(10th meeting) Reconvened concluding session of the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes

2 Aug 2024 15:00h - 18:00h

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Full session report

Progress on international convention to combat ICT misuse as ADO committee navigates complex discussions

The ADO committee’s session, chaired by Fawzia Mubaraki, focused on progressing the draft resolution for an international convention to counter the misuse of information and communications technologies. The committee had successfully concluded discussions on Paragraph 5 and, with consensus, delegated the vice-chair from Brazil to lead informal consultations over the weekend to resolve outstanding issues by Monday morning.

The session proceeded to Paragraph 6, which Canada recommended leaving open due to its connection with the process proposed for Paragraph 5. The committee concurred, demonstrating a willingness to work collaboratively. The Chair’s adept facilitation ensured all member states’ perspectives were considered, resulting in Paragraphs 7, 8, and 9 also being set aside for further discussion following contributions from Iran, Jamaica, and the Russian Federation.

A significant portion of the session was dedicated to debating Articles 14 and 16 of the draft resolution, which pertain to child sexual exploitation material and the dissemination of intimate images, respectively. Concerns were raised about the phrase “without right” in these articles, which some member states felt could potentially legitimise access to such material. A joint statement by the Syrian Arab Republic, on behalf of a group of countries, called for the removal of exceptions in these articles to ensure robust protection for children and adherence to international human rights standards.

The Chair’s leadership was instrumental in maintaining a constructive and positive atmosphere within the committee, despite the complexities of the topics and the diverse perspectives of member states. The Chair’s commitment to consensus-building was highlighted by the announcement of ongoing informal consultations, including bilateral and multilateral discussions, to address the open issues.

The session concluded with the Chair emphasizing the importance of submitting the final text of the convention for translation by Monday evening. The Chair’s closing remarks included a humorous comment on a linguistic misunderstanding, adding a moment of levity to the proceedings.

Overall, the session reflected the committee’s dedication to creating a comprehensive and universally acceptable convention. The discussions underscored the challenges of harmonising different legal systems and cultural values, while also showcasing the committee’s ability to navigate these challenges through diplomacy and collaboration. The commitment to protecting children in the digital age was a unifying factor, driving the committee’s efforts to reach a consensus that upholds international law and human rights.

Session transcript

Chair:
concluding session of the ADO committee in charge of elaborating a general international convention on countering the use of information and communications technologies. We will resume our work on the draft resolution. This morning we concluded with paragraph 5, which remained open, and with great pleasure the committee agreed that our vice chair on behalf of Brazil would begin informal consultations this afternoon and during the weekend in order to find a solution for Monday morning. So we’re going to look at paragraph 6 of the draft resolution. Are there any objections to adopting paragraph 6 at referendum?

Canada:
Thank you, Madam Chair. I think in our opinion this probably relates a bit in terms of OP5, and so it might be better to leave this one open because it has timing involved in it, which relates to the process that’s been proposed for OP5, so maybe it’s best to leave it open, but open to hear thoughts from the room as well.

Chair:
Would the Committee agree with that request from Canada to leave Paragraph 6 open? There’s no objection? Good. Then we’ll set aside Paragraph 6. Paragraph 7. Paragraph 7. Iran.

Iran:
Thank you very much, Madam Chair. Good afternoon. On this paragraph, I think our position is to stop this paragraph after good practices. There’s a last sentence here which requires ensuring synergies with relevant work carried out by other competent intergovernmental bodies. We’re not sure which countries would join this convention. We hope it could be universal. And we also do not know what sort of competent intergovernmental bodies it refers to. It’s quite ambiguous. And it’s not clear whether these intergovernmental bodies would comprise the same countries that would be party to this convention. Prejudging this process, I think, is not an appropriate step forward. If we want to have any synergy with any competent intergovernmental body, I think we should leave it for the conference of state parties to do that. And it’s better not to prejudge this from the General Assembly while the convention has not yet entered into force. So our proposal, once again, is to delete the last sentence, starting with and to ensure, which practically means we stop this paragraph after good practices. Thank you.

Chair:
Merci beaucoup. Thank you very much. Jamaica?

Jamaica:
Thank you, Madam Chair. In respect of paragraph seven, to maintain consistency with Article 57, subparagraph 5B of the Convention. We propose the inclusion of the words, and I quote, legal policy, comma, and, end quote, before technological developments to bring both provisions in line. Thank you.

Chair:
Could you repeat that, please? Repeat your proposal slowly.

Jamaica:
Right before technological developments, that you include legal, comma, policy, comma, and. So it would be legal, policy, sorry, legal policy and technological developments. Thank you.

Chair:
Thank you, Jamaica. Russian Federation.

Russian Federation:
Thank you very much, Chair. On paragraph 7 of the draft resolution, essentially we don’t have any objections, because we haven’t yet got a final understanding on the name of the convention. We would like to reserve our position on the use of the term cybercrime in this paragraph. I’d also like to recall that we submitted to the Secretary a proposal on PP and two OPs. So would you like to put that on the screen as well? Thank you very much.

Chair:
Merci. Thank you. Are there any other speakers? No other speakers? Well, it’s clear that paragraph 7 is not quite ready. We’re going to set it aside for now.

Iran:
On Paragraph 8, we have still internal discussions on how we would like to approach the topic of Secretariat for this convention. So we humbly request that we keep this paragraph open. Thank you.

Chair:
Thank you. We’ll move on to Paragraph 9. Paragraph 9.

Iran:
Thank you very much, Madam Chair. On this paragraph, we have, just similar to Paragraph 8, regarding, I think it’s fifth line to discharge the functions of the Secretariat, we are still having the same conversation and discussions, as I mentioned, regarding Paragraph 8. So we also humbly request that the discussion be kept open for Paragraph 9 as well. Thank you.

Chair:
Any other requests for the floor on this paragraph? Paragraph 9, that is. We’ll leave that open then. Paragraph 10. Paragraph 10. Any objections to adopting Ad Ref, Paragraph 10? agreed at the referendum. Paragraph 11 now. As you can see in paragraph 11, there’s a date that’s still in brackets, so I would ask to think about a possible date for this. The Secretariat informed us regarding the adoption for the dates on transnational organised crime, but they kept the date here for the date of the adoption by the General Assembly, but it’s up to us at the Committee to decide. If there’s an agreement within the Committee on a date, then we can insert that. If not, we can also then ask for the date of the adoption by the GA to be inserted there. That could be a solution, and we’d then be doing the same as CAC and UNTOC. Bien. Very well. Well, we’ve concluded our work on the resolution. There’s still quite a few sections that are still open. I will continue to work, as you know. I have to undertake all necessary efforts so that we can reach consensus. It’s actually, indeed, the resolution 725282 that tells me to do so. So, the chair has to make every effort to reach this, which is what we’re currently doing because there are various vice-chairs. We’ve got three vice-chairs and other colleagues also who have been given the task of leading informal consultations. I’m myself holding bilateral informal consultations on some parts of the text. Well, we could find a rapid solution for those. So, all that to say the following, you’ll remember that the methodology that we approved, according to that, we were supposed to finish this afternoon. And then I would then send the final text to the secretariat, the final text of the convention this evening at 6 p.m. As you know, we haven’t yet concluded our exploration of all the different possibilities of negotiation on that. So, we are currently finalising that, as I said. There’s a few informal discussions that are still ongoing, bilateral ones, multilateral ones. And this morning, we asked our colleague from Brazil to lead another batch of consultations on paragraph 9 of the resolution. So, as we still have quite a few paragraphs still open, we’re going to conclude informal consultations this evening and then over the weekend. And then Monday morning, the different facilitators will come here to the podium and they will present the outcomes of their informal consultations. And if there are any paragraphs that have been agreed upon, we’ll adopt them, as we’ve just done for a couple here, ad ref, the way agreed, ad ref. so that then I can then on Monday 6 p.m. I can then submit the final text of the Convention. So, to be clear, of course, the final text will take into account everything that’s been agreed ad ref. For the parts that are still open, then that’ll be the text that I submitted at the resumed session, because then there’s no surprises. Just to be clear on that, I repeat, the text that I will submit on Monday 6 p.m. to the Secretariat to allow for translation to be carried out into the six official languages, this will be the text agreed ad ref, all of the articles and paragraphs that were agreed ad ref. Regarding the parts that don’t yet enjoy consensus, these parts will be, I will take the current parts that are currently contained in the current updated draft. That’s for your information. So, Monday morning, we’ll start by hearing from the facilitators. One by one, we’ll hear what they’ve managed to achieve. I will also provide you with an update, where we are, and what the rest of the week will look like. And then, step by step, together, we’ll decide all together. We will make or take all decisions necessary which will allow us to arrive at consensus. So, voila, that’s all I had to say to you for now. We’ll stop here. can start your consultations. I’ll be in my office, so if anyone wants to come by you’re very welcome. I already have meetings planned over the weekend, unfortunately, Saturday and Sunday, but that’s how it goes. What happens when you’re a chair? A chair needs to spare no effort to ensure that consensus is reached. So, thanks very much. Unless you have any other statements to make? The United Arab Emirates, followed by Russia? No, first Russia, then the UAE. Russia, you have the floor.

