Topic: Infrastructure

International Committee of the Red Cross

Acronym: ICRC

Established: 1863

Address: 19 Avenue de la paix, 1202 Geneva, Switzerland

Website: https://www.icrc.org

Stakeholder group: International and regional organisations

Established in 1863, the ICRC is an independent international humanitarian organisation headquartered in Geneva. It defends and promotes the respect of international humanitarian law (IHL) and is dedicated to protecting the lives and dignity of victims of war and to providing assistance. Along these lines, it cooperates with governments, the private sector, and other entities affected by international and internal armed conflict and violence.

Together with the International Federation of Red Cross and Red Crescent Societies and 192 individual national societies, the ICRC makes up the so-called International Red Cross and Red Crescent Movement.

Digital activities

Digitalisation is increasingly present in the context of armed conflict and violence. On one hand, affected populations are in demand for digital tools, which humanitarian organisations need to provide in a responsible manner. On the other hand, states use cyber operations as part of warfare with humans affected by the consequences of such operations and other digital risks. To this end, humanitarian organisations also use digital tools to improve their operations. The ICRC addresses the implications of technology, which are multifold and range from data protection for humanitarian actions to the application of IHL to cyber operations in armed conflict. We host expert and intergovernmental discussions and have developed a number of (digital) tools to help improve awareness and understanding of IHL and relevant standards. The ICRC cooperates with other organisations on digital policy issues.

Digital policy issues

Artificial intelligence

The ICRC has explored the impact of AI tools in armed conflict, in particular their use by armed actors. In a document titled Artificial Intelligence and Machine Learning in Armed Conflict: A Human-Centred Approach (2019, revised 2021), we argue: ‘Any new technology of warfare must be used, and must be capable of being used, in compliance with existing rules of international humanitarian law.’ The document touches on the use of AI and machine learning (ML) technologies capable of controlling physical military hardware. It argues that from a humanitarian perspective, AWS are of particular concern given that humans may not be able to control such weapons or the resulting use of force, and AI-controlled AWS would exacerbate these risks. The ICRC has urged states to adopt new international rules on AWS. The position paper also emphasises the potential for AI to exacerbate the risks to civilians and civilian infrastructure posed by cyber and information operations, as well as changing the nature of military decision-making in armed conflict. The ICRC calls for a human-centred approach to the application of AI in armed conflict that preserves human judgement and jointly with the United Nations Secretary-General, ICRC’s president is calling for establishing new prohibitions and restrictions on AWS. The question has been further explored in other reports, such as Autonomy, Artificial Intelligence, Robotics: Technical Aspects of Human Control (2019). 

Cyber operations during armed conflict

The use of cyber operations during armed conflict is a reality today and is likely to increase in future. Through bilateral confidential dialogue, expert discussions, participation in intergovernmental processes, and constant monitoring and analysis, the ICRC is raising awareness of the potential human cost of cyber operations and the application of IHL to cyber operations during armed conflict. Our efforts on this matter date back over two decades. Ever since, the ICRC has held the view that IHL limits cyber operations during armed conflict just as it limits the use of any other weapon, means and methods of warfare in an armed conflict, whether new or old.

Over the years, the ICRC has been actively involved in global policy discussions on cyber-related issues, including those held within the UN (various Groups of Governmental Experts (GGEs) and the Open-Ended Working Groups (OEWGs)). In addition, we convene regional consultations among government experts on how IHL applies to cyber operations, and global expert meetings, such as the potential human cost of cyber operations and avoiding civilian harm from military cyber operations during armed conflicts. Our legal views on how IHL applies to cyber operations during armed conflict are found in a 2019 position paper that was sent to all UN member states in the context of the different UN-mandated processes on information and communications technology (ICT) security. The ICRC explores innovative solutions, such as a digital emblem, to protect medical and humanitarian missions in cyberspace. 

Recently we have focused on non-state actors such as civilians and technological companies getting more and more involved in cyber operations. We first issued three documents. The first focuses on the growing trend of civilians at large getting involved in digital operations and the related risks. The second focuses on when might digital tech companies become targetable in war. And last and more specifically on hacking, we published a paper called 8 Rules for “Civilian Hackers” During War, and 4 Obligations for States to Restrain Them. 

‘Protection’ in the digital agae The ICRC deals with privacy and data protection within its mandate and context of IHL. In this Atlas, following the Digital Watch Observatory taxonomy, privacy and data protection are part of the human rights basket.

Without undermining the positive impact technology can bring in conflict, including enhancing access to life-saving information and potentially minimising collateral damage, protection work must consider the risks in the digital age. In other words, it must encompass the protection of the rights of people when their lives intersect with the digital sphere. This question remains under-regarded and a blog post tries to shed light on this grey area. 

The ICRC puts a special emphasis on the impact of misinformation and disinformation as they can increase people’s exposure to risk and vulnerabilities. For example, if displaced people in need of humanitarian assistance are given intentionally misleading information about life-saving services and resources, they can be misdirected away from help and towards harm.

Hate speech, meanwhile, contributes directly or indirectly to endangering civilian populations’ safety or dignity. For example, when online hate speech calls for violence against a minority group, it can contribute to psychological and social harm through harassment, defamation, and intimidation. 

These issues have been tackled in a document we published in 2021 called Harmful Information.

