A/75/590 importance of existing international human rights legal obligations in the regulation of the design and use of these technologies. 58. At both the domestic and international levels, Member States must ensure 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 adoption of systems before they can be publicly deployed. 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. 59. 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 by migrants, refugees and stateless persons in the adoption, use and review of digital border technologies. She makes the recommendations set out below. 60. IOM should: (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; 24/25 20-14872

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