Council of Europe adopts first international treaty on artificial intelligence (17 May 2024)

The Council of Europe has adopted the first-ever international legally binding treaty aimed at ensuring the respect of human rights, the rule of law and democracy legal standards in the use of artificial intelligence (AI) systems. The treaty, which is also open to non-European countries, sets out a legal framework that covers the entire lifecycle of AI systems and addresses the risks they may pose, while promoting responsible innovation. The convention adopts a risk-based approach to the design, development, use, and decommissioning of AI systems, which requires carefully considering any potential negative consequences of using AI systems.

The Council of Europe Framework Convention on artificial intelligence and human rights, democracy, and the rule of law was adopted in Strasbourg during the annual ministerial meeting of the Council of Europe's Committee of Ministers, which brings together the Ministers for Foreign Affairs of the 46 Council of Europe member states.

Council of Europe Secretary General Marija Pejčinović said: “The Framework Convention on Artificial Intelligence is a first-of-its-kind, global treaty that will ensure that Artificial Intelligence upholds people’s rights. It is a response to the need for an international legal standard supported by states in different continents which share the same values to harness the benefits of Artificial intelligence, while mitigating the risks. With this new treaty, we aim to ensure a responsible use of AI that respects human rights, the rule of law and democracy.”

The convention is the outcome of two years' work by an intergovernmental body, the Committee on Artificial Intelligence (CAI), which brought together to draft the treaty the 46 Council of Europe member states, the European Union and 11  non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America, and Uruguay), as well as representatives of the private sector, civil society and academia, who participated as observers.

The treaty covers the use of AI systems in the public sector – including companies acting on its behalf - and in the private sector. The convention offers parties two ways of complying with its principles and obligations when regulating the private sector: parties may opt to be directly obliged by the relevant convention provisions or, as an alternative, take other measures to comply with the treaty's provisions while fully respecting their international obligations regarding human rights, democracy and the rule of law. This approach is necessary because of the differences in legal systems around the world.

The convention establishes transparency and oversight requirements tailored to specific contexts and risks, including identifying content generated by AI systems. Parties will have to adopt measures to identify, assess, prevent, and mitigate possible risks and assess the need for a moratorium, a ban or other appropriate measures concerning uses of AI systems where their risks may be incompatible with human rights standards.

They will also have to ensure accountability and responsibility for adverse impacts and that AI systems respect equality, including gender equality, the prohibition of discrimination, and privacy rights. Moreover, parties to the treaty will have to ensure the availability of legal remedies for victims of human rights violations related to the use of AI systems and procedural safeguards, including notifying any persons interacting with AI systems that they are interacting with such systems.

As regards the risks for democracy, the treaty requires parties to adopt measures to ensure that AI systems are not used to undermine democratic institutions and processes, including the principle of separation of powers, respect for judicial independence and access to justice.

Parties to the convention will not be required to apply the treaty's provisions to activities related to the protection of national security interests but will be obliged to ensure that these activities respect international law and democratic institutions and processes. The convention will not apply to national defence matters nor to research and development activities, except when the testing of AI systems may have the potential to interfere with human rights, democracy or the rule of law.

In order to ensure its effective implementation, the convention establishes a follow-up mechanism in the form of a Conference of the Parties.

Finally, the convention requires that each party establishes an independent oversight mechanism to oversee compliance with the convention, and raises awareness, stimulates an informed public debate, and carries out multistakeholder consultations on how AI technology should be used. The framework convention will be opened for signature in Vilnius (Lithuania) on 5 September on the occasion of a conference of Ministers of Justice.

 Explanatory report of the Convention

PROPOSED AMENDMENTS - 

Thórhildur Sunna ÆVARSDÓTTIR

Pirate Party, Iceland Socialists, Democrats and Greens Group

Areas for improvement in the Draft Framework Convention and proposed amendments

Artificial Intelligence: Ensuring respect for democracy, human rights and the rule of law

"On 20 March 2024, the Committee of Ministers transmitted the draft Framework Convention on artificial intelligence, human rights, democracy and the rule of law to the Parliamentary Assembly and invited the latter to give an opinion.

"The Assembly is due to adopt such an Opinion during its next plenary Session (15-19 April 2024).

"Once the Assembly’s opinion has been received, the draft Framework Convention will be examined by the Ministers’ Deputies and transmitted to the Committee of Ministers for adoption at its Ministerial Session on 17 May 2024.

EPDS Provides Assessment of Pending Council of AI Treaty - Expresses Concerns about Scope, Clarity, and Lack of Clear Prohibitions (March 11, 2024)

OPEN LETTER TO COE AI CONVENTION NEGOTIATORS: DO NOT WATER DOWN OUR RIGHTS (25 Jan. 2024)

US NGOs Urge Secretary Blinken to Oppose Carve-outs for Private Sector, National Defense, and National Security in Global AI Treaty (January 24, 2024)

URGENT ACTION -Center for AI and Digital Policy Seeks Support for Citizens Declaration on the Council of Europe AI Treaty Negotiation. (January 23, 2024)

Reference: "EU prepares to push back on private sector carve-out from international AI treaty," Euractiv 10 January 2024

Council of Europe, Committee on AI, Draft Framework Convention on Artificial Intelligence Human Rights, Democracy, and the Rule of Law (18 December 2023)

(Sept. 5, 2023) - In advance of a drafting session for the Committee on AI of the Council of Europe, civil society organizations have urged member states to avoid references to "national security" that could weaken the first global treaty on AI. The mission of the Council of Europe is to promote democratic institutions, the rule of law, and fundamental rights. But civil society groups warn that proposed exemptions in the draft AI Treaty for national security could aid authoritarian governments.  They have recommended either (1) that national security not be mentioned at all, or (2) be referred to only as a legitimate ground for restrictions of the rights outlined in the AI Treaty that must be clearly established by law and be necessary and proportionate in a democratic society.