Misinformation and disinformation can also impact humanitarian organisations’ ability to operate in certain areas, potentially leaving the needs of people affected by armed conflict or other violence unmet. When false and manipulated information spreads, it can erode trust within communities and damage the reputation of humanitarian operations.

For the ICRC, whose work is founded on trust, the spread of disinformation, especially where tensions are high, could quickly lead to humanitarian personnel being unable to leave their offices, distribute live-saving assistance, visit detainees, or bring news to people who have lost contact with a family member.

Ultimately, it is important also to note that information operations have limits under IHL!

Outer space

Space systems have been employed for military purposes since the dawn of the space era. As the role of these systems in military operations during armed conflicts increases, so too does the likelihood of their being targeted, with a significant risk of harm to civilians and civilian objects on Earth and in space. This is because technology enabled by space systems permeates most aspects of civilian life, making the potential consequences of attacks on space systems a matter of humanitarian concern. Find out more in this blog called War, Law and Outer Space: Pathways to Reduce the Human Cost of Military Space Operations.

Privacy and data protection

The ICRC plays an active role in regard to privacy and data protection in the context of humanitarian action. It has a data protection framework compliant with international data protection standards that aims to protect individuals from a humanitarian standpoint. The framework consists of ICRC rules on personal data protection, which were revised in 2020 in response to the rapid development of digital technologies, while supervisory and control mechanisms are overseen by an independent data protection commission and a data protection officer.  In 2019, the ICRC spearheaded the adoption of a resolution on Restoring Family Links While Respecting Privacy, Including as it Relates to Personal Data Protection at the International Conference of the Red Cross and Red Crescent. In 2022, we pushed for the adoption of a resolution on Safeguarding Humanitarian Data at the Council of Delegates of the Red Cross and Red Crescent Movement.

Despite the wide range of data sources employed and dealt with by the ICRC, specific attention is dedicated to biometric data, which is often used in forensics and the restoration of family links. To manage this highly sensitive information and to ensure the responsible deployment of new technologies (including new biometric identification techniques), the ICRC has adopted a Biometrics Policy, which sets out the roles and responsibilities of the ICRC and defines the legitimate bases and specified purposes for the processing of biometric data. 

Data protection is also addressed by the ICRC Handbook on Data Protection in Humanitarian Action. The Handbook provides suggestions as to how current data protection principles apply to humanitarian organisations and builds on existing regulations, working procedures, and practices. The second edition specifically provides guidance on the technical aspects of data protection by design and by default and covers technological security measures. In addition, through dedicated chapters, it addresses the potential and risks of digital technology such as blockchain, AI, digital identity, and connectivity for data protection in humanitarian action.

The ICRC has argued in favour of the digitalisation of the Geneva Conventions and on the occasion of the 70th anniversary of these very treaties and additional protocols, released an IHL digital app. The app provides access to over 75 treaties including the Geneva Conventions, and allows users to read through the content and familiarise themselves with the text. The ICRC has a number of databases on IHL, including its customary IHL database and the ICRC national implementation database.  

Digital tools

Research and development

In 2022, the ICRC opened a Delegation for Cyberspace in Luxembourg, which serves as a safe and secure space to do due diligence research and develop and test solutions and ideas to prepare the ground for the support, protection, and deployment of digital services to affected people on a global scale. It will also further explore what it means to be a digital stakeholder in a manner compatible with its mandate; operational modalities; and the principles of neutrality, independence, and impartiality.

Resources

The ICRC’s Law and Policy blog provides a large number of short pieces on cyber operations, featuring tech expert, legal, and policy perspectives. 

Online learning is also used by the ICRC to promote the implementation of IHL. In 2019, we launched an e-learning course entitled Introduction to International Humanitarian Law aimed at non-legal practitioners, policymakers, and other professionals who are interested in the basics of IHL. Other online courses are available through the ICRC training centre as well as e-briefings which are available in the e-briefing library. 

The ICRC maintains an online training centre and an app with all ICRC publications in English and French. 

Social media channels

Facebook @ICRC

Instagram @ICRC

LinkedIn @ICRC

TikTok @ICRC

X @ICRC

YouTube @ICRC

World Health Organization

Acronym: WHO

Established: 1948

Address: Av. Appia 20 1211 Geneva 27, Switzerland

Website: https://www.who.int/en/

Stakeholder group: International and regional organisations

WHO is a specialized agency of the UN whose role is to direct and coordinate2 international health within the UN system. As a member state organization, its main areas of work include health systems, the promotion of health, non-communicable diseases, communicable diseases, corporate services, preparedness, and surveillance and response.

WHO assists countries in coordinating multi-sectoral efforts by governments and partners (including bi- and multilateral meetings, funds and foundations, civil society organizations, and the private sector) to attain their health objectives and support their national health policies and strategies.

Data and digital activities

WHO is harnessing the power of digital technologies and health innovation to accelerate global attainment of health and well-being. It uses digital technology intensively in its development of activities, ranging from building public health infrastructure in developing countries and immunization to dealing with disease outbreaks.

