Ad Hoc Consultation: Thursday 8th February, Morning session

8 Feb 2024 16:00h - 19:00h

Table of contents

Disclaimer: This is not an official record of the WEF session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the WEF YouTube channel.

Full session report

Debate intensifies over preamble and key terms during penultimate day of convention session

During the penultimate day of the session, the Chair opened the meeting by outlining the day’s agenda, which included the final reading of the convention’s text, with the exception of certain articles set aside for compromise proposals and informal consultations. These consultations, led by Nigeria, were scheduled to address Articles 13 and 15 specifically.

The United States delegation commenced the discussions by thanking the Chair for their efforts and expressed a desire to continue contributing constructively towards reaching a consensus. However, they raised concerns about the inclusion of the phrase “transfer of technology” in the preamble, preferring that it be confined to the technical assistance chapter.

Iran proposed wording to enhance international cooperation among state parties by removing impediments, which the Chair suggested be noted for consideration without reopening the debate. Mauritania’s suggestion to use “inter alia” to indicate that the list of offences in the preamble was not exhaustive was accepted by the Chair.

Several delegations, including South Africa, emphasised the importance of including “transfer of technology” in the preamble, highlighting its significance for the convention’s implementation. The African group, supported by many countries, called for its retention.

Saudi Arabia proposed an amendment to include a reference to applicable international and regional instruments, while Pakistan suggested adding offences such as incitement to violence and discrimination.

The Chair urged delegations to avoid reopening debates on issues that had already been negotiated extensively and to focus on concrete proposals. The Chair’s call for maintaining the balance in the preamble was echoed by several delegations, including Cuba, Tunisia, and CARICOM, who supported the current draft.

The United Kingdom, Nigeria, and China raised concerns about reopening debates and insisted on keeping the preamble as drafted, with China requesting the addition of a specific crime to the list.

As the discussions progressed, various delegations expressed their positions on the preamble, with some flexibility shown on contentious paragraphs. However, the Chair emphasised the importance of not reopening debates at this late stage and maintaining the fragile balance achieved in the preamble.

In the afternoon session, the Chair invited comments on the general provisions of the convention, reminding delegations to avoid revisiting agreed-upon points. South Africa, on behalf of the African group, proposed including “transfer of technology” in Article 1C for consistency with the preamble and Article 54.

Article 2, which defines key terms, was discussed extensively. The definition of “child” was debated, with some delegations supporting a simpler definition or the deletion of the current one. The inclusion of “virtual assets” under the definition of “property” was supported by several delegations, recognising its relevance in the context of cybercrime.

The proposed Article 2.2, which allows for flexibility in implementing the convention in accordance with domestic laws, received mixed reactions. Some delegations supported its retention for the sake of legal certainty and consistency, while others, including the UK and the US, called for its deletion, citing potential legal uncertainties.

Throughout the discussions, the Chair acknowledged the efforts of the co-facilitators and other Vice-Chairs who worked tirelessly to achieve a balanced draft text. The Chair also reminded participants of the ongoing informal consultations on Articles 13 and 15.

As the session concluded, the Chair thanked the participants for their contributions and reiterated the importance of not reopening debates to ensure the convention’s timely finalisation.

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Albania

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Algeria

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Australia

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Azerbaijan

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Brazil

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Burkina Faso

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Cabo Verde

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Cameroon

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Canada

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Central African Republic

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Chad

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China

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Colombia

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Congo

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Cote d’Ivoire

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Cuba

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Ecuador

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Egypt

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El Salvador

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Eritrea

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European Union

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Georgia

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Ghana

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Guyana

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Holy See

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Iceland

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India

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Indonesia

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Islamic Republic of Iran

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Jamaica

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Kenya

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Liechtenstein

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Malawi

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Malaysia

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Mali

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Mauritania

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Mexico

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Mozambique

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Namibia

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New Zealand

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Nicaragua

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Nigeria

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Norway

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Oman

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Pakistan

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Panama

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Paraguay

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Peru

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Russian Federation

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Saudi Arabia

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Secretary

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Senegal

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Sierra Leone

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South Africa

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São Tomé and Príncipe

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Thailand

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Tunisia

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Uganda

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United Republic of Tanzania

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Vanuatu

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Venezuela

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Vietnam

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Yemen

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Zimbabwe

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