Joint Statement of Knowmad Institut, C4 Recovery Foundation, Misión Sacerdotal, sva. for the 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

Honorable President, Distinguished Members of the Committee, Colleagues, Brothers, and Sisters:

On behalf of the Knowmad Institut, the C4 Recovery Foundation, and the Misión Sacerdotal – sva, we are honored to present this joint statement. Our recommendations carry the voices of the most vulnerable populations and seek to ensure that the Convention balances the fight against cybercrime with the fundamental principles of human rights, international cooperation, and sustainable development.

We believe it is imperative that the Convention centers on human rights and dignity, protecting the right to privacy, freedom of expression, and access to public information. Therefore, we urge the Committee to incorporate explicit references in Article 6 to specific international frameworks, such as the International Covenant on Civil and Political Rights (ICCPR), to ensure that actions against cybercrime align with established human rights standards.

We suggest clarifying the scope of the definition of cybercrimes, specifying that these can be committed by natural persons, legal entities, state and parastatal entities. Furthermore, the inclusion of espionage perpetrated by these entities against activists, journalists, and other civil society actors is essential.

We find the proposal from the Costa Rican delegation to include political crimes to be timely and appropriate.

The Convention must protect the most vulnerable groups, including those affected by political, ethnic, religious, or migratory conflicts, adopting an intersectional and gender-based approach. This inclusivity will promote international cooperation and ensure equitable and non-discriminatory measures.

We highlight the growing concern shared by various sectors of civil society, academia, and industry that the Convention’s approach could be interpreted and used to justify mass surveillance that infringes on fundamental rights to privacy and free movement. This concern is particularly relevant in the Global North, where migrant and displaced populations could be disproportionately affected.

It is crucial to establish clear and strict safeguards to prevent the misuse of these measures against vulnerable groups. Any action taken under this Convention must be carried out with full respect for human rights and fundamental freedoms, in accordance with the principles established in the United Nations Charter.

The rapid evolution of cyberspace requires continuous updates to the Convention. Definitions and measures should be regularly reviewed to avoid ambiguous terms and ensure their clarity and relevance. We recommend rigorous oversight of outsourced espionage and intelligence collection, ensuring the protection of personal and corporate data, which involves the implementation of robust encryption and anonymization protocols.

The Convention should promote educational and awareness programs on information and communication technologies (ICT) security and cybercrime prevention. These programs should inform about the risks associated with the use of ICT and include preventive measures and recommendations across different user development areas. It is essential to have procedures for recovering and preserving information to minimize the impact of any incident, whether in cyberspace or hybrid environments.

Today, July 30th, is the World Day Against Trafficking in Persons, and in this context, it is more than pertinent to emphasize that the protection of children is essential as they represent our present and future. Therefore, incorporating clear definitions in Articles 14, 15, and 16 is crucial to avoid ambiguous interpretations that could result in legal loopholes and ineffective protection for minors. Specifically, the terminology suggested by INTERPOL could be utilized. It is also important to include coordinated support and rehabilitation mechanisms for victims and promote international cooperation for the prevention and prosecution of online child sexual abuse.

Sanctions for cybercrimes must be proportional and effective. Not all cybercrimes have the same impact, so sanctions can range from complementary measures linked to cybersecurity education programs, dissuasive economic penalties for restitution to cybercrime victims, and imprisonment.

We call on the States Parties to, when formulating and implementing measures against cybercrime, maintain a human rights-centered approach, protecting and promoting the dignity of every person. Only then can we collectively build a safe and just digital environment for all.

Honorable President and members of the Ad Hoc Committee, it is in your hands to ensure that the text of the Convention becomes a reliable framework for justice and freedom to prevail in cyberspace. Thank you, Madam Chair.