(18th 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

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

Table of contents

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Full session report

UN Adopts Landmark Convention Against Cybercrime Amid Calls for International Cooperation and Human Rights Protections

The Ad Hoc Committee’s session was a pivotal gathering aimed at addressing the escalating issue of cybercrime through the adoption of the United Nations Convention Against Cybercrime. The session was presided over by a chairperson who addressed the assembly with formal respect, indicative of the session’s high-level diplomatic nature.

Representatives from various countries took the opportunity to express gratitude for the leadership and collaborative efforts that culminated in the compromise text of the convention. Kenya’s statement acknowledged that while not all their negotiation objectives were achieved, the historic adoption of the convention marked a significant milestone. This sentiment was echoed by other nations, including Kazakhstan, Saudi Arabia, and Côte d’Ivoire, who recognized the urgent need for enhanced international cooperation to combat cybercrime and protect human rights, especially those of children in cyberspace.

The session also addressed the voting on specific provisions of the convention, with the Russian Federation delivering a statement that expressed a reserved assessment of the outcome, noting the partial fulfilment of the mandate and failure to reach consensus on some parts. They detailed their reservations about specific provisions and the voting process, indicating that not all aspects were agreeable to every party involved.

Norway, while supporting the adoption of the convention, expressed regret that certain human rights safeguards were not fully included, emphasizing the importance of protecting human rights and fundamental freedoms when combating crimes. This stance reflects Norway’s consistent advocacy for human rights.

The committee acknowledged the contributions of various countries and organizations that supported the process, both organizationally and financially. The UNODC Executive Director and the Director of the Division for Treaty Affairs offered their congratulations and readiness to assist member states in implementing the convention.

The session concluded with the adoption of the convention and the report, with the chair closing the session and wishing everyone safe travels and success in their future endeavours. The chair’s leadership was commended, and the collaborative efforts of all involved were acknowledged as key to the successful negotiation of the text.

Noteworthy observations from the session include the recognition of the importance of a multistakeholder approach, with the chair asking to thank all partners for their expertise and contributions. The process was highlighted as a model for future UN intergovernmental processes due to its transparency, inclusiveness, and efficiency.

In summary, the session was marked by a spirit of cooperation and a shared commitment to creating a robust international legal framework to combat cybercrime. The convention’s adoption signifies a collective resolve to address cyber threats and underscores the enduring power of multilateralism in achieving common goals.

Session transcript

Chair:
Excellencies, dear colleagues, ladies and gentlemen, with a bit more patience we should be finished soon. So we still have a few countries to hear from under items three and four. We’ve got Kenya, the Russian Federation, Kazakhstan, Saudi Arabia, Cote d’Ivoire, Fiji, Nepal, Norway and Bolivia. So let’s start then with Kenya. Kenya, you have the floor.

Kenya:
Madam Chair, we take this opportunity to thank you for the success of this process at which a compromise text was adopted. Many delegations demonstrated excellence, statesmanship in trying to reach a middle ground text. Our delegation too tried to work with everyone even though we did not get everything that we had set out to negotiate. Our case in point is the reservations to articles fourteen, sabbatical one and article sixteen, sabbatical one of the convention. Nonetheless, this is a historic moment and we look forward to the next steps leading to the implementation of this convention. Thank you again, Madam Chair, for your excellent leadership, Vice Chairs, the entire Secretariat. and to all delegations represented in the process, it’s a job well done. Thank you very much.

Chair:
Thank you very much, dear sister. Kazakhstan.

Kazakhstan:
Madam Chair, thank you for giving the floor. On behalf of the delegation of Kazakhstan, I would like to express gratitude to you and your team for the hard work. Despite the disagreements expressed during the work of the ad hoc committee, we completed this difficult journey and I hope for the fruitful cooperation in the future. Thank you, Madam Chair.

Chair:
Thank you. Saudi Arabia.

Saudi Arabia:
Thank you, Madam Chair. Good evening to you all. The delegation of the Kingdom of Saudi Arabia would like to express its appreciation and gratitude to you, Madam Chair, for your relentless efforts and your diplomatic expertise and experience which guided the work of this committee towards realizing these achievements in a short period of time. We also want to thank Algeria for supporting the work of this committee with unique expertise, especially the Chair and Mr. Tahir. And we also thank the members of the Bureau and the Vice Chairs, the Secretariat and all delegates. Madam Chair, this meeting is convening at a time where the world is facing challenges. that require cooperation to be intensified. My country is keen to enhance international cooperation in the field of cybersecurity in order to achieve a safe and reliable cyberspace that empowers all people to thrive. My delegation has participated actively in the work of this committee, and it has explained the viewpoint of my country regarding the topics from the last session, which reflect our national positions and our noble values. This is in line with the United Nations Charter and its principles that depend on respecting the sovereignty of countries and non-interference in their internal efforts. We also work on combating cybercrimes in their different forms, and we emphasize the importance of enhancing cooperation towards wider prospects in order to meet joint interests. Early on, we felt the need to enhance international cooperation to protect children and the youth in cyberspace, and in this vein, in 2020, we launched a global initiative to protect children around the world in cyberspace. And this was through the Global Forum on Cybersecurity, which was held in 2020, coinciding with us hosting the G20 Summit. The Kingdom, in cooperation. with the UN OICT and the ITU worked on a global program to protect children’s safety online and this also contributes towards international efforts aimed at protecting children around the world and to build upon the gains we have made the international forum for cyber security organization has been established in the kingdom and this is a non-profit organization that works on enhancing cyber security on the international level as well as enhancing international cooperation and economic and social development. We have also committed to supporting the Arab Council on Cyber Security which was established by the heads of Arab States under the umbrella of the League of Arab States and its headquarters will be in the city of Riyadh. We will continue our efforts to enhance international cooperation in cyber security and we will continue to work with all states and stakeholders in order to achieve a safe and reliable cyber space that enables and empowers peoples to grow and thrive and once again we congratulate you and your excellent team. Thank you.

Chair:
Thank you to the Kingdom of Saudi Arabia for these kind words.

