A/HRC/56/68
dialogue on artificial intelligence in a way that perpetuates global power imbalances and
limits the ability of countries in the global South to reap the potential benefits.
D.
International human rights law framework
59.
Artificial intelligence technology should be grounded in international human rights
law standards. The most comprehensive prohibition of racial discrimination can be found in
the International Convention on the Elimination of All Forms of Racial Discrimination. As
reflected in article 1 (1), States drafted the Convention to incorporate a broad definition of
racial discrimination as any distinction, exclusion, restriction or preference based on race,
colour, descent, or national or ethnic origin that has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other field of public
life.
60.
States parties to the International Convention on the Elimination of All Forms of
Racial Discrimination have committed to pursuing the realization of a domestic and
international community free of all forms of racism. To facilitate the substantive realization
of racial equality, article 2 of the Convention requires States parties to ensure that they neither
take part in any act of racial discrimination nor further programmes that lead to racial
inequality. Furthermore, where racism, racial inequality or racial discrimination exists, States
parties have an obligation to take effective and immediate action. This obligation to act is
absolute. States parties’ obligations to prevent racial inequality and racial discrimination
encompass both preventive and remedial actions. While the Convention provides the most
comprehensive prohibition of racial discrimination, other treaties also provide protection
from such forms of discrimination.
61.
Obligations to achieve racial equality and ensure non-discrimination extend to all
areas of government policy and influence, including the design and application of artificial
intelligence technologies. Whether racial discrimination resulting from artificial intelligence
is intentional or not is irrelevant to States parties’ duty to act, given the scope of the
prohibition of racial discrimination under the International Convention on the Elimination of
All Forms of Racial Discrimination and other human rights treaties. The duties of States
parties to the Convention to pursue the realization of a domestic and international community
free of all forms of racial discrimination are also relevant to the way in which States prevent
and address inequalities within and between countries in relation to the distribution of the
benefits of artificial intelligence technologies.
62.
States must also ensure that all racial and ethnic groups enjoy the full scope of their
human rights, as encompassed in article 5 of the International Convention on the Elimination
of All Forms of Racial Discrimination. Article 5 provides for equality before the law,
including, inter alia, the rights to equal treatment before the tribunals and all other organs
administering justice; to security of person and protection by the State against violence or
bodily harm, whether inflicted by government officials or by any individual group or
institution; to freedom of peaceful assembly and association; to public health, medical care,
social security and social services; and to education and training. These rights, as well as
provisions guaranteeing their non-discriminatory application, are also provided for in other
human rights treaties, including the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights.
63.
There are other provisions of international human rights law that bestow upon States
the responsibility to address the discriminatory impacts of artificial intelligence technologies,
as described above. The collection and use of data without human rights safeguards raises
significant privacy concerns, which can be amplified for those from marginalized racial and
ethnic groups. Accordingly, the Special Rapporteur would like to remind States of the
provisions of article 17 of the International Covenant on Civil and Political Rights that
provide for freedom from arbitrary or unlawful interference in a person’s privacy and bestow
an obligation on States to ensure relevant legal protections. Other provisions of the Covenant
also apply to manifestations of racial discrimination relating to artificial intelligence
technologies. The use of artificial intelligence, including in contexts such as law enforcement,
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