Working Paper
Committee: United Nations Office on Drugs and Crime
From: Delegate of Democratic Republic of Congo
To: EB
Topic: Combating the Dark Web and Transnational Crime Networks
Overview of the issue from DRC’s perspective-
1. The Democratic Republic of the Congo recognizes that there are transnational
criminal networks involved in drug trafficking, human trafficking, cybercrime, money
laundering, which have made illicit resource exploitation possible by the spread of the
dark web.
2. These networks exploit the existing cryptocurrency, anonymity, encrypted
communication, and jurisdictional gaps, which makes it harder for national authorities
to detect and prosecute them.
3. As a developing nation, the DRC faces difficulties, which include the lack of cyber-
forensic infrastructure, delays in obtaining digital evidence from nation-states, and
lack of technological capacity, compared to other developed nations.
4. The United Nations Convention against Transnational Organized Crime (UNTOC)
provides a legal framework for cooperation, but still effective enforcement is
hampered by poor implementation and trust issues.
Legal and Operational Challenges identified by the DRC-
1. The execution of the UNTOC Article 18 (Mutual Legal Assistance) to provide
immediate access to digital evidence is complicated by disparities in national
cybercrime laws.
2. Investigations and prosecutions are weakened by prolonged delays as digital
evidence frequently remain on foreign servers.
3. The ability of DRC to independently fight crime, which is enabled by the dark web,
is hampered by limited access to financial, technological, and training resources.
4. The concerns of the International Covenant on Civil and Political Rights (ICCPR)
regarding due process, data protection, and sovereignty reduce confidence in intel
sharing.
Specific Solutions Proposed by the DRC
1. Digital Evidence Sharing Mechanisms
To enable competent authorities to share evidence in an encrypted, timely as per
UNTOC Article 27 (Law Enforcement Cooperation), UNODC-coordinated secure
digital evidence exchange platforms to be established.
Develop consistent UNODC guidelines for the administration, transfer, and retention
of digital evidence, guaranteeing the effective implementation of UNTOC Article 18
(Mutual Legal Assistance) maintaining respect for national sovereignty.
Encourage rapid requests for digital mutual legal assistance via authorized national
contact points, reducing the procedural delays which helps criminals taking advantage
of jurisdictional procedure gaps.
To ensure due process and the right to privacy, ensure that all evidence-sharing
procedures adhere to Articles 14 and 17 of the International Covenant on Civil and
Political Rights (ICCPR).
2. Capacity-Building for Developing States
According to UNODC's capacity-building mandate, expand UNODC technical
assistance initiatives which provide training in cyber investigations, digital forensics,
dark web monitoring, and financial intelligence.
To support equitable implementation of UNTOC obligations, encourage technology-
sharing partnerships between cyber-capable states and developing states, including
access to forensic and investigative software.
Encourage the establishment of regional cybercrime response teams in accordance
with UNTOC Article 19 (Joint Investigations) to ease cross-border cooperation by
sharing resources, intelligence, and expertise.
3. Financial and Technological Disruption
According to UNTOC Article 7 (Measures to Combat Money Laundering) and
UNODC recommendations as per Financial Action Task Force (FATF)
recommendations, strengthen international cooperation on tracking illicit
cryptocurrency flows.
Advocate for Public-Private Partnerships with financial centres, cryptocurrency
platforms, and digital service providers to identify suspicious activity while ensuring
the adherence to the ICCPR due process and human rights standards.
To weaken the financial footing of transnational criminal networks and make it easier
for illicit proceeds to be transferred to affected states, enhance asset recovery, seizure,
and recovery procedures in accordance with UNTOC Articles 12 and 14.
4. Trust-Building and Shared Responsibility
Encourage regular UNODC-supervised peer analysis, negotiations and debates with
the objective of improving trust in evidence exchange, enforcement mechanisms, and
legal cooperation.
Encourage liable recognition and destruction of dark-web markets via UNODC-
facilitated Public-Private Partnerships, including Memorandums of Understanding
(MOUs) and joint task forces with IT firms and Internet Service Providers (ISPs).
Promote accountability and transparency actions to ensure that all states adhere to the
shared responsibility principle and prevent transnational criminal networks from
exploiting digital, financial, and technological frameworks and resources.
The Democratic Republic of the Congo emphasizes that uncoordinated national initiatives
aren’t merely enough against transnational crime enabled by the dark web. Member States
can close enforcement gaps, build trust among them, and guarantee justice and liability in the
cyberspace by enhancing the implementation of UN legal frameworks, building capacity for
developing states, and ratifying concrete UNODC-led procedures. The DRC also proposes
the UNODC to handle operational coordination and peer reviews, while the CCPCJ
supervises policy evaluation, best-practice sharing, and long-term monitoring.