Third Committee Underscores Need for Legally Binding Tool to Enforce Right to Development, Unrealized by Millions Worldwide, Directed Also at Businesses
Committee Also Spotlights Technology, Threats to Contemporary Slavery, Risks of Artificial Intelligence, Right to Privacy
The conclusion of a legally binding instrument on the right to development is a huge step towards its eventual realization, a United Nations expert told the Third Committee (Social, Humanitarian and Cultural) today, as delegates also discussed the widening development gap between the Global South and the Global North, the use of technology in facilitating and preventing contemporary forms of slavery and the right to privacy.
Zamir Akram, Chair-Rapporteur of the Working Group on the Right to Development, cited the conclusion of a legally binding instrument on the right to development as “the most important task” before the Working Group since 2019. The Human Rights Council has submitted its draft to the General Assembly for its negotiation and subsequent adoption. Several Member States strongly advocated for the draft to be termed a “covenant”; while there is no difference between covenant and convention legally, the use of the former solemnly emphasizes that there is no hierarchy between human rights. The right to development must be treated on the same footing as the two other accords on human rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
Echoing this stance, Surya Deva, Special Rapporteur on the right to development, said the time has come for the world community to give this right — which remains unrealized for millions of people worldwide — legitimate space in the universe of human rights. Businesses should contribute to realizing all facets of the right to development by, inter alia, paying living wages to workers, bridging the digital divide, paying taxes and respecting cultural rights of Indigenous Peoples. Calling for a new model of “planet-centred participatory development”, he stressed that the shareholder primacy model — which pushes many companies to take decisions that harm people or the planet — must change. Accordingly, he advocated for the creation of binding human rights obligations for businesses.
When the floor opened for questions and comments, numerous delegates highlighted the impact of unilateral coercive measures on the right to development, with Venezuela’s delegate, who spoke on behalf of the Group of Friends in Defence of the Charter of the United Nations, underlining that illegal imposition of such measures represents a deliberate attack on the right to development of over one third of humanity. Their objective is to cause pain and suffering, he asserted, also emphasizing that the widening gap between the Global South and Global North has driven over 80 per cent of the global population into poverty.
Adding to that, Cuba’s delegate detailed how the economic, financial and commercial blockade imposed on his country directly affects the realization of the right to development and flagrantly violates its peoples’ human rights. Further, he pointed out that centuries of exploitation, pillaging and colonialism against the Global South and its resources were perpetuated by a world order that should be substituted with a more inclusive one.
Along similar lines, the representative of Zimbabwe highlighted the impact of unilateral coercive measures on the millions of people across the globe for whom the right to development remains elusive.
In the afternoon, the Committee heard from Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, who focused on the use of technology in facilitating and preventing contemporary forms of slavery. New technologies have become both a medium in which contemporary forms of slavery manifest and a means to restore freedom to victims. Certain digital technologies can facilitate contemporary forms of slavery, as they are frequently used by traffickers and exploiters to gain trust and access information, then recruit and follow victims through surveillance and geolocation.
Simultaneously, technology can play a crucial role in preventing contemporary forms of slavery, he observed, adding that artificial intelligence (AI) algorithms can identify exploitative working conditions, human trafficking routes and suspicious financial transactions as well as perpetrators and victims. However, “technology is not a silver bullet”, he said, adding that “it is not suited to address the root causes, such as poverty, inequality and discrimination”. Also, technological tools must conform to existing international human rights standards.
Also briefing the Committee was Ana Brian Nougrères, Special Rapporteur on the right to privacy, who said that AI has reached a state of omnipresence. Its widespread use poses opportunities and threats, she said, stressing that dangers resulting from biased or incorrect decisions against people must be tackled responsibly. Against this backdrop, she called on States to promote transparency in the development of AI to mitigate risks, as well as promote ethical practices ensuring the explicability of personal data.
In the ensuing interactive dialogue, delegates underscored the need to implement measures to ensure that new technologies comply with human rights.
The United States’ representative spotlighted the recent detection of commercial spyware on a prominent independent Russian Federation’s journalist’s phone. His country has placed restrictions on the procurement and use of commercial spyware that poses risks to national security or risks being misused to abuse human rights, he pointed out.
Meanwhile, the representative of the Russian Federation said that the world is witnessing large scale violations of the human right to privacy in numerous Western countries. “The West has traditionally obstructed cooperation in the area of technology transfer […] to keep to its global domination,” he added.