WHO has strengthened its approach to data by ensuring this strategic asset has two divisions: (1) the Division of Data, Analytics and Delivery for Impact. This has helped strengthen data governance by promoting sound data principles and accountability mechanisms, as well as ensuring that the necessary policies and tools are in place that can be used by all three levels of the organization and can be adopted by member states. Digital health and innovation are high on WHO’s agenda; it is recognized for its role in strengthening health systems through the application of digital health technologies for consumers/ people and healthcare providers as part of achieving its vision of health for all. (2) WHO also established the new Department of Digital Health and Innovation in 2019 within its Science Division. Particular attention is paid to promoting global collaboration and advancing the transfer of knowledge on digital health; advancing the implementation of national digital health strategies; strengthening the governance for digital health at the global, regional, and national levels; and advocating for people-centred health systems enabled by digital health. These strategic objectives have been developed in consultation with member states throughout 2019 and 2020 and will be submitted for adoption to the upcoming 2021 World Health Assembly.

The Division of Data Analytics and Delivery for Impact and the Department of Digital Health and Innovation work closely together to strengthen links between data and digital issues, as well as data governance efforts. Digital health technologies, standards, and protocols enable health systems to integrate the exchange of health data within the health system. Coupled with data governance, ethics, and public health data standards, digital health and innovation enable the generation of new evidence and knowledge through research and innovation and inform health policy through public health analysis.

More recently, the COVID-19 pandemic accelerated WHO’s digital response, collaboration, and innovation in emergencies. Some examples include collaborating to use artificial intelligence (AI) and data science in analyzing and delivering information in response to the COVID-19 ‘infodemic’ (i.e. overflow of information, including misinformation, in an acute health event, which prevents people from accessing reliable information about how to protect themselves); promoting cybersecurity in the health system, including hospitals and health facilities; learning from using AI, data science, digital health, and innovation in social science research, disease modelling, and simulations, as well as supporting the epidemiological response to the pandemic; and producing vaccines and preparing for the equitable allocation and distribution of vaccines.

Digital policy issues

WHO is a leader among Geneva-based international organizations in the use of social media, through its awareness-raising of health-related issues. It was awarded first prize at the Geneva Engage Awards in 2016, and second prize in 2017.

The WHO/International Telecommunication Union (ITU) Focus Group on Artificial Intelligence for Health (WHO/ITU FG-AI4H) works to establish a standardized assessment framework for the evaluation of AI-based methods for health, diagnosis, triage, or treatment decisions.

Digital standards

Online gaming: Since 2018, gaming disorder has been included in WHO’s International Classification of Diseases (ICD). While the negative impacts of online gaming on health are being increasingly addressed by national health policies, it has been recognized by some authorities, such as the US Food and Drug Administration (FDA), that some game-based devices could have a therapeutic effect. Given the fast growth of online gaming and its benefits and disadvantages, the implications on health are expected to become more relevant.

The health top-level domain name: Health-related generic top-level domain (gTLD) names, in all languages, including ‘.health’, ‘.doctor’, and ‘.surgery’, should be operated in a way that protects public health and includes the prevention of further development of illicit markets of medicines, medical devices, and unauthorized health products and services. Resolution WHA66.24: eHealth Standardization and Interoperability (2013).

Net neutrality

The issue of net neutrality (the equal treatment of internet traffic) could affect bandwidth and the stability of digital connections, especially for high-risk activities such as online surgical interventions. Thus, health organizations may be granted exceptional provisions, as the EU has already done, where health and specialized services enjoy exceptions regarding the principle of net neutrality. Resolution WHA66.24: eHealth Standardization and Interoperability (2013).

WHO has dedicated cybersecurity focal points, who work with legal and licensing colleagues to provide frameworks for the organization to not only protect WHO data from various cyber-risks, but also provide technical advice to WHO and member states on the secure collection, storage, and dissemination of data. Health facilities and health data have always been the target of cybercriminals; however, the COVID-19 crisis has brought into sharp focus the cybersecurity aspects of digital health.

Ransomware attacks threaten the proper functioning of hospitals and other healthcare providers. The global Wannacry ransomware attack in May 2017 was the first major attack on hospitals and disrupted a significant part of the UK’s National Health System (NHS). Ransomware attacks on hospitals and health research facilities accelerated during the COVID-19 crisis.

Considering that data is often the main target of cyberattacks, it should come as no surprise that most cybersecurity concerns regarding healthcare are centred on the protection of data. Encryption is thus crucial for the safety of health data: It both protects data from prying eyes and helps assuage the fears patients and consumers may have about sharing or storing sensitive information through the internet.

Data governance

The 2021 Health Data Governance Summit brought together experts to review best practices in data governance, sharing, and use. The result was a call to action to tackle the legal and ethical challenges of sharing data, ensure data is shared during both emergency and non-emergency situations, and encourage data and research stewardship that promotes tangible impact. Key WHO resources include WHO’s Data Sharing Policies, the UN Joint Statement on Data Protection and Privacy in the COVID-19 Response, and GATHER (Guidelines for Accurate and Transparent Health Estimates Reporting).

WHO’s SCORE technical package (Survey, Count, Optimize, Review, and Enable) identifies data gaps and provides countries with tools to precisely address them. SCORE has been developed in partnership with the Bloomberg Data for Health Initiative. As part of SCORE, WHO completed the first ever global assessment of health information systems capacity in 133 countries, covering 87% of the world’s population.

