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