In recent years, Bosnia and Herzegovina has seen a consistent increase in the rate of Internet absorption along with a continuous extension of broadband access across urban and rural areas. As a potential EU candidate country, Bosnia has recently developed a burgeoning drive to advance the country’s digital and cyber capabilities in line with those of the European Union; ‘smart growth’ is notably included as one of the national priorities under the 2015 Strategic Framework. That said, the institutional, regulatory, and operational framework that would enable the realisation of this ambition is still nascent and the progress in many policy areas is undermined by the complexity of the distribution of powers between the central government and two entities: the Federation of Bosnia and Herzegovina and the Republika Srpska. In 2017, Bosnia formally adopted the Policy of Electronic Communications of Bosnia and Herzegovina 2017-2021, which is largely aligned with the Digital Agenda of Europe [x]. This vision of a Bosnian digital society is a key milestone for the country’s emerging cyber diplomatic apparatus as it clearly identifies the foundational pillars of the country’s ICT ecosystem, which in turn will assist in bringing it into closer alignment with European cyber priorities.

Brazil is the world’s eighth largest economy in terms of GDP, and by far South America’s most populous and powerful state. While the country has suffered economic and political crises since 2014, it has made significant advances in domestic digitization and played a pivotal, albeit ambiguous role in international negotiations on cyberspace. Brazil has the world’s fifth largest internet user base, after China, India, the United States and Indonesia, and is a leading country in South America when it comes to ICTs usage. The share of Brazilians using the internet has increased from less than 3% of the population in 2000 to more than 68% in 2019. As such, Brazil remains a critical partner for the EU’s efforts to build a secure, stable and rights-based cyberspace.

In October 2021, North Macedonia became one of the first countries among the Western Balkans partners to issue a digital ID to its citizens [x]; the deployment of the digital identity project is only indicative of the country’s turn towards digitalisation and e-government. With a total population of about 2.08 million, Internet penetration in North Macedonia stands at 84%, while data shows that there are about 2.25 million cellular mobile connections. [x] The rapid drive towards digitalisation, but also its accompanying risks and vulnerabilities, are accounted for by the 2022 Cybersecurity Strategy, the country’s first comprehensive cybersecurity strategy. The document largely reflects the country’s European ambitions and is explicitly based on the “principles of the Cybersecurity Strategy of the European Union and the NATO Cyber Defence Pledge”.

At the first substantive session of the 2021-2025 UNGGE, recalling its status as a potential candidate of the EU, Bosnia and Herzegovina aligned itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Nevertheless, it has consistently refrained from aligning itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29.

In accordance with the output produced by the 2013, 2015, and 2021 consensual reports of the United Nations Groups of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (UNGGE), Brazil believes that international law enjoys general applicability in cyberspace. For Brazil, this also includes international humanitarian law and international human rights law. Nevertheless, Brazilian delegations have expressed concern that unqualified transfers of international humanitarian law and an unlimited right of self-defence could legitimise cyberspace as a military domain, while also challenging the protective value of sovereignty and cementing a Western-biased status quo.

At the first substantive session of the 2021-2025 UNGGE, recalling its candidate status, North Macedonia aligned itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] North Macedonia has also consistently aligned itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29.

At the first substantive session of the 2021-2025 UNGGE, Bosnia and Herzegovina aligned itself with the EU’s position that the previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus, form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x]. In 2018, however, it voted in favour of Russian-sponsored resolution A/73/27, which launched the Open-Ended Working Group (OEWG) format.

Brazilian diplomats portray Brazil’s role in the often polarised debates on norms of responsible state behaviour as that of a broker or strategic bridge-builder between the different camps rather than a mere ‘swing state’ and highlight that balancing between both camps serves to maintain an independent foreign policy. Brazil sought to focus its chairmanship of UN GGE’s third and fourth iterations on three issues: the role of civilians in cyber conflict, the right to respond, and attribution. Since the 2013 Snowden revelations, the country has been a stark champion of data protection, showcasing exceptional norm entrepreneurship
in relation to cyber-surveillance norms. Brazil has also expressed support for the proposal of adopting a legally binding instrument in the medium to long-term to prevent the militarisation of cyberspace.