China’s representative said Washington has long been implementing large-scale organized and indiscriminate cybertheft around the world, seriously infringing the right to privacy of various countries’ citizens, including its own. “We condemn the irresponsible behaviour of the US Government,” he said.
Interactive Dialogues — Right to Development
In the morning the committee commenced its discussion on the right to development, with interactive dialogues featuring presentations by: Zamir Akram, Chair-Rapporteur of the Working Group on the Right to Development; Liliana Valiña, Chair of the Expert Mechanism on the Right to Development; and Surya Deva, Special Rapporteur on the right to development.
Mr. AKRAM updated the Committee on the work of the Working Group, which monitors and reviews progress made in the promotion and implementation of the right to development, analyses obstacles to its full enjoyment and provides recommendations, bringing together Member States, relevant UN agencies and civil society representatives in removing the obstacles to inclusive and sustainable development. The most important task before the Working Group since 2019 has been the conclusion of a legally binding instrument on the right to development, as mandated by the Human Rights Council, he said, adding that a final text was submitted to the Council in September this year.
Several Member States strongly advocated for the draft to be termed a “covenant”, he said. While there is no difference between covenant and convention legally, the use of the former solemnly emphasizes that there is no hierarchy between human rights and that the right to development must be treated on the same footing as the two other sets of human rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. He added that concluding the draft covenant is a huge step forward towards the eventual realization of the right to development. He noted that the Human Rights Council submitted the draft international covenant on the right to development to the General Assembly for its consideration, negotiation and subsequent adoption.
The General Assembly is the appropriate forum to bring negotiations to their logical conclusion, he said, adding that its universal membership and comprehensive mandate make it indeed the most appropriate body to further negotiate and finalize this important treaty. The United Nations Declaration on the Right to Development, adopted in 1986, must be elevated to the status of a binding covenant on par with other human rights, he said. He concluded by echoing a call from the High Commissioner for Human Rights, who said the Declaration promises an international order that can better fulfil human rights and it is time to act on it.
Ms. VALIÑA reported on the group’s activities. The Mechanism held two sessions during the reporting period, she said, noting the submission to the Human Rights Council of three thematic studies: “Right to development in international investment law”; “Inequality, social protection and right to development”; and “Duty to cooperate and non-State actors”. Under the New Agenda for Peace, the Mechanism recommends that development assistance be anchored around the principles of the right to development, she said, underscoring that this requires respect for self-determined development priorities of the rights holders in the country and non-conditionality of assistance. The right to development supports a system of measurement that takes more criteria into account than gross domestic product (GDP), including a country’s civil, political, social and environmental outlooks. She offered recommendations to reform the international financial system, including reforming the architecture of sovereign debt, which currently does not allow developing countries to overcome their financial vulnerabilities.
The right to development recognizes continuity of development across generations, she said, recommending that, to translate intergenerational equity into practice, the international community must address climate change for the well-being of future generations as well as address inequality between States. She noted that most people of future generations will be born into low- or middle-income countries, adding that supporting vulnerable communities through social investment will benefit them. To engage youth and encourage participation, the Experts of the Mechanism have multiple recommendations, she said, such as including young people as partners, project leaders and decision-makers in international cooperation; strengthening or creating new mechanisms at all levels enabling non-discriminatory participation of young women and men; and providing adequate financial support, intergenerational solidarity, and empowerment to strengthen youth capacity for meaningful participation, she said.
Mr. DEVA highlighted a report he presented to the Human Rights Council last month (document A/HRC/54/27), in which he identified challenges undermining the ability of States and other actors to fully realize the right to development. He said said the right to development remains unrealized for millions of people worldwide. Businesses, he emphasized, should contribute to realizing all four facets of the right to development: economic, social, cultural and political development. They can do so by paying living wages to workers, bridging the digital divide, paying taxes, advancing substantive gender equality, respecting cultural rights of Indigenous Peoples, and facilitating the participation of people in decision-making. At the same time, many business models are inconsistent with a holistic understanding of the right to development because they are creating inequalities and damaging the planet. The existing development narrative reflecting a sequencing mindset between economic development and human rights is also problematic.
