Pursuant to the adoption by the Human Rights Council (HRC) resolution “New and emerging digital technologies and human rights” (A/HRC/RES/41/11), the HRC Advisory Committee prepared a Study aiming to address the heightened need for the international community to establish appropriate guidance for new technologies regarding human rights. The Study looks at positive contributions of new tech in protecting human rights, but also key challenges. It also maps the progress made by the UN community and the gaps in the current framework to address human rights issues.
ECNL welcomes this initiative and applauds the study’s emphasis on international human rights. We also urge the HRC and relevant UN bodies to establish human rights-based processes to assess, report on, and provide remedy to adverse impacts of AI technologies. At the same time, we are also alarmed by the lack of consideration given to the inclusive dialogue and civil society participation in discussions on this topic.
Key strengths of the study:
- It rightfully states that data-driven technologies should be consistent with international human rights.
- It rightfully contextualizes AI deployment against the backdrop of growing dependency on the internet and attempts to curb civic freedoms.
- It rightfully cautions against the in-built biases of technologies and their role in exacerbating existing inequality and injustice.
Key concerns about the study:
- It reinforces the dangerous narrative of ‘techno-solutionism’.
- It downplays the negative impacts of emerging technologies and levels them with potential positives ones.
- It gives excessive attention to the needs and role of the private sector, at the expense of civil society and marginalised groups.
ECNL therefore recommends that the Advisory Committee revises the study to include the following:
- Governments should establish clear processes for assessing risks, impacts on human rights and democracy and potential red lines (including bans and moratoriums).
- Companies that design, develop or deploy emerging technologies have a responsibility to respect human rights, as consistent with the UN Guiding Principles on Business and Human Rights.
- Ensure meaningful civil society participation.
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