The project Strengthening National Nutrition Information Systems1 is running in five countries in Africa and Asia – Côte d’Ivoire, Ethiopia, Laos, Uganda, and Zambia – for a period of four years (2020–2024). Demographic and Health Surveys (DHS), Multiple Indicator Cluster Surveys (MICS) and national nutrition surveys are the major sources of nutrition data for many countries, but they are complex and expensive undertakings that cannot be implemented with the required frequency. It is, therefore, critical to strengthen or establish integrated nutrition information systems (NIS) of countries to enhance the availability and use of routine nutrition data to better support policy development, programme design and monitoring.

Data-driven delivery approach

A data-driven delivery approach sharpens WHO’s focus to address gaps, close inequalities, and accelerate progress towards national and regional priorities from WHO regions. The WHO Regional Office for the Americas is working to create open data platforms for evidence-based decisions and policymaking. The Core Indicators Portal provides a dataset of around 200 health indicators for 49 countries across the region from 1995 to 2021. The WHO Regional Office for the Eastern Mediterranean is conducting harmonized health facility assessments and tracking 75 indicators through the Regional Health Observatory (RHO). The WHO Regional Office for Africa has prioritized investments in civil registration and vital statistics (CRVS) and digital health. Its integrated African Health Observatory (iAHO) offers high-quality national and regional health data on a single platform and District Health Information Software (DHIS2) is now implemented in all but four African countries. The WHO Regional Office for South-East Asia is focused on promoting health equity through workshops that introduce member states to WHO’s Health Equity Assessment Toolkit (HEAT). High-quality data on health indicators is available on the Health Information Platform (HIP). The WHO Regional Office for Europe is prioritizing support for countries’ national health information systems (HIS) through more robust data governance frameworks. Member states also have access to the European Health Information Gateway, a one-stop shop for health information and data visualization. The WHO Regional Office for the Western Pacific has released a progress report on each member state’s journey to achieving universal health coverage (UHC). Additionally, the Western Pacific Health Data Platform provides a single destination where countries can easily monitor and compare their progress towards national and global health objectives.

Access

WHO is working with Facebook and Praekelt.Org to provide  WHO’s  COVID-19  information to the world’s most vulnerable people through Discover and Free Basics in a mobile-friendly format. Though over 85% of the world’s population lives in areas with existing cellular coverage, many people can’t afford to purchase mobile data consistently and others have not yet adopted the internet. This initiative enables underserved communities to access life-saving COVID-19 health information through participating operators in more than 55 countries.

Strengthening Health Information Systems for Refugee- and Migrant-Sensitive Healthcare: Health information and research findings can provide a platform for understanding and responding to the health needs of refugees and migrants and for aligning the efforts of other sectors and sources of international assistance. However, the systematic national data and evidence comparable across countries and over time available for policy- and decision-making on health of refugees and migrants from around the world are inadequate. The WHO Health and Migratio

Sustainable development

Good Health and Well-being (SDG 3): To achieve a healthier population, improvements have been made in access to clean fuels, safe water, sanitation (WASH), and tobacco control. Greater focus is being placed on leading indicators for premature mortality and morbidity, such as tobacco, air pollution, road injuries, and obesity. Due to COVID-19, 94% of countries experienced disruption to essential health services. while 92 countries experienced little change or worsening trends in financial protection– exacerbated by the continuing pandemic. Emphasis on primary health care is essential to equitable recovery.

Climate change (SDG 13): The 10 recommendations in the COP26 Special Report on Climate Change and Health propose a set of priority actions from the global health community to governments and policymakers, calling on them to act with urgency on the current climate and health crises. The 2021 Global Conference on Health & Climate Change, with a special focus on Climate Justice and the Healthy and Green Recovery from COVID-19, convened on the margins of the COP26 UN climate change conference.

The SIDS Summit for Health in 2021 brought together small island developing states (SIDS) heads of states, ministers of health, and others to discuss the urgent health challenges and needs they face. It helped amplify SIDS voices, promote collaborative action, and strengthen health and development partnerships and financing. It included steps to advance ongoing health initiatives, and to help drive results at the UN Food Systems Summit in September 2021, the 26th Climate Change Conference (COP26) in November 2021, and the Nutrition for Growth Summits in December 2021 and the years following.

Strengthening Health Information Systems for Refugee- and Migrant-Sensitive Healthcare: Health information and research findings can provide a platform for understanding and responding to the health needs of refugees and migrants and for aligning the efforts of other sectors and sources of international assistance. However, the systematic national data and evidence comparable across countries and over time available for policy- and decision-making on health of refugees and migrants from around the world are inadequate. The WHO Health and Migratio

United Nations Conference on Trade and Development

Acronym: UNCTAD

Established: 1964

Address: Palais des Nations, Av. de la Paix 8-14, 1211 Geneva 10, Switzerland

Website: https://unctad.org/

Stakeholder group: International and regional organisations

UNCTAD is a UN body dedicated to supporting developing countries in accessing the benefits of a globalised economy more fairly and effectively. It provides analysis, facilitates consensus building, and offers technical assistance, thus helping countries use trade, investment, finance, and technology to support inclusive and sustainable development.

UNCTAD also works to facilitate and measure progress towards achieving the sustainable development goals (SDGs), through a wide range of activities in areas such as technology and innovation, trade, investment, environment, transport and logistics, and the digital economy. It places special emphasis on supporting the most vulnerable developing countries, including least developed countries (LDCs), landlocked developing countries (LLDCs), small island developing states (SIDS), and African countries to build resilience to economic shocks and to achieve structural economic transformation.

