A/HRC/45/9
demand for its services. Thus, a system with self-reinforcing dynamics and lock-in effects
has been created,30 with wide-ranging negative human rights impacts.
B.
Border security technologies and monitoring services
39.
Border security technologies and monitoring services accompany and reinforce the
visible physical border infrastructure. Purchased primarily from companies specializing in
information and advanced technologies, technologies such as radar and ground sensor
systems, cameras equipped with night vision, electro-optical systems and high-resolution
imaging are part of high-tech surveillance and detection systems that track regular and
irregular movements, often providing real-time information on virtually all movements
within an area of coverage. Dual-use items, sold as having been battlefield tested, have
been put to increasing use in immigration and border management. One of the most
commonly used technologies is drones, which are also employed in armed conflict.
Operated by national or regional border officials or by private contractors, they have
become a central tool in border surveillance operations. This has had the dangerous effect
of bringing military concepts and technologies into the field of migration.
40.
Today, an essential component of this regime is biometric data. Data gathered
enables States to identify and verify or authenticate migrants based on physiological and
behavioural characteristics. It is used for a variety of purposes, including in airport and
other border controls, visa applications, age determination assessments, asylum procedures,
refugee registration and deportation decisions. Combined with other personal and private
information obtained through a myriad of sources, companies facilitate the collection and
storage in databases of vast amounts of data about migrants that is then processed, analysed
and exchanged. Companies have developed platforms that enable users to search across
databases, allowing them to cross-reference data collected for different purposes. This push
towards interoperability carries risks, for example, due to greater interactions between law
enforcement and immigration databases. Among other things, immigration authorities have
allegedly used this information to track, detain and deport migrants, including children. 31
41.
In the absence of adequate privacy safeguards in many countries, there are risks that
data is gathered in a non-transparent manner and without informed consent, stored for long
periods, and becomes outdated even while the database is still in use. Decisions taken
during screening processes for migrants, including refugees and asylum seekers, that rely
heavily on such technology with its presumed rationality and superiority, lack nuanced
human judgment and risk potentially serious errors. Given the high-tech nature of such
systems, States may lack adequate legislation, knowledge and expertise to provide effective
oversight of these operations. Moreover, abuses of the right to privacy generated by these
systems are likely to go underreported as migrants may be unaware of their rights or unable
to exercise them due to the vulnerable situations in which they find themselves. 32
42.
Border control implemented through advanced technologies may often be invisible
to the public, but it has a far greater reach than physical barriers, and the potential to violate
rights in very particular ways. It not only enables the transmission of real-time information
on the movement of people and vessels along coastal and land borders, but often penetrates
into border regions and further afield. 33 This information is shared among border, security
and other authorities within the same country, and increasingly between States. Companies
are making constant advances in technologies, creating demand for more sophisticated and
updated models that promise greater effectiveness, thereby ensuring a constant flow of
business.
43.
The focus on security approaches, realized through a reliance on surveillance
technologies developed, maintained and sometimes operated by private companies,
facilitates physical and moral distancing. It renders migrants as objects of surveillance and
30
31
32
33
10
Georg Menz, “The neoliberalized State and the growth of the migration industry”, in The Migration
Industry and the Commercialization of International Migration, Thomas Gammeltoft-Hansen and
Nina Nyberg Sorensen, eds. (London and New York, Routledge, 2013).
See submission by Mijente.
See submission by Privacy International.
See submission by Transnational Institute.
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