The world needs a new model of “planet-centred participatory development”, he said, noting three key elements of the shift. First, the purpose of business should be reimagined. The shareholder primacy model, which pushes many companies to take decisions that harm people or the planet, must change. Similarly, the current compensation model of corporate executives should be reformed, as it discourages focus on long-term value creation or protection of the environment. Second, businesses should change irresponsible business models. Companies should not treat workers as a commodity to maximize profits, encourage the use of unhealthy products such as tobacco, promote unsustainable consumption with total disregard for the environment, or indulge in lobbying against States’ policies on phasing out fossil fuel, he said. Third, businesses should go beyond the “do no harm” approach. To end poverty, hunger and child labour or to achieve substantive gender equality, businesses will need to take positive steps to aid individuals or groups left behind systemically by the current economic order. States and civil society organizations have a critical enabling role in supporting this fundamental shift in the role of business in society. States should create binding human rights obligations for businesses. They should also change the current legal architecture that facilitates business abuse of human rights or pollution of the environment. On the other hand, civil society organizations should continue to address imbalances of power between people and businesses and support inclusive participation of people in development-related decisions made by businesses.
The time has come for the world community to give the right to development its legitimate space in the universe of human rights, he said. In this context, it will be critical to adopt the draft Covenant on the Right to Development as soon as possible and take proactive measures to implement it at the national level. As the international community marks the 75th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of the Vienna Declaration and Programme of Action, all States and other actors must work together to ensure that the right to development remains central to the 2030 Agenda for Sustainable Development, the Summit of the Future, and the Secretary General’s calls to address structural issues in the current economic and financial architecture.
In the ensuing interactive dialogue, delegates cited the right to development as an inalienable human right, which contributes to the full realization of all human rights. The representative of Pakistan noted that it provides a blueprint for a world where everyone has the opportunity to reach their full potential. Current global challenges — such as conflict, climate change and recovery from the COVID-19 pandemic — visibly reveal that principles of global solidarity, responsibility and burden-sharing are eroding. This, in turn, contributes to an unjust and unfair socioeconomic and political world order. In light of the above, the right to development is not an abstract ideal but a fundamental human right, he stressed.
Adding to that, the representative of the European Union, in its capacity as observer, underlined that the pursuit of development can never justify violations of human rights. She asked the Special Rapporteur about good practices vis-à-vis the duty of businesses to protect human rights by conducting human rights due diligence, and what measures States can take to ensure free civic space.
Numerous delegates spotlighted the issue of unilateral coercive measures, with Venezuela’s delegate, who spoke on behalf of the Group of Friends in Defence of the Charter of the United Nations, underscoring that illegal imposition of such measures violates the norms of international law, poses obstacles to implementation of the 2030 Agenda and represents a deliberate attack on the right to development of over one third of humanity. Their objective is to cause pain and suffering, he asserted, emphasizing the importance of their full lifting. He further highlighted that sustained and historical socioeconomic inequalities between the Global South and the Global North continue to expand. The gaps between developed and developing countries are the result, inter alia, of unjust and unequal exploitation of the vast natural resources of the countries in the Global South, obtained in an advantageous manner. This situation has consolidated over time a system of international relations in which the concentration of wealth is in the hands of a few, resulting in an inequitable economic order, which is at the core of poverty, hunger, socioeconomic and technological inequalities and instability in the world. The widening gap between the Global South and the Global North has driven over 80 per cent of the global population into poverty, he said.
Echoing his concerns, Cuba’s delegate said that centuries of exploitation, pillaging and colonialism against the Global South and its resources were perpetuated by a world order that should be substituted with a more inclusive one. To enable countries to move towards their right to development, it is crucial to end unilateral coercive measures, which run counter to the UN Charter. The economic, financial and commercial blockade imposed on Cuba directly affects the realization of the right to development and flagrantly violates human rights of Cubans. He further highlighted States’ responsibility to agree on a legally binding instrument on the right to development, which “will not be an easy process”.
In the same vein, the representative of Belarus said that, despite the concept of human rights having existed for decades, the right to development “must somehow still be proven for some”. Moreover, many people are forced to struggle for the sovereign right to development without external interference, including unilateral coercive measures that run contrary to international law.
The delegate of the Russian Federation said that it was timely to consider the adoption of a legally binding document or covenant. She welcomed the adoption of the Human Rights Council’s resolution in this regard and called on all Member States to contribute to the process. In conclusion she asked what additional measures the United Nations could take towards its full implementation.
The representative of Tunisia, who spoke on behalf of the African Group, welcomed the Human Rights Council’s recommendation of the adoption of the Covenant. The principle of the right to development is enshrined in article 22 of the African Charter on Human and Peoples’ Rights and said this is an important issue for the continent and the world. He called on all Member States to constructively engage in the discussion of what is one of the most important issues globally, without consideration to political divides. He looked forward to a legally binding instrument to be the basis for all of the components of this right.
The delegate of China welcomed the efforts of the Working Group and said a happy life for all is the biggest human right and that development is key to developing it. He added that people-centered development and a focus on inadequate and uneven development are important. He said development should be at the centre of the human rights agenda and asked how further collaboration and the right to development in the convention and other instruments can be enhanced.
The representative of Zimbabwe, aligning himself with the Group of Friends in Defense of the Charter of the United Nations, said that the discussions underscore the importance of the right to development which are as important as political and civic rights, especially for developing countries and that the Sustainable Development Goals (SDGs) are the panacea to many current and future challenges. The right to development remains elusive for millions across the globe, he said and asked how the imposition of unilateral coercive measures contribute to this high number.
Egypt’s delegate welcomed the decision by the Human Rights Council to transmit the draft to the General Assembly for its approval. The right to development can only be operationalized through a legally binding instrument, she said, and went on to ask the Special Rapporteur how the required due diligence principle by pharmaceutical companies and others working in the field of health is enabling States to respond to public health priorities, including through the transfer of technology to contribute to access to medicine.
The representative of Azerbaijan, speaking on behalf of the Non-Aligned Movement, said that it was an honour to speak on a subject which her bloc historically attached particular importance to and she expressed her gratitude to the morning’s briefers. Noting that more than three decades have passed since the adoption of the Declaration on the Right to Development in , she said it is an inalienable human right that everyone is entitled to. Each person is the central subject of development and should be the active participant and beneficiary of the right to development, she said, but added that to ensure its full enjoyment and realization, profound reforms of the international economic structure, and the international financial architecture, including the creation of economic and social conditions that are favourable to developing countries, are still needed.
She said that during the Movement’s summit in October 2019 in Baku, Heads of State and Government reaffirmed that all human rights, including the right to development, are universal, inalienable, indivisible, interdependent and interrelated, and that human rights issues must be addressed within the global context. She expressed renewed commitment to the promotion and protection of all universally recognized human rights, in particular the right to development as a universal and inalienable right and as an integral part of all universally recognized human rights and fundamental freedoms. She urged the United Nations to ensure the operationalization of the right to development as a priority, including through the elaboration of a Convention on the Right to Development by the relevant machinery, considering the recommendations of relevant initiatives. She said that her bloc places importance on the convening of a United Nations-sponsored High-level International Conference on the Right to Development and she concluded by reiterating her commitment to the right to development in the context of the attainment of the SDGs.
The representative of Mali, aligning with the Group of Friends in Defence of the Charter of the United Nations and the African Group, said that the right to development is essential to a decent quality of life and achievement of the SDGs. Recalling the importance of the right to development for youth, she asked for specific measures to include and empower them. Further, she asked what measures have been taken to ensure that financial institutions comply with reform in attaining the right to development.
The representative of Indonesia underscored the importance of the right to development in all spheres — economic, social, cultural and political. The Government is working to change business models, including through innovative ways to ensure appropriate compensation schemes in line with the UN Guiding Principles on Business and Human Rights. He asked if there are any preliminary findings on how information communications technology development has affected the right to development.
In response, Mr. AKRAM elaborated on the draft convention on the right to development, which consists of five parts and over 30 articles. Its major parts deal with definitions, enumerating rights linked to development such as self-determination and the duty of States to cooperate, he said. Article 14 deals directly with unilateral coercive measures, forbidding States to adopt them to coerce a State and obtain the subordination of its sovereign rights. Further, the draft covenant calls for a conference to decide on various issues, including an implementation mechanism. The framework favours “moral pressure” rather than “naming and shaming”, he added, underscoring that all goals of the right to development are included in the document, including the right to gender equality, housing and health.
