IPU, Alm.del - 2022-23 (2. samling) - Bilag 6: Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain

Dansk Interparlamentarisk Gruppes bestyrelse 2022-23 (2. samling)
IPU Alm.del Bilag 6
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146th IPU Assembly

Manama (11–15 March 2023)

Cybercrimes: The new risks to global security

Resolution adopted by consensus

by the 146th IPU Assembly

(Manama, 15 March 2023)

The 146th Assembly of the Inter-Parliamentary Union,

Condemning

all forms of cybercrime and

reaffirming

the need to combat such acts through

international cooperation,

Reaffirming

the existing United Nations framework for responsible State behaviour in the use

of information and communications technologies (ICTs) and the need to implement this framework,

Recognizing

the need to build trust and mutual understanding between countries in response

to the malicious use of ICTs by State as well as non-State actors, who recognize neither boundaries nor

borders,

Observing

the growing use of and dependence on ICTs worldwide,

Cognizant of

the increase in cybercrime activities due to increasing digitalization, accelerated

by the COVID-19 pandemic,

Noting

the responsibility of parliaments to build a regulatory framework that protects citizens

in cyberspace with new infrastructure and resources, in the same way as in the physical world,

Recalling

United Nations General Assembly resolution 31/72 of 10 December 1976 on the

Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification

Techniques,

resolutions 55/63 of 4 December 2000 and 56/121 of 19 December 2001 on

Combating the

criminal misuse of information technologies,

and resolution 57/239 of 31 January 2003 on the

Creation of

a global culture of cybersecurity,

Recalling also

the annual resolutions of the United Nations General Assembly on

Developments in the field of information and telecommunications in the context of international security,

and in particular resolution 69/28 of 2 December 2014, resolution 73/266 of 22 December 2018

establishing the Group of Governmental Experts on advancing responsible State behaviour in the context

of international security, and resolution 75/240 of 31 December 2020 establishing the Open-ended

Working Group on security of and in the use of information and communications technologies 2021–2025,

and

highlighting

the voluntary and non-binding norms of responsible State behaviour in the use of ICTs in

the context of international security, developed by the Group of Governmental Experts and endorsed by

United Nations General Assembly resolution 70/237 of 23 December 2015, which calls on United Nations

Member States to be guided by these norms, as well as the establishment, through United Nations

General Assembly resolution 77/37 of 7 December 2022, of a United Nations programme of action to

discuss existing and potential threats and to support States’ capacities and efforts to implement and

advance commitments,

The delegation of India expressed reservations on operative paragraph 25.

The delegation of the Russian Federation expressed reservations on preambular paragraph 11 and operative

paragraph 1

#IPU146

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Recalling further

the United Nations

Convention against Transnational Organized

Crime

of 15 November 2000 and the United Nations

Convention against Corruption

31 October 2003,

Stressing

the importance of regional conventions on cybercrime, transnational

organized crime, exchange of information and administrative assistance, including the Council of

Europe

Convention on Cybercrime

of 23 November 2001 and its

Additional Protocol concerning the

criminalisation of acts of a racist and xenophobic nature committed through computer systems

28 January 2003, the

Agreement on Cooperation in Ensuring International Information Security

between the Member States of the Shanghai Cooperation Organization

of 16 June 2009, the

Arab

Convention on Combating Information Technology Offences

of 21 December 2010, the Latin

American and Caribbean Parliament (Parlatino)

Model Law on Cybercrime

of November 2013 and

its updates, the Parlatino

Model Law on Social Prevention of Violence and Crime

of November

2015, the Parlatino

Model Law on Computer Crimes

of February 2021, and the Parlatino

Model Law

on Combating Illicit Trade and Transnational Crime

of February 2021, the

Agreement on

Cooperation among the Member States of the Commonwealth of Independent States in the Field of

Ensuring Information Security

of 20 November 2013, the

Agreement on Cooperation among the

Member States of the Commonwealth of Independent States in the Fight Against Crimes in the Field

of Information Technology

of 28 September 2018, and the African Union

Convention on Cyber

Security and Personal Data Protection

of 27 June 2014,

Stressing also

that the Council of Europe

Convention on Cybercrime,

which is open for

accession by any country, has become an instrument of global significance, with States Parties

from, and impact in, all regions of the world,

Recalling

the IPU’s work on the various new risks faced by our increasingly digitized

societies, including the IPU resolutions

Cyber warfare: A serious threat to peace and global security

(adopted at the 132nd Assembly, Hanoi, 1 April 2015), and

Legislation worldwide to combat online

child sexual exploitation and abuse

(adopted at the 143rd Assembly, Madrid, 30 November 2021),

which also recalls the Council of Europe

Convention on the Protection of Children against Sexual

Exploitation and Sexual Abuse

(the “Lanzarote Convention”) of 25 October 2007,

Commending

the work of the United Nations on advancing responsible State behaviour

in cyberspace,

Commending also

the efforts of the United Nations to enact, through General Assembly

resolution 74/247 of 27 December 2019, an international cybercrime convention, and

