A Role for the Human Rights Council

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Global challenges are best addressed by the international community collectively and on the basis of a universally accepted set of references. Human rights, as one of the three pillars of the UN Charter, constitute such a body of references. Furthermore, human rights are overarching in nature, insofar that the international community’s political and operational efforts in the fields of peace, security and development aim at respecting and protecting human rights and assuring human dignity.

Confronted, at the global level, with both the opportunities and the risks that new technologies and A.I. present for human rights and human dignity, the Human Rights Council (HRC), as the main intergovernmental body within the United Nations responsible for human rights, is well advised to examine and discuss these eminently important issues, and take adequate action; all the more that the digital divide, in its many forms, is exacerbating the negative impact of new technologies and A.I. on human rights and human dignity.

As a matter of fact, the HRC has already begun taking action to address human rights implications of A.I., notably through the consensual adoption of the resolution on new and emerging digital technologies (53/29) and other relevant resolutions, such as the recent adoption of the resolution on the right to privacy. In addition, the HRC’s special procedures have increasingly drawn attention to various opportunities and areas of concern in the use of A.I., as it relates to their respective mandates, including with regard to law enforcement, content moderation, the exacerbation of discrimination and marginalization of vulnerable populations and the violation of privacy rights.

Against the backdrop of various international initiatives in this area, such as the ongoing negotiations on the Global Digital Compact and the upcoming WSIS+20 process, it would be appropriate for the HRC to deliver more, on that basis, for a human rights-based approach to the accelerating and potentially harmful development and deployment of digital technologies, including A.I. – The HRC should strengthen its capacity to do so.

The HRC’s mandate, flowing from A/RES/60/251, and the procedures defined in its Institution building package provide the legal basis that warrants such a proactive role of the HRC in the ongoing international efforts for a human rights-based approach to establish pragmatic guardrails with universally acceptable standards and HRC mechanisms to the accelerating and potentially harmful technological development.

Instruments Tools and Formats

The HRC and its President and Bureau, in close cooperation with the Office of the High Commissioner for Human Rights, can chose from a series of instruments, tools and formats to address the issue of new technologies, A.I. and the digital divide:

-   by continuing to adopt resolutions, as well as appropriate, declarations, presidential statements and decisions, related to A.I. and other new and emerging digital technologies, and mandating the OHCHR to continue its valuable work in this field, including producing reports pertinent to this topic;

-   by elaborating further on the constitutive elements of a human rights-based approach to the governance of new and emerging digital technologies, including A.I.;

-   by providing authoritative guidance on applicable human rights norms, building upon the extensive existing work of the OHCHR and treaty bodies on this issues, as well as related various resolutions of the HRC on this topic;

-   by making A.I. related recommendations to the General Assembly for the further development of international law in the field of human rights applicable to the digital space, A.I. and new technologies, including on the need to pragmatically regulate new technologies and A.I. with a human rights-based approach, as well as on human rights-based governance architecture and structures for new technologies, data and A.I.;

-   by serving as a convener, a forum and a platform for constructive dialogues on thematic issues related to new and emerging digital technologies and human rights, as well as on ways to promote and elaborate further on a human rights-based approach to new and emerging digital technologies;

-   by serving more specifically as a forum for dialogues on thematic issues on the need to strengthen the capacity of the HRC to promote and elaborate further on a human rights-based approach in order to address the implications of new technologies, including A.I. in a holistic, comprehensive and inclusive manner;

-   by addressing A.I. related aspect in its work under its agenda item 10, most notably on access, data and digital public infrastructure as well as digital utilities and social services, capacities and investment;

-   by including A.I., data and digital aspects into the Universal Periodic Review (UPR) process, insofar that they are conducive to the implementation of member states’ human rights obligation or represent an obstacle to do so;

-   by mainstreaming A.I. related aspects into the mandates of special procedures, insofar that these aspects are helpful in fulfilling these mandates or represent an obstacle to do so. Given the increasing complexity, advancement and centrality of the digital and A.I. in human lives, reshaping of societies, culture, laws and anticipated risks and economic implications, the HRC may intentionally consider appropriate response by introducing new digital mandate holders specific to data, new digital technologies and A.I., in the context of human rights;

-   by defining taxonomies and ontologies to help integrating human rights considerations at the technical levels of developing new technologies and A.I.;

-   by following up to the request for a feasibility study with a view to establishing an integrated and accessible digital information and knowledge management system related to the Human Rights Council’s tools and activities, as expressed in Presidential statement A/HRC/PRST/OS/17/1.

Policies documents

-          the Zero Draft of the Global Digital Compact [27 mentions of human rights on 13 pages];

-          the UNESCO Recommendation on Ethics of A.I. (adopted by acclamation by 193 member states in Nov. 2021); (add link unesdoc.unesco.org/in/rest/annotationSVC/DownloadWatermarkedAttachment/attach_import_e86c4b5d-5af9-4e15-be60-82f1a09956fd?_=381137eng.pdf&to=44&from=1

 

-          the report of the UNSG’s High Level Advisory Board on A.I.  

-          the European A.I. Act [soon to be adopted]

-          the Council of Europe’s framework Convention on A.I., Human Rights, Democracy and the Rule of Law [soon to be adopted]

-          the OECD Principles on Artificial Intelligence

-          the UNGA landmark resolution on « Seizing the opportunities of safe, secure and trustworthy artificial intelligence systems for sustainable development” (March 21st, 2024)

Outreach

Furthermore, the HRC, through its President and mandated co-facilitators, should reach out to other relevant organizations and entities with mandates, expertise and experiences in the fields of new technologies, A.I. and the digital divide, in their respective sectors, first and foremost: