A/HRC/48/Add.xx 67. The Special Rapporteur had the opportunity to consult with representatives of UNHCR and IOM on their use of different digital border technologies. Based on those consultations, she recommends that both bodies adopt and implement mechanisms for sustained and meaningful participation and decision-making of migrants, refugees and stateless persons in the adoption, use and review of digital border technologies. She further recommends: IOM: (a) Mainstream and strengthen international human rights obligations and principles, especially relating to equality and non-discrimination in its use and oversight of digital border technologies, including in all its partnerships with private and public entities. This requires moving beyond a narrow focus on privacy concerns relating to data sharing and data protection, and mandating rather than recommending equality and non-discrimination protections; (b) Adopt mandatory policies and practices for systemic analysis of potential harmful and discriminatory impacts of digital border technologies prior to the adoption of these technologies, and prohibit adoption of technologies that cannot be shown to meet equality and non-discrimination requirements. Provide clearer, more concrete human rights-based guidelines on the criteria for the designation of “zero option” digital technologies, and ensure the implementation of these guidelines; (c) Adopt mandatory ongoing human rights assessment protocols for digital border technologies once deployed; UNHCR: 68. Relative to IOM, UNHCR has taken greater steps to engage with equality and non-discrimination norms in its guidance frameworks relating to digital border technologies, but it too has significant additional work to do to ensure that those norms are realized in its practice. In this regard, the Special Rapporteur recommends that UNHCR: (a) Ensure the effective implementation of its policies and practices for systemic analysis of potential harmful and discriminatory impacts of digital border technologies prior to the adoption of these technologies, and prohibit adoption of technologies that cannot be shown to meet equality and non-discrimination requirements. Provide clearer, more concrete human rights-based guidelines on the criteria for the designation of “zero option” digital technologies, and ensure the implementation of these guidelines; (b) Ensure the use and implementation of mandatory ongoing human rights assessment protocols for digital border technologies once deployed; 69. The Special Rapporteur recommends that IOM and UNHCR: (a) Create mechanisms for independent human rights oversight of their use of digital border technologies and implement reforms to ensure greater transparency in how decisions are made to adopt these technologies; (b) Provide migrants, refugees, stateless persons and related groups with mechanisms for holding them directly accountable for violations of their human rights resulting from the use of digital border technologies. All UN Humanitarian and Related Bodies: Implement the recommendations above addressed to IOM and UNHCR. 21

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