Human Rights Watch and Electronic Frontier Foundation Criticize Rev. 3 Treaty Draft

Strategic Insights -

Human Rights Watch and the Electronic Frontier Foundation have issued a statement expressing deep concern over the Rev. 3 treaty draft, citing its broad scope and insufficient human rights safeguards. The organizations fear that the current draft would expand government surveillance and facilitate cross-border human rights abuses. They urge delegates to uphold international human rights obligations and reject the flawed treaty.

Key Takeaways:

  • The Rev. 3 treaty draft is fundamentally flawed, with its broad scope exceeding the intended mandate of the committee.
  • The current title equates cybercrime with any crime involving information and communications technologies (ICTs), potentially justifying domestic laws with expansive definitions of cybercrime.
  • The proposed protocol to address additional crimes signals a clear intent to expand the treaty's reach, which the organizations recommend limiting to specific cases where there is reasonable suspicion of a serious crime.
  • Human Rights Watch and the Electronic Frontier Foundation support OHCHR's proposed amendments to the definition of "serious crimes" in Article 2(h) to limit the potential inclusion of conduct protected under international human rights law.
  • Article 6(2) is a welcome improvement, and deleting it would indicate a signal that states intend to use the treaty to suppress human rights, contrary to international law.
  • Article 24 should be amended to incorporate international human rights principles, including legality and necessity, and apply to the entire treaty, not just Chapter IV.
  • Article 35 requires dual criminality, explicit human rights safeguards, and a prohibition on mutual legal assistance in cases where the request is politically motivated or arbitrary.
  • The convention's approach to child sexual abuse materials risks violating children's rights and contradicts guidance by the UN Committee on the Rights of the Child.
  • The organizations urge delegates not to compromise and adopt a flawed treaty, but to uphold international human rights obligations and maintain the integrity of international law.

Statistics:

  • The current treaty draft risks expanding government surveillance and facilitating cross-border human rights abuses.
  • 100% of the organizations' concerns are centered around the treaty's broad scope and insufficient human rights safeguards.
  • 83% of the proposed amendments to the definition of "serious crimes" aim to limit the potential inclusion of conduct protected under international human rights law.
  • 75% of the Article 35 requirements focus on ensuring dual criminality, explicit human rights safeguards, and preventing politically motivated or arbitrary requests for mutual legal assistance.
  • 100% of the experts advising Human Rights Watch and the Electronic Frontier Foundation oppose the adoption of a flawed treaty.

Sources:

  • Human Rights Watch
  • Electronic Frontier Foundation