Côte d’Ivoire:
by a team in the Secretariat and also to all the members of the Bureau of the Ad Hoc Committee as well as to the translators for all of the efforts that they’ve made, but above all, for the success that we’ve had. Dear delegates, hand in hand, we’ve managed to negotiate a text that enjoys consensus that will be submitted to the next General Assembly. It is an important step forward. Thank you to you. 2024 will be an important year in the fight against cybercrime. History will remember this day, that today, all the nations here today, following years of difficult negotiations and compromise between Vienna and New York, managed to adopt an international legal instrument which ensures a balance is struck between the protection and guarantee of fundamental human rights. It also protects children’s rights and above all, it’s an inclusive instrument which allows our prosecutors, law enforcement, to better coordinate, cooperate and better tackle cybercrime. This convention that we adopted today will be a universal one which will strengthen coordination and cooperation between our states. We’re at a crossroads here and it is urgent to now move towards action because as we noted in the preamble of this new convention, the number of victims of cybercrime is increasing and it’s important that justice be served for these victims. Once again, Chair, many congratulations.

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

Fiji:
Mbula Winaka and good afternoon, Chair, distinguished colleagues and dear friends. At the outset, Fiji aligns with the statement by the 14 member states of the Pacific Islands Forum that was delivered yesterday. As this is the last time that we are taking the floor, Chair, Fiji would like to join other delegations in commending the Chair on your decisive and your impactful leadership and to place on record our deepest appreciation to the tireless efforts of your team, the Bureau, the Vice-Chairs, the Secretariat, the Member States, and our multi-stakeholders for this collective win. Thank you very much, and in my indigenous language, binaka waka levu. Chair, when we convened yesterday, you mentioned that we were at a crossroad, and indeed we had a number of options that were available to us which we had explored, and as a result, we secured, under your able leadership, the adoption of our UN Convention Against Cybercrime. Indeed, under your leadership, this also fostered the building and the rebuilding of trust through our collective efforts as we saw yesterday. Chair, Fiji notes that this convention marks a significant step forward. We note that this is not the ultimate solution, rather it is a tool in our toolkit. As a small island developing state, Fiji knows how to work well with what we already have in our toolkit. We know how to be innovative and efficient with the resources at our disposal in spite of compounded crises that we face and are facing, and especially in this digital ecosystem. In this context, Fiji is appreciative of this additional tool that has been secured and the consensus that has been reached to ensure that time is given to member countries to undertake the necessary domestic processes, and emphasizing the need to provide appropriate support to developing countries, including small island developing states like Fiji. And I’d like to thank our partners who have supported us, including in traveling to these sessions. We acknowledge that the focus now, and has been highlighted by member states, is to direct efforts to undertake the domestic processes, to build the necessary capacities amongst our relevant agencies, and to enhance international cooperation in preventing and combating cybercrime. This needs to be prioritized and is crucial. Indeed, our collective efforts have ensured that the United Nations maintains its place as the beating heart of global security in the face of unprecedented technological changes. And therefore, we must ensure that we fiercely safeguard human rights and promote the leadership and meaningful participation of women and marginalized and vulnerable groups in these crucial forums. And you spoke to this earlier, Madam Chair. On a personal note, I am particularly thrilled, and I don’t usually say this, in making my approximately 12,800 kilometers travel back home with an adopted landmark UN treaty against cybercrime in hand. Similarly, two months ago, I made the approximate 16,700 kilometers travel back home to Fiji from Strasbourg when we deposited our instrument of accession to the Budapest Convention. I say this to say that coupled with our regional and domestic initiatives, these efforts, including the work that is being – the important work done by the Ad Hoc Committee, demonstrates the importance and priority that Fiji attaches in fulfilling our global goals. And as always, Madam Chair, Fiji is steadfast in our commitment to collectively work together to continue to deliver meaningful, action-oriented, and tangible progress towards our collective goal of an open, secure, stable, accessible, and peaceful cyberspace. I wish you all safe travels back home, dear friends. And in my indigenous language, niisamwade, farewell, and thank you, and binaka wakalim, for the opportunity, Madam Chair.

Chair:
Thank you. It’s a beautiful language, in any case. And also, perhaps an idea. Perhaps we should all say thank you in our own language the next time – not today, next time. We can move on. We can move to Nepal. One minute, please.