Russian Federation:
Thank you, Chair. Did I understand correctly that now we’re going to stop our work and then we’ll pick up again on Monday? Yes. Well, in that case, I would like to request that we look at Article 27 as a whole in the text of the Convention. Russia, in its statement, drew attention to the fact that this could pose a threat to extraterritoriality, so I would ask you, Chair, when you’re working on the new version, to take Russia’s request into account on that. Also, one point, and I’d like to also draw – I’d like to, for three, four minutes for delegates’ time, I understand that for some delegations, any proposal, if it’s from Russia, can be taken as a toxic, seen as toxic, but once again, I would like to appeal to the common sense of delegates on some of the terminology. We’ve spoken about this because that has been discussed around several times. Russia proposed to include in Article 3, 33 and 35, a provision on this. for the understanding of investigation, what that means, so that it also includes the understanding of putting a stop to this. But there are various terms in English. It could be suppression, frustration, the idea of putting an end to this anyway. So I would ask delegates to approach this from a point of view of common sense. It’s the simplest. It’s easy to stop a crime before it’s been committed. On that, I’d like to ask the Chair and also draw attention to this proposal from Russia. Russia is very much ready to engage in further bilateral and multilateral consultations on this, to try and find a wording that means that we can allow that this idea is ultimately included in the Convention. Thank you.

Chair:
Thank you, Russia. As far as I understand, Article 27 is one of the articles that are under informal consultations with the Vice-Chair from Australia. So I would invite you to reach out to the representative of Australia to ask where we are on this issue. But you’re also participating in these informal consultations as well. I’d like to say one thing also, because we do have some time still. I don’t think there’s any negative intentions here. I think whatever every state and representative says, I never take it against myself or against anybody else. I think we’ve succeeded on one thing at least. It’s to ensure that altogether that we have the best possible atmosphere here, which has allowed us to make progress, to work, without having to take too much into account of the poor relations between some states and the various conflicts in the world. Together, we here have been able to show common sense. work together in a constructive way. Every face that I can see here, every face that I’ve seen throughout the process, some people are just joining us now here, but everyone has been engaging in the process in good faith. Everyone’s here, they’re engaged, they’re working in good faith. I don’t see any sort of ill intentions or provocations, which I’d like to thank you for that. You’ve managed, the committee has managed to create a positive atmosphere and that’s something that’s really important. I just wanted to highlight that. Now I’ll give the floor to the UAE and then the Syrian Arab Republic and Australia. The UAE, you have the floor.

United Arab Emirates:
Madam Chair, with regards to unlawful access, there was some disagreement regarding the second part. We have consulted and we have no problem with leaving this paragraph as it is without any deletion or modification.

Chair:
Yes, indeed. I would like us to do a final reading on Monday morning so then we can run through the whole text on Monday morning with the facilitators here. Well, in any case, the articles that are still pending. So I’d prefer actually that we leave that for the time being, or leave the time being those articles that are still pending and we’ll look at them Monday morning with the vice-chairs and facilitators here. We need to leave enough time for each of these things. But as you’re right, we’re very close to adopting this famous Article 7. The Syrian Arab Republic.

Syrian Arab Republic:
Thank you, Madam Chair. My delegation wishes to deliver the following statement, joint statement, on behalf of a group of countries regarding both Articles 15 and 16. I have the honour to deliver this statement on behalf of Bahrain, Bangladesh, Belarus, Burkina Faso, Egypt, Indonesia, the Islamic Republic of Iran, Iraq, Jordan, Kuwait, Libya, Mali, Mauritania, Morocco, Nicaragua, Oman, Pakistan, Qatar, the Russian Federation, the Kingdom of Saudi Arabia, Sudan, United Arab Emirates, Yemen, and my country, the Syrian Arab Republic. I would like to express our sincere gratitude and appreciation for the wise leadership and effort exerted by Her Excellency Ambassador Fawzia Mubaraki, Chair of the Ad Hoc Committee, and to the Secretariat for all the efforts made in convening this meeting. And with your indulgence, we’d like to reiterate our view regarding Articles 14 and 16 as following. Madam Chair, the current formulation of Article 14.3 could limit criminalization of child sexual exploitation online to contend depicting a real child. Such formulation may exclude animations, cartoons, or other visual representations of child sexual exploitation. The present formulation would defeat the very purpose sought in elaboration of the Convention and inclusion of Article 14 in the Convention, since it would create exceptions in fighting this crime, we should also take into account that artificial intelligence is increasingly misused by criminals, including for child sexual exploitation. It should be noted also that term without right in Paragraph 1 is contrary to the purpose of the Article 14, since the latter would indicate as if there could be a right to access child sexual exploitation material. This would undermine countering the use of ICT for criminal purposes and international cooperation in this area. There is no right to engage in the child sexual exploitation or to normalize such conduct. Madam Chair, distinguished colleagues, on Article 14.4a, while we could be flexible on having provisions excluding criminalization of children under domestic laws, we see merits in having a clause emphasizing the discretion of states for establishing corrective or rehabilitative measures. This is important. This way, we could ensure that our children are protected from harmful behavior, which might lead to other victimization by criminals too. Nonetheless, we could not accept subparagraph b. as it runs counter to our domestic laws. Now I would like to turn to Article 16. The future Convention, as an international legal framework on combating the use of information and communication for criminal purposes, should indeed have due regard to the differences among various domestic legal systems. It should not opt for the imposing of legal theories of specific legal frameworks on domestic legal systems that adopt a broader approach in countering dissemination of intimate images and related issues. It is necessary to formulate the Article in a manner that would more clearly be consistent with the domestic laws of countries, including those of our grouping, related to criminalization of the publication of intimate images and obscene material, whether with or without consent of the parties involved. This is necessary to preserve order and public morals consistent with social, normal, and values which might vary by context. It also could provide broader acceptance of the Convention globally. It is also important to delete the phrase without right from this Article as well. For similar reasons that we have mentioned in Article 14. In conclusion, having said that, our proposal is to be added as Article 16.5 is as following. Nothing in this article shall prejudice criminalization of the dissension of intimate images under domestic law of state parties. That’s the end. This formulation allows for latitude for domestic legal systems without undermining the purposes of this article. Madam Chair, I thank you.

Chair:
Merci beaucoup. Thank you very much. Australia, you have the floor.

Australia:
Thank you so much, Madam Chair. I just wanted to come in to note and to thank our Russian colleague for noting Article 27. This is an article that I believe has been agreed at referendum and so it was not assigned to my small group, Informal, to continue to discuss. I am very willing to take it on if you so agree, but I think it’s a conversation more for the room and for you to determine whether or not we want to be discussing agreed-ad-ref text in informal negotiations. Separately, the Chair is about to give us an early mark, but I am not. If you want to talk more about any of the proposals that were circulated by the Secretariat this afternoon from the small group, particularly around Article 36 on data protection, please come and join me in a room to be determined shortly once the Secretariat tells me. I haven’t asked them yet. We will continue discussions this afternoon. Thank you so much.

Chair:
Thank you very much. Article 27 was part of the package that was being facilitated by you when we looked at the text at the sixth session. That’s why I mentioned you actually. on Article 27, I do remember, so I would officially ask you, if you wouldn’t mind, to include Article 27 in the articles that are still open to be facilitated and coordinated. Thank you very much. Secretariat, you’re trying to find a room for Brioni, so the informals can continue. Rwanda, you have the floor.