Obstacles to the realization of the right to development are mainly ideological, he said, noting that countries in the Global North and Global South differ in their perspectives. Some countries do not recognize development as a right at all, while others in the Global North recognize the right to development, but hold that it is a responsibility of individual States to fulfill it, rather than an international responsibility, he said. Further, while some countries of the Global North were absent during the creation of the draft, care was taken to integrate their perspectives into the document. As long as ideological differences remain, consensus will be illusive, he said. However, the language of the draft convention is based deliberately on agreed upon international instruments, keeping in mind that, if a country had consented to something in one text, it might elsewhere.
In her response, Ms. VALIÑA said the right to development is a fundamental human right, which in turn bolsters the rights and abilities of States to uphold human rights and create better conditions for development.
Responding to a question on how to ensure that investors, including foreign direct investment (FDI), can contribute to the right to development, she stressed an obligation to not violate human rights. This means cooperating and preventing human rights violations, thereby contributing to a national capacity to help advance the protection of the right to development.
Regarding actions, she stressed the importance of stakeholders working together. In the context of investment, she emphasized the importance of involving all stakeholders to collaborate with communities to ensure positive outcomes from investments. Further, she sees the need for a greater democratization of norms and processes in decision-making for economic financial bodies.
Benefitting human rights also requires a greater awareness of the interlinkage between debts and “other challenges”, she said. In the context of interlinkages, she noted a commitment to include development under the Human Rights Council, so as to promote the right to development.
Looking forward, she highlighted new thematic studies for the next three years. In this context, she mentioned the participation of women in development, and a study dealing with climate financing and the right to development.
In his response, Mr. DEVA took up a question from the European Union about business productivity in relation to human rights due diligence. He stressed that due diligence is now a common currency the world over, accepted by States as well as businesses, to enable companies to identify, prevent and mitigate adverse impact on human rights. But, he noted, human rights due diligence requires resources on the part of companies.
Responding to a question about the role of civic space in the right to development, he said people should be able to participate in decision-making processes. With respect to the importance of heeding criticism, he cited the work of an Indian poet, which stresses the importance of keeping critics close, as they highlight deficiencies. Governments and delegations should see civil society as critical friends who can point out the differences and difficulties they are experiencing on the ground, he said.
To a question about the use of coercive measures, which was raised by delegates including Nicaragua, Syria and Iran, he said such measures are a deviation from the norms-based international law. Collective agreement and decision-making among States would preempt the need for unilateral actions.
In response to a question from Cameroon about the concept of the human rights economy, he said it supposed that the current model of economic development or economy is leaving too many people behind.
Responding to a question from Malaysia about the effective operationalization of agile development, he stressed the crucial role of Governments in integrating and developing the right to develop into their action plans. To a question about the role of Governments in engaging business, he said States need to adopt binding regulations to impose human rights obligations on them. They also need to develop national action plans, and more critically, they need to provide incentives and disincentives for businesses, as businesses react to incentives.
In relation to public health and human rights due diligence, he said the role of incentives will become crucial. States have to ensure that the pricing of medicines, for instance, is such that poor people can afford them.
In response to a question from Syria about the goal to “leave no one behind”, he proposed widening the criteria to include all life. “If we only focus on human beings, that will not work. We also need to take animals and plants together. So, we should see people as part of […] the entire ecosystem of life on the planet.”
Transnational Corporations and Other Business Enterprises
In the afternoon, the Committee further elaborated on the theme “Promotion and protection of human rights”, with interactive dialogues featuring presentations by: Damilola Olawuyi, Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises; Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; and Ana Brian Nougrères, Special Rapporteur on the right to privacy.
Ms. OLAWUYI introduced the Working Group’s report titled “Extractive sector, just transition and human rights” (document A/78/155), which explores factors leading to human rights abuses in the context of energy transition programmes. It offers States and businesses in the sector action-oriented recommendations on designing and implementing just, inclusive and human rights-based energy transition programmes in line with the United Nations Guiding Principles on Business and Human Rights. Since the adoption of the Paris Agreement in 2015, a growing number of stakeholders have developed plans to implement energy transition programmes. However, their implementation raises concerns regarding the sourcing of transition minerals themselves, which may exacerbate business-related human rights abuses, he said, stressing that some States have already been linked to abuses such as land grabs, forced displacements, modern slavery and environmental pollution.
The energy transition cannot replicate new forms of human rights and environmental abuses, he stressed, calling on States to use the switch as an opportunity to promote just transition policies and hold businesses, including investors, accountable for human rights abuses across the value chain. He stressed that a just transition will require both strong coordination between all stakeholders and States fulfilling their extraterritorial obligations. Trying to meet international climate commitments domestically cannot justify overlooking human rights abuses in States where extractive activities are taking place, he said.