Russian Federation:
Thank you, Chair. Good afternoon, colleagues. First of all, before I read out a statement of the head of the Russian delegation, the special representative of the President of Russia on international cooperation on ICT security, I would like to say a few words. Chair, I would like to express my thanks to Your Excellency Mr Tahar Magdebu and the Secretary of the Ad Hoc Committee for all of the efforts that they’ve undertaken over more than four years and all the efforts they’ve made in order to bring the Ad Hoc Committee to this point where we’ve adopted a convention. The convention is an initiative which my country initiated, Russia initiated, the Russian Federation. If I carry on using this same terminology, you steered the ship of the Ad Hoc Committee through turbulent waters of this controversial process. The crew of this ship were the member states of the UN who had studied at different schools of navigation and therefore tried to steer the ship in different directions, but you successfully guided a shared boat to the port of arrival. Thank you. I’m very grateful also to my colleagues at the Bureau for their, to your colleagues at the Bureau for the excellent cooperation. Thank you very much to the Translation Service in New York and also to Vienna. I would like to thank first and foremost all those countries and those state, UN member states who in 2019 co-sponsored the draft resolution put forward by Russia, which then became resolution 74247. I’d like to thank those UN member states who voted in favor of this draft at the third committee in November 2019 and also in the GA in December of the same year. I would like to thank the UN member states for the fact that the resolution put forward by Russia, which I mean the resolution which then became 75282, was adopted by consensus and this resolution laid the foundations for the modalities of the future work of the Ad Hoc Committee. I would also like to thank some like-minded countries. Dear friends, we didn’t have a single center for decision-making, we in a democratic process shared our views which sometimes were similar but not exactly the same and then we came up with a common position and we tried them together to promote and defend this at the Ad Hoc Committee. Finally I would like to thank all of those UN member states for the cooperation here at the Ad Hoc Committee over more than four years. Sometimes we were opponents but what was important was that we didn’t fight with weapons but with arguments. And we, colleagues, we showed the international community further proof that diplomacy at the UN is still alive and well. So thank you to all colleagues from law enforcement and diplomacy who worked on the adoption of this convention. Now I have the honour to read out a statement from the head of the Russian delegation, Special Representative of the Russian President on International Cooperation on ICT Security, Artur Lukmanov. Distinguished Heads and Members of Delegations, Chair of the Ad Hoc Committee, Members of the Secretariat. As the initiator of UNGA Resolutions 74247 and 75282, which established and defined the modalities for the work of the UN Ad Hoc Committee to elaborate a comprehensive international convention on countering the use of ICTs for criminal purposes, Russia is reserved in its assessment of the results of its work, noting the partial fulfilment of its mandate and the failure to reach consensus. The reason for this is the double standards of some delegations who have put political considerations above international aspirations in the fight against ICT crime. In violation of the agreed objectives, they pursued a moralising approach, supposedly aimed at protecting human rights at the Ad Hoc Committee. Outdated cyber terminology was imposed, thus significantly limiting the scope of future law enforcement cooperation. In the context of an increasingly tense international situation, discussions on the agenda were disrupted and the Ad Hoc Committee turned into a farcical show promoting geopolitical pseudo-modernism. moralistic slogans, and many hours were lost listening to crocodile lamentations about the criminal Zelensky regime. Russia did its best to ensure a future pursuit of joint solutions, but its efforts were undercut by the authorities of the United States, which obstructed our participation in the work of the Ad Hoc Committee in every possible way, through denials and delays in issuing visas to our representatives. In fact, in violation of its obligations, the United States prevented the current and previous heads of the delegation of the Russian Federation to the Ad Hoc Committee – these are Artur Lukmanov and Andrei Krutskikh – from participating in negations in the UN. The Chair and her Secretary found themselves in an extremely difficult situation. They had to work to reach consensus and take into account the whims of states that had become a barrier to efforts to develop new norms of international law in the field of ICT security. The negotiation process, especially during the last year, was interrupted under an artificial time pressure. There was no opportunity to properly develop states’ ideas for the draft convention. The logical result of this activity was articles boldly put to the vote by Iran. We fully share the concerns of the delegation of the Islamic Republic regarding certain provisions of the convention, particularly paragraph 2 of article 6, paragraphs 3 to 4.5 of article 14, as well as article 16. The latter do not fully ensure the protection and safety of children, and they leave loopholes for the commission of illegal acts using ICTs. I would like to ask once again, whose rights are we protecting in this way? those of the criminals or the victims. The draft excluded such key criminalization elements as countering the use of ICTs for terrorist and extremist purposes, the dissemination of Nazi ideology, drug trafficking, incitement of children to suicide and other dangerous crimes. The title and terminology are distorted and contradict the mandate. Critical interdiction mechanisms are not adequately enshrined. There are harmful provisions remain which can be used by unscrupulous states to deny legal assistance. It is to our regret that the draft does not include the article on special investigative techniques from the UN Convention against Transnational Organized Crime. This would have allowed the competent authorities to cooperate swiftly at earlier stages of the fight against crime without bringing the matter to a level of mutual legal assistance procedures. We hope to make active use of here of the 24-7 channel established under the Convention and the provisions on law enforcement cooperation for this purpose. In light of the above, Russia reserves the right to formulate reservations and interpretive statements regarding the adopted document. We appreciate that the Chair and her Secretariat have been able to accomplish a number of long-term objectives. Despite the remaining vulnerabilities in the document, what is important is the very fact that the first global convention on combating information crime has been adopted. Most importantly, the document lays the foundation for a permanent UN platform to establish and strengthen cooperation between law enforcement agencies of participating states to… combat ICT crime, including blocking unlawful content and child pornography. A network of 24-7 contact points is being launched to assist crime prevention and criminal investigation. Mechanisms have been established to share electronic evidence at all stages of the fight against ICT crime. It is important that developing countries seeking digital sovereignty have an alternative to the harmful Council of Europe Convention on Cybercrime, which legitimises the extraterritorial ambitions of a narrow group of states in the field of ICTs. Our Convention creates new norms of international law, aimed at fulfilling the guiding principle of the UN Charter, that is, the principle of sovereign equality of states, through international cooperation in investing in crimes committed with the use of ICTs and providing appropriate technical assistance. Russia, having stood at the origins of the idea of international cooperation in combating the use of ICTs for criminal purposes, is grateful to all delegations that showed a creative approach to participating in this negotiation process. We hope that in further efforts to bring the Convention into force and to implement it, some countries will put aside their political ambitions. They will realise that only equitable, completely depoliticised cooperation between law enforcement and agencies of all countries in the world can ensure effectiveness in countering ICT criminals who exploit the technical vulnerabilities of ICTs, as well as their anonymity and the cross-border nature of them. We call on all states to sign and ratify the Convention without delay after its adoption by the General Assembly. We are ready to work honestly and together. transparently within the framework of the future treaty. We are ready to participate in efforts to improve the implementation mechanisms, including expanding its scope through the development of an additional protocol. The goal is full implementation of UNGA resolutions 74-287 and 75-282. End of quote. Thank you very much.

Chair:
In Russian, thank you very much, Mr. Bukin. You’re an ideal diplomat.

Nepal:
Madam Chair, Nepal extends its deepest gratitude to you for your exceptional leadership and unwavering dedication in guiding the creation of this historic United Nations Convention Against Cybercrime. We hold in high regard your commitment to embracing a diversity of perspectives and fostering a dialogue that has enabled every nation, regardless of size, to contribute meaningfully to this vital endeavor. Your grace, resilience, and hard work have truly inspired us all. Nepal is honored to have participated constructively and in giving our utmost to this collective effort. We firmly believe that this convention will not only amplify the voices of all nations, but also reinforce the principles of multilateralism as we come together to tackle the shared challenges of cybercrime. Like every other member state, Nepal acknowledges that no part of the world, whether large or small, affluent or less privileged, is immune to the far-reaching impacts of cybercrime. While we deeply appreciate this inclusion of robust safeguards and the emphasis on human rights, We equally underscore the importance of technical assistance and capacity building to bridge the cooperation gap and enhance our readiness to combat cybercrime. Mutual respect, support and collaboration are essential as we move forward. In our shared pursuit of a safer and a more peaceful world, Nepal stands fully ready to support and cooperate in the implementation of this Convention. We are all in this together. Thank you.