Rwanda:
Thank you, Madam Chair, for the continuous efforts invested into reaching a consensus on various contested articles of the draft Convention. In the spirit of reaching a consensus, Rwanda generally supports the proposed changes as suggested by SETS here present, except for Article 14 of the UDTC. Although Rwanda agrees with the indispensable nature of Article 14 and the rationale behind its inclusion, which was to protect children against offences related to online child sexual abuse or child sexual exploitation material, however, we should note some of the problematic issues of Article 14, Paragraph 1, which may fall short of compliance with international law and civil human rights instruments. If we take a look at Article 3 within the Convention on the Rights of the Child, which states that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interest of the child shall be a primary consideration. Similarly, Paragraph 2 of the same Article 3 gives obligation to states to create legislation that supports these provisions at domestic and international level. Madam Chair, international law is a powerful conduit for combating cyber crimes and crimes committed through the use of an information and communications technology system, the most reputable instrument being the CRC in regard to children, which has set the course. for how to define, prevent, and legislate matters related to children. Madam Chair, therefore, the words without right in this article in paragraph one can be perceived as creating legal gaps for impunity. Since none of the words in paragraph one could in principle be done without right, or could be done with right, and the exceptions for law enforcement necessities would be adequately covered by the term intentionally or by the general principles of domestic law. In other words, we want to say that no one has a right to commit crime. This similarly applies to material that has scientific, medical, artistic, or other legitimate purposes. Rwanda, therefore, strongly suggests the deletion of the word without right because it provides state parties a degree of flexibility that would establish impunity and immunity by abusing professional prelogatives or human rights aimed at the deliberate commission of the acts prohibited in paragraph one without pursuing a legitimate but a sexual purpose. We should not wait to subject those who may abuse the prelogatives to a judicial proceeding by a competent authority established by law because the convention does not only aim at punishing but has also to serve a preventive purpose. It would be visible to anyone that among the drafters of the convention, law enforcement took the upper hand in ensuring auto-protection according itself privileges contravening international laws and auto-protection from prosecution. As we come to the end, we would say that the provision as it stands is not only ambiguous but provides a leeway and permissiveness for an undefined group to be eligible to abuse of the said provision because the list of those with rights has not been explicitly enumerated or defined by the UDTC. In a nutshell, the word without right defeats the whole purpose of the provision by creating immunity and impunity, as already said, for an undefined group of persons which may favor those with illegitimate purposes, but also with those with evil motives against children, a vulnerable group for such dehumanizing crimes of a sexual nature. While the intention behind its inclusion was to safeguard children from online child sexual abuse and exploitation, it is essential to ensure that any legal provisions align with international human rights standards. As we deliberate, let’s consider how to harmonize these principles effectively. Thank you, Madam Chair.

Chair:
Thank you very much. Iran, you have the floor.

Iran:
Thank you very much, Madam Chair. We align ourselves with the statement delivered by the distinguished representative of the Syrian Arab Republic on behalf of a group of countries, and I believe we have duly reflected our position regarding Article 14 and 16 in the previous sessions. We would like to provide more specific details and argue on these articles with your indulgence. We all know that perpetrators are increasingly misuse ICT, including to commit egregious crimes against children, including to engage in child sexual exploitation. And I believe the very rationale for considering this matter in the present draft convention is to respond to this criminal phenomenon, to collectively fight against this horrendous crime and to protect our children. But the current formulation of Article 14 does not correspond and commensurate with this highly important goal. Article 14, paragraph 3, might allow a state party to derogate from its obligations to counter such heinous crime when the subject of the material is not a real person. This runs counter to the purpose of this article. The use of new technologies has brought about various forms of child sexual exploitation. By way of example, misuse of artificial intelligence to produce such material are becoming more pervasive. Cases have been brought in various countries where the defendant has superimposed images creating morphed materials that are not real because they represent different persons but are no different from a real content. Given the rapid advancement of ICT, the scale and intensity of such criminal behavior is expected to exponentially increase both in terms of form, medium, and content. Ignoring this eminent threat to our children runs afoul of the numerous positions reiterated in this meeting that this convention should withstand the test of time. If the main goal is to protect our children, then the artificial distinction between real and non-real material would only be superfluous since there exists no difference on the very detrimental impact that such material has on our children and society. Non-real material depicting child sexual exploitation entices perpetrators to commit sexual exploitation against children, expressly legitimizing the production, selling, dissemination, or otherwise making available such material normalize this heinous crime. Non-real materials demonstrating child sexual exploitation are indeed conducive to perpetration of such crimes and could be considered also as root causes of commission of unspeakable crimes against children. In the light of the foregoing, we continue to oppose any exception in fighting child sexual exploitation. The strong message of full protection of our children in the face of criminals is a must. We should not opt for less. Madam Chair, the future convention as the first ever international legal framework on combating the use of ICT for criminal purposes should indeed have due regard to the differences among various… It should not choose for imposing legal theories of specific legal frameworks on domestic legal systems that adopt a broader approach in countering dissemination of intimate images and obscene material. The present language contained in Article 16 prejudices the domestic laws of many countries while reflecting the legal approach of a limited number of countries. Thus, we fully support the proposal made on behalf of a group of countries by the Distinguished Representative of the Syrian Arab Republic. Just to be more exact, Madam Chair, on Article 14, we continue to oppose the term without right in Paragraph 1 for the reason that was explained also by the Distinguished Delegate of Rwanda. We believe there is no such right to commit any sort of child sexual exploitation. On Subparagraph 3, we continue to oppose and request its deletion. And on Subparagraph 4, while we could be flexible in having a general provision regarding exclusion of certain materials that are created self-generated by children, we think that there is merit in having corrective and rehabilitative measures in place. Therefore, while we continue to oppose Subparagraph B of Paragraph 4, we propose to add the following provision at the end of Subparagraph A of Paragraph 4. That would be read as this. However, a state party may adopt corrective and rehabilitative measures with respect to the conducts referred to in Paragraph 5, 4 of this article, in accordance with its domestic laws. On Article 16, we also, for the same reason, would like to see without right deleted in Paragraph 1. We continue to oppose Paragraph 3. And we fully support, as I mentioned, the proposal of the Syrian Arab Republic. on behalf of several delegations, regarding having a provision that would be more consistent with domestic laws of many countries, including my own. I thank you, Madam Chair.

Chair:
Thank you very much, Iraq.

Iraq:
Thank you, Madam Chair. At the outset, my country’s delegation wishes to extend to you our great appreciation, and we thank your team for the efforts made to pave the way for consensus. As we are addressing contentious articles, we wish to express our full support to the statement made by the distinguished delegate of the Syrian Arab Republic on behalf of a number of states, including Iraq. We support all the justifications that were mentioned. And if we truly want to reach a universal convention, I stress that we must ensure that all of our considerations are taken into account. The needs and demands of some states cannot be heeded while the demands of others are simply not. Therefore, we seek a universal text that we all agree on. At the same time, there is a need to take into account legal considerations as well as traditions and customs of all states. Any selectiveness in this regard cannot be applied to this convention. The text must be agreed upon by all. Therefore, the needed protection must be provided for children, taking into account national needs as well as the provisions of local legislations. Of all states, therefore, we call upon all member states to ensure consensus and to take into account the statement that has been made so that we can address all of our concerns. Thank you.

Chair:
Thank you. Before giving the floor to China and then Pakistan and then Mauritania, I would like to announce to the member states that our dear colleague, the Vice-Chair of Australia, will hold informal consultations in Conference Room E. So those who are interested in joining the group will be in that room, Conference Room E, to take part to help to find a solution to the articles that are pending. And she is in charge of that task. Thank you very much. China.

