A/75/590
and recognition by the States in which they resided. Stateless persons, who are
predominantly from racial and ethnic minorities, are systematically excluded from
digital identity databases and documentation. Centralized biometric identification
systems challenge the internationally recognized framework of nationality and
citizenship in multiple ways. Key problems include algorithmic decision -making, and
taking decisions on legal status out of the hands of government officials and placing
them in the hands of machines or registrars administering biometric data kits. This
can have the effect of de facto denaturalization without due process or safeguards.
The same key considerations that must flow into every nationality deprivation
decision, including non-discrimination, avoidance of statelessness, prohibition of
arbitrariness, proportionality, necessity and legality, 58 must also be present when
considering the introduction of centralized biometric identification systems. The
introduction of digital governance structures risks deprivation of nationality by proxy
measures, without due process – both intentionally and as a result of incomplete or
flawed civil registration systems. 59 During consultations, participants from Kenyan
Nubian and Somali communities, and Rohingya communities, for example, reported
systematic difficulties securing digital identification, which then threatened their
ability to access formal employment and other basic needs. In some cases, digital
identification regimes seemed to exacerbate statelessness by resulting in complete
exclusion and non-recognition of ethnic minority groups.
4.
Language recognition
25. Although automated registration systems may be adopted for the purpose of
enhancing bureaucratic efficiency, their technology can produce discriminatory
outcomes. According to one submission, the Federal Office for Migration and
Refugees, of Germany, 60 uses TraLitA, an automatic transliteration programme, to
register Arabic names in the Latin alphabet. However, the system is more error -prone
for applicants whose names originate from the Maghreb region, giving a success rate
of 35 per cent in contrast to 85 to 90 per cent for names of Iraqi or Syrian applicants.
Arabic-speaking applicants may also be subject to a dialect analysis upon registration.
The Federal Office for Migration and Refugees uses software to analyse the
applicant’s spoken language sample to determine the plausibility of the stated national
origin. This software relies on the Levantine dialect of Arabic, 61 and the submission
raises the serious concern that the software’s “susceptibility to errors has never been
checked by a specialist supervisory control and cannot be understood by external
actors with no recourse to the algorithms used”. 62 The obvious risk is that speakers of
Arabic dialects not represented by the software may erroneously be deemed
non-credible, and therefore excluded from legal and other protections on a
discriminatory basis.
5.
Mobile data extraction and social media intelligence on migrant and
refugee populations
26. Governments are increasingly targeting the electronic devices of migrants and
refugees as a means to verify the information they provide to border and immigration
authorities. Officials are able to do so using mobile extraction tools that download
data from smartphones – including contacts, call data, text messages, stored files,
__________________
58
59
60
61
62
12/25
Institute on Statelessness and Inclusion et al., Principles on Deprivation of Nationality as a
National Security Measure (2020), available at https://files.institutesi.org/PRINCIPLES.pdf.
Ibid., principle 10.
Submission by Geselleschaft für Freiheitsrechte.
Ibid.
Ibid.
20-14872