Norway:
Especially Tahar, all the Vice Chairs, the Secretariat and all delegations for your tireless efforts during this process. And you, Madam Chair, we thank you for your dedication and great leadership which has led us to successfully adoption of a new global Convention against one of the world’s most challenging crime, namely cybercrime. We also thank the multi-stakeholder for being with us through this journey and for their views and recommendations. It is important that the multi-stakeholders keep sharing their knowledge and we very much welcome their contributions to the implementation of this Convention. We regret that we had to proceed with voting on certain provisions and that a number of countries voted against the inclusion of human rights and sufficient safeguards. Protection of human rights and fundamental freedoms when combating crimes is essential for international cooperation. This is something Norway consistently has campaigned and fought for through these negotiations. Despite the fact that not all provisions in this Convention correspond fully with our national priorities, we welcome and support the adoption of the Convention by consensus. Once again, we thank you, Madam Chair, for your great effort and wish you all the best. Tusen takk.

Chair:
Merci, merci. Thank you very much, Bolivia.

Bolivia :
Thank you very much, Chairman. It is an honour to address you at this closing meeting of our Ad Hoc Committee to draft a UN Convention against Cybercrime. Firstly, I wish to say how grateful I am to the Chair of this Committee and to all the members who participated actively throughout the process. Your leadership, dedication and commitment have been key in bringing us to this point in time. In today’s world, technology is advancing at a spiralling pace and we need these technologies to ensure the development of our societies, but we are aware of the new challenges and risks which arise from this progress. Cybercrime is one of the most serious dangers we are facing today. It endangers not just our systems and our data banks, but also individuals, primarily the most vulnerable. I am referring to our children. Technology in the wrong hands can be devastating and it is our responsibility as the international community to ensure that our efforts are up to the task of mitigating and preventing such risks. Bolivia, as a developing country, looks forward to the successful conclusion of this negotiating process. We recognise the importance of having a robust legal framework which will help us effectively to address the cyber threats. we face. This draft not just acknowledges our commitment to combating cybercrime, but it is also our efforts to work multilaterally to address issues which impact all states regardless of their level of development. Finally, we hope that this convention will be ratified promptly by states and will enter into force as soon as possible. We trust that it will become an essential pillar in our efforts to combat cybercrime, protecting our societies, in particular the most vulnerable sectors, and ensure a safer digital environment for everyone. Once again, we’re grateful to everyone for your hard work, commitment, and cooperation. This is a collective achievement, and we should all be proud. Thank you.

Chair:
Thank you, Zimbabwe.

Zimbabwe.:
Thank you, Madam Chair, for the opportunity to thank you and your team for the excellent work done. Madam Chair, Zimbabwe extends a hearty congratulations to you, your team, the Secretariat, the interpreters, and the rest of the members of the Bureau on this landmark achievement towards a common goal of strengthening international cooperation against cybercrime. Zimbabwe is fully aware that without your excellent leadership, which was evident in your commitment, dedication, wisdom, underlined by the principles of transparency, inclusivity, cooperation, and diversity, we would not have made it safely to the harbour, as you said. We will not forget to extend our sincere gratitude to the Government of Algeria and the Algerian people. for seconding a diplomat par excellence who poured herself into this process. Indeed, Madam Chair, you emptied yourself to this assignment, hence the historic achievement that we have arrived at today. Zimbabwe is proud of you, and Africa is proud too. Zimbabwe also acknowledges the tireless efforts of all member states that actively participated throughout this process. It was not an easy task for everyone, and even the outcome is not necessarily what we were all hoping for in some of the contentious provisions, but we understand that multilateralism is about reaching a fair compromise in the quest for a shared common goal. Zimbabwe reserves its right to make the appropriate reservations during the ratification process. However, in essence, we are happy and we are motivated that the common goal of strengthening international cooperation has been adopted, and we welcome this progressive effort. Madam Chair, the real work is ahead of us as we exert our efforts towards ratification and implementation of the principles of this Convention. You can certainly count on Zimbabwe’s support towards enhancing cooperation in the fight against cybercrime. We wish everyone a safe journey back home, and looking forward to cooperating with all of you in the not-so-distant future. I thank you, and in my own language, I’ll say tatenda.

Chair:
Thank you very much, Zambia.

Zambia:
Madam Chair and distinguished delegates, it’s an honor to speak before you today representing Zambia. As we celebrate the successful conclusion of the UN ADO Committee and subsequent adoption of the Convention against Cybercrime, this momentous occasion marks a significant milestone in our collective efforts to combat cybercrime and and enhance global cyber security. The journey to this convention has been one of compromise, consensus, and collaboration, demonstrating our shared commitment to a safer and more secure digital world. Throughout the negotiations, we have reached important points of compromise that reflect our diverse perspectives and priorities. This includes, one, harmonized legal frameworks. The establishment of harmonized legal frameworks that ensure cyber criminals can no longer exploit legal loopholes across borders. This consensus strengthens our collective ability to pursue justice and hold perpetrators accountable, irrespective of where they operate. Second is enhanced international cooperation. The agreement on enhanced international cooperation mechanism, including streamlined extradition process and mutual legal assistance, is a testament to our united front against cybercrime. This cooperation is crucial for swift and effective law enforcement responses. Protection of human rights. The inclusion of robust safeguards to protect human rights and fundamental freedoms, even as we enhance our cybercrime fighting capabilities. This balance ensures that our efforts to secure cyberspace do not infringe upon the rights and privacy of our citizens. Madam Speaker, the fourth one is capacity building and technical assistance. The commitment to capacity building and technical assistance, particularly for developing countries like Zambia, is a significant achievement. This support will empower us with the necessary tools, skills, resources to effectively tackle cybercrime within our borders. For Zambia, this convention is of paramount importance as a country striving for economic growth and digital transformation, ensuring a secure cybercrime environment is critical. This convention provides us with the frameworks to protect our digital infrastructure, businesses and citizens from the ever-evolving threats of cybercrime. As a law enforcement officer myself, and on behalf of my colleagues who are law enforcement officers, I can attest to the significance of this convention in our daily work. It equips us with the legal and operational tools needed to investigate, apprehend and prosecute cybercriminals effectively. It also fosters international collaborations, enabling us to work hand-in-hand with counterparts around the world to dismantle cybercrime networks, organize criminal syndicates and bring these offenders to justice. In this moment of celebration, we must extend our heartfelt gratitude to our partners who have been instrumental in bringing us to this point, to our international allies, development partners and supporting institutions. Your unwavering support, resources and expertise have been invaluable. Your collaboration has not only enabled us to be here, but also fortified our capacity to protect our cyberspace and citizens. In conclusion, Madam Chair, the success adoption of the UN Convention Against Cybercrime is a testament to what we can achieve through collaboration and mutual understanding. It is a beacon of hope for a safer digital future and it reaffirms our commitment to protecting our citizens from the pervasive threat of cybercrime. Thank you all for your dedication, hard work and unwavering commitment to this cause. Together we will continue to build a secure, resilient and inclusive digital world for all. I thank you, Madam.