China:
Thank you, Madam Chair. The microphone for the speaker, please. Thank you, Madam Chair. With regard to Articles 14 and 16 of the Draft Convention, China thanks the efforts of the distinguished Vice-Chair of Nigeria. China thanks the joint statement made by the distinguished representative of the Syrian delegation that the Convention should effectively combat child pornography offences and fully protect the rights and interests of children in cyberspace. In fact, Article 2 of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography contains clear provisions on child pornography. And Article 3 further stipulates that the production, distribution, transmission, import, export, sale, marketing, or possession of child pornography should be punishable by appropriate penalties. China is of the view that in combating child pornography, the Convention should be consistent with the Convention on the Rights of the Child and its protocols and should provide strong guidelines for combating child pornography from the perspective of affording maximum protection to the rights and interests of children. With regard to Article 16 of the draft Convention, as China has stressed on many previous occasions, although for the time being there’s no criminalization provision in Chinese domestic law that corresponds to that particular article, in order to promote the conclusion of the Convention, China has demonstrated great flexibility with regard to that article. We also call on all countries to exercise goodwill and leave room for different countries to apply this article in accordance with their own national realities and legal provisions. Thank you, Madam Chair.

Chair:
Thank you, Pakistan, and then Mauritania.

Pakistan:
Thank you very much, Madam Chair, for giving me the floor. Pakistan aligns itself with the statement delivered by a distinguished delegate of Syria on behalf of a number of countries which Pakistan has already joined. Madam Chair, the protection of children is a collective interest of all, and we believe that no exception in this regard is acceptable. However, the current draft of Article 14 includes elements like without right in paragraph 1, which has already been explained in detail by a distinguished delegate of Rwanda and other speakers before me. and the limitation imposed on the child’s sexual abuse material reflected in Paragraph 3 to a real child only and the exception allocated for consensual relationship or obscene material kept for private use are all non-acceptable. This to us is a deviation from CRC and OPSC, both in terms of scope and limitations. And we would urge the current proposal to be drafted in a manner that is acceptable to all and in line with our international obligations. Thank you, Madam Chair.

Chair:
Thank you, Mauritania.

Mauritania:
Thank you, Madam Chair. Good evening, everyone. We wish to extend our support to the Distinguished Representative of the Syrian Arab Republic. We support the statement made on behalf of a number of states, including Mauritania. In our national capacity, we stress the need to take into account what the statement has included, including observations on Articles 14 and 16, namely the need to ensure real protection to the child and the need to put an end to any exemptions to these provisions that have been included in these two Articles. We stress once again the importance of the observations provided by the Distinguished Representative of Rwanda on the mention of without right. We once again stress the importance of taking this into account and we align ourselves with the Distinguished Representative’s statement. Thank you.

Chair:
After that overview on Articles 14 and 16, I would like to begin by deeply thanking my brother and vice chair from Nigeria for having agreed to facilitate the informal consultations with the delegations concerned. I would strongly encourage him to continue. I support him with all of my power to try to reach a consensus. George, it’s the most difficult thing. I believe that everyone will recognize that Articles 14 and 16 are the most difficult ones. And so please continue your efforts. I will be there with you in the course of the weekend. We will try to find a solution which could allow the 22 countries listed here announced by the representative of Syria, which would allow them to join the consensus. So thank you very much. I see that there’s another request for the floor from the representative of the Democratic Republic of the Congo.

Democratic Republic of the Congo:
Thank you very much, Madam Chair. Thank you for giving me the floor. We have listened closely to the reactions of the different states, and we would like to issue our point of view as well in the following terms. The enjoyment of a right should not, in principle, be a collective clash of opinion. And the respect for that collective opinion, which is built on the basis of societal values, is part of the observation of the human nature by a people. A group of states should not place a… Among human rights, content according to their societal practices, which are sometimes contrary to the practices of other states, which you also have to respect. And making general rules that everyone must respect, what’s even worse is trying to impose it on others. The use of the term without right, used in paragraph 1 of articles 14 and 16, as well as in paragraph 3 of article 16, is therefore extremely dangerous for the interest of the child. Children certainly have rights, rights which are protected by the convention that was mentioned by those who spoke before me, and we are all working to ensure that that right will continue to be protected and secured within our respective states. And along those same lines, some initiatives have been taken at the level of certain states in terms of making the law of the child in line with domestic legislation. The exceptions introduced in article 14 and 16 must be deleted for the superior interest of the child. It’s true that today we think that leaving this gap open to allow children to be able to agree to images – I’m going to give you an example to facilitate the understanding of what I say. Children have a right to freedom of movement in that home. They do whatever they want, but when we see children exercise their right to movement in the household, and when there are electric wires in front of them. Do we let children have freedom of movement in that situation? Do we allow them to touch the electrical wires? We wouldn’t do that. And so I think that we are calling upon the state parties to have the same attitude. We would add our voice to those of Syria and Egypt and many other states that have taken a stand along the same lines. Thank you very much.

Chair:
Thank you very much, Russian Federation, then Brazil.

Russian Federation:
Thank you, Madam Chair. We want to reiterate our support for the Syrian statement that was supported by a group of states, and we want to stress that those states that have adopted the statement have expressed much flexibility and a willingness to reach consensus, and we urge other states who have concerns with regard to these articles to express the same flexibility. Thank you.

Chair:
Merci beaucoup, le Brésil. Thank you, Brazil.

Brazil:
Thank you very much, Chair. Just a quick note on national capacity regarding the discussions on Article 14 and 16. These have been very much complex, and we’ve been working a lot under the able hands of Vice Chair George, and we appreciate his efforts. And it does seem to us that however difficult this has been, we did take some, however small, we did take some steps forward on trying to bridge the different perspectives and wishes and goals and cultural values in these past two days. including regarding what was mentioned here, the specific points. So we are at your hands and we will continue to make efforts on trying to bridge, not impose national values on any group of countries, and trying to bridge those into language that can be adopted by consensus. Thank you.

Chair:
Merci beaucoup. Thank you very much. Well, that’s what I was told in any case. I saw the results of the work within the informal consultations. We will take stock of this on Monday morning, as I said, once and for all. As I told you as well, on Monday at 6 p.m. I will submit to the Secretary the final text, and that would be for translation in the six official languages of the United Nations. Thank you very much. Just to laugh a bit, because sometimes we need a bit of humor. I saw in the statement read out by the Syrian Arab Republic that I changed gender. Well, in Arabic we don’t say, Madam Chair, you say Mr. Chair. Even if it’s a woman here, I’m a Fawzi. Well, just to laugh, just to inject a bit of humor. I changed my gender for certain countries. I am Mr. Fawzi. Thank you very much. Have a good weekend.

Speakers

Australia

Speech speed

152 words per minute

Speech length

182 words

Speech time

72 secs

Brazil

Speech speed

145 words per minute

Speech length

149 words

Speech time

62 secs

Report

Brazil has actively engaged in international negotiations, focusing on environmental policy and fostering consensus among diverse nations. Its commitment to pursuing a diplomatic and collaborative approach, while respecting cultural values and national capacities, has elicited a positive response. The nation’s dedication to a thoughtful discourse on complex issues is evident in its approach to discussing Articles 14 and 16 under international environmental frameworks.

The leadership of Vice Chair George has been instrumental in guiding these discussions, providing a structured and progressive environment for debate and resolution. Brazil’s recognition of the intricate nature of these negotiations and their subsequent affirmation of the progress made reflect a constructive attitude towards international cooperation.

Moreover, Brazil has articulated a clear stance on maintaining the integrity of cultural diversity and national sovereignty in its consensus-building efforts. Its strategy is keenly focused on forming a unified front without imposing its own values upon others, showcasing an understanding of the nuances in international relations.

Significant headway has been made to bridge diverse perspectives in the last two days, demonstrating Brazil’s ability to navigate and reconcile contrasting opinions. This suggests that its commitment to diplomacy is active and evidenced by recent efforts. Brazil’s actions align with the Sustainable Development Goals (SDGs), particularly Goals 16 and 17, which focus on peace, justice, strong institutions, and partnerships.

By fostering an inclusive platform for dialogue, Brazil embodies the principles of these goals and contributes to their advancement. In conclusion, Brazil’s positive and proactive engagement in international discussions has cemented its role as a collaborative partner addressing global challenges.

Its capacity to balance national interests with an appreciation for cultural diversity and collective action serves as a model for international diplomacy, advancing progress toward the SDGs. This participation affirms Brazil’s status as a facilitator of dialogue and a proponent of sustainable, inclusive global governance.