Businesses in the extractive industry itself will have a pivotal role in integrating respect for human rights into the design and implementation of energy transition plans. Further, perspectives of impacted communities such as Indigenous Peoples and human rights defenders are critical in industry reform in this regard. While regulatory developments have increased internationally, the Working Group stresses that current policy frameworks fail to ensure human rights protection, data transparency and access to remedies and can exclude the affected communities.
When the floor opened for comments and questions, the representative of the European Union, in its capacity as observer, said States must see ongoing energy transition as an opportunity to promote just transition laws and policies and hold businesses and investors accountable for human rights abuses across the entire value chain. She asked Mr. Olawuyi to elaborate on key elements that should be included in the regulatory framework to ensure that energy transition is not only effective, but also just and respects human rights.
Aligning with that comment, the representative for Ireland asked how States can best support businesses to take human rights-based and gender-responsive approaches to energy transition programmes. On a similar note, the delegate for Switzerland asked if the Working Group planned specific activities to promote the sharing of good practices to ensure that States and businesses guarantee that climate action goes hand-in-hand with respect for human rights.
The delegate for Pakistan said businesses and international corporations must be held accountable for human rights abuses, noting that there should be legally binding instruments to protect and promote human rights from the harm they cause.
The representative for France asked what contribution the Working Group can make to promote a just energy transition and respect human rights in the extractive industries.
The delegate for the Russian Federation said his country consistently supports raising the effectiveness of currently existing international legal mechanisms, but considers linking the human rights agenda to the issue of protecting the environment to be unjustified and largely artificial.
The delegate for the United States asked how the Working Group plans to meaningfully include Indigenous Peoples and their traditional knowledge and work to advance a more sustainable and just world.
In his response, Mr. OLAWUYI highlighted the need for States to adopt national action plans on businesses and human rights as well as establish clear regulatory frameworks that incorporate human rights standards to advance energy transition. He said the Working Group welcomes progress made by some countries in adopting legislation with respect to human rights.
With respect to businesses, he said recommendations in the report include ensuring that all existing and future business energy transition programmes are compatible with international human rights obligations. There is also a need for businesses to align their practices and policies as well as governance structures and decisions with the goals of the Paris Agreement.
Regarding Indigenous Peoples, there is a need to ensure effective and meaningful consultation with all relevant stakeholders, which must include free, prior and informed consent by Indigenous Peoples on the actual and potential impact of energy transition programmes on human rights and the right to a clean environment.
He said the Working Group expects businesses to do more than just have a “compliance mindset” but rather to have a mindset of contributing to societal development, placing people above profit.
He outlined plans to cooperate with the mandate of the Special Rapporteur on the right to development, noting that the Special Rapporteur was until last year a member of the Working Group.
More than 30 countries now have national action plans on business and human rights, he said, including three countries in Africa — Kenya, Uganda and Nigeria. Noting the small number, he called on African countries to adopt plans without delay.
Contemporary Forms of Slavery
Mr. OBOKATA presented his latest report (document A/78/161), which assesses the use of technology in facilitating and preventing contemporary forms of slavery. As new technologies become increasingly prevalent in today’s society and economy, they become both a medium in which contemporary forms of slavery manifest and a means to restore freedom to victims. Certain digital technologies can facilitate contemporary forms of slavery, as they are frequently used by traffickers and exploiters to gain trust and access information, then recruit and follow victims through surveillance and geolocation. These platforms have also significantly increased the control exercised over victims, which lays the foundation for sexual and other forms of exploitation. Women of low economic status and migrants as well as children and adolescents face a particular risk of being groomed online. Labour exploitation is also conducted via the Internet, social media platforms and videogames, he continued. The pattern is similar to sexual exploitation, as the recruitment of victims takes place through fake online job advertisements, promising attractive working conditions and wages without the need for education or qualifications. Legitimate job recruitment websites are often used to advertise these, making it more likely for people to be deceived. Once recruited, they experience exploitation, which may amount to forced labour or servitude in certain sectors, including agriculture, domestic work and hospitality.