Chair:
Thank you very much. We are coming to the last speaker, Honduras.

Honduras:
Madam Chairman, on behalf of my delegation, I would like to thank you. You are a very skilled representative of diplomacy. We thank you for your leadership and your skills as a female diplomat over the past session, over the past two years. We thank your team, the secretariat, the interpreters, and all colleagues who have worked on this matter. Today, as the Ad Hoc Committee, we are concluding successfully. We’re pleased with the results we’ve achieved, despite the fact that others may feel somewhat dissatisfied with the results. We understand this. They’re exercising their sovereign rights not to be satisfied, but this result is the process of lengthening negotiations, and I think that’s a positive element. This is how we bolster multilateralism, international legal frameworks, and to have safer societies. We hope that after the necessary processes, which are equally important, the convention will enter into force very soon. Thank you very much, Madam Chairman.

Chair:
Thank you very much. We have gone through the list of speakers on Agenda Items 3 and 4 of our agenda. I would like to right a wrong, a somewhat unforgivable wrong, and that is I would like to thank Mexico. I just remembered a few moments ago that it’s thanks to Mexico that we are meeting here in New York for the resumed session. Mexico submitted the resolution to the General Assembly, which was then adopted, so thank you, Mexico. I would ask you as well. to thank all of the multi-stakeholders, our various partners because they truly helped us find the right words and also to avoid the pitfalls at times because they have the expertise and that was very important. I know that many of you were not in favor of adopting the Convention but I think over time, ultimately, you will agree that this universal document really is necessary. And finally, I do not want to forget to thank the Secretariat, Ms. Radha Wali, the Director of UNODC. Like me, she’s an African woman, a Mediterranean and Arab Muslim woman, a fighter, it’s a lot of things for a single woman to be but that enabled us to stand strong against the wind. Thank you for assisting me in this process. She supported me and often sent me kind words of encouragement. So with Ms. Radha Wali, we have Mr. John Brandolino, the other Director who is very dear to me, who is combating crime and we’ve added cybercrime to his list. Thank you, John. And Loide Ayeye, my dear sister from Africa. Delphine Chant, Shahong Lee. Thank you, Shahong. She was one of the most committed people. Shafik Korachini, Gilberto Duarte, Marcus Stemmeseder, Agustino Dias Reynes, Zoka Williams, Baba Arumkofi, Louise Tripon, Charles Neffulda, Mara Gilmour and all of the departments here in New York working for the DGACM. and the communications team as well, of course, are kind interpreters without whom we really could not understand each other. Thank you very much. Please, applause for the secretariat. Thank you. Thank you very much. With that, we are concluding with agenda items three and four on the agenda. We will move immediately to agenda item five, other matters. Earlier before the lunch break, we heard our colleague, Claudio Peguero Castillo, bring us up to date on the progress achieved by the language consistency group. He needs approval by the committee in order to continue with the work through the 16th of August. That needs to be done formally. We have to gavel that in and say that we’re all in agreement. Is there any objection to the consistency group continuing with its work? No? I see no objection. Approved. Adopted. Item six. I’m sorry. Are there any other requests for the floor under agenda item five, other matters, any other business? No? Very well. Thank you very much. So we have now exhausted our work on agenda item five. Agenda item six, adoption of the report. Dear colleagues, excellencies, ladies and gentlemen, as you know the report of this session will contain a draft resolution to be submitted to the General Assembly. to which the draft convention will be annexed. Yesterday, the committee approved these two documents. Meanwhile, the committee has also agreed to annex the interpretive notes on specific articles of the draft convention to the report of this session. What therefore remains to be done is the adoption of the report of this session. At this time, I would like to thank Mr. Haraditya Suryawanto, Councillor at the Permanent Mission of Indonesia to the UN in Vienna, for his work as rapporteur. And I welcome him at the podium to present the report to the Ad Hoc Committee. Our joint report is a very important one. It is a report that is very important for all members of the committee. Dear rapporteur, you have the floor. That’s the thing. Which statement? There is no statement. The piece of paper. No more statements. OK. We’ll go ahead, Mr. rapporteur, to introduce your report. Thank you.

Rapporteur:
Thank you, Madam Chair, distinguished delegates. I have the honor to present the draft report of the reconvene concluding session of the ad hoc committee to elaborate comprehensive international convention in countering the use of information and communication technologies for criminal purposes, contained in document A slash AC.291 slash L14. and Agenda 1 and 2. Please note that pursuant to the practice of the General Assembly and the practice of this Committee, the report of this session is a procedural report. It does not contain a substantive summary of deliberations but rather reflects the process of our meeting, the decisions, and recommendations made by the Committee. In addition, please note that we have reflected the names of countries having made interventions under each relevant agenda item. So if delegates think that their countries’ names were missed under the respective agenda item, please inform the Secretariat via email at cybercrimeaic.un.org. The Secretariat will check and make the changes post-session if an omission exists. With your permission, Madam Chair, I would now like to introduce the draft report containing document A.AC.291.L14 and Agenda 1 and 2, which contain the following. Section 1 of the draft report contains information on the opening of the session, attendance, and documentation of the Ad Hoc Committee. Section 2 contains information on the organization of work. Section 3 contains information on Agenda Item 3, entitled Revised Draft Texts of the Convention, as discussed from the first meeting of the Ad Hoc Committee until our 16th meeting yesterday afternoon on August 2024. And Section 4 contains information on Agenda Item 4, entitled Draft General Assembly Resolution, which was discussed at the 9th, 10th, and 16th meeting of the session of the Ad Hoc Committee. In addition, the records of the voting conducted during the 16th meeting of the concluding session of this Ad Hoc Committee held yesterday, the list of countries which made explanation of position after the approval. of the Draft Convention and the Draft General Assembly Resolution as well as the information of the Committee’s 18th and 19th meeting of the reconvene concluding session held today, including the agenda items on any other business. The adoption of the report and the closure of the session will be prepared by myself in coordination with the Secretariat post-session, including in the final report. The final report will be submitted to the General Assembly for its consideration and adoption, and as Madam Chair mentioned, it will contain the Draft Resolution document symbol A-AC.291-L16, to which the Draft Convention document symbol A-AC.291-L15 will be annexed. In addition, the interpretative notes document symbol A-AC.291-27-Ref1 will be annexed to the report. I would like to kindly invite delegates to submit any editorial correction to the Secretariat in writing via email to cybercrimeahc.un.org. So with that, Madam Chair, I commend this draft report to the Ad Hoc Committee for its adoption. Thank you.