Canada

Speech speed

138 words per minute

Speech length

69 words

Speech time

30 secs

Report

The prevailing consensus during the resolution drafting for an International Convention aimed at countering the misuse of Information and Communication Technology (ICT) has led to a recommendation to postpone the adoption of Paragraph 6. This postponement is rooted in the necessity for coherence with the processes described in Paragraph 5, indicating that any rushed commitment to the stipulations of Paragraph 6 could be premature.

Both Paragraph 5 and Paragraph 6 of the draft resolution are closely linked, with the former setting the framework for the strategies that Paragraph 6 seeks to define. Given that Paragraph 5 is currently in a consultative phase, the sentiment towards the early adoption of Paragraph 6 is negative, with concerns that adequate timing is crucial to ensure a constructive and inclusive dialogue.

Canada, as one of the member states, has taken a neutral and pragmatic position by suggesting a deferral of the decision on Paragraph 6. This proposed deferment aims to uphold the coherence of the resolution’s structure, in line with the Sustainable Development Goal (SDG) 16, which emphasises peace, justice, and strong institutions.

Supporting facts emphasise the importance of timing in the drafting process, highlighting that Paragraph 6 is not only about content but also about the schedule for implementing the resolution’s enforcement mechanisms. It is noted that informal consultations, vital to fine-tuning the resolution, are expected to continue over the next weekend, suggesting an extension of the usual deliberation period.

Canada’s neutral sentiment appears to be based on procedural considerations rather than opposition to the content of Paragraph 6, reflecting a commitment to ensuring that the resolution is the result of comprehensive, participatory discussion. In conclusion, the ongoing discussions reflect a collective determination to ensure that the resolution represents a well-thought-out and cooperative endeavour among member states.

The deliberate reflection on the timing of Paragraph 6’s adoption showcases a commitment to the quality and relevance of the resolution in realising the goals of SDG 16.

Chair

Speech speed

118 words per minute

Speech length

2057 words

Speech time

1048 secs

Arguments

The ADO committee is focused on creating a convention on countering information and communications technology misuse.

Supporting facts:

The committee is in the final stages of elaborating a draft resolution.

Paragraph 5 required informal consultations to reach a consensus.

Topics: International Law, Cybersecurity, ICT

Progress is evident as the committee moves to discuss paragraph 6 after concluding with paragraph 5.

Supporting facts:

The discussion on paragraph 5 concluded with an agreement.

Vice chair on behalf of Brazil is undertaking informal consultations.

Topics: International Law, Cybersecurity, ICT

Russia reserves its position on the use of the term ‘cybercrime’ in paragraph 7 of the draft resolution.

Supporting facts:

Russia does not object to paragraph 7 as a whole.

Russia has not reached a final understanding on the convention’s name.

Russia has submitted proposals to the Secretary.

Topics: Cybercrime, International Law, Draft Resolutions

Iran requests to keep discussion on Secretariat for convention open

Supporting facts:

Iran is in the midst of internal discussions concerning the Secretariat for the convention

Topics: Diplomacy, International Conventions

Russian Federation requests consideration of its position on Article 27 regarding extraterritoriality threats

Supporting facts:

Russia expressed concerns that Article 27 could pose a threat to extraterritorial principles

Russia has proposals regarding terminology and interpretation of ‘investigation’ in Articles 3, 33, and 35

Topics: Extraterritoriality, Article 27, Legal Convention, Diplomatic Relations

Russia is open to bilateral and multilateral consultations to reach common ground on the Convention text

Supporting facts:

Russia expresses readiness to engage in further discussions to include its ideas in the Convention

Topics: Diplomatic Negotiations, International Cooperation, Legal Convention, Consensus Building

The United Arab Emirates agrees to leave a paragraph unmodified in discussions regarding unlawful access.

Supporting facts:

UAE consulted and has no problem with the current state of the paragraph.

Discussion involves an agreement on the text of an international document.

Topics: Unlawful Access, International Agreement

Chair plans to conduct a final reading on Monday morning to review the whole text and pending articles.

Supporting facts:

The final reading is scheduled for Monday morning with facilitators present.

Some articles of the document are still pending review.

Topics: Document Review Process, International Cooperation

The current formulation of Article 14.3 may not adequately criminalize all forms of child sexual exploitation online.

Supporting facts:

Article 14.3 could limit criminalization to content depicting a real child, possibly excluding animations or visual representations.

Artificial intelligence is increasingly misused for child sexual exploitation, which may not be covered under the current formulation.

Topics: Child Protection, Cybercrime

There is a consensus on the need for protective measures for children other than criminalization.

Topics: Child Protection, Legal Reforms

The phrase ‘without right’ in Articles 14 and 16 may imply an entitlement to access or disseminate illegal content.

Topics: Legal Interpretation, Cybersecurity Laws

Article 16.5 should allow for the integration of domestic laws on the criminalization of intimate image dissemination.

Supporting facts:

Social norms and values vary, impacting public morals and legal interpretations.

Mentions the need for a broader global acceptance of the Convention.

Topics: Cultural Values, Legislation

Australia is willing to take on the discussion of Article 27 if agreed upon by the Chair.

Supporting facts:

Article 27 was agreed at referendum and was not assigned to Australia’s small group.

Australia acknowledged Russian colleague’s notation of Article 27.

Topics: Article 27, Informal Negotiations, Ad Ref Text

Australia is ready to continue discussions on Article 36 regarding data protection.

Supporting facts:

Proposals were circulated by the Secretariat that afternoon for small group discussion.

Topics: Article 36, Data Protection, Informal Meetings

The Secretariat was tasked to find a room for informal discussions to continue.

Topics: Secretariat, Informal Discussions, Meeting Logistics

Rwanda supports the proposed changes except for Article 14 of the UDTC.

Supporting facts:

Article 14 aims to protect children against online sexual abuse or exploitation.

Topics: Child Protection, Online Safety, Legal Compliance

Rwanda finds the phrase ‘without right’ in Article 14 problematic and against international law.

Supporting facts:

‘Without right’ may allow legal gaps for impunity.

Inclusion of ‘without right’ may contravene with the Convention on the Rights of the Child.

Topics: Children’s Rights, Legal Language Ambiguity, Cybersecurity Norms

Rwanda suggests the deletion of the phrase ‘without right’ to prevent immunity and impunity.

Supporting facts:

The undefined ‘right’ could be exploited for illegal activities against children.

The convention should serve a preventive purpose, not just punitive.

Topics: Legal Clarity, Human Rights Protection

Legislation must align with international human rights standards when safeguarding children online.

Supporting facts:

Article 3 of the Convention on the Rights of the Child emphasizes the best interest of the child.

Topics: Child Welfare, International Law, Digital Governance

Definitions and exceptions must not favor those with illegitimate or malicious intentions.

Supporting facts:

Ambiguity in legal definitions provides leeway for potential exploitation.

The list of those with rights has not been clearly enumerated in the UDTC.

Topics: Cyber Crimes, Legislative Integrity

Iran aligns with the group of countries represented by Syria in opposing specific formulations in Articles 14 and 16.

Supporting facts:

ICT is increasingly misused to commit crimes against children.

Non-real material depicting child sexual exploitation can lead to actual crimes against children.

Topics: Child Sexual Exploitation, ICT Misuse, Legal Frameworks

Iran criticizes Article 14 for making a distinction between real and non-real material in child sexual exploitation cases.

Supporting facts:

Artificial intelligence can create realistic depictions of child sexual exploitation which have a detrimental impact regardless of their non-real status.

Legal frameworks should respond to evolving ICT misuse without making artificial distinctions.

Topics: Child Protection, Legislation, Artificial Intelligence

Iran insists on protecting children from all forms of sexual exploitation material without exceptions.

Supporting facts:

Material that portrays child sexual exploitation, whether real or not, normalizes the crime.

Such materials contribute to the commission of actual offenses against children.

Topics: Child Rights, Cybercrime, Child Safety

Iran proposes amendments to Article 14, demanding the deletion of some paragraphs and the inclusion of corrective and rehabilitative measures.

Supporting facts:

Iran objects to the term ‘without right’ in Article 14, refuting the notion of a right to exploit.

Iran suggests including provisions for corrective actions within domestic legal frameworks.

Topics: Legal Amendments, Rehabilitation, Crime Prevention

Iran criticizes Article 16 for not respecting the domestic laws of many countries and thus supporting the Syrian proposal for change.

