EU Statement – United Nations Open-Ended Working Group on ICT: General exchange of views

13.12.2021
New York

13 December 2021, New York – Statement by the European Union delivered by Manon Le Blanc, Head of International Cyber Policy, EEAS, at the United Nations Open-Ended Working Group (OEWG) on security of and in the use of information and communications technologies 2021-2025 (13th – 17th December 2021)

Agenda item 4: General exchange of views

Mr. Chairman,

I have the honour to speak on behalf of the EU and its Member States.

The Candidate Countries Turkey, the Republic of North Macedonia, Montenegro and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as Ukraine, the Republic of Moldova and Georgia, align themselves with this statement.

  1. Let me start by reiterating that the EU and its Member States look forward to our joint work to actively advance and enhance our common understanding on the UN framework for responsible state behaviour in cyberspace.
  2. The OEWG is an opportunity for the international community to, in an open, inclusive and transparent manner, exchange on the responsible use of ICTs by States, in a manner that is consistent with the international obligations of States.
  3. In order to achieve these objectives, the OEWG could notably take forward consensus recommendations provided by the first OEWG report (A/75/816) as well as the previous reports of the United Nations Groups of Governmental Experts (UNGGE), including the latest UNGGE report (A/76/135).
  4. While well known, let me reiterate that the EU and its Member States promote a cyberspace that is open to all, respecting human rights and freedoms, and is global, stable and secure in order to support social and economic development.
  5. In order for all to reap the benefits of cyberspace, we need to ensure that we make progress in our work.
  6. The EU and its Member States are committed to advance the discussions and are ready to engage with a positive approach in an effort to make constructive progress, which builds on the existing UN consensus grounded in the application of existing international law and norms of responsible state behaviour in cyberspace.
  7. In this vein we have put forward together with 54 States a proposal to establish a Programme of Action to Advance Responsible State Behaviour in Cyberspace, that will allow us to – in complementarity to the OEWG – advance the practical work on implementing the UN framework.
  8. We look forward to share our best practices and lessons learnt, as well as our proposals to advance our work, contributing to our common understanding and operationalising the consensus under the UN framework for responsible state behaviour.
  9. During the past UNGGEs and the previous OEWG, on the issue of international law, the consensus on the application of international law in cyberspace was accompanied by a recommendation to further study and develop common understandings on how international law applies to State behaviour and the use of ICTs by States.
  10. The OEWG could advance this task, and encourage all States to build global capacities in the areas of international law, national legislation and policy, in order to articulate a national position in this context.
  11. In addition, the OEWG could exchange on the 11 norms of responsible state behaviour, strengthening implementation and ability on how to continue to ensure international security and stability in cyberspace. 
  12. The previous reports have also set the stage for further discussion of confidence-building measures in the context of international cyber security, and allowed for progress as regards cyber capacity building efforts, including through the UN General Assembly resolution 64/211 on the creation of a global culture of cybersecurity.
  13. On all of these themes, the international community has been able to make progress, multilaterally, regionally and nationally, allowing us to build on our own achievements to date during the second OEWG.
  14. In this regard, the EU and its Member States propose that the OEWG should prioritize  exchanges on viable proposals for consensus that are currently reflected in the UN GGE and OEWG reports, further advancing the UN framework for responsible state behaviour in cyberspace.
  15. With that in mind, the EU and its Member States also believe that proposals that are not part of the UN consensus yet but have the potential thereof deserve more time to be discussed, in order advance common understanding in view of a possible consensus on them.
  16. However, we should avoid undermining our progress on the UN framework in cyberspace to date: we should not undermine our collective ability to address our urgent need of enhancing international security and stability in cyberspace.
  17. Therefore, the EU and its Member States express their concerns as regards some proposals reflected within the Chair's summary that aim to shift the trajectory of our common endeavour.
  18. In our view, the focus should not be to advance a completely new UN framework that includes new and divisive proposals for legally binding instruments.
  19. Our work under the OEWG should focus on advancing the solid basis that already exists.
  20. Let me stress on behalf of the EU and its Member States that we are committed to contribute to the OEWG on advancing the UN framework, and to share concrete proposals, best practices and experiences to this end.
  21. Dear Mr. Chair, let me once again thank you for the organisation of the work, and congratulate you with your first substantial session.