welcoming

the

creation of an ad hoc committee charged with drafting this convention,

Welcoming

the participation of the IPU in the multi-stakeholder consultation process of

that ad hoc committee in order to ensure that the voice of parliaments is heard,

Noting

the need for a global approach to the issue of cybercrime and its serious

consequences for citizens, as well as the need to protect global peace, security and economic

stability while upholding the basic tenets of human rights including freedom of speech,

Recognizing

the urgent need for legislators, governments and all stakeholders to take

more proactive national steps to combat cybercrime, given its renewed intensity and rapidly evolving

nature,

Recognizing also

that all actions in this field need to have respect for human rights and

fundamental rights at their centre,

Noting

the uneven development in countries’ ICT application capacity and ability to

protect ICT infrastructure, and

emphasizing

the need for increased technical assistance and

collaboration, especially for developing countries,

Noting also

that States shall act in accordance with their obligations under international

human rights law, including but not limited to the

International Covenant on Civil and Political Rights,

the

Convention on the Rights of the Child,

the

Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment,

the

Convention on the Elimination of All Forms of

Discrimination against Women,

and additional protocols and other relevant international human

rights instruments,

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Recognizing

the need for common, international parliamentary action to advance

awareness and implementation of voluntary and non-binding norms regarding responsible State

behaviour in the use of ICTs,

Noting

that cybercrime may constitute a serious threat to democratic processes,

especially interference in elections through cybersecurity breaches or false social media accounts,

Acknowledging

that women, young people, children, elderly people, people with

disabilities, and racialized communities are particularly vulnerable to cybercrimes,

Acknowledging also

the need for efforts to promote gender equality and the

empowerment of women and girls in all their diversity, including through gender mainstreaming, in

the development, implementation and application of policies, programmes and legislation in this

field,

Noting

the nature of the threats and risks of transnational cybercrime to international

peace and security, and the tremendous developments in cyberspace, as a result of which the

methods used by cybercriminals are becoming increasingly sophisticated,

Noting also

that cybercrime includes but is not limited to attacks on computer systems,

breaches of privacy, the creation and deployment of malware, and, increasingly, the facilitation of

attacks on critical civilian infrastructure, as well as other acts that can occur offline and be facilitated

by computer systems, including online fraud, drug trade, money-laundering, hate crimes, human

trafficking, and technology-facilitated gender-based violence such as sexual harassment, threats,

stalking, bullying, sexist hate speech, and the sexual exploitation of women and children via the

internet – all of which negatively affect global security and economic stability,

Considering

that most national laws were enacted before cybercrime arose and

therefore do not always adequately address these threats,

Encourages

parliaments to consider taking the necessary steps for their country to

accede, if it has not yet done so, to existing international instruments that address the

use of ICTs for criminal purposes, including the Council of Europe

Convention on

Cybercrime,

which is the most comprehensive multilateral cybercrime treaty in force

and is open for accession by all States;

Calls upon

parliaments to make sure their legislation on cybercrime is up to date and

relevant, in accordance with international law, including international human rights

instruments, to allocate the necessary resources to this end and to engage all

stakeholders, including the private sector, academia, civil society and the technical

community, considering the ongoing increase in the scale, scope, speed, complexity

and frequency of such acts and their implications for national security, international

peace and security, and global economic stability, as well as to include in such

legislation extraterritorial jurisdiction to enable the prosecution of criminal acts,

irrespective of where those acts were committed and whether they constitute offences

in the foreign jurisdiction in question;

Urges

parliaments to ensure that human rights impact assessments are embedded in

all legislative processes on cybercrime;

Calls upon

parliaments to enhance the capacity of law enforcement officers, including

investigative authorities, prosecutors and judges, in the field of cybercrime, and to

equip them to effectively investigate, prosecute and adjudicate cases of cybercrime

offences;

Encourages

parliaments to make full use of their oversight function to ensure that

governments have the tools, including appropriate resources and capacity, to prevent

and combat the rapid increase in cybercrimes and to protect the cybersecurity,

identity, privacy and data of citizens while safeguarding human rights and freedoms;

Strongly recommends

that parliaments ensure that their national legislative

frameworks on the protection of critical national infrastructure, including the

infrastructure that supports the internet, are up to date, or that they establish such

frameworks where necessary;