UNCTAD’s work often results in analyses, statistics, and recommendations that inform national and international policymaking processes, and contribute to promoting economic policies aimed at ending global economic inequalities and generating human-centric sustainable development.

Digital activities

UNCTAD is particularly active in the field of e-commerce, trade, and the digital economy, carrying out a wide range of activities from research and analysis to providing assistance to member states in developing adequate legislative and regulatory frameworks and facilitating international dialogue on the development opportunities and challenges associated with the digital economy.

UNCTAD also works to facilitate and measure progress towards achieving the SDGs, in particular through (but not limited to) its activities in the field of science, technology, and innovation (STI) for development. Consumer protection, gender equality, productive capacity building, and privacy and data protection are other digital policy areas where UNCTAD is active.

Digital policy issues

Data governance

As data has become a key resource in the digital economy, data governance is a fundamental part of the work of UNCTAD. This is illustrated, for example, in the research and analysis work of the Digital Economy Report 2019, which focused on the role of data as the source of value in the digital economy and how it is created and captured and the Digital Economy Report 2021, which analysed cross-border data flows and development. Moreover, some of UNCTAD’s work on e-commerce and digital trade touches specifically on privacy and data protection issues. For instance, the eCommerce and Law Reform work dedicated to supporting developing countries in their efforts to establish adequate legal frameworks for e-commerce also covers data protection and privacy among the key issues addressed. The Global Cyberlaw Trackers offers information on data protection laws in UNCTAD member states.

Also relevant for data governance discussions is UNCTAD’s work on statistics, as the organisation collects and analyses a wide range of data and statistics on issues such as economic trends,  international trade, investment, development, and the digital economy. UNCTAD’s statistical capacity development activities help countries enhance their statistical and data infrastructures and often address issues of data governance, such as statistical confidentiality, access to data, and privacy protection. UNCTAD also contributes actively to global work to enhance data governance in statistics and beyond and to develop universal principles to guide the collection, dissemination, use, and storage of data.

UNCTAD makes its data and statistics available as open-source in the UNCTADstat data centre. Statistics underpin UNCTAD’s analytical work and are featured in many publications. The UNCTAD Handbook of Statistics disseminates key messages from UNCTAD’s statistics including infographics and UNCTAD’s SDG Pulse offers statistical information on developments related to the 2030 Agenda for Sustainable Development. In addition, Development and Globalization Facts and Figures publications provide thematic updates on topical issues with the latest number focusing on SIDS. To provide timely information on the global economy and trade, UNCTAD Statistics publishes a weekly Trade and Economy Nowcast.

UNCTAD is also running several projects focused on improving the efficiency of data management for example by developing a plug-and-play system to compile Trade in Services Statistics, its activities in the Digitising Global Maritime Trade project, and by supporting customs operations with the Automated System for Customs Data. UNCTAD’s own statistical activities are governed by the UNCTAD Statistics Quality Assurance Framework, which is aligned with principles governing international statistical activities.

E-commerce and trade

UNCTAD’s work programme on e-commerce and the digital economy (ECDE Programme), encompasses several research and analysis, consensus-building, and technical assistance activities, as follows:

Research and analysis

UNCTAD conducts research and analysis on e-commerce and the digital economy and their implications for trade and development. These are mainly presented in its flagship publication, the Digital Economy Report (known as the Information Economy Report until 2017), and in its Technical Notes on ICT for Development. The Technology and Innovation Report, another flagship publication, highlights the need to build science, technology, and innovation capabilities as prerequisites to enabling developing countries and LDCs to adopt and adapt frontier technologies, including digital technologies.

Consensus building on e-commerce and digital economy policies

UNCTAD’s Intergovernmental Group of Experts on E-commerce and the Digital Economy meets regularly to discuss ways to strengthen the development dimension of e-commerce and the digital economy. The group’s meetings are usually held in conjunction with UNCTAD eWeek an annual event hosted by UNCTAD featuring discussions on development opportunities and challenges associated with the digital economy.

UNCTAD also serves as a knowledge partner to the deliberations of the G20 Digital Economy Working Group on Data Free Flow with Trust and Cross-border Data Flows.

Under the auspices of the UN Commission on Science and Technology for Development (CSTD), UNCTAD provides substantive work on the follow-up to the World Summit on the Information Society (WSIS) – a unique two-phase UN summit that was initiated to create an evolving multistakeholder platform to address the issues raised by information and communications technologies (ICTs) through a structured and inclusive approach at the national, regional, and international levels.

To that end, the CSTD:

  • Reviews and assesses progress at the international and regional levels in the implementation of action lines, recommendations, and commitments contained in the outcome documents of the Summit.
  • Shares best and effective practices and lessons learned and identifies obstacles and constraints encountered, and actions and initiatives to overcome them alongside important measures for further implementation of the Summit outcomes.
  • Promotes dialogue and fosters partnerships, in coordination with other appropriate UN funds, programmes and specialised agencies, to contribute to the attainment of the Summit.
  • Monitors objectives and the implementation of its outcomes and the use of ICTs for development and the achievement of internationally agreed development goals, with the participation of governments, the private sector, civil society, the UN, and other international organisations in accordance with their different roles and responsibilities.

