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domestic and international decision-making related to the governance of the digital
border industry. 46 The “revolving door” between public office and private companies
further tightens and blurs the line between government (border control, military) and
industry (security and consulting companies). 47 Corporations are also linked with
governments through joint ventures. According to one submission, for example, in
2016, French public-private company Civipol set up fingerprint databases for Mali
and Senegal. 48 Financed with €53 million from the European Union Emergency Trust
Fund for stability and addressing root causes of irregular migration and displaced
persons in Africa, these projects are aimed at identifying refugees arriving in Europe
from both countries and deporting them. 49 France owns 40 per cent of Civipol, while
arms producers Airbus, Safran and Thales each own more than 10 per cent of the
shares. 50 This further illustrates the manner in which Global North countries use
international aid to advance their border agendas in the Global South.
18. One researcher has pointed out the pressing concern of the rise of
“technocolonialism” which highlights “the constitutive role that data and digital
innovation play in entrenching inequalities between refugee s and humanitarian
agencies and, ultimately, inequalities in the global context”, 51 fuelled in part by
corporate profit and government abdication of human rights responsibility. These
inequalities are entrenched through forms of technological experimentati on, data and
value extraction, and direct and indirect forms of discrimination described in
section III below.
19. In short, many digital border technologies substitute or aid human decision making processes, sometimes in ways that raise serious human rig hts concerns. These
technologies also expand the power and control that governments and private actors
can exert over migrants, refugees, stateless persons and others, while simultaneously
shielding this power from legal and judicial constraints. In other words, they magnify
the potential for grave human rights abuses, and do so in ways that circumvent
substantive and procedural protections that have otherwise been essential in the
border enforcement context. Section III below highlights the range of discri minatory
human rights violations enabled by digital border machinery and infrastructure,
calling attention to these expansions of power and the contraction of constraints.
III. Mapping racial and xenophobic discrimination in digital
border and immigration enforcement
A.
Direct and indirect discrimination
1.
Online platforms
20. Consultations with migrants, refugees and stateless persons highlighted the use
of social media platforms such as Facebook, Twitter and WhatsApp to spread racist
and xenophobic hatred, and some reported having been targeted directly through
personal messages on these platforms. Participants in Malaysia, for example, reported
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47
48
49
50
51
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Ibid., citing www.escr-net.org/corporateaccountability/corporatecapture.
Submission by Dhakshayini Sooriyakumaran and Brami Jegan.
Mark Akkerman, “Expanding the fortress: the policies, the profiteers and the people shaped by
EU’s border externalisation programme” (2018).
Ibid., citing https://ec.europa.eu/trustfundforafrica/sites/euetfa/files/
eutf_2016_annual_report_final_en.pdf.
See https://privacyinternational.org/news-analysis/4290/heres-how-well-connectedsecuritycompany-quietly-building-mass-biometric and www.afronline.org/?p=42722.
Mirca Madianou, “Technocolonialism: digital innovation and data practices in the humanitarian
response to refugee crises”, Social Media + Society (April 2019).
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