A/HRC/56/68 55. The Special Rapporteur received information about other States, such as Australia, China, India and Japan, that have reportedly taken steps to manage and regulate artificial intelligence, including through policy measures and, in some cases, binding legislation. 82 2. Regional initiatives 56. With regard to regional initiatives, the Special Rapporteur welcomes the information that she received from the European Union, as well as its member States, about the passing of the Artificial Intelligence Act. 83 She recognizes that the Act is a binding regulatory standard that will have a significant impact in the European Union region through the harmonization of national legal standards with its provisions. The Special Rapporteur welcomes that the text of the Artificial Intelligence Act incorporates race, has human rights safeguards for high-risk artificial intelligence uses, prohibits some uses of artificial intelligence and provides for remedy mechanisms for persons affected by the use of high-risk artificial intelligence systems. She also welcomes that the European Union anti-racism action plan for 2020–2025 reportedly addresses racial discrimination arising from the use of new technologies, such as artificial intelligence, suggesting a degree of policy coherence across different European Union standards. 84 However, the Special Rapporteur received deeply concerning information indicating that there are exceptions to the protections set out in the Act in the contexts of immigration and border management and law enforcement. 85 Such exceptions reportedly exist despite the significant historical racial discrimination in both of these domains and the inherent pitfalls of allowing parallel legal frameworks to develop. 86 Such an approach risks the entrenchment of existing racial hierarchies and the significant perpetuation of human rights violations in the contexts of immigration and border management and law enforcement across European Union member States. 3. International initiatives 57. The Special Rapporteur is aware of measures taken by the United Nations to contribute to the management of artificial intelligence. She welcomes the establishment by the Secretary-General of the High-level Advisory Body on Artificial Intelligence and the publication of its recent interim report. However, she laments that specific reference is not made in that report to the risk of racial bias and discrimination. The Special Rapporteur welcomes the work of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in integrating human rights into international dialogues about emerging technologies, such as artificial intelligence, including through the B-Tech Project. In addition to the work of the United Nations, the Special Rapporteur is aware of other international initiatives to promote dialogue and management, including initiatives of the Organisation for Economic Co-operation and Development and the Group of Seven. 87 58. International organizations are well placed to facilitate international cooperation, technical assistance and research aimed at ensuring that artificial intelligence is governed in a manner that does not exacerbate the already gross inequalities between countries, which exist in many cases as a legacy of colonialism and slavery. Significant differences in technological infrastructure may lead to different challenges for countries as they implement artificial intelligence tools. Much of the focus on artificial intelligence technology and the discrimination challenges that it poses has been focused on countries in the global North, which could lead to gaps in the understanding of how artificial intelligence will have an impact on cultural, religious and other minorities in the global South. 88 There is a risk that the most developed countries in the global North will be able to influence the debate and 82 83 84 85 86 87 88 GE.24-08849 NetMission.Asia submission. European Union and Spain submissions. European Union submission. See also https://www.europarl.europa.eu/doceo/document/TA-9-20240138_EN.html. Privacy International submission; and Access Now, “The EU AI Act: a failure for human rights, a victory for industry and law enforcement”, 13 March 2024. See A/HRC/48/76. NetMission.Asia submission. Danni Yu, Hannah Rosenfeld and Abhishek Gupta, “The ‘AI divide’ between the Global North and the Global South”, World Economic Forum, 16 January 2023. 15

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