The International Convention against Cybercrime, recently signed by the United Nations (UN), could be a basis for guaranteeing technological security, without having to resort to the Budapest Convention, which is leaving several countries (including China and its Huawei brand) out of the 5G race in Costa Rica. At least that is the expectation shown by Wang Xiaoyao, the Asian giant’s new ambassador in San José.
Among the issues that receive the representatives is, precisely, the technological dispute, which has already escalated both to judicial channels and to diplomatic claims.
“Generally speaking, we believe that to address differences on the 5G issue between both sides, the principle would be mutual respect and addressing it on the basis of facts and data. That is, with bases to address this issue and not political accusations,” alleges the new representative. Along these lines, she insists that the new document would provide minimum lines for joint work.
“We believe that compared to other more regional documents or agreements, this Convention, which is going to be adopted in the General Assembly in September, can better address and respond to Costa Rica’s concerns,” she adds.
“We believe that, being equal member countries of the UN, China and Costa Rica can better address this issue within the framework of this convention. This convention can better respond to Costa Rica’s concerns about cyberattacks,” Xiaoyao added.
At that point, the diplomat returned to the observations on the Budapest Convention. There are large economies that have not signed it and among the members, there are several that maintain ties with China. “Among the 75 parties to this agreement, the vast majority maintain very fluid cooperation with Chinese companies,” added Ambassador Xiaoyao. “It would be a better document to respond to Costa Rica’s concerns for this convention,” concluded.
United States and Huawei
In addition to the technological vein, Wang brings into the equation the differences between China and the United States, with the role of the Huawei company being one of the most questioned.
“This issue concerns many facets. And we know that in recent years the US has spared no effort in condemning Huawei,” she said. “We also know that the US is putting pressure on its allies to exclude Huawei,” added Wang Xiaoyao. In this regard, she defends that the firm has already operated without problems at the national level.
“Our position is that we hope that the Costa Rican government can have a fair attitude towards Chinese companies. Before the establishment of diplomatic relations, Huawei was already in Costa Rica and has participated in the construction of networks here and has invested a lot of capital and also technology,” she said.
“The US sees China as an invented enemy”
Always in the controversy with Washington, the Chinese ambassador emphasizes that diplomacy should be governed by non-interference. “First, we do not interfere in the affairs of other countries and we also do not accept that other countries interfere in our affairs. And third, we do not interfere in the development of relations between our partner country and a third country,” he noted about Beijing.
“They are two large countries in the world and it is not possible that they do not relate to each other. And it is also unrealistic that one changes the other,” said the representative in San José, quoting President Xi Jinping. In this regard, she rejected that there is rivalry between countries.
“I think the conflicts and difficulties between China and the US is that the US always has a mentality of seeing the Chinese as its invented enemy and also seeing China as its competitor and even rival,” she said.
A year of controversy in Budapest
It was precisely in August 2023 when the dispute over the Budapest Convention began to heat up friction with China. During a visit to the United States, President Rodrigo Chaves presented some requirements of the 5G cartel, including the international agreement. The eventual impact of Huawei has been one of the most complained about factors; even presenting appeals that ended up rejected by Chamber IV.
An objective and impartial attitude
“We are waiting for the Costa Rican side to adopt an objective and impartial attitude in this matter. “May it persist in its independence and sovereignty and make a decision based on its own interests,” the Chinese delegation noted at other times.
In this regard, the Government has rejected the allegations, alleging that the cybersecurity criteria implemented are different. When consulted, the Minister of Science and Technology, Paula Bogantes, has defended that beyond the Budapest Convention there are other documents that will also regulate the possibility of companies entering the 5G race.
The decree details the weight given to these regulations. This highlights the OECD Policy Framework on Digital Security – Cybersecurity for Prosperity, as well as technical standards that include:
What is known about the new Agreement?
Regarding the International Convention against Cybercrime, in mid-August it was signed at the UN. In this regard, the Foreign Ministry issued a statement titled “Costa Rica celebrates that adoption of the first universal convention against cybercrime includes a human rights approach.”
It was explained that the instrument combines global cooperation, judicial assistance, training, and obtaining real-time data for research. The conversations started in 2020 and Costa Rica promoted the inclusion of elements of Human Rights and a gender perspective.
“The completion of this Convention is a historic step, as it is the first multilateral anti-crime treaty in more than 20 years and the first United Nations Convention against Cybercrime at a time when threats in cyberspace are growing rapidly”, said the executive director of the UN Office on Drugs and Crime, Ghada Waly.
