Third intersessional consultation UN Adhoc Committee, Vienna (Austria):3rd Nov. 202 -Dr. Ashok Yende

Third intersessional consultation UN Adhoc Committee, Vienna (Austria):3rd Nov. 202 -Dr. Ashok Yende

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[Music] friends under our YouTube channel borderless  Life Education today we are going to discuss   about a very important International Organization  called as United Nations United Nations is a   International Organization established in 1945  after the consequences of Second World War II   and you must be aware that so many millions  of the peoples were killed so much of the   disaster was there so many evil consequences  happened and so to avoid all these things this   organization was established called as United  Nations to supersede the earlier organization   called as League of Nations because League  of nation was very weak and ineffective   and this organization United Nations is  being run on the basis of the purposes and   the principles which have been laid  down in its founding chart chapter   like every country has any Democratic country  in the world has got its own assembly on the   parliament similarly this is a we can say this is  a world world Assembly of the world Parliament as   the case may be now Chief Executive Officer of  this United Nations is Secretary General foreign has actually expired but he has been reappointed  from 1st of January 2022. and he was the prime   minister of Portugal from 1995 to 2002. he has  also been president of the Socialist International   1919 1999 to 2002. he has also been United Nations  High Commissioner to refugees from 2005 to 2015.  

so friends this important organization United  Nations runs a conducts his business through   various organs and there are mainly six orgas the  first important organ is general assembly it is   like again Parliament offer any Democratic country  my general assembly is the main deliberative   policy making and representative organ of the  United Nations all 193 member states of the United   Nations are represented in the general assembly  making it the only human body with universal   representation each year in September a full un  membership meets in general assembly all in the   New York because the headquarter is at mirror or  the annual General Assembly session where there is   a general debate which may the heads of the state  participate and they address assembly decisions on   important questions such as those maintaining the  peace and security admission of the new members   new member states budgetary matters require all  these things require of course to the majority   now decisions on any other questions are by  simple majority the general assembly each year   election General Assembly president to serve  for one year term another important organ of   the United Nations is called security concept now  the security Council has primary responsibility   under the even Charter for the maintenance of  International Peace and security it has 15 members   five members are permanent and 10 members are not  permanent they are called in non-permanent members   fortunately India is also one of the non-permanent  member each member has one vote under the charter   all member states are obliged to comply with  his Council decisions the security Council   takes the lead in determining the existence of  a threat to the peace or act of aggression it   calls upon the parties to the dispute to  settle it by peaceful means and measures   and recommends the methods of adjustment on  the terms of the settlement in some cases the   security Council can resort to imposing sanctions  and even authorize the use of force to maintain   other store International Peace and security but  it becomes difficult because the international law   is not so effective or may not be enforceable  enforceable so everything depends on Wheel of   that nation and many times the developed and the  Very powerful country they may not even listen   to the decision taken in the security councils  that is one of the shortcomings but now it is   many countries are respecting the distance of  the security Council and third important organ   is the economic and social policy the economic  and social council is the principal body for   coordination policy review policy dialogue  and recommendations on economic social and   environmental issues as well as implementation of  international aggregate developmental goals which   serves as the central mechanism for activities  of the UN system and specialized agencies in the   economy make social and environmental field  supervising subsidiary and expert bodies   it is the United Nations Central platform for  reflection debate and Innovative thinking on   sustainable development because that is also one  of the important agenda of the United Nations   sustainable development the fourth important  organ is the Thirsty council is just Council was   established in 1945 by the UN Charter to provide  International supervisor for 11 Prosperity they   are called first treatment that had been placed  under the administration of several member   states and to ensure that adequate states were  taken to prepare the terrorists for territories   for the sales government sales government and  independence by 1994 all trust territories had   certain government or Independence The Prostitute  Council suspended operation on first November   1994 by resolution adopted on 25th and 1994 the  council amended its use of procedure to drop the   obligation to meet annually and agree to meet  as oxygen required by decision or the decision   of its decision at the request of the majority of  the member states or the general assembly or the   security Council another important organ of the  United Nations is international court of justice   so this is a Judicial organ the international  court of justice is the principal judicial   organ of the United Nations it meets and its men  a headquarter and the seat is at the Netherland it   is the only one of the six principal organ of the  United Nations not located in New York others all   other organs are located in your the course role  is to settle in accordance with international law   international treaties legal disputes submitted to  it by member states and to give advisory