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