Copyrights of Vietnam News Agency
5, Ly Thuong Kiet Street , Hanoi, Vietnam
Hanoi, May 26 (VNA) – Regional Representative of the United Nations Office on Drugs and Crime (UNODC) for Southeast Asia and the Pacific, Delphine Schantz, recommended that countries should treat the UN Convention against Cybercrime (Hanoi Convention) as a ‘starting point,’ instead of an ‘end goal.’ She made the recommendation during an interview with the Vietnam News Agency’s correspondent.
VNA Correspondent: Vietnam has become the first
country in Southeast Asia and the third globally to ratify the Hanoi
Convention. In your view, what does this milestone signal about Vietnam’s
evolving role in international cooperation against cybercrime?
Vietnam was the first country in Southeast Asia - and only the third
in the world - to ratify the UN Convention against Cybercrime. Ratifying such
an instrument involves a review of its national legal framework, coordination
among relevant governmental entities and strong political commitment. Vietnam’s
efforts in a short period of time since the signing of the Convention last
October in Hanoi, should be commended. It set the standard for the Southeast
Asian region.
This milestone sets a benchmark for the Southeast Asian region,
which is grappling with serious and growing cybercrime challenges. These
include large-scale online scams, criminal compounds that have trapped
thousands of victims, sexual exploitation, and abuse of children online,
violence against women online, and money laundering through cryptocurrencies.
Addressing these threats demands a shared legal, judicial, and operational
response – one in which Vietnam will play an active role.
For UNODC, this achievement reflects a partnership built over
many years of collaboration with Vietnamese authorities on preventing and
responding to violence against women and children, investigating cybercrime,
handling digital evidence, and advancing legal reform.
VNA Correspondent: How do you assess the coordination among key international organizations such as the Inter-Parliamentary Union (IPU), INTERPOL, and UNODC in ensuring the Convention is translated into practical and effective action?
The three organizations have different mandates and when they
partner with each other, the results are more impactful. INTERPOL works at the
operational level connecting police forces, sharing intelligence, and
coordinating investigations across borders in real time. The
Inter-Parliamentary Union works with lawmakers, helping them understand what
changes their national laws require to comply with the Convention's
requirements. UNODC focuses on legal, institutional, and capacity building
response: helping countries strengthen their legal systems, train regulators,
law enforcement, and prosecutors.
This coordination works well in several areas such as joint
awareness raising campaigns, training programmes, knowledge sharing between
legislators and law enforcement, and developing common frameworks for tracking
progress. Having legislation in place is not enough if not adequately and
effectively implemented.
It will take all three organizations, and more, working together
to make digital spaces safer everywhere in the world.
From UNODC’s regional vantage point, how would
you assess the current level of readiness among Southeast Asian countries to
ratify and implement the Hanoi Convention?
Across Southeast Asia, countries are at different stages in
their responses to cybercrime. Some already have adopted robust cybercrime
laws, established experienced investigation units, and developed bilateral
agreements with other countries to share evidence, forfeit digital assets, and
cooperate on cases. Those countries will move toward ratification and
implementation relatively quickly. Others are still building those foundations
and might need more time and support.
It should be acknowledged however that there is a strong
political commitment across the region, as demonstrated in recent ASEAN
ministerial declarations. Cybercrime - especially the large-scale scam
operations that continue to cause significant harm to people and economies
across Southeast Asia - has become a priority concern for governments at the
highest level.
There is a consensus throughout the region to effectively
address the problem in all its dimensions, and the Convention offers the
adequate framework to respond to that aspiration.
While the political is present, the bigger challenge for most
countries remains technical and practical: building systems to identify, deter
and protect as well making cross-border cooperation effective. Those are
exactly the areas UNODC focuses on, and where investment over the coming years
will matter most.
VNA Correspondent: What are the most common challenges UNODC has
observed so far in translating the Convention’s provisions into national legal
frameworks and operational practices?
The challenges we see most often come down to a few recurring
areas.
First, drafting new laws highly technical can be a complex
process. Translating the Convention requirements into each country's existing
legal and judicial structure takes real expertise. The way legal terms are
defined can create problems when cases get to court or possibly impede mutual
legal assistance.
Second, many countries are updating their cybercrime laws and
privacy laws simultaneously, and these two areas often pull in different
directions. Law enforcement authorities need access to digital evidence to
investigate crimes, while individuals have a right to privacy. Striking the
right balance in legislation - and securing parliamentary approval - is
genuinely difficult, with no single solution that works for every country.
Third, laws must effectively protect people from the risks of
cybercrime. At the same time, it is essential to ensure that individuals,
particularly women and children, are not prosecuted for unintentional acts if
the law does not clearly provide for them.
Finally, no response to cybercrime will be effective without
well-trained officers. Investigators who understand digital evidence,
prosecutors who can build cybercrime cases and use international judicial
cooperation, judges who have sufficient knowledge of the offences. Laws can be
updated faster than skills can be built, and that gap is one of the most common
limiting factors we see across the region.
VNA Correspondent: From UNODC’s perspective, what concrete recommendations would
you offer to ensure the Hanoi Convention moves beyond commitment on paper to
effective implementation in practice across member states?
The most important recommendation is to treat implementation as
a long-term commitment, not a single event. Ratifying the Convention is
meaningful, but the real work comes after. Countries that set out clear plans,
setting out the responsibilities and allocating the related resources,
consistently do better than those that treat ratification as the end goal
rather than the starting point.
Second, commit to sustained and continuous capacity building for
investigators, prosecutors, and judges. Criminal methods evolve rapidly, and
the skills of those tasked with combating them must keep pace. This requires
ongoing investment of effort and resources.
Third, build the cooperation channels, not just the laws, which
mean enhancing both domestic coordination and international cooperation. The
Convention creates the legal basis for countries to work together - sharing
evidence, extraditing suspects, running joint investigations. But those
platforms of cooperation need to be actively built and maintained. The region
has existing frameworks and bodies through which this cooperation can happen,
and UNODC encourages member states to make full use of them.
Finally, engage the private sector as a genuine partner through
public-private partnerships. Technology companies and telecommunications
providers hold much of the digital evidence that investigations depend on.
Building clear, fair and transparent cooperation frameworks with those
companies, rather than treating them only as entities to be regulated,
strengthens the entire system. The countries that have invested in these
relationships have noticeably more effective anti-cybercrime responses as a
result.
Thank
you for your insights./.