opinion   on legal questions refer to it by the authorized  United Nations organs and specialized agencies   the international court of justice functions in  accordance with his statute there is a statute   is there and according to that statute that  particular Port functions uh while deciding   the matters and particularly while certainly  settling the matters the sixth importer all is   the secretary the Secretary comprises of course  the staff and all these things particularly the   Secretary General who is I told you these Chief  Executive Officer of the United Nations Secretary   General and thousands of the international un  staff who carry out day-to-day work of the Union   United Nations is very appreciated and the nicest  other principle bodies in coordinate the Secretary   General is Chief administrator officer appointed  by the general assembly on the recommendation of   the security Council for a term of five years of  course it can be reappointed and appointment can   be renewed just like I mentioned in the current  Secretary General the Secretary General is also   a symbol of the auditions ideas and advocate for  all the words because globally is still poor and   the whole neighbor so he is the protector of  the poor and the whole neighbor particularly Duty stations may not be all the new  or various there are four headquarters   um in various countries so they can work various  countries and duties can be adopted like that on   the peace making missions and objectives of the  United Nations so I'm specifically mentioning   about the adult Committee of the appointed by  the general assembly on comprehensive internal   connection countering the use of information  and Communications technology for criminal   purposes this is according to paragraph two of  the resolution 1747 by the general assembly now   this General Assembly decided to constitute Ado  committee to encourage the chair and generatively   increase the chair further to host a consultations  they are called the intercessional consultations   to solicit inputs from the diverse range of  stakeholders on the elaboration of the dark   convention so before drafting a convention General  Assembly directed advoc committee chairman and the   members that they should hold a consultations with  the Nations member states and also intercessional   consultation with the representative of the  Committees along with the accurate ngos or   voluntary organizations recognized by the United  Nations now this third intercessional consultation   was held on third and 4th November 2022 at  United Nations Headquarters in here in Austria   fortunately I was fortunate to be one of the other  member and one of that consultation now there were   four panels the first panel regarding the topic  was a balance act she wanted considerations   including all the chapters on General opulence  criminalization and procedural measures and law   enforcement of the adaptation on countering the  use of information and Communications technology   profitable purposes so this was the first panel  and these four panelists were there first was   cyber Services electronic Foundation global  vision India Foundation Office of the admissions   High Commissioner on human rights so I represented  and deliberated research now the second panel the   people renewed opportunities the drug addiction  technology of criminal purposes to further the   protection of children now here again a few  uh some of them is impact impact International   second was Office of the special representative  of the Secretary of ambulance against children a discussion on terminology other aspects of the  chapter General project these are the topic and   participating organizations where International  Chamber of Commerce United Kingdom International   television the topic the fourth panel was a  concerted effort the role of the price sector   in the fight against the use of information and  communication technology for critical projects   in the contest of The Cutting of the chapters  on criminalization and procedural religious   and law enforcement so this was regarding  procedural enforcement and law enforcement   and the participant organizations where Google on  behalf of international Chamber of Commerce United   Kingdom is stood for security and Technology  then Interpol microscope then private SAS   it was really a very wonderful and enriching  and exciting experience to participate in this   panel one at 12 of these countries and voluntary  organizations and respond to their queries the   queries were very critical and very intelligent  but I could try my best to answer the queries   from the various participants from various  countries and the top of my disparation that   is a balancing act human reconstructions in the  updating of the chapters on Dental provisions   criminalization and procedural measures and the  law enforcement of the convention on countering   the use of information and communication  Technologies for criminal purposes   so like my this uh a short video about which  I am going to picture you can listen to it hello online yes yes I am online please you you have the floor right I recall  you that you have 10 minutes no more yes ma'am   yes thank you thank you very much thank  you esteem German fellow participants   learning panel members of this third  intercessional conservation of the adult committee   to elaborate a comprehensive International  Convention on countering the use of information   and communication techniques for criminal  purposes I am Dr ashugande from Global region   India Foundation India friends no doubt cyber  crime called significant harm two developing   countries societies and economies it's a serious  concern to countries at all levels of developments   while around 160 countries have enacted cyber  crime legislation with different patterns of   course with varies with the region according  to the culture and the background the evolving   cybercrime landscape and its extension to criminal  activities especially for cross-border enforcement   is a serious Challenge and that's why we are  here to discuss the issue I understand there are   Global challenges in terms of the infirmity and  jurisdictional issues cultural issues ETC fresh   lack of consensus amongst your member states lead  to