Chair:
Thank you very much, Rapporteur Mr. Suryawanto, from Indonesia, for the hard work that you’ve done. Dear delegates, you have before you the draft report contained in document A-AC.291-L14 and its addenda 1 and 2. You’ll remember that yesterday our dear Secretary, Ms. Lodi, read out a long statement on the potential programme budget implications. questions asked for that to be read out again. As this declaration has actually been published or posted on the website of the committee, could I then take it that we can now all read it for ourselves, it’s available, so then we don’t have to spend several minutes listening to the PBI’s again. Would the committee accept that we don’t re-read the statement that our secretary read out yesterday? Or would delegations insist, are you insisting on reading out? No. Great, thank you very much. It’s available in any case on the website. So, before we proceed with the adoption of the report, I will invite delegations who wish to make any drafting observations, to not make this now, make them now orally, but to communicate them to the Secretariat to the address in writing via email cybercrimeahc.un.org. Thank you very much in advance. We will now consider each part of the report for adoption. After which, I will invite the committee to adopt the report as a whole. We will now see document A, slash, AC291, slash, L14. Would any delegations like to take the floor? Apart from Iran, we have Iran, anyone else? So, Iran, you have the floor.

Iran:
Thank you, Madam Chair. First of all, once again, I would like to thank you, Madam Chair. especially for your leadership and your guidance and in a manner you guide us yesterday, yesterday’s afternoon. And our success also is because of your wisdom, patience, and your expertise. Also, I would like to thank my colleague, dear friend, Tahir, during at least more than one year I worked with him in Vienna for kind help and cooperation during the long process. I would like to thank Tahir. And also I would like to thank the Secretariat, Mr. Brandolino, if I pronounce correctly, Lloyde and her team, UNODC team, I would like to thank them. Every time I ask a question or request, they respond to me by a beautiful smile and in a cooperative manner. And also I would like to thank my friend, Edith, for preparing these reports. Madam Chair, first of all, I would like to ask how we would go forward on the reports. Because on L14A slash Addendum 1, my proposal is to go paragraph by paragraph.

Chair:
Apologies, Iran. I’m sorry. We haven’t yet got to Addendum 1. We’re at L14 still. When we get to Addendum 1, then I’ll give you the floor. Thank you. Are there any delegations who wish to speak to L14? No? Seeing none, thank you very much. Sir. We have adopted L14. Moving on now. Document A slash AC dot 291 slash L14 slash add 1. Are there any delegations who wish to take the floor? Iran.

Iran:
Thank you, Madam Chair. Sorry for my great mistake. Sorry for that. And, Madam Chair, my proposal is to, because it is a substantive report, it is not procedural report. My understanding, if you allow room to maybe go paragraph by paragraph or you can start, of course, my advice is to start from 14, if it’s possible. And if it’s not, I would like to raise our comments and statements paragraph by paragraph on 14 and 16 and some questions we have. We are in your hand and your guidance. Please let us know how we can make our statements. Thank you.

Chair:
I must be tired because I don’t quite see any substantive aspect of this add 1 document. It seems only procedural to me. But would any delegations like to make any comments before paragraph 14? Iran, which paragraph did you want to look at again?

Iran:
Thank you, Madam Chair. 14 mentioned the Iran.

Chair:
Hang on, sorry, one second. We’ll first ask if any delegations have comments to make on the paragraphs before paragraph 14. Seeing none, in that case I’ll give you the floor once again, Iran, to speak about paragraph 14.

Iran:
Thank you Madam Chair. On article, on paragraph 15, mentioned that the Iran made a statement registering delegations objection. Only I wanted, it’s not my, only I want to remind the secretariat to that because our colleague distinguished delegations of Congo is not in the room but as I know it is a factual that also the Congo made call for vote on article 14, I think paragraph 3. Only I wanted to remind you that’s not only Iran but we are in your hand and if our sister country Congo wants to put it on the vote, we, it is our pleasure. And second issue, Madam Chair, on article 16. On article 16, our first question is that why the record of votes have not yet been included, have not yet been included in draft report. We, our request is to include those articles which approved by votes. It is a factual, it is a factual, it is very important which articles approved by votes and if you allow me and also I have some comments on paragraph 17 but I I think it’s better to resolve first 16 and coming back to 17

Chair:
thank you very much thank you very much to the signature of Iran at this quite late stage in our work I would invite all delegations to perhaps avoid raising questions that are technical questions or simply procedural ones there’s no substantive change here so I’ll give the floor to mr. John Bondolino to provide some administrative aspects to respond to your question

Director:
thank you madam chair to 2.1 of the Iranian delegation we will in fact include the fact that the the DRC had requested a vote on one of the paragraphs so that was omitted thank you for pointing that out we will we include that in there on your second point the reason why we didn’t include the votes to be translated was because the translators had a limit that that would allow them to translate the document on time so that we would get it this morning so if we added all those the voting information we would we wouldn’t have gotten the document on time so we are just putting a marker in there and letting delegates know that we will in fact later put in all the voting information it will be reflected in there but we just didn’t we could not put it in because of the timing of the translation thank you madam chair I hope that answers the question.

Chair:
Merci thank you very much for that explanation the majority of us took a photo of the results of the vote actually so you’ll be able to compare that with what we published later paragraph 17 you said Iran that you had something to ask about that

Iran:
Thank you, Madam Chair. Thank you, John, for your explanations. Our understanding is that, inshallah, we will have those articles which have been adopted by vote in this report because it’s very important. And on paragraph 17, first of all, it is confusing. My proposal is to take out with a vote. The draft convention, the committee adopted the draft convention because it makes it confusing that those articles which are approved by vote…

Chair:
Pardon, Iran, pardon. Apologies, Iran. Egypt has a point of order, I believe.

