A/HRC/48/Add.xx political approaches to border governance, the discriminatory effects of digital borders highlighted in this report cannot be redressed. States must comply with international human rights obligation to prevent racial discrimination in border and immigration enforcement and implement the recommendations provided in report 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, 181 and the Principles of Protection for Migrants, Refugees, and Displaced People During COVID-19182 which articulate existing State obligations, including with respect to equality and nondiscrimination, to ensure the human rights of migrants, refugees, stateless persons and related groups. 64. Adopt and strengthen human rights-based racial equality and nondiscrimination 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 importance of existing international human rights legal obligations in the regulation of the design and use of these technologies. 65. Pursue the action steps prescribed by General Recommendation No. 36 of the Committee on the Elimination of Racial Discrimination on preventing and combatting racial profiling by law enforcement officials, particularly those recommendations for comporting the use of artificial intelligence with international human rights law. 66. Ensure, both at the domestic and international levels, that border and immigration enforcement and administration are subject to binding legal obligations to prevent, combat and remedy racial and xenophobic discrimination in the design and use of digital border technologies. These obligations include but are not limited to: (a) Swift and effective action to prevent and mitigate the risk of the racially discriminatory use and design of digital border technologies, including by making racial equality and non-discrimination human rights impact assessments a prerequisite for the public deployment of systems. These impact assessments must incorporate meaningful opportunity for co-design and co-implementation with representatives of racially or ethnically marginalized groups, including refugees, migrants, stateless persons and related groups. A purely or even mainly voluntary approach to equality impact assessments will not suffice; a mandatory approach is essential; (b) An immediate moratorium on the procurement, sale, transfer and use of surveillance technology, until robust human rights safeguards are in place to regulate such practices. These safeguards include human rights due diligence that complies with international human rights law prohibitions on racial discrimination, independent oversight, strict privacy and data protection laws, and full transparency about the use of surveillance tools such as image recordings and facial recognition technology. In some cases, it will be necessary to impose outright bans on technology that cannot meet the standards enshrined in international human rights legal frameworks prohibiting racial discrimination; (c) Ensuring transparency and accountability for private and public sector use of digital border technologies, and enabling independent analysis and oversight, including by only using systems that are auditable; (d) Imposing legal obligations on private corporations to prevent, combat and remedy racial and xenophobic discrimination due to digital border technologies; (e) Ensuring that public-private partnerships in the provision and use of digital border technologies are transparent and subject to independent human rights oversight, and do not result in abdication of government accountability for human rights. 181 182 20 Institute on Statelessness and Inclusion et al. Zolberg Institute on Migration and Mobility et al., “Principles of Protection for Migrants, Refugees, and Displaced People During COVID-19,” (2020).

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