Turning to the role of technology in preventing contemporary forms of slavery, he said artificial intelligence (AI) demonstrates a strong potential in this regard. By analysing various data sources — such as social media, search engines, financial transactions, and labour market information — AI algorithms can identify exploitative working conditions, human trafficking routes and suspicious financial transactions as well as perpetrators and victims of contemporary forms of slavery. Another promising tool is blockchain technology — a decentralized electronic ledger system — which can enhance supply chain transparency. It allows for complex supply chains of global corporate brands to be monitored more effectively and, as a result, prevent labour exploitation. Moreover, satellite remote sensing, which has been applied in sectors such as fishery, mining, forestry, and agriculture, can monitor areas where labour inspection is difficult to conduct and detect activities which may be linked to contemporary forms of slavery. It can also reveal unusual human settlements or large groups of workers in isolated areas, which may constitute indicators of exploitation and abuse.
However, despite these promising examples, “technology is not a silver bullet,” he said, adding that “it is not suited to address the root causes, such as poverty, inequality and discrimination”. Moreover, the adaptability by perpetrators to the rapidly changing technological environment cannot be underestimated, as they can manipulate technology to their advantage. Other issues — such as digital divides and data protection — must be carefully considered. “Technology should therefore not serve as a distraction from promoting a holistic response to contemporary forms of slavery,” he stressed. Against this backdrop, he called for regulation of cyberspace, AI and cryptocurrency. It is pivotal, nevertheless, that national legislative and regulatory frameworks are fully in line with existing international human rights standards, and that relevant stakeholders participate actively in their developments. To develop and maintain effective technological solutions to these practices, multi-sector collaboration among States, technology companies and experts, civil society organizations, financial institutions, academia and international organizations is essential. Also, human rights due diligence in the technology sector should be strengthened, he said, adding that technological tools must also conform to existing international human rights standards.
In the ensuing interactive dialogue, delegates shared promising initiatives in combatting trafficking and modern forms of slavery, underscoring the importance of regional cooperation as well as regulating new technologies.
The representative of Australia said his country hosted a National Modern Slavery Conference in June with multiple stakeholders, including victims of trafficking. Several south Asian countries were present, he added, underscoring the importance of cross-regional collaboration. Further, the country co-chairs with Indonesia the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crimes, a grouping of countries focused on strengthening responses to related issues. He asked the Special Rapporteur to provide examples of increased collaboration between Governments and technology companies to enhance the combat against modern slavery online.
The representative of Japan asked for the Rapporteur’s perspective on the Secretary-General’s call for a new international body to help govern the use of AI in the face of potentially catastrophic risks. Further, he asked what will be key in establishing the body.
The representative of Liechtenstein highlighted his country’s work in the fight against trafficking and slavery, specifically the Finance Against Slavery and Trafficking multi-stakeholder initiative, housed at the UN University. The group has developed an indicator model for automated transaction monitoring that is being shared with the financial industry, he said, asking if States should invest in AI tools to track suspicious financial activity to “follow the money” to perpetrators of slavery and trafficking. He further questioned how cash transactions might be addressed.
The representative of Chile said technology is not in and of itself a problem and has the potential to protect human rights in preventing modern forms of slavery. To that end, Chile urges measures to use technology responsibly and prevent its exploitation by criminal gangs, she said, noting that Mr. Olawuyi’s recommendations in the previous presentation, including that businesses conduct due-diligence, were paramount going forward. States have a primary responsibility to regulate technology, but technology companies are not exempt, she said.
In his response, Mr. OTOKATA said that risks and benefits in new technologies can be balanced by working closely with technology companies and experts to identify potential risks for contemporary forms of slavery. Evidence-based research is needed, he said, underscoring the importance of academia in that regard. This task cannot be guaranteed by Governments alone, he said. The Bali process, an Asian initiative, which has over 45 participating States, is a good example, as they regularly consult with technology companies, which facilitates cooperation between public and private sectors. Indeed, a new international body is a good idea, but the initiative must evolve with a multi-stakeholder approach that includes human rights experts and survivors — whose data protection must be prioritized, he stressed. He noted racial and gender biases present in AI, which must constantly be evaluated. Recalling exchanges with youth leaders and vulnerable groups, he urged States to involve them in initiatives to combat contemporary forms of slavery. Finance Against Slavery and Trafficking can contribute further, using AI, he said, highlighting the initiative’s consultation with experts and academia.
