A/HRC/44/24
recognition technology devices but also throughout the entire life cycle of these tools. 80
Further in-depth studies about the accuracy and risks entailed by the use of facial recognition
technology are needed to increase the understanding of its potential impact.
39.
The use of surveillance technologies has grown rapidly over recent years with the
support of the private sector. All business enterprises, including those that develop new
technologies that are used to monitor the activities of civil society actors, have a
responsibility to respect human rights, in line with the Guiding Principles on Business and
Human Rights.81 They should have in place a policy commitment to meet that responsibility
and carry out due diligence processes to identify, prevent, mitigate and account for how they
address their impacts on human rights. In addition, they are expected to establish and
maintain processes to address the adverse human rights impact they cause or to which they
contribute. In particular, through their role in the development and provision of facial
recognition technology, companies may contribute to human rights violations stemming from
its use by State authorities. Corporate secrecy often prevents sufficient public scrutiny of
facial recognition technology as a commercial product. As a result, companies are not fully
accountable for the claims they make about the accuracy of facial recognition products or the
implications for individuals’ rights. The lack of transparency and oversight also contributes
to a lack of available remedies.82
40.
Surveillance technologies are traded around the globe, making them easily accessible
for a broad range of uses, including to carry out and facilitate unlawful and arbitrary
surveillance. Adequate export control regimes for the sale of surveillance technology can be
a powerful tool for limiting such abuses. States should refrain from granting export licences
if there are indications that the surveillance tools at issue could be used in the importing
country to violate or abuse human rights. Against the background of widespread abuse of
surveillance technologies around the world, the Special Rapporteur on the right to freedom
of opinion and expression has called for States to impose a moratorium on granting export
licences for surveillance technologies until the use of those technologies can be technically
restricted to lawful purposes that are consistent with human rights standards, or until it can
be ensured that those technologies will only be exported to countries in which their use is
subject to authorization – granted in accordance with due process and the standards of
legality, necessity and legitimacy – by an independent and impartial judicial body. 83 The
High Commissioner supports this call.
VI. Other new technologies and assemblies: less-lethal weapons
and ammunition technology
41.
Less-lethal weapons and ammunition play a critical role in law enforcement, both in
situations where some degree of force is necessary but where the use of firearms would be
unlawful, and also as an alternative to lethal force. 84Appropriate less-lethal weapons should
therefore be made available to law enforcement officials. 85 Although such weapons entail a
lower risk of causing death or serious injury than firearms, however, less-lethal weapons may
nonetheless kill or inflict serious injury if not used by trained law enforcement officials
according to their specifications and international law principles on the use of force.86
42.
Batons, pepper spray and tear gas have already been used in law enforcement for many
decades. Advances in technology have led to the development and use of a number of new
80
81
82
83
84
85
86
A/HRC/43/29, paras. 51 and 60.
A/HRC/17/31, annex.
AI Now, written testimony to the House of Representatives of the United States of America, dated 15
January 2020.
A/HRC/41/35, para. 49.
See United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, advance
edited version (2020). Available at www.ohchr.org/Documents/HRBodies/CCPR/
LLW_Guidance.pdf.
Human Rights Council resolution 25/38.
See United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement.
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