A/75/590
IV. Recommendations
54. In her report to the Human Rights Council, the Special Rapporteur
provided States with a structural and intersectional human rights law approach
to racial discrimination in the design and use of emerging digital technologies.
The report explained the applicable international human rights obligations,
highlighting:
(a) The scope of legally prohibited racial discrimination in the design and
use of emerging digital technologies;
(b) Obligations to prevent and combat racial discrimination in the design
and use of emerging digital technologies;
(c) Obligations to provide effective remedies for racial discrimination in
the design and use of emerging digital technologies.
55. The Special Rapporteur explained the concepts and doctrines of direct,
indirect and structural racial discrimination under international human rights
law and outlined the obligations that these imposed on States with regard to
emerging digital technologies. She noted that these obligations also had
implications for non-State actors, including corporations, which in many
respects exert more control over these technologies than States do. She reiterates
her analysis and recommendations in that report and urges States to consider
them alongside the recommendations included in the present report. The focus
of this recommendations section is implementing the human rights equality and
non-discrimination obligations highlighted in the Human Rights Council report
in the specific context of border and immigration enforcement.
56. Member States must address the racist and xenophobic ideologies and
structures that have increasingly shaped border and immigration enforcement
and administration. The effects of technology are in significant part a product of
the underlying social, political and economic forces driving the design and use of
technology. Without a fundamental shift away from racist, xenophobic, anti migrant, anti-stateless and anti-refugee political approaches to border
governance, the discriminatory effects of digital borders highlighted in the
present report cannot be redressed. States must comply with international
human rights obligations to prevent racial discrimination in border and
immigration enforcement and implement the recommendations provided in the
report of the Special Rapporteur entitled “Racial discrimination and emerging
digital technologies: a human rights analysis” (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 172 and the Principles
of Protection for Migrants, Refugees and Other Displaced Persons During
COVID-19,173 which articulate the existing obligations States have, including
with respect to equality and non-discrimination, to ensure the human rights of
migrants, refugees, stateless persons and related groups.
57. Member States must adopt and strengthen human rights-based racial
equality and non-discrimination 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
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172
173
20-14872
Institute on Statelessness and Inclusion et al., Principles on Deprivation of Nationality as a
National Security Measure.
Zolberg Institute on Migration and Mobility et al., Principles of Protection for Migrants,
Refugees and Other Displaced Persons During COVID-19 (2020).
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