Several countries, including EU member states, the United Kingdom, and the United States, have signed the world’s first legally binding treaty on artificial intelligence (AI), focusing on protecting human rights, democracy, and the rule of law. This treaty, known as the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law, was adopted on May 17, 2024, after two years of drafting and negotiation. It was opened for signature on September 5, 2024, during an informal conference of Council of Europe Ministers of Justice in Vilnius, Lithuania.
The treaty aims to ensure that activities within the lifecycle of AI systems are fully consistent with human rights, democracy, and the rule of law, while fostering technological progress and innovation. It covers the use of AI systems by both public authorities and private actors, including those acting on behalf of public authorities.
- Human-Centric AI: The treaty emphasizes a human-centric approach to AI, ensuring that AI systems respect human dignity, individual autonomy, equality, non-discrimination, privacy, transparency, accountability, and reliability.
- Risk-Based Approach: It adopts a risk-based approach, requiring risk and impact assessments for AI systems and the establishment of prevention and mitigation measures.
- Transparency and Oversight: The treaty mandates transparency in AI-generated content and interactions with AI systems, along with strengthened documentation, accountability, and remedies.
- Exemptions: The treaty includes exemptions for research and development activities and national security, but ensures that such activities respect international law and democratic institutions.
Implementation and Monitoring
The treaty will be implemented in the EU through the EU AI Act, which provides harmonized rules for the placing on the market, deployment, and use of AI systems. The European Commission will prepare a proposal for a Council decision to conclude the Convention, and the European Parliament will need to give its consent.
The Framework Convention establishes a follow-up mechanism, the Conference of the Parties, to monitor the implementation of its provisions. This conference will facilitate cooperation with relevant stakeholders and ensure compliance with the treaty.
This treaty is a significant development in global AI governance, marking the first legally binding international instrument on AI. It aligns with other international efforts, such as the EU AI Act, and is open for ratification to non-Council of Europe member states, making it potentially more attractive to a broader range of countries.
The negotiations involved a wide range of participants, including the European Commission, other Council of Europe member states, observer states, and non-member states like the United States, Canada, and Japan. Input from civil society, academia, industry, and other international organizations ensured a comprehensive and inclusive approach.
The treaty’s adoption reflects a growing international consensus on the need for common standards to regulate AI, ensuring that its development and deployment align with fundamental human rights and democratic values.
