GENEVA - World leaders must urgently hear and respond to the call for rights-based regulation of technology companies, notably those that operate in transitional settings at a time of heightened debate on the development of artificial intelligence, a UN expert said today.
Presenting his new report on the impact of technologies on transitional justice to the General Assembly today, Bernard Duhaime, the UN Special Rapporteur on truth, justice, reparations and guarantees of non-recurrence warned of the systemic risks and challenges posed by the use of emerging technologies in these contexts.
"In recent years, several innovative examples of technologies supporting transitional justice processes have emerged, including open-source information for investigations and truth-seeking, biometric and forensic tools to strengthen justice and accountability, large language models to detect patterns of abuse, as well as encryption to enable the safe participation of victims and witnesses in legal proceedings," Duhaime said
"At the same time, the deployment of technologies in transitional contexts, often marked by volatility, widespread trauma, weak institutions and often polarised communities, present inherent risks and limitations. From disparities in digital literacy to online surveillance, to disinformation and hate speech amplified by algorithms, the use of technology in these contexts also generate serious risks of rights violations and recurrence," he said.
The Special Rapporteur said addressing the risks and challenges posed by the use of technologies in transitional contexts requires keeping a clear and unwavering focus on victims' rights and needs.
"There is simply no technological solution to engaging with the root causes of violence and repression, nor to the painful work required in post-conflict reconciliation. Healing from trauma, learning to co-exist with former adversaries, and rebuilding trust in civic institutions and leaders - these are long-term, difficult, and fundamentally human processes that can be aided, but never fully replaced by technology," Duhaime said. "New technologies must be seen as a tool for victims and practitioners, but never as a self-standing solution."
The expert called on States to ensure that companies uphold their human rights responsibility, train investigators, prosecutors and judges in the collection and assessment of digital evidence, expand digital literacy initiatives in transitional settings, and adopt robust data protection laws.
He also called on technology companies to exercise extreme care and conduct heightened diligence in transitional contexts.
"Technology companies must recognise transitional settings as a distinct category of high-risk contexts warranting heightened diligence," Duhaime said. He called for these companies to adopt transparent human rights-compliant policies on the storage of data that may serve as future evidence of international crimes, offer opportunities to complain and obtain redress for rights violations.
"They must above all, ensure that communities are consulted and placed at the centre in the development and deployment of their products, policies and operations," he said.