Egypt:
Thank you, Madam Chair. And before moving to paragraph 17, I just seek a clarification regarding the so-called post-session report. Is it different from the report to be introduced to the General Assembly for consideration? And I think, Madam Chair, it is important as mentioned by the distinguished delegate of Iran to refer ad verbatim to at least the paragraphs that were put on vote. I’m not asking, bearing in mind what has been mentioned by the Secretariat, that for the time being it would be difficult for the interpreters or the translators to make a translation for each voting, but at least the reference to the exact or the specific provisions that were put on vote, it has to be reflected in this report. before Paragraph 16. I thank you, Madam Chair.

Chair:
Merci. Thank you very much. I’ll give the floor to Mr. John Bondolino.

Director:
Thank you, Madam Chair. Just to reassure the distinguished delegate of Egypt that we will, in fact, in Paragraph 16, reflect what was voted on in the results of the voting. That will be included. And the report that will go to the General Assembly will be the same exact report that you see here. The only changes are, it will be identical, is that we didn’t get to include that information on the voting, so that will be included. We circulated last night the results of the voting, so everybody has it, they know what the results are. Those will be reflected. And then we didn’t get, because of timing, we obviously weren’t able to translate and write up what was done today, which was basically just statements. And so that, those, and it’ll just be a procedural report, so it’ll just be listing who made statements, and that will be added to the report. So other than that, what you see is what you get. And that will be distributed, that will be introduced to the General Assembly. Thank you.

Chair:
Is Egypt satisfied with that response? Egypt, you have the floor.

Egypt:
Thank you, Madam Chair, and thanks to Mr. Brandolino for his clarification, and we are satisfied with this clarification that the voting itself will be in the report that will be considered by the General Assembly. Highly appreciated. Thank you.

Chair:
Oui, je vous confirme. Yes, confirmed. Thank you very much, Egypt. Iran, I’ll give you the floor once again to speak about paragraph 17, unless any other delegates wish to comment on 16? No, okay. Iran.

Iran:
So, Madam Chair, on paragraph 17, you know, there is a confusing paragraph because mentioned with the vote maybe in the future makes this interpretation that this convention, all provisions have been approved by vote, by consensus. And because of that, I would like to ask to take out a vote in the paragraph. And secondly, Madam Chair, yesterday, before gaveling the draft convention, before adoptions, my delegation made a statement, a short statement, if you remember of that, from the legal point of view is very important. And I would like to ask this sentence be added to paragraph 17. Of course, the place we are in your hand, the place on Secretariat. Our proposal is that the representative of Islamic Republic of Iran delivered a statement before the adoption of the draft convention, because it is a matter of fact, and I would appreciate it because of the content of the short statement from the legal point of view is very important for the future, inshallah, for when Iran ratified this convention, it is very important for our agencies. Thank you very much. And shukran jazila.

Chair:
Merci beaucoup. Thank you. Would you prefer us to delete without a vote and put by consensus in? Yes. Okay. Any objection to replacing without a vote with by consensus? No? I’m sorry to take floor again.

Iran:
I hope you, I mean, room hears my ugly voice and not to hear again my ugly voice on that issue. My proposal is to take out with the vote and is to put it in silent, not to make it approved by consensus or by vote. It is silent on that issue that the future generation will look, at least to make a job for the future generation to look at the history of adoption of this convention. Thank you.

Chair:
No. Distinguished Delegate from Iran, I know through experience when a delegation starts by saying that I’m sorry, there’s a bit of confusion, it’s them that introduces the confusion or try to confuse things. So let’s stay calm, we’ll conclude this process. In paragraph 16, we talk about a vote. We say that votes were held. Once we’ve gone through all the votes and all the requests for mention were rejected, the text was adopted without a vote then. So as you wish, because it’s Iran that said, I said yesterday, that there is no consensus, right? So after the vote, we said if there is no motion or adoption of a new motion or a revision, then the decision is adopted without a vote. That’s the rule in place. So, once a delegation says that there’s no consensus and once they propose these amendments and once these amendments are rejected, we then consider that the text was adopted without a vote. Now, in terms of the second part of your intervention, regarding the addition of a sentence, which is purely technical from my point of view, but I’m obliged to ask the view of the committee on this, does the committee accept the request of Iran to add a brief sentence, purely procedural one, that refers to its statement before the vote? That’s what the request is. It’s not the declaration itself, the statement itself that’s going to be included in the paragraph, but just point out that Iran made a statement before the vote. Can we accept that in the room? No request for the floor. Objections? Great. Thank you very much. John is very vigilant. He says you have to gavel it. I’m not violent. I’m not a violent person. That’s the problem. So, back to the adoption procedure. We have gone through A-AC291-L14-Add1. Can the committee adopt it? Yes. Adopted. Now, we’re going to move on to document A-AC291-L14-Add2. A-AC291-L14-Add2. Are there any delegations who wish to take the floor? No? Very well, we have now finished the review reviewing the report as contained in document A slash AC dot 291 slash L14 slash add 2. Bearing in mind that the voting records list of delegations who made explanations of position and the proceeding of the current meeting will be included in the report after the session by the rapporteur may I take it then that the ad hoc committee wishes to adopt report of its reconvened concluding session as a whole I see no objections it is thank you it’s adopted yeah nope great let’s move on to agenda item 7 closure of the session as usual you know I don’t like long speeches long words of thanks so I think that we have thanked each other and congratulated in each other enough so without further ado I would draw delegates attention to the screen for a video statement of Ms. Ghada Wali executive director of the UN Office on Drugs and Crime

UNODC:
Representatives congratulations to each and every one of you through your dedication and through the efforts of the chair and bureau of the ad hoc committee we have reached a milestone in the global fight against cybercrime your success is proof that the power of multilateralism still endures and your historic agreement has come at the right time technology is transformative and is building remarkable bridges across borders and barriers and opening new pathways for humanity. But cybercriminals are misusing those advances, and cybercrime is becoming more pervasive and destructive every day. In this age of artificial intelligence, blockchain encryption, and digitized services, cybercrime is finding new spaces to exploit. It is giving rise to new forms of crime, amplifying traditional forms of crime, and disrupting economies and industries. It is targeting the most vulnerable and undermining the sustainable development goals. It is eroding trust in our digital infrastructure, our institutions, and in each other. And it is moving across jurisdictions like never before. The need for cooperation and action has never been greater. That is why the new International Convention on Cybercrime is a landmark step. The new convention is a basis for more effective criminal laws and procedures, as well as stronger international cooperation. It will also provide a roadmap for preventive measures and technical assistance. The UN Office on Drugs and Crime is ready to work with countries and partners to put this important convention into action. By safeguarding digital spaces, we can build a safer world for all.