At the first substantive session of the 2021-2025 UNGGE, North Macedonia aligned itself with the EU’s position that the previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus, form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x]. North Macedonia was also the only EU candidate country to have co-sponsored the 2020 Programme of Action (PoA), which explored the possibility of ending the dual-track discussions (UNGGE/OEWG) in favour of a permanent UN forum.

The country has no overarching cybersecurity strategy. Elements of strategic contemplation over cybersecurity can be found within the Criminal Code, which criminalises critical infrastructure damage (including that of information systems) as an act of terrorism. The 2015-2020 Strategy for Prevention and Combating Terrorism reiterates an objective laid out in earlier documents regarding the setup of a dedicated national CERT that will develop and implement monitoring and response mechanisms vis-a-vis the misuse of the Internet for terrorist purposes. Bosnia and Herzegovina has been exploring potential avenues of cooperation with NATO, especially in relation to common solutions to security challenges in the area of cyber defence [x], while Bosnian scientists have also participated in the NATO SPS Programme. Finally, as a member state of the OSCE, Bosnia and Herzegovina is required to implement the OSCE’s 16 Confidence Building Measures (CBMs) as adopted by the OSCE Permanent Council.

Brazil’s 2020 National Cybersecurity Strategy (E-Ciber) outlines ten strategic actions to be undertaken in relation to cyber resilience, which include the extension of international cooperation and the enhancement of protection for critical infrastructure. The Strategy pledges Brazil to encourage international cooperation in cybersecurity, participate in joint cyber resilience events and exercises, and expand cybersecurity cooperation agreements. On the level of discourse, Brazil remains committed to international cyber cooperation in resilience, staying true to its traditional stance in favour of multilateral solutions.

The 2018-2022 Cybersecurity Strategy dedicates a full section to cyber resilience and the protection of ICT infrastructure. The stated objectives include expanding the capabilities of the national CERT (MKD-CIRT), identifying types of critical infrastructure, developing national procedures for cyber crisis management, developing incident reporting and monitoring mechanisms, and establishing a single and comprehensive legal framework for cyber resilience. In 2021, upon joining NATO, North Macedonia signed a Memorandum of Understanding aiming at enhancing cyber defence cooperation between NATO and the country’s defence authorities; the MoU particularly focuses on information-sharing, exchanging best practices, and increasing resilience. [x]

Bosnia and Herzegovina is a party to the Budapest Convention on Cybercrime, officially acceding in 2006. As of 2019, however, domestic legislation at the state level had only been partially harmonised with Budapest provisions [x]. The country voted against the Russian-sponsored UN resolution that launched the institutional procedure for a new legal instrument on international cybercrime cooperation. Bosnian law enforcement regularly cooperates with Europol and is due to open negotiations for a cooperation agreement with Eurojust [x].

Brazil originally refrained from signing the Budapest Convention on Cybercrime and had expressed scepticism in response to invitations to accede. The argument advanced was that the treaty is Western-biased and lacking in inclusivity, given that Brazil was not part of the original drafting process. During voting for UNGA Resolution A/74/401, the Russian-sponsored proposal for a new binding Cybercrime Convention, Brazil abstained; during meetings with the BRICS leaders, however, Brazil had endorsed Russian pleas for a new cybercrime instrument to replace the Budapest regime. Upon invitation by the Council of Europe, Brazil finally initiated the process of accession to the Convention in December 2019 and is now an observer country.

North Macedonia has ratified the Budapest Convention and its Additional Protocol [x]. Nevertheless, full harmonisation of the Macedonian legal regime with Budapest provisions is still a primary issue. In terms of institutional setup, analysis has pointed out that North Macedonia is lagging behind compared to other countries in the Western Balkans [x]. That said, the 2018-2022 Cybersecurity Strategy identifies several priorities regarding the “prevention, research, and adequate response” to cybercrime. These include: harmonising the national with international policies; developing a single, comprehensive legal framework for cybercrime; modernising authorities in charge of cybercrime; establishing formal procedures of information exchange; participating actively in the creation of international cybercrime regulations and standards, as well as their implementation on a national level; and providing continuous education and training for law enforcement entities in the field of cybersecurity, cybercrime, and electronic evidence. The country’s law enforcement authorities regularly cooperate with Europol, following the conclusion of a strategic agreement in 2007 and an operational agreement in 2011. [x]