Statement by Cuban Expert Juan Fernández González, to the 7th Meeting of the Working Group on Data Governance of the Commission on Science and Technology for Development.

Mr. President,

We want to thank everyone who contributed to the drafting and review of this new version of the draft report, as it represents a step forward in fulfilling the mandate entrusted to our Group by the United Nations General Assembly.

However, despite the clear progress, there are still some topics in this version that are poorly addressed or entirely omitted.

The draft acknowledges structural inequalities and power asymmetries but treats them primarily as technical or capacity gaps to be bridged, rather than as systemic features of the international order that cannot be resolved through technical measures or capacity-building alone.

The report also continues to avoid addressing the impact of Unilateral Coercive Measures (UCMs), —economic, financial, or trade restrictions imposed by one State to influence the policy of another—, that are contrary to international law, including the Charter of the United Nations, international human rights law, and the norms governing peaceful relations among States. Such measures impede the full achievement of economic and social development, with particularly severe consequences for developing countries.

The international community has consistently affirmed that UCMs are incompatible with the principles of multilateralism, dialogue, and mutual respect. For decades, the United Nations General Assembly has adopted successive resolutions—most recently A/RES/79/167, and previously A/RES/78/202, A/RES/77/214, A/RES/76/161, A/RES/75/181, and A/RES/74/154, among others—condemning such measures and reaffirming that no State may use economic or political measures to coerce another State in order to obtain the subordination of its sovereign rights.

These resolutions, together with the final documents of the World Summit on the Information Society and the resolutions on its follow-up that are approved every year at the CSTD, consistently urge all States to refrain from adopting, promulgating, or applying any unilateral economic, financial, or trade measures not in accordance with international law and the Charter of the United Nations that impede the full achievement of economic and social development. 

The recognition that such practices constitute major obstacles to the realization of the right to development and the 2030 Agenda for Sustainable Development was endorsed with the proclamation of December 4 as the International Day against Unilateral Coercive Measures.

In the contemporary context, the negative effects of UCMs extend profoundly into the digital domain. Restrictions on trade and financial transactions disrupt international data flows, impede access to cloud services, digital platforms, and critical technology, and isolate affected economies from the global digital ecosystem.

Such barriers stall digital transformation, constrain innovation, and widen the technological gap between nations, compounding existing inequalities.

In the case of Cuba, we are under the most cruel and prolonged economic, commercial, and financial blockade that any nation has ever suffered. These Unilateral Coercive Measures, intensified to unprecedented extremes with the imposition of an energy blockade, not only restrict our access to financing, technologies, and digital platforms, hindering our progress in digital transformation, but also pose a threat to the lives and well-being of all Cubans, as well as to the future of the country, denying us our right to development.

Therefore, it is unacceptable that the report fails to mention the negative effect that Unilateral Coercive Measures have on international data flows, and that they constitute a primary obstacle to achieving an inclusive and development-oriented international Data Governance.

On a related topic, the language regarding data sovereignty, although improved, does not fully affirm the principle that data generated within a state's territory falls under its exclusive jurisdiction.

Furthermore, the draft does not adequately address the inequitable distribution of value derived from data.

Finally, it does not recognize that the use of data in cyberspace for activities that affect the security of States may diminish the trust required for data governance.

To address these concerns, we propose the following amendments:

  • On structural inequalities: Reinforce the language in Chapter 5 and Chapter 1 to recognize that structural inequalities and power asymmetries are not merely technical gaps but systemic features that require more than technical measures and capacity-building to resolve.
  • On Unilateral Coercive Measures: Include a reference in Chapter 5, Section I, recognizing that structural barriers or policies that arbitrarily restrict a State's access to foundational technologies and global data flows undermine mutual trust and hinder equitable participation in the digital economy. Additionally, include a reference in Chapter 5, Section III.D, recognizing that an enabling environment for equitable development requires the removal of discriminatory barriers that restrict access to digital infrastructure and technologies.
  • On security and stability: Strengthen Section I.D in Chapter 5, to recognize that the use of data in cyberspace for activities that affect the security of States may diminish trust in data governance, and that shared norms and confidence-building measures are important for stability.
  • On data sovereignty: Strengthen the language in Chapter 2, Section VI, to affirm that data generated within a State's territory falls under its exclusive jurisdiction.
  • Finally, on equitable value distribution: Reinforce Chapter 3 to include concrete mechanisms for benefit-sharing that ensure the economic and social value generated by data contributes to the sustainable development of originating countries.

We will submit a written version of this statement, which will include an annex with specific textual proposals for each of these amendments.

We stand ready to work constructively to ensure this report reflects the realities and priorities of the Global South.

Thank you

 

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