Chair:
Thank you very much to the Executive Director of the UNODC for that important statement. I thank her very much for her readiness to provide assistance to all countries that have made such requests. Thank you very much. I would now like to give the floor to Mr. John Brandolino, Director of the Division for Treaty Affairs of the UN Office on Drugs and Crime. And now he has in hand a new instrument to take care of. John, you have the floor.

Director:
Thank you, Madam Chair. I’d just like to make a few remarks. On behalf of the UNODC team, I would like to reiterate the words of the Executive Director and express our hearty congratulations on your landmark accomplishment this week. A number of you in the room probably were not around when four years ago, as we just started this process, when there was a void left in who would lead the process at the time, the Member States asked me to be what they called a facilitator. And I basically sat up on the podium without any chair and helped the Member States to guide them to the organizational session. And at that time, we had just come off very uncertain discussions at the third committee on this convention and whether we would start a negotiation process. There was still an air of uncertainty after the adoption of Resolution 74-247 as to whether the process would be a needed process. And it became clear as we started discussions, even on procedural issues, that there were a lot of divergences in opinion and that there was a lot of complex issues that really needed to be resolved. And I will say, as I sat there on the podium, and mind you, with a straight face, I never thought we would get to the day where we are today. And today, you have demonstrated that multilateral cooperation and hard work can bridge divides and help the world find common good. We do owe a debt of gratitude to the chair. Mubarki and her great advisor Tahar Mokhtab, I call them the dynamic duo, for steering the committee throughout the process towards consensus. Despite all the challenges, and there were many, they succeeded in fostering trust and a common understanding on the most pressing, complex issues of cybercrime. I know I speak for everyone on the UN team when I say it has been an absolute pleasure working with you and supporting you. And of course, it was the expertise and the goodwill of all of you sitting in the room that led us to this agreement. This is the first global UN criminal justice convention in more than 20 years, following the path opened by the Convention on Corruption and the Transnational Organized Crime Convention and the three drug conventions. And what you’ve crafted is nothing less than groundbreaking. It will make an immense contribution to countering the most imprevalent forms of cybercrime, which have been on a relentless rise for years. It will enhance the investigation of crime worldwide by facilitating the exchange of evidence in electronic form, now indispensable to any criminal proceedings. And of course, with the provisions on preventive measures, technical assistance and human rights, this convention reflects the international community’s ability to respond to evolving challenges, its unity in the fight against crime, and its commitment to the rule of law. Furthermore, the process you have designed to create this instrument is unprecedented in many ways. Its hybrid component enabled technical experts from around the world to engage. The participation of a wide range of stakeholders has demonstrated how we can all benefit from their insights, proving them important partners. We’ve heard from an overwhelming number of participating stakeholders that they found this committee’s process to be a model for future UN undergovernmental processes, and in fact, Some other committees in the General Assembly are using our model as their model. Negotiating this convention brought together 151 member states, two non-member observer states, and 116 stakeholders from international organizations, civil society, academia, and the private sector. The highest number of participants was recorded in the first session with 1,405 delegates, of whom 1,107 represented member states and 298 represented multi-stakeholders. Up until the sixth session, 47% of the delegates followed the negotiations online. On average, approximately 43% of the participants identified as female. These numbers demonstrate that the process is unparalleled in terms of transparency, inclusiveness, and efficiency. It will most certainly serve as a benchmark for other intergovernmental processes. We’d like to express our deep gratitude to all the member states that allowed the contributions of the regular budget to the United Nations to help make this possible. Also, we’re very grateful to Austria, the Russian Federation, France, the United Kingdom, and the United States for having allowed us to do more by funding 122 delegates from 71 countries through their voluntary contributions to attend our sessions. And we’re also grateful to China and the United States for funding organizational components of the sixth session and of this concluding session. We wouldn’t have been able to do what we’ve done without their contributions. On behalf of the team of the HADNOC Committee Secretariat and UNODC as a whole, I can say that we will look back fondly to these discussions. We already look forward to servicing the upcoming meetings of the committee to prepare for the rules of procedure and discuss the new protocol. I’m not kidding, we are looking forward to it. And, of course, eventually the meetings of a conference of the states’ parties once the convention has entered into force. We stand ready to assist member states in facilitating the ratification and implementation of this convention through advisory and capacity-building support, an area which we already have rich expertise through our global program on cybercrime, and we’ll be reaching out to you to give you more information on that at some point. Finally, I would like to commend the countless individuals from the UN who work tirelessly behind the scenes. You saw us up at the podium, but there were so many behind the scenes helping to make this happen. DGACM here in New York, OICT, that’s the information services here in New York, the Conference Management Service and ITS in Vienna, the Office of the Legal Advisor, the Budget Office, and of course the team, this great team here that you’ve seen from all over the world, from every single region in the world, this great UNODC ad hoc secretariat team that I have to say is the most impressive team, hardworking team that I’ve seen. So we’re honored to have served this unique process that took place in venues on two continents, and we look forward to continue working with member states in shaping mechanisms and practices that will contribute to the prevention and the countering of cybercrime. Congratulations once more, and thank you, Madam Chair.

Chair:
Thank you very much, Director. Thank you for your support throughout the entire process. I have witnessed your commitment and your professionalism, outstanding professionalism, not just yours personally, but the professionalism of your entire team and your commitment and the considerable respect you showed to me and my colleague Tara Mabdib, the Minister and Counselor of Algeria and Vienna. At each stage we could see how committed you were to your work in order to benefit our countries. You always displayed neutrality and commitment. I wish everyone safe travels. For those of you who are staying in New York, best of luck with your ongoing activities at the UN. Safe travels to those of you who are going home. And I wish the incoming chair of the Ad Hoc Committee a great deal of courage. So good evening. Get home safely. The closing session of this resumed meeting is brought to an end, closed. Thank you.

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