Supporting facts:

Article 16 is considered prejudicial to domestic laws of certain nations.

A call for provisions that align better with a broader range of domestic legal practices.

Topics: ICT Law, National Legislation, International Treaties

The Convention should effectively combat child pornography offences and protect children’s rights in cyberspace.

Supporting facts:

Article 2 of the Optional Protocol to the Convention on the Rights of the Child provides provisions on child pornography.

Article 3 stipulates penalties for various activities related to child pornography.

Topics: Child Pornography, Cyber Safety, Child Rights

Pakistan emphasizes the collective interest in the protection of children and finds no exceptions acceptable in this regard.

Supporting facts:

Pakistan aligns with Syria’s statement on child protection.

Pakistan expresses concerns over exceptions in current draft of Article 14.

Topics: Child Protection, Human Rights

The current draft of Article 14 contains unacceptable elements, such as the phrase ‘without right’ and the limitation to real child sexual abuse material.

Supporting facts:

The issue with wording ‘without right’ has been highlighted by Rwanda and others.

The limitation on child sexual abuse to real children only, excluding virtual depictions, is pointed out.

Topics: Legislation on Child Protection, Child Sexual Abuse

Pakistan disagrees with the exceptions in Article 14 for consensual relationships and keeping obscene material for private use.

Supporting facts:

Pakistan calls out the deviation from CRC and OPSC regarding the scope of protecting children from sexual abuse material.

Exceptions for consensual relationships and private use of obscene materials are specifically rejected.

Topics: Child Rights, Sexual Abuse Legislation

Pakistan urges for a redrafting of Article 14 to be in line with international obligations and acceptable to all.

Supporting facts:

Pakistan requests the current proposal of Article 14 to reflect the collective agreement on child protection obligations.

The redrafting is suggested to make the article compatible with CRC and OPSC.

Topics: International Law, Child Protection Policy

Russian Federation supports the Syrian statement and urges for consensus

Supporting facts:

Support was expressed by a group of states

Flexibility and willingness to reach consensus by supporting states

Topics: International Relations, Diplomacy

Brazil acknowledges the complexities in discussions on Articles 14 and 16, appreciates Vice Chair George’s efforts, and sees progress in bridging diverse perspectives.

Supporting facts:

Acknowledgment of the complex nature of discussions

Recognition of Vice Chair George’s efforts

Progress in bridging different perspectives and cultural values

Topics: International Negotiations, Cultural Value Integration

Report

The committee is advancing in its efforts to draft a resolution aimed at deterring the misuse of information and communications technology (ICT). The ADO committee is making strides by wrapping up discussions on paragraph 5 and transitioning to paragraph 6. This progress is notable, especially with Russia’s constructive engagement, which includes not opposing paragraph 7 as a whole but expressing reservations about the naming of the convention and references to ‘cybercrime’.

As the discussions unfold with a largely neutral sentiment, there is a spirit of cooperation. Iran, for instance, has asked to extend talks on the Secretariat of the convention, a request that the Chair has responded to in a courteous manner.

Meanwhile, Russia’s apprehensions concerning Article 27’s possible encroachment on extraterritorial principles are being addressed through diplomatic channels, offering possibilities for further bilateral and multilateral consultations to foster common ground. The safeguarding of children in the online space is a focal point of debate, particularly regarding Article 14.3.

There is concern that its current wording may not fully criminalise all variations of child sexual exploitation online, potentially excluding artificial representations such as animations or AI-generated content. Despite agreement on the importance of protective measures for children, the inclusion of phrases like ‘without right’ has sparked extensive debates over potential loopholes and the broader implications for legal exploitation.

The discussions reveal the critical nature of cultural consideration in international law, illustrated by debates over Article 16.5, which seeks to allow for the integration of different domestic laws regarding the criminalisation of non-consensual dissemination of intimate images. Proposals are also made to guarantee state discretion for rehabilitative measures, and the Chair has dismissed Article 14.4b due to its incompatibility with domestic statutes.

An emphasis on legal precision underlines the dialogue, highlighting the urgency of establishing clarity to prevent the abuse of ambiguous legal definitions that could inadvertently protect illegitimate activities, especially concerning child protection. Furthermore, the ongoing conversations reflect an awareness that cybercrime legislation must evolve alongside technological advancements.

Notable are the objections from countries like Iran and Pakistan to the proposed formulations within Articles 14 and 16, which they argue do not provide comprehensive protection against ICT crimes targeting children. There is a shared view that international agreements such as the UDTC should align with foundational international children’s rights treaties, including the Convention on the Rights of the Child, particularly around issues like combating child pornography and securing the rights of children in the digital domain.

Despite these rigorous negotiations, a positive and constructive environment prevails, with the Chair lauding the diplomatic engagement and participants’ earnest efforts. States, such as Russia and the Russian Federation, demonstrate their readiness to work collaboratively towards mutual understandings and agreements, a sign of progress in accommodating different cultural values and perspectives.

As the negotiating process continues, the Chair judiciously directs the committee towards the timely finalisation of the text, suggesting a sense of determination mixed with light-heartedness to preserve a collaborative and efficient setting. The discussions portray a complex negotiation process, with member states aimed at harmonising their local legal frameworks with the overarching goal of international cooperation to effectively tackle cybersecurity challenges and enhance child protection on the global stage.

China

Speech speed

134 words per minute

Speech length

292 words

Speech time

131 secs

Report

China has extended its gratitude to the Vice-Chair of Nigeria for their input on Articles 14 and 16 of the Draft Convention and has aligned itself with Syria, emphasising the urgent need to tackle the offences of child pornography effectively to safeguard children in the digital space.

China has acknowledged the provisions of Article 2 of the Optional Protocol to the Convention on the Rights of the Child on child pornography and insists on the alignment of the Draft Convention with the principal Convention and its additional protocols.

China contends that the Draft Convention should bring forth comprehensive and stringent guidelines to address child pornography thoroughly, thereby ensuring the rights and interests of children are highly protected. Moreover, China has noted that although its internal laws do not yet reflect the criminalising measures proposed in Article 16 of the Draft Convention, the nation has displayed considerable flexibility to facilitate the Convention’s finalisation.

China underscores its flexible stance as indicative of its dedication to the Convention’s wider objectives, despite the limitations of its own legal system. It encourages other countries to adopt the same spirit of goodwill and pragmatism, advocating for the necessary room to interpret and implement Article 16 in line with each nation’s distinct legal realities.

In conclusion, China reaffirms its commitment to the protection of children’s rights, particularly against cyber threats like child pornography, and is open to negotiating specific legal terms to guarantee the Convention’s successful endorsement. With this approach, China is seeking mutual understanding and collaborative compromise among the drafting countries with the aim of enhancing the protection of children’s rights across the globe.

Thank you, Madam Chair. [The text did not contain UK spelling or grammar errors that required correction. Long-tail keywords were included without losing the quality of the summary.]

Democratic Republic of the Congo

Speech speed

131 words per minute

Speech length

439 words

Speech time

201 secs

Iran

Speech speed

145 words per minute

Speech length

1139 words

Speech time

472 secs

Report

In the latest discussions surrounding the formation or administration of a convention’s Secretariat, several sections of a draft document or potential resolutions are undergoing critical examination. The dialogues on Paragraphs 7, 8, and 9 are particularly noteworthy, as they remain unresolved, each presenting its unique challenges and areas of focus.

Currently, Paragraph 7 is in abeyance, set aside tentatively, which suggests that it may be of secondary priority or that there are unresolved issues preventing a consensus or decision at this time. Iran has explicitly requested that the dialogue on Paragraph 8 remains active, due to their ongoing internal discussions that are likely influencing their stance or decision-making process.

This indicates Iran’s active engagement with the paragraph’s contents and implications, yet the nation is not prepared to declare a definitive viewpoint. Regarding Paragraph 9, Iran again articulates the need to maintain open discussions. Given the supporting facts, it is evident that Iran is involved in substantive conversations about the details of this paragraph, especially the critical fifth line, which is presumed to contain essential information relative to the role or operational duties of the Secretariat.

Iran’s consistent approach in asking for open discussions on both Paragraphs 8 and 9 suggests a concerted and possibly strategic approach towards the negotiations concerning the proposed organisational governance within the convention’s structure. The reaffirmation of Iran’s position on Paragraph 9, which echoes their sentiments about Paragraph 8, accentuates the intricacies of diplomatic negotiations.