various intercessional consultations and adult   committees meetings and now we are here for this  third intercessional consultation and you may be   aware about this earlier discussions or may be  part of the earlier discussions thanks to the   United Nations General Assembly after years of  discussions for beginning this negotiation for   proposed cybercratity or convention that has a  potential to restructure cyber frame policies   on a global scale with serious implications  for human rights and right to privacy   just as cyber crime is borderless impact of cyber  crime on the security of the state vulnerable and   marginalized groups is very important and  many angels are concerned about this impact   on the vulnerable and marginal groups in the  whole country we feel intersectional and human   first approach is centered to the antisable  crime from policy making to implementation   fundamental rights should be any law whether  nationally or globally is always made for   human rights of the people similarly at the core  of the lion policy decisions of the United Nations   system human rights together with peace security  and development are of Paramount importance and   their intellect then in all the conventions of  the United Nations you will find the importance   is given to the human rights of the people we feel  that bridges of the proposed conventions should   ensure that there should not be any interface with  the right to Human Rights or the right to privacy   the provisions and the proposed treaty should  be consistent with the international conventions   already adopted by United Nations and activated by  the state otherwise it will be self-continentary   because many combinations have been passed by  the United Nations and activated by the state   so naturally this combination if don't ensure  the protection of the human rights it will be   contradictory to already convinces path by the  United relations like initial Declaration of   Human Rights the international Covenant on civil  and political rates the international Covenant of   economic social and cultural rights the convention  on the elimination of the forms of discrimination   against women the convention on the elimination  of all forms of racial discrimination the   convention on the rights of the child and other  International and Regional Human Race conventions   there is a lack of consensus among the Bengal  States about what positive cyber crime and cyber   security and how this TT can be made expansive or  made applicable and we feel conventions should be   not be only limited to crimes but it should be  given expanded scope in the convention which in   addition to the pure cyborg Ivory in today longer  list of cyber renewable crimes different countries   have different laws were in different offenses but  there are certain common issues common offenses   and challenges they are common like terrorist  activities dog trafficking distribution of   narcotic drugs arm trafficking in addition to  content related offices so this information   coercion to Suicide its speech and extremism and  others now the process of convention should be   transparent and if I trust and hope that United  States is taken all the efforts to consider the   series Society other organization and trying to  make it more transparent so it should be like a   more transparent and precise and should include  explicit safeguards for the public interests and   the human rights vegan precise definitions of  offenses leave room for arbitrary interpretation   and risk imprisonment of Human Rights and gives  scope to the governments to interpret in their   own fear along with the status Civil Society  technological experts should be considered in   multilateral negotiations policy framing because  they are the right Defenders especially on issues   that are considered domain of law imprisonment  now defining what constitutes cyber security   and cyber crime is a confusing and overlapping  concept and sometimes depends on the state to   state and continue to Country many crimes  corruption drug trafficking terrorism are   already prohibited at the international level by  special laws and instruments passed by the United   Nations like United Nations Carnation against  transnational organized crime United Nation   convention against corruption now duplicating this  instrument while trying to capture the uniquely   cyber component of each constitute primarily  to the duplication that should not happen   now lastly I appreciate the approach of the  United Nations in giving opportunities Society   organization and hope along with the state opinion  and expenses of the Civil Society and Expo should   be considered in policy framing entity framing  I expressed my gratitude to the United Nations   for giving this opportunity to our NGO global  vision India Foundation from India for sharing   the views and looking forward to same in future  for future deliberations thank you thank you a bit everyone here in this room and um well all  the other delegates who will continue working   on this treaty will do their best to end make  this a strong instrument so um maybe I'm right   now ahead of terrorists okay thank you remain the  question of UK yeah so we give now the floor to uh   um she's online with us could you please answer  to the questions of Mexico Brazil and the UK   thank you madam chair very briefly and quickly  in terms of Mexico's question I would just put   it this way I'd already addressed the issue with  respect to the use of emerging Technologies we   are today discussing about crimes that are  enabled by technology they cannot has true   technology in terms of finding Solutions against  those crimes so the best way forward would be   to embrace technology utilize it to the best  possible extent identify the pitfalls that these   Technologies such as AI Etc ringtone of being  instruments for violating human rights and try   and put in checks and balances against that that  would be my wish list and I hope that answers the   first issue race I also believe that Brazil's  question was extremely incisive and interesting   particularly in the light of what we are seeing  happen in India right now we have a handful of   fundamental rights that form part of our  constitution having said that through the   