A/HRC/56/68
concerns about racial discrimination. Generative artificial intelligence is changing the world
and has the potential to drive increasingly seismic societal shifts in the future. The rapid
spread of the application of artificial intelligence across various fields is of deep concern to
the Special Rapporteur. This is not because artificial intelligence is without potential benefits.
In fact, it presents possible opportunities for innovation and inclusion. Such technologies are,
however, growing and evolving with largely unbridled momentum. The Special Rapporteur
is concerned that policy and legal measures that seek to manage and regulate artificial
intelligence are not keeping pace with the growth of this technology and that emerging efforts
to govern and regulate it are insufficiently attentive to its huge current capacity and future
potential to both perpetuate and deepen systemic racial discrimination, as well as to widen
inequality within and between regions, countries and communities.
7.
As articulated by the previous mandate holder, there is an enduring and harmful notion
that technology is neutral and objective:
The public perception of technology tends to be that it is inherently neutral and
objective, and some have pointed out that this presumption of technological
objectivity and neutrality is one that remains salient even among producers of
technology. But technology is never neutral – it reflects the values and interests of
those who influence its design and use, and is fundamentally shaped by the same
structures of inequality that operate in society.7
8.
In the present report, the Special Rapporteur addresses the ways in which the
predominant assumption that technology is objective and neutral is allowing artificial
intelligence to perpetuate racial discrimination.
A.
Cross-cutting ways in which artificial intelligence can contribute to
manifestations of racial discrimination
9.
Artificial intelligence is not a monolith. Indeed, there are several types. Predictive
artificial intelligence is considered a “traditional” form of the technology, and the models use
historical data, patterns and trends to make informed predictions about future events or
outcomes.
10.
Artificial intelligence that is used to identify printed characters, human faces, objects
and other information is another form of “traditional” artificial intelligence and encompasses
various technologies for recognizing and distinguishing objects, individuals and patterns in
the data with which it is provided.
11.
Generative artificial intelligence systems are newer forms of artificial intelligence.
They are versatile and can be used for a range of purposes. They encompass a class of
artificial intelligence systems designed to produce diverse outputs on the basis of extensive
training data sets, neural networks, deep learning architecture and user prompts. Generative
artificial intelligence models can produce a wide range of output, including images, text,
audio, video and synthetic data. Unlike artificial intelligence models that are focused on
identifying patterns in existing data, generative artificial intelligence is trained to create new
data points that mimic the patterns in and characteristics of the data used to train machine
learning models. The advent of generative artificial intelligence will lead to many new
applications, as well as many new human rights questions. 8
12.
These different types of artificial intelligence have a multitude of applications. The
Special Rapporteur elaborates on more specific examples of the uses of artificial intelligence,
and related implications in terms of racial discrimination, below. She wishes to stress,
however, that it is very important to examine commonalities in the ways in which artificial
intelligence can perpetuate racial discrimination, particularly within legal and policy debates
relating to its management and regulation. In such debates, the effects of artificial intelligence
must be viewed through the lens of systemic racism, defined as the “operation of a complex,
7
8
GE.24-08849
A/HRC/44/57, para. 12.
Australia Human Rights Commission submission. All submissions will be posted on the website of
the Office of the United Nations High Commissioner for Human Rights (OHCHR).
3