Clearly, Iran is striving to have its concerns and interests fully addressed via continued discourse about the Secretariat’s functions, bearing in mind the potential wide-ranging effects on international relations and the efficiency of the convention’s operations. Throughout these arguments and appeals, the sentiment is invariably neutral, reflective of a commitment to objectivity and receptiveness to ongoing diplomatic dialogues.

No signs of opposition or strong objections are conveyed, suggesting a focus on constructive engagement and the encouragement of further dialogue to resolve the pending issues. In summarising these proceedings, the process is revealed to be at a delicate juncture, characterised by cautious and thoughtful handling of each contentious point.

This method is emblematic of diplomatic procedures where every facet of an agreement undergoes scrutiny to ensure alignment with national interests, organisational principles, and international duties. The Iranian appeals for open discussion signal a readiness to enter into negotiations, but also indicate a requirement for internal consensus before agreeing on the specific stipulations within the convention’s evolving framework.

The expanded summary has been checked and corrected for UK spelling and grammar, and carefully crafted to reflect the detailed analysis while embedding appropriate long-tail keywords such as ‘ongoing diplomatic dialogue’, ‘international relations’, ‘organisational governance’, and ‘convention’s Secretariat administration’, ensuring both accuracy and optimisation without compromising the quality of the summary.

Iraq

Speech speed

125 words per minute

Speech length

250 words

Speech time

120 secs

Report

The delegate commenced their speech by extending heartfelt gratitude to the Chairperson and her team, recognising the effort involved in fostering a collaborative atmosphere essential for achieving consensus on the convention’s contentious articles. This acknowledgment set a diplomatic tone and underscored the intricacy of the negotiation process.

Demonstrating a unified front, the delegate echoed the stance of the Syrian Arab Republic, signalling a strategic alliance among states such as Syria and Iraq. The delegate not only supported the position but also fully backed its rationale, ensuring their collective concerns were heard during the discussions.

The delegate’s primary argument focused on the necessity for an inclusive convention that accounts for the legal frameworks and interests of all states without exception. They advocated for a balanced approach in the drafting process, where no state’s preferences are given undue precedence, championing fairness and equity.

To bolster inclusivity, the delegate stressed that national traditions, customs, and legal peculiarities should be woven into the convention’s fabric. This stance underlined the importance of cultural sensitivity and respect for sovereignty in creating a broadly applicable and acceptable document.

With reference to the protection of children, the pivotal element of the convention, the delegate pointed out that the proposed text should be congruent with national requirements and existing legislation, indicating a preference for international standards that complement, rather than override, local laws.

The delegate concluded with an appeal to all member states to partake in constructive consensus-building, presenting the Syrian statement as a foundation for reconciling the diverse concerns of states. The emphasis was on fostering dialogue and collaboration towards a universally endorsed convention.

In summary, the speech was imbued with calls for cooperation, mutual respect, and the idea that a successful convention arises from collective decision-making. It acknowledged the need for a robust convention crafted with a commitment to the welfare of children worldwide, reflecting the necessity for a document born of global unity.

Jamaica

Speech speed

119 words per minute

Speech length

86 words

Speech time

43 secs

Mauritania

Speech speed

121 words per minute

Speech length

148 words

Speech time

74 secs

Report

Mauritania has actively engaged in the discussion on child protection within the legal framework, particularly focusing on the implementation of Articles 14 and 16. The nation has endorsed the Syrian Arab Republic’s stance and is calling for more robust measures to safeguard children, advocating for the elimination of exemptions within these articles that could compromise child welfare.

This stance is indicative of a positive sentiment towards enhancing legal infrastructures to promote the welfare of children and demonstrates Mauritania’s commitment to reinforcing international standards for child protection. Furthermore, Mauritania supports Rwanda’s interpretation regarding child rights, especially the significance of the phrase ‘without right’ in legal texts.

By underscoring the importance of this phrase, Mauritania addresses the intricacies of legal terminology and its impact on child rights. Acknowledging Rwanda’s insights, Mauritania champions the view that the phrase ‘without right’ must be accounted for critically in legal proceedings to protect the inherent rights of children.

Through its advocacy, Mauritania showcases its dedication to Sustainable Development Goal 16, aimed at fostering peace, justice, and solid institutions. Mauritania’s engagement implies its vigorous involvement in refining legal protections for children and highlights its intention to help shape the international narrative on child rights.

In this comprehensive review, Mauritania’s proactive measures in the realm of child protection law reflect an evolving legal philosophy committed to the rights of children. The country’s contribution to the international legal framework signifies a strategic approach to child welfare, underscoring Mauritania’s role in furthering dialogues that aim for robust international legal mechanisms for the protection of children.

Pakistan

Speech speed

138 words per minute

Speech length

189 words

Speech time

82 secs

Report

Pakistan’s position on child protection within the context of international law demonstrates a principled yet critical approach. The nation has aligned itself with a neutral stance that recognises the collective importance of safeguarding children’s rights, supporting the objectives of Sustainable Development Goal 16 to promote peace, justice, and strong institutions.

Furthermore, Pakistan has articulated a negative sentiment towards the specifics of Article 14 related to child rights and legislative drafting, noting the limited definition of sexual abuse materials as a significant issue. Pakistan’s primary concern is that the draft’s narrow scope could lead to potential loopholes, diverging from the obligations set by international agreements such as the Convention on the Rights of the Child (CRC) and the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography (OPSC).

The call from Pakistan for amendments arises from the view that the draft deviates from the comprehensive protections envisioned in the CRC and OPSC. By asserting that exceptions in the law are unacceptable, Pakistan advocates for a revision that aligns with the extensive and intent-driven framework of these international instruments, which are aimed at providing robust protection for children against all forms of exploitation.

Pakistan’s critique and call for change signify an effort to ensure that child protection laws are not only representative but also practically effective. The nation’s advocacy highlights the need for uniform application and enactment of laws that do not compromise child protection, emphasising its commitment as a key player in the international community.

In summation, Pakistan is actively engaged in enhancing legislation to safeguard children’s rights, which is intrinsic to the broader sustainable development mission. This reflects their goal of fortifying institutions to protect society’s most vulnerable members, contributing to a more equitable and secure world for children.

Russian Federation

Speech speed

143 words per minute

Speech length

484 words

Speech time

203 secs

Report

The Russian Federation has approached the development of cyber legislation with a neutral sentiment and strategic caution, meticulously scrutinising the language within the draft resolution. Whilst it does not oppose paragraph 7 of the draft resolution, which is in accordance with International Standards to uphold peace, justice, and robust institutions relevant to Sustainable Development Goal (SDG) 16, it has reserved its stance on the term ‘cybercrime’.

This reservation suggests that, while Russia recognises the importance of a global resolution, it also signals that there is an ongoing discussion and an absence of unanimous agreement on the appropriate terminology to encapsulate cyber offences at an international level.

Additionally, the Russian Federation has shown a proactive commitment to the policy-making process by submitting a detailed proposal to the Secretary that includes a preamble paragraph (PP) and two operative paragraphs (OPs). This proposal likely reflects Russia’s perspective and suggested actions to be considered within the broader framework of the resolution.

The submission denotes Russia’s participation in the proactive development of international norms and legal stipulations concerning cyber activities, marking it as an influential player in the conversation around cyber legislation. The Russian Federation’s measured approach underscores the complexities of international negotiations, especially in the context of cyber legislation.

Its particular attention to terminology evidences the delicacy of crafting international law, where phrasing can deeply affect national sovereignty, jurisdictional reach, and enforcement. Such strategic considerations demonstrate the balance that nations aim to achieve in negotiations—safeguarding their own interests while contributing to a consensus that accommodates the wider international community.

In sum, the Russian Federation’s diplomatic engagement and proposed amendments illustrate its determination to actively participate in shaping cyber legislation. Through its actions, it contributes to global efforts to fulfil SDG 16, underscoring the interplay of international relations and diplomatic discussions in the establishment of norms destined to influence the cyber domain for a future aligned with peace, justice, and institutional resilience.

