persons should be equal before the courts and tribunals. Article 26 provides for protection from discrimination for minority groups. Article 2 (1) of the Covenant establishes an obligation to ensure the non-discriminatory application of all the provisions of the Covenant. There are also provisions of the international human rights law framework relating to the use of artificial intelligence in immigration and border control and in the context of social media. These are explored in previous reports under the mandate. 89 64. International human rights law provides that all people who may be subjected to racial discrimination have a right of access to remedies, which applies in cases in which discrimination occurs as a result of artificial intelligence. Article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination provides for the right of access to effective protection and remedies, through competent national tribunals and other State institutions. In addition, the General Assembly has recognized five main elements of the right to a remedy and reparation for victims of gross human rights violations: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.90 65. Business entities play a significant role in the design and application of artificial intelligence. They are the main actors in its development and are often contracted by Governments to deploy it in public sector settings. The Guiding Principles on Business and Human Rights outline the relevant obligations of Governments and the relevant human rights responsibilities of both Governments and businesses. The Guiding Principles establish that States must protect against human rights abuses committed by third parties within their territory and/or jurisdiction, including business enterprises. States should provide such protection by ensuring effective policies, legislation, regulations and adjudication, among other actions. The Guiding Principles establish the responsibility of companies to prevent, mitigate and remedy human rights violations that they may cause or to which they may contribute and to conduct human rights due diligence with regard to relevant business activities.91 In addition, the Guiding Principles establish government obligations and business responsibilities to ensure access to remedies for business-related human rights violations, complementing the right to remedy provided for in other standards, as outlined above. The OHCHR B-Tech project has involved work on guidance and resources for implementing the Guiding Principles in the technology space, including specific work on artificial intelligence.92 IV. Conclusions and recommendations 66. The previous mandate holder issued a clear call to States and other stakeholders, including business entities, to reject a “colour-blind” approach to the governance and regulation of emerging technologies, including artificial intelligence. She urged States to regulate these technologies within an approach that recognizes structural racism and is based on key human rights standards. Nevertheless, the management and regulation of artificial intelligence largely remain insufficient, inadequately attentive to racial bias and not reflective of international human rights law standards. This reality persists 89 90 91 92 GE.24-08849 A/75/590 and A/78/538. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, paras. 15–23. See also United Nations Office on Genocide Prevention and the Responsibility to Protect and Economic and Social Research Council Human Rights, Big Data and Technology Project, University of Essex, “Countering and addressing online hate speech: a guide for policy makers and practitioners”, policy paper, July 2023; and A/74/486, paras. 44 and 45. See OHCHR, “B-Tech Project: OHCHR and business and human rights”, available at https://www.ohchr.org/en/business-and-human-rights/b-tech-project. 17