E-Commerce assessments and strategy formulation

The eTrade Readiness Assessments (eT Readies) assist LDCs and other developing countries in understanding their e-commerce readiness in key policy areas to better engage in and benefit from e-commerce. The assessments provide recommendations to overcome identified barriers and bottlenecks to growth and enjoying the benefits of digital trade.

UNCTAD’s work on ICT policy reviews and national strategies involves technical assistance, advisory services, diagnostics, and strategy development on e-commerce, and national ICT planning at the request of governments. Through an analysis of the infrastructural, policy, regulatory, institutional, operational, and socio-economic landscape, the reviews help governments to overcome weaknesses and bureaucratic barriers, leverage strengths and opportunities, and put in place relevant strategies.

Legal frameworks for e-commerce

UNCTAD’s e-commerce and law reform work helps to develop an understanding of the legal issues underpinning e-commerce through a series of capacity-building workshops for policymakers at the national and regional levels. Concrete actions include assistance in establishing domestic and regional legal regimes to enhance trust in online transactions, regional studies on cyber laws harmonisation, and the global mapping of e-commerce legislation through its Global Cyberlaw Tracker.

Measuring the information economy

UNCTAD’s work on measuring the information economy includes statistical data collection and the development of methodology, as well as linking statistics and policy through the Working Group on Measuring E-commerce and the Digital Economy, established by the Intergovernmental Group of Experts on E-Commerce and the Digital Economy. Figures are published in the biennial Digital Economy Report and the UNCTADstat Data Centre. Technical cooperation here aims to strengthen the capacity of national statistical systems to produce better, more reliable, and internationally comparable statistics on the following issues: ICT use by enterprises, size and composition of the ICT sector, and e-commerce and international trade in ICT-enabled services.

Smart partnerships through eTrade for all

The eTrade for all initiative (eT4a) is a global collaborative effort of 35 partners to scale up cooperation, transparency, and aid efficiency towards more inclusive e-commerce.  Its main tool is an online platform (etradeforall.org), a knowledge-sharing and information hub that facilitates access to a wide range of information and resources on e-commerce and the digital economy. It offers a gateway for matching the suppliers of technical assistance with those in need. Beneficiaries can connect with potential partners, and learn about trends,  best practices,  up-to-date e-commerce indicators,  and upcoming events all in one place. The initiative also acts as a catalyst of partnership among its members for increased synergies. This collaboration has concretely translated into the participation of several eT4a partners as key contributors to the various UNCTAD e Week organised by UNCTAD and in the conduct and review of eTrade Readiness Assessments.

Market access and rules of origin for least developed countries

LDCs are granted preferential tariff treatment in the markets of developed and developing countries under several schemes and arrangements. Since its inception, UNCTAD has assisted governments in developing preferential rules of origin (RoO). UNCTAD assists governments and regional economic communities, as well as the AfCFTA Secretariat, in negotiating and drafting their RoO. Most recently, UNCTAD’s technical assistance has focused on the implementation of the World Trade Organization’s (WTO’s) 2005 Hong Kong decision on Duty-free, Quota-free (DFQF) market access, and understanding and drafting RoO.

UNCTAD has undertaken extensive research on DFQF and RoO. The UNCTAD Database on the African Continental Free Trade Area (AfCFTA) provides information on trade statistics, rules of origin, and tariff offers under AfCFTA at the Harmonized Commodity Description and Coding System (HS) subheading (6-digit) level The Harmonized Commodity Description and Coding System – commonly known as the Harmonized System or HS – is an internationally standardised nomenclature for the description, classification, and coding of goods.. The database enables automatic data visualisation to create a snapshot of the object of interest and matching trade statistics within the AfCFTA tariff offers, and product-specific rules of origin where available.

The UNCTAD Generalized System of Preferences (GSP) utilisation database provides information on the utilisation of the GSP schemes as well as other trade preferences granted to developing countries and LDCs under GSP, DFQF arrangements, and trade preferences under reciprocal free trade agreements (FTAs).

UNCTAD serves as co-lead of the

Consumer protection Consumer protection and competition are jointly addressed in the work of UNCTAD

Through its Competition and Consumer Policies Programme, UNCTAD works to assist countries in improving their competition and consumer protection policies. It provides a forum for intergovernmental deliberations on these issues; undertakes research, policy analysis and data collection; and provides technical assistance to developing countries. The Intergovernmental Group of Experts on Consumer Protection Law and Policy monitors the implementation of the UN Guidelines for Consumer Protection, and carries out research and provides technical assistance on consumer protection issues (including in the context of e-commerce and the digital economy). UNCTAD’s work programme on consumer protection is guided, among others, by the UN Conference of Competition and Consumer Protection (held every five years).

Given the significant imbalances in market power in the digital economy, competition policy is becoming increasingly relevant for developing countries. UNCTAD addresses this issue in the Intergovernmental Group of Experts on Competition Law and Policy.

UNCTAD also runs the Research Partnership Platform, aimed at contributing to the development of best practices in the formulation and implementation of competition and consumer protection laws and policies.

UNCTAD serves as co-lead of the

World Trade Organization

Acronym: WTO

Established: 1995

Address: Centre William Rappard, Rue de Lausanne 154, 1211 Geneva 21, Switzerland

Website: https://www.wto.org/

Stakeholder group: International and regional organisations

WTO is an intergovernmental organisation that deals with the rules of trade among its members. Its main functions include administering WTO trade agreements, providing a forum for trade negotiations, settling trade disputes, monitoring national trade policies, providing technical assistance and training for developing countries, and ensuring cooperation with other international organisations.

