A/HRC/44/57
benefits, material damages, moral damage and costs incurred.135 Rehabilitation includes
provision of medical and psychological care as well as legal and social services. 136
Satisfaction is a wide-ranging element of reparations and remedies. Where appropriate,
satisfaction may encompass measures to stop violations, disclose truth, restore dignity,
accept responsibility, memorialize harms, and ensure sanctions against responsible
parties.137 Lastly, guarantees of non-repetition are measures of reparations and remedies
that contribute to non-recurrence. These are most closely associated with structural reform
and strengthening of State institutions, ensuring sufficient civilian oversight and proper
respect for human rights.138
67.
States must ensure restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition to victims of racial discrimination in the design and use
of emerging digital technologies. States should also refer to the guidance of the Special
Rapporteur on the promotion of truth, justice, reparation and guarantees of nonrecurrence, on the formulation and implementation of reparations measures, and to
the guidance of the Expert Mechanism on the Rights of Indigenous Peoples. 139
68.
The existing human rights framework on remedies and reparations is also an
important resource for private corporations committed to combating racial
discrimination in the use and design of emerging digital technologies. In other contexts,
private actors have played an important role in providing reparations for racial
discrimination, including by taking responsibility for their role in such discrimination. 140
Private corporations such as Microsoft, Apple, Amazon, Google, Facebook, Tencent
and Alibaba have an important role to play in providing restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition to victims of racial
discrimination related to their technologies and products.
135
136
137
138
139
140
20
Ibid., para. 20.
Ibid., para. 21.
Ibid., para. 22.
Ibid., para. 23.
See A/HRC/EMRIP/2019/3.
A/74/321, para. 62.