Ministry Statements & Speeches:
Chair,
New Zealand supports the adoption of the UN Convention against Cybercrime. Cybercrime is a global problem affecting all regions, including the Pacific, and combatting it requires effective international cooperation.
Our ambition for this treaty was to ensure it helps states effectively combat cybercrime while protecting human rights and fundamental freedoms.
The convention has a broader scope of application than what New Zealand advocated for and includes significant procedural powers. Because of this, during the negotiations New Zealand, alongside several other states and numerous stakeholders, warned that the convention would be open to abuse and human rights violations if not accompanied by adequate safeguards.
For this reason, we advocated consistently for the inclusion of strong, mandatory, human rights protections, which are now contained in the text. This includes articles 6, 24, 36, and articles 40(21) and (22).
We have heard from many stakeholders, including those at the frontline of international cybercrime cooperation, who are concerned about how some states would seek to interpret the provisions of this convention. Indeed, we share these concerns when we hear attempts to criticise the inclusion, or undermine, the human rights safeguards.
In this regard we highlight articles 6 and 24, which have faced scrutiny.
Article 6 is a mandatory commitment to uphold and protect human rights while combating cybercrime. It applies to the entire convention. Article 6(1) emphasises that the Convention must be interpreted consistently with states' obligations under international human rights law. Article 6(2) states that the Convention shall not be interpreted as permitting suppression of specific human rights and fundamental freedoms, which are particularly vulnerable in the context of cybercrime investigations.
Article 24 requires states to implement, within their domestic law, specific safeguards related to the use of procedural powers. These safeguards are designed to prevent abuse of power, ensure accountability, and protect individual rights. They are mandatory. States must implement them to comply with the provisions of the convention, including when engaging in international cooperation.
As we transition to the implementation phase of the Convention, New Zealand plans to collaborate with other Member States and the multi-stakeholder community to monitor adherence to human rights safeguards.
We emphasise that protecting human rights is essential to achieving effective criminal justice outcomes. In cybercrime investigations safeguarding human rights is crucial. When human rights are not adequately protected, prosecutions may fail, and the rule of law is undermined. Abuse of human rights erodes public trust and legitimacy in the criminal process, reducing citizen cooperation, and ultimately undermining international cooperation.
Finally, chair, we appreciate Viet Nam’s proposal to host a signing ceremony for this convention and that this is a targeted, procedural amendment not affecting the substance of the Convention. However, we have strong reservations about re-opening a text agreed by consensus in the Ad Hoc committee by this Committee. We emphasise that tabling further amendments to agreed text should not set a precedent for future negotiations.
New Zealand reaffirms its support for the UN Convention against Cybercrime and calls upon all member states to work collaboratively to combat cybercrime while upholding human rights and fundamental freedoms.
Thank you.