Human Rights Watch (HRW) raised concerns about the draft Cybercrime Treaty of the United Nations over potential human rights violations, as revealed on Tuesday. This draft treaty was unveiled by a United Nations committee on September 1, 2023.
In a joint statement with over 100 global groups, HRW expressed apprehension over the global cybercrime treaty being negotiated at the United Nations. The collective fears that the proposed Cybercrime Convention, set for its final session from January 29 to February 9, 2024, may pose a significant threat to human rights. They advise a narrower focus on combating cybercrime coupled with robust human rights safeguards.
The current draft, as per the organizations, contains expansive criminal provisions, weak human rights safeguards, and excessive trans-border information sharing, potentially facilitating intrusive surveillance. They warn that disregarding these issues could lead to the convention’s rejection.
The groups further urged in their joint statement: “As the UN Ad Hoc Committee convenes its concluding session, we call on state delegations to redouble their efforts to address these critical gaps in the current draft. The final outcome of the treaty negotiation process should only be deemed acceptable if it effectively incorporates strong and meaningful safeguards to protect human rights, legal clarity for fairness and due process, and fosters international cooperation under the rule of law. The proposed Convention must not serve as a validation of intrusion and surveillance practices harmful to human rights.”
In its sixth session, the UN Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purpose convened between August 21 and September 1, 2023, in New York. A draft of the convention demonstrated the amendments proposed by the members.
The draft convention preamble acknowledges the concern over information technologies encouraging criminal activities and advocates for a global approach to fight cybercrime, emphasizing worldwide prosecution, state coordination, victim support, and a commitment to human rights, privacy, and international cooperation.
In the past, HRW denounced Tunisia’s cybercrime decree—Decree-Law No. 2022-54— that was enacted to combat offenses related to information systems. They alleged misuse of the decree and raised concerns about privacy rights.