WTO members have negotiated and agreed upon rules regulating international trade, fostering transparency and predictability in the international trading system. The main agreements are the Marrakesh Agreement Establishing the WTO, the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement).

Digital activities

Several internet governance and digital trade policy-related issues are discussed in WTO. E-commerce discussions are ongoing under the Work Programme on Electronic Commerce and among a group of 90 WTO members currently negotiating e-commerce rules under the Joint Statement Initiative (JSI) on E-commerce. Discussions focus on several digital issues, including data flows and data localisation, source code, cybersecurity, privacy, consumer protection, capacity building, and customs duties on electronic transmissions.

As part of its outreach activities, WTO organises numerous events such as the Aid for Trade Global Review and an annual Public Forum, which brings together governments, non-governmental organisations (NGOs), academics, businesses, and other stakeholders for discussions on a broad range of issues, including many relating to the digital economy.

Digital policy issues

Telecommunications

In 1997, WTO members successfully concluded negotiations on market access for basic telecommunications services, which resulted in new specific commitments in the sector for a significant part of  WTO  membership.  These negotiations also resulted in the Reference Paper, a set of regulatory principles for basic telecommunication services that various members have inscribed in their schedules of commitments. Since 1997, the number of members that have undertaken market access commitments on telecommunications and subscribed to the Reference Paper has continued to increase as a result of new governments joining WTO through the process of accession. Under the JSI negotiations, participants are discussing a proposal that seeks to update the provisions of the Reference Paper.

Digital standards The issue of digital standards is addressed as ‘standards and regulations’ within the work of WTO.

International standards are important to the global digital economy as they can enable interconnectivity and interoperability for telecommunications and internet infrastructures. The WTO Technical Barriers to Trade Agreement (TBT Agreement) aims to ensure that technical regulations, standards, and conformity assessment procedures affecting trade in goods (including telecommunications products) are non-discriminatory and do not create unnecessary obstacles to trade. The TBT Agreement strongly encourages that such regulatory measures be based on relevant international standards. The TBT Committee serves as a forum where governments discuss and address concerns with specific regulations, including those affecting digital trade. Examples of relevant TBT measures notified to or discussed at the TBT Committee include (1) measures addressing the internet of things (IoT) and related devices in terms of their safety, interoperability, national security/cybersecurity, performance, and quality; (2) measures regulating 5G cellular network technology for reasons related to, among others, national security and interoperability; (3) measures regulating 3D printing (additive manufacturing) devices; (4) measures regulating drones (small unmanned aircraft systems) due to risks for humans/consumers, interoperability problems, and national security risks; and (5) measures dealing with autonomous vehicles, mostly concerned with their safety and performance.

Cybersecurity

Cybersecurity issues have been addressed in several WTO bodies. For example, the TBT Committee has discussed national cybersecurity regulations applicable to information and communications technology (ICT) products and their potential impact on trade. In the TBT Committee, WTO members have raised specific trade concerns related to cybersecurity regulations. Some of the specific issues discussed include how cybersecurity regulations discriminating against foreign companies and technologies can negatively impact international trade in ICT products. Proposals on cybersecurity have also been tabled in the JSI on e-commerce where negotiations are ongoing.

Data governance

The growth of the global digital economy is fuelled by data. Discussions on how provisions of WTO agreements apply to data flows are ongoing among WTO members. In this context, is particularly relevant, as it applies to trade in services such as (1) data transmission and data processing by any form of technology (e.g. mobile or cloud technologies); (2) new ICT business models such as infrastructure as a service (IaaS); (3) online distribution services e.g. (e-commerce market platforms); and (4) financial services such as mobile payments. The extent to which members can impose restrictions on data or information flows affecting trade in services is determined by their GATS schedules of commitments. Under the JSI, proposals on cross-border data flows have been submitted and are being discussed. These proposals envision a general rule establishing the free flow of data for commercial activities. Proposed exceptions to this general rule are, to a large extent, similar to the existing GATS General and Security Exceptions and relate to, for example, protection of personal data, protection of legitimate public policy objectives, national security interests, and exclusion of governmental data. Issues related to data flows have also been raised by members in other contexts at the WTO, such as in the Council for Trade in Services, for instance, when national cybersecurity measures adopted have been considered by some members as trade barriers.

Intellectual property rights

The TRIPS Agreement is a key international instrument for the protection of IP and is of relevance to e-commerce. The technologies that underpin the internet and enable digital commerce such as software, routers, networks, switches, and user interfaces are protected by IP. In addition, e-commerce transactions can involve digital products with IP-protected content, such as e-books, software, or blueprints for 3D-printing. As IP licences often regulate the usage rights for such intangible digital products, the TRIPS Agreement and the international IP Conventions provide much of the legal infrastructure for digital trade.

These conventions include:

The role of IP in promoting innovation and trade in the digital age has been highlighted in recent WTO World Trade Reports.