years these hands full of rights have been evolved  further to expand what would be applicable and to   improve that spread of human rights that spread of  individual rights that needs to be protected if we   can do it at a national level then why not at an  international level what we already understood as   human rights and the expanding Spectrum today  is a different issue and particularly when   it comes to online domains we do see that the  impact is much higher and the criticality the   urgency is also higher the threshold being  Ohio we need to also provide better or   remedial situations so I personally believe  that in the concept in the process of draft ing it is important that we lay as much emphasis  in terms of not just what the U.N has already   provided various conventions and treaties  for by and have has consequently identified   the human rights that needs to be protected but  also take into account the expanding Spectrum   finally there was one further aspect I  wanted to address we are now faced with a   at least a minimum of a two-year window before a  structure is likely to emerge in these two years   whatever we are discussing as a threat today  may not necessarily be the same two years down   the line therefore whatever is being drafted will  have to necessarily be dynamic enough to be able   to address what is being existing fit scenario  and what could be an evolving threat scenario   thank you thank you madam I give the floor  now to Madame Rodriguez please for answering thank you madam chair when it comes to  the question from Brazil I also don't see   a contradiction um first we states are bound by  the international human rights obligations under   a different International instruments and citing  those uh instruments are important when it comes   to define the element of a crime for example for  implementation on the application of of of retreat   itself furthermore the details of the Seekers  well there is not a whole argument single document   harmonizing the same words they are dispersed  through different instruments and different uh   opinions through the human rights consoles the  companions from the human rights committee we   did a comparative analysis of the Court's human  rights Court from different jurisdictions and   Europe Latin America inter-american system and  also the African system and also the human rights   Community observations where we compile these  uh The Seekers applicable in the context of   in the in the research was  focused on the in the context of   um criminal personal measures in this case we  identify the necessity proportionality principle   legitimate and legality uh judicial lovers site  notification among others and so they have some   roots in international standards that's why we  put emphasis on those fronts they are having also   comments from the oechr and recent reports that  have come from the office of the human rights   the the Osage or high Commission  of human rights office   I'm sorry okay um and that's why that's how we  see it we think it's important we have seen that   many countries in implementation for instance  of developer convention have implemented the   provisions without detailed reference of the legal  safeguards many laws that we have reviewed in our   comparative analysis on different countries may  not have for you started something that is crucial   like the legal basis for accessing the data which  is a just a minimum requirement when it comes to   implement uh to use law enforcement powers without  uh without abuse to avoid abuse of power so the   idea is that law enforcement could do their job  and access a evidence it's important for criminal   criminals but the singers are equally important  to ensure that there is no abuse of powers and   they're accessing when it's really necessary for  the female investigations and we see that missing   it that's why we bring this into the table to  the question regarding uh the evidence yes I   didn't go to detail on my speech we have what we  would like and we have alternative options so uh   we think that the international cooperation  companies of a convention should be limited   in scope to investigations or prosecutions  of the specific crimes itemized it that and but we think that it should be  further limited and scoped include   only the collection of electronic evidence for  criminal offenses outlining in the substantive   but we know that discussions are in different  places and so we also think that uh uh to limit   the scope maybe as an alternative to a finite list  of serious criminal offenses that are explicitly   itemized as they find in the convention or  alternative to define or be applicable only   to Serious crimes and and Define serious crime  as a sense punishable by a maximum deprivation   of Liberty Taxi 40 years or more severe penalty  we don't think the law enforcement Powers should   be used for any pity crimes or crimes are going  against international human rights standards and   I think just have a broad loss of applicable to  any type of crimes it's up is concerning for us thank you very much you have the floor yeah for answering yeah I  was disabled okay yes ma'am I feel relatively   convention may not be able to address all the  issues because international law has got restored   limitations but it will play certainly a crucial  role in international cooperation by providing   effective investigatory framework and facilitating  cross-border issues if that will be importantly I   think mainly impossible we are cross-border issue  because all the countries have got their domestic   laws secondly the convention will also help build  a capacity of the countries who don't have that   expertise many undeveloped countries don't have  that expertise so this will also conversation may   also provide basis for the technical assistance  to all these things because and thirdly while   enforcement point of view domestic countries have  got their own laws but going to the international   law uh there are so many limitations everybody  knows uh practically there are many limitations   and it is accepted whether that country it is  very difficult to enforce that law thank you man thank you very much now I give the floor

2022-11-18 17:34

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