Heightened due diligence and conflict-sensitive risk management
Under the United Nations’ Guiding Principles (UNGPs), AI companies must apply “due diligence”
when working, and “heightened due diligence” in conflict-affected areas like Myanmar, where
the risk of gross human rights abuses is elevated.
However, Myanmar's experience has been that technology companies often fail to conduct
adequate due diligence before rolling out new digital applications, particularly in countries in
the global south. When companies do assess risks, they often prioritise consultation in the
global north markets.
Given that creative AI poses a potentially significant risk, at the very least, AI companies should
consult with independent experts to assess new AI applications for their potential to fuel
serious human rights violations. The UNGPs include the principle “if in doubt, carry it out”.
Assessments should be started before deployment. Companies should also implement “sunset
clauses” whereby any AI system deployed is automatically reviewed and re-approved at regular
intervals and based on fresh impact data.
Globally responsible regulatory approach
Any regulatory approach to AI must consider two critical concerns. Firstly, States may design AI
regulations to address concerns within their borders, but in practice, have a global impact on
how digital companies operate worldwide. AI regulations must therefore undergo their own
form of due diligence to ensure they do not inadvertently harm human rights in other contexts,
including in repressive conflict zones like Myanmar.
Secondly, not all States can be trusted to regulate AI in a manner that prioritises the public
interest, including the protection of human rights. Allowing a military regime like the one in
Myanmar, which has a documented history of human rights abuses, to regulate AI without
international oversight would be detrimental to the protection of fundamental rights and could
further entrench its authoritarian control.
Therefore, any regulatory framework must involve international human rights bodies and civil
society organisations to ensure accountability and prevent misuse by oppressive regimes.
Conclusion
The intersection of AI and creativity presents profound implications for human rights globally,
and the situation in Myanmar serves as a critical case study. The failure of technology
companies to conduct adequate human rights due diligence in the past has had devastating
consequences, and the deployment of AI in the current repressive conflict-affected environment
carries significant risks of exacerbating existing human rights violations and undermining
fundamental freedoms.
It is therefore imperative that AI companies, States, and the international community adopt a
human rights-centred approach to AI governance, prioritising due diligence, transparency, and