IP-related issues are also being discussed in the JSI. Submitted proposals include text on limiting requests to the access or transfer of source code. The source code or the data analysis used in the operation of programmes or services is often legally protected by IP law through copyright, patent, or trade secret provisions. The main goal of the JSI proposals on access to source code is to prevent members from requiring access or transfer of the source code owned by a national of another member state as a condition for market access. Some exceptions to this general prohibition have also been proposed. For example, for software that is used for critical infrastructures and public procurement transactions.

Electronic commerce

WTO agreements cover a broad spectrum of trade topics, including some related to e-commerce, which has been on the WTO agenda since 1998 when the ministers adopted the Declaration on Global Electronic Commerce. The Declaration instructed the General Council to establish a Work Programme on electronic commerce. In that Declaration, members also agreed to continue the practice of not imposing customs duties on electronic transmissions (the ’moratorium’). The Work Programme provides a broad definition of e-commerce and instructs four WTO bodies (Council for Trade in Goods; Council for Trade in Services; TRIPS Council; and the Committee on Trade and Development) to explore the relationship between WTO Agreements and e-commerce. The Work Programme and the moratorium on customs duties on electronic transmissions have been periodically reviewed and renewed. At its recently concluded 12th Ministerial Conference (MC12) in June 2022, WTO members agreed to reinvigorate the Work Programme, particularly in line with its development dimension, and to intensify discussions on the moratorium, including on its scope, definition, and impact. Furthermore, members agreed to extend the moratorium on customs duties on electronic transmissions until MC13. WT/MIN(22)/32; WT/L/1143

At MC11 in 2017, a group of members issued the Joint Statement Initiative (JSI) on E-Commerce to explore work towards future WTO negotiations on trade-related aspects of e-commerce. Following the exploratory work, in January 2019, 76 members confirmed their ‘intention to commence WTO negotiations on trade-related aspects of electronic commerce’ and to ‘achieve a high standard out- come that builds on existing WTO agreements and frameworks with the participation of as many WTO members as possible’. Negotiations are continuing among 90 members 90 Members as of end of October 2023: Albania; Argentina; Australia; Austria; Bahrain, Kingdom of; Belgium; Benin; Brazil; Brunei Darussalam; Bulgaria; Burkina Faso; Cameroon; Canada; Chile; China; Colombia; Costa Rica; Côte D’Ivoire; Croatia; Cyprus; Czech Republic; Denmark; Ecuador; El Salvador; Estonia; Finland; France; Gambia, Georgia; Germany; Greece; Guatemala;Honduras; Hong Kong, China; Hungary; Iceland; Indonesia; Ireland; Israel; Italy; Japan; Kazakhstan; Kenya; Korea, Republic of; Kuwait, the State of; Kyrgyz Republic;the State of; Lao People’s Democratic Republic; Latvia; Liechtenstein; Lithuania; Luxembourg; Malaysia; Malta; Mauritius; Mexico; Moldova, Republic of; Mongolia; Montenegro; Myanmar; Netherlands; New Zealand; Nicaragua; Nigeria; North Macedonia; Norway; Oman; Panama; Paraguay; Peru; Philippines; Poland; Portugal; Qatar; Romania; Russian Federation; Saudi Arabia, Kingdom of; Singapore; Slovak Republic; Slovenia; Spain; Sweden; Switzerland; Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; Thailand; Turkey; Ukraine; United Arab Emirates; United Kingdom; United States; and Uruguay and are structured under five broad themes, namely enabling e-commerce, openness and e-commerce, trust and e-commerce, cross-cutting issues, and telecommunications. JSI participants have reached a high degree of convergence on e-authentication and e-signatures, e-contracts, open government data, online consumer protection, unsolicited commercial electronic messages (spam), transparency, open internet access, paperless trading, cybersecurity, electronic transactions frameworks, e-invoicing and single windows. Negotiations on electronic transactions frameworks, source code, cybersecurity, electronic invoicing, privacy, telecommunications, and customs duties on electronic transmissions continue. On the margins of the MC12, the co-convenors of the JSI (Australia, Japan, and Singapore), issued a statement underlining the importance of developing global rules on e-commerce and, together with Switzerland, launched the E-commerce Capacity Building Framework to strengthen digital inclusion and to help developing and least developed countries to harness the opportunities of digital trade.

Access The issue of arbitration is referred to under the issue of ‘market access’ within the work of WTO.

Information Technology Agreement (ITA-I and ITA-II)

The ITA-I was concluded by 29 participants in 1996. Through this agreement, participating WTO members eliminated tariffs and other duties and charges (ODCs) on hundreds of ICT products – including computers, laptops, servers, routers, communication devices (i.e. mobile telephones),  semiconductors, semiconductor manufacturing equipment and parts thereof – to foster the development of ICT global value chains and facilitate greater adoption of the ICT products that lie at the core of a global digital economy and power the downstream innovative and competitive capacity of every industry that deploys them. Currently, 83 WTO members are participants in ITA-I, accounting for approximately 97% of world trade in ITA-I products. As technology continues to evolve, ICT is found at the core of an ever-increasing range of products. At the MC10 in Nairobi in 2015, over 50 WTO members concluded ITA-II negotiations and agreed to expand the ITA product coverage by around 200 products. ICT products such as GPS navigation equipment, satellites, and medical equipment were included and tariffs on these products have been eliminated among ITA-II participants. At present, the ITA-II consists of 55 WTO members, representing over 90% of world trade in ITA-II products. The ITA is being discussed in the JSI under the market access focus group.

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