[Statement of the Conference of NGOs of the Council of Europe.]

Committee on Artificial Intelligence (CAI), Consolidated Working Draft of the Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law (7 July 2023) [published by the Chair and the Secretariat of the CAI]

Following Third Plenary Session, Committee on AI releases List of Decisions and Zero Draft.

The Committee noted that the Zero Draft is "a document prepared by the Chair and the Secretariat and does not reflect the final outcome of negotiations in the Committee."

REVISED ZERO DRAFT [FRAMEWORK] CONVENTION ON ARTIFICIAL INTELLIGENCE, HUMAN RIGHTS, DEMOCRACY AND THE RULE OF LAW

European Council - New EU priorities for a reinforced strategic partnership with the Council of Europe (CoE) on human rights, democracy and the rule of law (Jan. 30, 2023)

"Today, the Council of the European Union, the institution gathering the ministers of EU Member States, adopted the new priorities that will guide the cooperation between the EU and the CoE in the next two years. . . . Acceding to the European Convention on Human Rights will remain the EU core policy objective at the CoE. . . . Our cooperation agenda for the next two years also recognises the emergence of new topics in relation with human rights, such as advanced digital technologies, artificial intelligence, climate change and environmental protection. . . . the EU and the CoE stand united and determined to further build on each other’s strengths and competences to uphold and promote human rights, democracy and the rule of law in Europe and beyond." [MORE]

CAIDP Statement Regarding the Decision to Exclude Civil Society Organizations from the Drafting Group of the Council of Europe Committee on AI (Jan. 17, 2023)

"We are concerned about the recent decision to exclude civil society organizations, including CAIDP, from the drafting group for the COE AI Treaty. We have spent more than two years contributing actively and constructively to the work of the Council of Europe on Artificial Intelligence. We remain committed to the mandate of the Council of Europe Committee on AI. We will continue to express our views on the draft text. And we look forward to the adoption of a global treaty for AI that protects fundamental rights, democratic values, and the rule of law.” 

- Center for AI and Digital Policy

- AlgorithmWatch

- Global Partners Digital

- Fair Trials

In a letter addressed to Secretariat of the Committee on AI of the Council of Europe, civil society organizations have asked to observe the upcoming sessions of the Drafting Committee for the Council of Europe Convention on AI. At the most recent plenary session in Strasbourg, civil society organizations were denied the opportunity to actively participate in the drafting committee. Excerpts from the civil society letter:

• The [earlier decision] decision goes against the examples of good practice from the Council of Europe, the prior practice of the drafting of Convention 108+, and the CoE’s own standards on civil participation in political decision-making.
• Democratic governance requires fully open, inclusive, and transparent processes to ensure trust and accountability. 

We have created this informational page to provide access to the documents concerning the development of Council of Europe Treaty on AI, the relevant work of CAIDP and others, and to chart the important milestones as the proposal moves forward. 

In December 2021, the Council of Europe’s Ad Hoc Committee on Artificial Intelligence (CAHAI) published “Possible elements of a legal framework on artificial intelligence based on the Council of Europe’s standards on human rights, democracy and the rule of law.” The Possible Elements Report established the need for an international, legally binding treaty focused on AI. The Report laid the groundwork for the successive Committee on Artificial Intelligence (CAI). The CAI will build on the CAHAI’s recommendations and  elaborate an “appropriate legal instrument”, likely to lead to a transversal legally binding document by 2023.

The Second Plenary Meeting of the Committee on Artificial Intelligence (CAI) took place in Strasbourg, France and online on 21-23 September 2022.

During the meeting, the Committee examined a first draft of a convention on artificial intelligence, human rights, democracy and the rule of law. The focus was on developing common principles ensuring the continued seamless application and respect for human rights, democracy and the rule of law in a context where AI systems assist or replace human decision-making.

• Agenda
• List of Participants
• List of decisions
• Press release

The First Plenary Meeting of the Committee on Artificial Intelligence (CAI) took place in Rome, Italy and online on 4 – 6 April 2022.

• Agenda
• List of participants
• List of decisions
• Gregor Strojein - Presentation  

1438th meeting, Council of Ministers Deputies (30 June 2022)

Decision

The Deputies instructed the Committee on Artificial Intelligence to proceed speedily with the elaboration of a legally binding instrument of a transversal nature (“convention”/“framework convention”) on artificial intelligence based on the Council of Europe’s standards on human rights, democracy and the rule of law, in line with its terms of reference, focused on general common principles, conducive to innovation, and open to participation by non-member States, while taking into account other relevant existing international legal frameworks or those under development.

10.4 Committee on Artificial Intelligence (CAI)

Decision concerning the work of the CAI at the 132nd Session of the Committee of Ministers – Follow-up

132nd Session of the Committee of Ministers (20 May 2022)

Turin, Italy

The Council is now faced with one of the most crucial issues in today's society, namely the risks posed to human rights, democracy and the rule of law by the development and use of the artificial intelligence (AI).  AI is an opportunity and a challenge for our societies. Building on the work carried out by the Ad Hoc Committee on Artificial Intelligence (CAHAI), we will hopefully decide in May the tangible actions that the Council of Europe will undertake to help build a future in which the enormous potential of artificial intelligence will be at the service of human needs. [Document]