AI & Human Rights: UN Business Guidance

Two groundbreaking UN reports have just laid the foundation for responsible AI governance. The UN Working Group on Business and Human Rights and the Office of the High Commissioner for Human Rights have provided comprehensive guidance on applying the UN Guiding Principles on Business and Human Rights to artificial intelligence procurement and deployment. These reports (Artificial intelligence procurement and deployment and Practical application of the Guiding Principles on Business and Human Rights to the activities of technology companies, including activities relating to artificial intelligence) offer a roadmap for businesses navigating the complex intersection of AI innovation and human rights protection.

Current State: Gaps and Risks

The reports reveal significant implementation gaps across both public and private sectors. States and businesses are largely procuring AI systems without adequate human rights due diligence (HRDD), leading to biased decision-making, exploitative surveillance, and consumer manipulation.

Courts increasingly recognize AI-related human rights concerns, yet existing remedy mechanisms lack resources and enforcement power. The fragmented global governance landscape creates inconsistencies across jurisdictions, while many developing countries lack AI strategies entirely. Women, girls, and marginalized communities face disproportionate risks from AI-facilitated discrimination and gender-based violence.

Emerging Framework: Key Requirements

The UN guidance establishes clear expectations for businesses:

Human Rights Due Diligence: Companies must conduct HRDD throughout the AI lifecycle, from design to deployment. This includes regular impact assessments, stakeholder engagement, and prioritization based on severity of potential harms.

Transparency and Accountability: Public disclosure of AI capabilities, limitations, and human rights impact assessments is essential. Companies need operational-level grievance mechanisms for AI-related issues.

Business Model Alignment: Investment strategies and business models must align with human rights principles, moving beyond revenue optimization to include rights-respecting metrics.

Implementation Roadmap

States should implement “smart mix” approaches combining mandatory regulations with incentive-based measures. This includes requiring HRDD for AI systems, prohibiting harmful applications like mass surveillance, and embedding human rights considerations in public procurement.

Companies must establish human rights policies, conduct regular assessments, engage meaningfully with affected communities, and provide effective remedies. Investors should channel funding toward rights-respecting AI development and set clear expectations for portfolio companies.

The reports emphasize sector-wide collaboration, with technical standards incorporating human rights principles and cross-industry initiatives promoting responsible AI development.

Conclusion

As AI governance rapidly evolves, businesses need expert guidance to navigate complex human rights obligations while maintaining competitive advantage. The UN reports provide a clear framework, but successful implementation requires specialized expertise in translating these principles into practical business operations. Ready to align your AI strategy with human rights principles? Contact Ksapa’s Business & Human Rights consulting team to develop robust due diligence processes, stakeholder engagement strategies, and compliance frameworks that protect people while driving innovation.

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