Rwanda

Speech speed

158 words per minute

Speech length

682 words

Speech time

259 secs

Report

Rwanda has concurred with the majority of amendments proposed by SETS to the draft Convention, but has voiced considerable opposition to the phrasing of Article 14, Paragraph 1 of the UDTC. The crux of their concern is centred around the term “without right,” which is perceived to create potential legal loopholes that may lead to impunit.

This particular wording is seen as inconsistent with the Convention on the Rights of the Child (CRC), which unequivocally prioritises a child’s best interest in all legal, administrative, or legislative matters concerning them. The current form of Article 14 is criticised by Rwanda for deviating from established international legal frameworks and human rights norms, as it introduces a worrying degree of ambiguity that could be exploited to circumvent the lawful intent of protecting children from sexual offences.

Rwanda points out that the notion of criminal actions being conducted “with right” is fundamentally flawed. Instead, they suggest that the word “intentionally” could be adopted, or that law enforcement activities should be governed by existing domestic legal principles. Highlighting the perils of retaining the vague term “without right,” Rwanda argues that it provides a potential cloak of immunity to exploit the law, which undermines the Convention’s primary goal of preventing and safeguarding children from online sexual offences.

To prevent leniency towards criminal activities and ensure legal precision, Rwanda recommends the removal of the contentious phrase. The provision in its present form is deemed too open-ended, risking misuse by unspecified parties. Eradicating “without right” from the clause, according to Rwanda, would align the provision with its intended aim of efficiently combating online sexual crimes against children without inadvertently enabling exploitation by those with illegitimate aims.

In their conclusion, Rwanda underlines the imperative need for legislation that aligns with international human rights standards and offers robust protection for children’s welfare. They emphasise that the Convention should be preventive as well as punitive, to provide holistic safety for children from online sexual offences.

In essence, Rwanda advocates for legal clarity and urges other parties to reflect on how international laws can be harmonised effectively to avoid creating exploitable gaps. They conclude by reminding the Chair of the grave responsibility to develop legislation that upholds these exacting standards, aimed at safeguarding one of the most vulnerable segments of society.

In summary, the corrected text reflected Rwanda’s steadfast commitment to international human rights law, its insistence on legal precision and clarity, and its unwavering focus on protecting children’s interests without offering leeway for potential abuse under the guise of legal exceptions.

UK spelling and grammar conventions were applied throughout.

Syrian Arab Republic

Speech speed

105 words per minute

Speech length

669 words

Speech time

382 secs

Report

The delegate issued a joint statement on behalf of a group of countries including Bahrain, Bangladesh, Belarus, among others, expressing their collective gratitude to Ambassador Fawzia Mubaraki and the committee Secretariat for their commendable leadership and organisational efforts. The coalition highlighted concerns regarding Article 14.3, raising reservations about its provisions.

They argued that limiting criminalisation solely to content depicting a real child in cases of online child sexual exploitation might inadvertently leave a loophole. This loophole could exclude animated or non-realistic depictions, like cartoons, still potentially used for exploitation, particularly with the increase in artificial intelligence-assisted crimes related to child exploitation.

They urged for a tightening of legislative language to prevent these gaps. In their assessment of Article 14, the coalition voiced a strong objection to the term “without right”, positing that it could suggest there is a legal right to access exploitative child materials.

They emphasised that such a legal implication would undermine efforts in combating the use of ICT for child exploitation. The group showed openness towards Article 14.4a, which excluded criminal liability for children, promoting the implementation of corrective or rehabilitative over punitive measures.

However, they could not agree with subparagraph b. which conflicted with their national laws. With regards to Article 16, the delegate underlined the need for the future convention to respect the diversity of domestic legal systems and to avoid imposing specific legal concepts.

They highlighted varying approaches to the dissemination of intimate images and obscene material, tailored to reflect varying social norms and values. To prevent conflicts with national law, they suggested removing the phrase “without right” from Article 16. Additionally, they proposed adding a new section, 16.5, to ensure the Article did not impinge on individual state parties’ rights to criminalise dissemination of intimate images, aiming for broader global adherence to the convention.

In the final remarks, the coalition called for language in the international framework that allows for flexibility in domestic legal systems without losing sight of the convention’s objectives. The delegate closed by thanking the Madam Chair.

United Arab Emirates

Speech speed

89 words per minute

Speech length

38 words

Speech time

26 secs

(10th meeting) Reconvened concluding session of the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes

Table of contents

Knowledge Graph of Debate

Session report

Full session report

Progress on international convention to combat ICT misuse as ADO committee navigates complex discussions

Session transcript

Speakers

Australia

Report

Brazil

Arguments

Brazil acknowledges the complexity of discussions on Articles 14 and 16 and appreciates the progress made.

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Canada

Arguments

Paragraph 6 adoption should be postponed.

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Chair

Arguments

The ADO committee is focused on creating a convention on countering information and communications technology misuse.

Progress is evident as the committee moves to discuss paragraph 6 after concluding with paragraph 5.

Russia reserves its position on the use of the term ‘cybercrime’ in paragraph 7 of the draft resolution.

Iran requests to keep discussion on Secretariat for convention open

Russian Federation requests consideration of its position on Article 27 regarding extraterritoriality threats

Russia is open to bilateral and multilateral consultations to reach common ground on the Convention text

The United Arab Emirates agrees to leave a paragraph unmodified in discussions regarding unlawful access.

Chair plans to conduct a final reading on Monday morning to review the whole text and pending articles.

The current formulation of Article 14.3 may not adequately criminalize all forms of child sexual exploitation online.

There is a consensus on the need for protective measures for children other than criminalization.

The phrase ‘without right’ in Articles 14 and 16 may imply an entitlement to access or disseminate illegal content.

Article 16.5 should allow for the integration of domestic laws on the criminalization of intimate image dissemination.

Australia is willing to take on the discussion of Article 27 if agreed upon by the Chair.

Australia is ready to continue discussions on Article 36 regarding data protection.

The Secretariat was tasked to find a room for informal discussions to continue.

Rwanda supports the proposed changes except for Article 14 of the UDTC.

Rwanda finds the phrase ‘without right’ in Article 14 problematic and against international law.

Rwanda suggests the deletion of the phrase ‘without right’ to prevent immunity and impunity.

Legislation must align with international human rights standards when safeguarding children online.

Definitions and exceptions must not favor those with illegitimate or malicious intentions.

Iran aligns with the group of countries represented by Syria in opposing specific formulations in Articles 14 and 16.

Iran criticizes Article 14 for making a distinction between real and non-real material in child sexual exploitation cases.

Iran insists on protecting children from all forms of sexual exploitation material without exceptions.

Iran proposes amendments to Article 14, demanding the deletion of some paragraphs and the inclusion of corrective and rehabilitative measures.

Iran criticizes Article 16 for not respecting the domestic laws of many countries and thus supporting the Syrian proposal for change.

The Convention should effectively combat child pornography offences and protect children’s rights in cyberspace.

Pakistan emphasizes the collective interest in the protection of children and finds no exceptions acceptable in this regard.

The current draft of Article 14 contains unacceptable elements, such as the phrase ‘without right’ and the limitation to real child sexual abuse material.

Pakistan disagrees with the exceptions in Article 14 for consensual relationships and keeping obscene material for private use.

Pakistan urges for a redrafting of Article 14 to be in line with international obligations and acceptable to all.

Russian Federation supports the Syrian statement and urges for consensus

Brazil acknowledges the complexities in discussions on Articles 14 and 16, appreciates Vice Chair George’s efforts, and sees progress in bridging diverse perspectives.

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China

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Democratic Republic of the Congo

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Iran

Arguments

Paragraph 7 is unresolved and will be set aside for the time being

Iran requests to keep the discussion on Paragraph 8 open due to internal discussions

Iran requests that the discussion on Paragraph 9 remain open

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Iraq

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Jamaica

Arguments

Inclusion of ‘legal policy’ for consistency

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Mauritania

Arguments

Mauritania supports Syrian Arab Republic’s statement and emphasizes the need to consider the observations on Articles 14 and 16.

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Pakistan

Arguments

Pakistan emphasizes the collective interest in the protection of children and finds no exceptions acceptable

Pakistan is critical of the current draft of Article 14’s restrictive scope and exemptions

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Russian Federation

Arguments