31.03.2020
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The Pre-Draft rightly states in para. 10 that “Developments in ICTs have implications for
all three pillars of the United Nations’ work: peace and security, human rights and
sustainable development”.
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In this context, Austria would welcome stronger language on the obligations of States
to ensure and respect the human rights enshrined in the UN Covenant on Civil and
Political Rights, also reflecting customary international law, especially those with
particular exposure to cyber activities, such as Article 17 ICCPR (privacy), Article 19
ICCPR (right to hold opinions, freedom of expression) and Article 22 ICCPR (freedom of
association). Furthermore, Austria would suggest taking up the ICCPR’s language
governing the (narrow grounds of) justification of interference with Articles 22 and 19
ICCPR (“prescribed by law”; “necessary in a democratic society”; “protection of the
rights and freedoms of others”).
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Austria supports the suggestion in para. 61 of the Pre-Draft.
“61. Noting that many parts of the UN address digital technology issues, including their
development, rights and crime dimensions, States recognized the need for a dedicated
mechanism under UN auspices focusing on international security issues. It was recalled
that there are established forums within the UN system focused on issues relating to ICTs
and terrorism, crime, human rights and Internet governance. Greater exchange and
exploration of synergies between these bodies, such as through joint meetings of
committees of the General Assembly, while respecting the expert nature or specialized
mandate of each, was encouraged.”
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With regard to the recommendations in para 68. a) of the Pre-Draft, in light of the
Secretary General’s Call for Action, Austria would suggest to also include a
recommendation on developing a roadmap for implementing the recommendations of
the High-level Panel on Digital Cooperation, embedding human rights considerations in
an improved global digital cooperation architecture.
5. Rules, Norms and Principles for Responsible State Behaviour
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Austria welcomes the clear calls for States to be guided in their use of ICTs by the 2015
report of the Group of Governmental Experts (UNGGE), endorsed by the UN General
Assembly and to work further on their implementation.
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The protection of critical infrastructure is one of Austria’s key concerns. Austria suggests
that reference be made in the Report under Section D to the 2015 GGE report, i.e. its
Recommendation (f), which notes that ‘a State should not conduct or knowingly support
ICT activity contrary to its obligations under international law that intentionally damages