Ad Hoc Consultation: Wednesday 7th February, Morning session

7 Feb 2024 16:00h - 19:00h

Table of contents

Disclaimer: This is not an official record of the WEF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the WEF YouTube channel.

Full session report

Delegates grapple with balancing cybercrime cooperation and human rights in ICT convention talks

During a critical session of negotiations on a convention aimed at combating the criminal use of information and communications technologies (ICT), delegates from a wide range of countries convened to discuss the draft text. The Chairperson opened the session with an optimistic tone, acknowledging the consensus-building efforts and the inclusive approach taken throughout the negotiation process. The Chair highlighted the extensive collaboration among countries and regional groups, indicating a collective commitment to reaching a balanced agreement.

The discussions centered on pivotal issues, notably the scope of the convention, particularly concerning the exchange of electronic evidence for serious crimes. Delegates debated the necessity of ensuring that the convention's scope was effective for international cooperation against cybercrime without encroaching on activities not universally recognized as criminal.

Human rights safeguards within the convention's articles were another focal point of the debate. While there was unanimous agreement on the importance of human rights, opinions varied on the necessity and extent of safeguards. Delegates from New Zealand and Canada proposed specific language to protect against the suppression of fundamental freedoms and discrimination. These proposals reflected concerns about the potential for misuse of the convention's broad scope and intrusive measures.

Conversely, delegates from countries such as Zimbabwe, Nigeria, and Cuba argued that the convention already included adequate human rights safeguards, particularly in Articles 5 and 24. They viewed additional provisions, such as Article 59.3, as redundant and potentially complicating the convention's implementation. This perspective underscored the challenge of creating a legal instrument that is both effective in its primary objective and respectful of the diverse legal and human rights standards of the participating nations.

The discussion also touched on the potential development of future protocols related to the convention. Some delegates expressed reservations about allocating resources to protocol negotiation rather than focusing on the ratification and implementation of the main convention.

The Chairperson encouraged delegates to present specific proposals and language that could lead to a consensus, signaling a move towards more focused discussions on the text. The Chair's call for candid positions and actionable proposals was met with a range of responses, reflecting the complexity of the issues and the varying national interests and legal traditions represented.

The session exemplified the inherent challenges of multilateral diplomacy, where reconciling divergent views requires both flexibility and a steadfast commitment to core principles. The Chairperson adjourned the meeting with plans to resume later in the day, leaving the door open for further debate and the hope of reaching a unified resolution.

In summary, the session served as a microcosm of the broader challenges faced in international negotiations, where the pursuit of common goals must be balanced against the preservation of national sovereignty and the protection of fundamental rights. The Chairperson's adjournment of the meeting indicated an ongoing process with the potential for continued dialogue and compromise.

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Argentina

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Brazil

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Canada

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Cuba

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Dominican Republic

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Ecuador

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Egypt

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El Salvador

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European Union

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Indonesia

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Iraq

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Islamic Republic of Iran

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Kuwait

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Liechtenstein

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Malaysia

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Mauritania

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Mexico

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Morocco

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New Zealand

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Nigeria

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Norway

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Oman

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Qatar

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Republic of Korea

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Russian Federation

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Secretariat

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Singapore

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Switzerland

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United States

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Uruguay

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Zimbabwe

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