Human rights risks of using of new technologies in border management need urgent attention, international human rights office ODIHR says

WARSAW, 20 June 2024 – As the number of forcibly displaced people in the OSCE area reaches a record high, the proliferation of new border technologies is likely to have a profound impact on the human rights and fundamental freedoms of refugees across the region, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) said on the occasion of World Refugee Day.

“If human rights are integrated in the development of new border technologies from the outset, they have the potential to increase the protection of migrants and refugees crossing borders,” said ODIHR Director Matteo Mecacci. “However, these same technologies can seriously undermine rights if care is not taken to develop and use them in line with international human rights obligations.”

Technological innovations that rely on gathering, processing, and sharing data are increasingly used at borders to manage migration flows and address security concerns. While there are potential benefits from the improved efficiency and accuracy in identifying people crossing the border, governments need to ensure that the new technology does not breach the right to be treated with dignity. States must also be in line with the rights to seek asylum and to privacy and data protection, while automated decision-making must not lead to discrimination against asylum seekers and refugees.

Measures to ensure that the rights of those crossing borders are respected include strong legislative frameworks to regulate the use of new technologies at borders and provide human rights safeguards, effective and independent external oversight mechanisms, and assessments to evaluate the human rights impact of any new technology already during their development. Border guards and others using systems based on new technology should receive specialized human rights training to guarantee it is used correctly.

ODIHR supports countries across the OSCE region to ensure the human rights of all individuals crossing borders is respected. As well as publishing a policy brief on border management and human rights, ODIHR has made an animation highlighting the risks and human rights implications of new technologies in border management, particularly for refugees. This year, the Office is organizing a series of regional training courses to enable human right defenders to better understand the human rights implications of border technologies and improve their skills in monitoring respect for human rights at borders.

All OSCE states have committed “to respect the right to seek asylum and to ensure the international protection of refugees” and to promote the “dignified treatment of all individuals wanting to cross borders”. They have also consistently emphasised the need for all counter-terrorism measures, including those that use new technologies, to fully comply with international law.