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Encourages

parliaments to promote an open, free and secure cyberspace by calling

on their governments to abide by the United Nations norms of responsible State

behaviour in cyberspace, to cooperate in fighting cybercrime as well as cybercriminals

and malicious actors, to respond to requests for assistance and capacity-building, if

possible in real time, in accordance with the rule of law and fully respecting

international human rights law and fundamental freedoms, to secure the supply chain

of companies in their countries, to report voluntarily on potential vulnerabilities to third

parties to assist them in preventing future incidents, and in particular to support and

protect all cyber incident response teams within and beyond their borders;

Also encourages

parliaments to draft gender-responsive legislation promoting cross-

cutting cybersecurity services that prioritize prevention (awareness-raising, auditing

and training), incident detection (24 hours a day, 7 days a week), and an instant and

efficient response to cyber threats, through a victim-centric approach

Recommends

that parliaments promote the establishment of relevant institutions and

bodies – such as national cybersecurity centres, computer emergency response

teams, computer security incident response teams and security operations centres –

where these do not already exist in their country;

Also recommends

that all parliaments ensure that such institutions and bodies have

adequate budgetary resources and specialized personnel, including women

cybersecurity experts, to allow for an agile, timely and effective response to

cybercrime and to protect critical civilian infrastructure, public institutions, companies

and citizens without breaching privacy, while taking into account that the increasing

digitalization of public services and utilities could imply major exposure to digital risks;

Urges

parliaments to promote international coordination between such institutions and

bodies in order to monitor, prevent, detect, investigate and respond to cyber threats;

Invites

parliaments to encourage their governments to provide specific cybersecurity

training in order to help increase the number of cybersecurity professionals and to

strengthen their performance;

Reaffirms

that an open, secure, stable, accessible and peaceful ICT environment is

essential for all and requires effective cooperation among States to reduce risks to

international peace and security, and

calls upon

the international community to

promote full respect for human rights and fundamental freedoms;

Calls upon

parliaments to encourage investment in research and development,

incorporating into the design of each project specific cybersecurity provisions, with

appropriate budget allocation, in order to anticipate and protect against possible

emerging cyber threats;

Encourages

parliaments to partner with industry, academia and all other stakeholders,

including civil society, with their respective governments as key facilitators, in order to

foster a strong and collaborative cybersecurity ecosystem that fully respects human

rights principles and international human rights obligations;

Calls upon

parliaments and parliamentarians to actively engage in promoting a

shared, up-to-date national understanding of the nature of cybercrime as experienced

by citizens, organizations and institutions;

Urges

parliaments to help foster a true “culture of cybersecurity” by developing

educational curricula focused on training future generations, from childhood onwards,

in digital literacy and technological know-how, covering both the great opportunities

presented and the serious risks posed by technology;

Recommends

that parliaments broaden protections for women, young people,

children, elderly people, people with disabilities, and racialized communities in

cyberspace, taking respect for human rights and the prevention of gender-based

violence into account in the development of educational policies on the use of social

media;

10.

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19.

Urges

parliaments to take the necessary action to protect critical moments in

democracy, and especially those periods when citizens exercise their right to vote, in

order to avoid attacks and interferences that seek to influence, change or violate the

free formation of public opinion during the electoral process;

Calls upon

the international community to take action to protect democracy by

ensuring that all parliaments worldwide, as institutions representing the will of the

people, are afforded special protection through their inclusion in lists of critical civilian

infrastructure and essential services;

Stresses

the need to further enhance international cooperation and assistance in the

area of ICT security and capacity-building, as a means to bridge digital divides and

strengthen the response to cyber threats globally;

Calls upon

parliaments to deepen their understanding of the complex and rapidly

evolving nature of cybercrime by enabling the open sharing of knowledge, experience

and expertise, and by holding specialized seminars, workshops and conferences on

this subject;

Invites

the IPU Secretariat, in partnership with other relevant organizations, to promote

this new vision of cybersecurity by supporting parliaments in their capacity-building

endeavours;

Recommends

that the IPU, as the global organization of parliaments, play a leading

role in preventing and combating cybercrime, and in stimulating cyber-resilience, by

participating in all relevant international forums, including those led by the United

Nations, with a view to ensuring that the voice of parliaments is heard;

Promotes

the creation of a working group on cybercrime, subsidiary to the Governing

Council of the IPU, whose specific mission shall be to comply with the mandates and

objectives established in this resolution, and whose powers shall include both

supporting the process for the promotion of an international convention on cybercrime

within the framework of the United Nations, and strengthening the capacities of IPU

Member Parliaments in terms of law-making, oversight and budgeting;

Recommends

that the IPU raise awareness among parliaments on achieving the

Sustainable Development Goals through, above all else, their universal commitments

to digital security.

20.

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