Right to Privacy
Ms. NOUGRÈRES, presenting her report on the transparency and explicability of AI systems, said these technologies have reached a state of omnipresence, used in everything from mobile devices to complex business management systems. The widespread use of such technologies poses opportunities and threats, she said, calling for dangers, including those resulting from biased or incorrect decisions against people, to be tackled responsibly. Developing these systems entails the collection, analysis and processing of enormous amounts of data used to generate actions and behaviors by machines and their users, she said. She underscored that privacy as an essential right must be respected and promoted throughout the lifecycle of such systems.
The report sets out several conclusions, she said, noting that transparency and explicability pertain to the creation of artificial intelligence systems, the gathering and storage of data and how decisions are made. Anyone affected by a decision resulting from an AI system deserves a clear, accurate and understandable explanation of the motivation behind that decision, she said, noting that explicability allows for the right to defence and due process. Both transparency and explicability call for clarity, impartiality and visibility of decisions, as well as the logic, method and reasoning behind them, based on information, particularly personal data, she said, adding that such principles are opposed to opacity, lying or abusing the power of information technology.
Against this backdrop, she called on Member States to promote transparency in the development of AI to mitigate risks caused by opacity; to build explicability into regulations, so that people can understand how decisions that affect them are taken and have the tools to defend their human rights; and to promote ethical practices ensuring the transparency and explicability of personal data. Further, she called on States to facilitate digital education and literacy so that the public has an understanding of AI concepts and can demand that their human rights be respected.
In the ensuing interactive dialogue, delegates said it is vital for Governments and other institutions to not only keep track of the fast technological progress, but to also take the right measures and precautions to ensure these new technologies comply with human rights. They also went into depth about what their Governments are doing in the AI arena and how they are working to strike a balance between embracing and welcoming these new tools, while also ensuring their respect for human rights and privacy.
The representative of the European Union, in its capacity as observer, said that, without the proper technical, regulatory, legal and ethical safeguards, the use of AI can lead to decisions that undermine human rights, for example by reinforcing discrimination and perpetuating inequalities. She asked which regulator tool is most effective in making sure that AI-based technologies of the future will be human rights compliant.
Brazil’s delegate stressed that human oversight is essential to avoiding bias and errors, recognizing the need for a balanced approach that respects both the promise of AI and human rights. “The responsible and ethical development of AI technologies is not only a technological challenge, but also moral imperative,” he added.
Luxembourg’s delegate stressed the importance of ensuring access to information that is written clearly in simple language and can be understood by all. He asked about recommended measures to help young people in the face of digital risks.
Austria’s delegate, associating herself with the European Union, stressed the need for human supervision and safeguards to avoid harm as well as accountability for the design and implementation of AI systems.
The representative of the Russian Federation said the world is witnessing large scale violations of the human right to privacy in several Western countries. “The West has traditionally obstructed cooperation in the area of technology transfer,” he said, adding: “It is doing that to keep to its global domination.”
The United States’ representative said that, in a recent case, civil society organizations detected commercial spyware on a prominent independent Russian journalist’s phone. His country has placed restrictions on the procurement and use of commercial spyware that poses risks to national security or may be misused to abuse human rights. He asked how Governments can work together to protect journalists from arbitrary and unlawful surveillance.
China’s representative said that his delegation is committed to working with the international community to explore and formulate international digital governance rules that reflect the wishes of all parties. For a long time, the United States has been implementing large-scale, organized and indiscriminate cybertheft around the world, seriously infringing the right to privacy of citizens of various countries, including its own. “We condemn the irresponsible behaviour of the US Government,” he said.
Ms. NOUGRÈRES, responding to the delegates, said it is important to note that all speakers agree there are risks inherent to what AI does, also adding: “We have to find a way to mitigate those risks”. However, mitigation should not lead to cutting short innovation processes.
Turning to the question on how to guarantee respect for human rights, she said there are specific regulations in place. It is important to work on awareness-raising and education, as everyone must know about the risks of supplying personal data to someone else. “It has to go hand in hand with education,” she said.
On spyware, she said: “That's another topic where we are concerned — particularly concerned — as it is an area where the Internet is used, an area where damage is being done to human rights and to the population.” These are issues that “we have a close eye on” and which must be considered in forthcoming reports, she added.
Turning to the representative of Syria’s specific questions on the report, she said she is open to meeting with the delegate bilaterally to discuss those issues directly.