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facing the nation in using the all-risk approach and broadly outlines the way by which
the objectives are to be implemented.
Article 2: National strategy
Member States shall adopt such strategies as they deem appropriate and adequate to
implement the national cyber security policy, particularly in the area of legal reform and
development, awareness-raising and capacity-building, public-private partnership,
international cooperation, etc. Such strategies shall define organizational structures, set
objectives and timeframes for successful implementation of the cyber security policy
and lay the foundation for effective management of cyber security incidents and of
international cooperation.
Chapter 2: Legal measures
Article III – 1 – 1: Laws against cyber crime
Each Member State shall adopt such legislative measures as it deems effective to set
up material criminal offenses as acts which affect the confidentiality, integrity, availability
and survivability of ICT systems and related infrastructure networks; as well as effective
procedural measures for the arrest and prosecution of offenders. Member States shall
take into account the approved language choice in international cyber crime legislation
models such as the language choice adopted by the Council of Europe and the
Commonwealth of Nations where necessary.
Article III – 1 – 2: Statutory authorities
Each Member State shall adopt such legislative measures as it deems necessary to
confer specific responsibility on institutions, be they newly established or pre-existing,
as well as on the designated officials of the said institutions, with a view to conferring on
them a statutory authority and legal capacity to act in all aspects of cyber security
application, including but not limited to response to cyber security incidence and
coordination in the field of restorative justice, forensic investigations, prosecution, etc.
Article III – 1 – 3: Democratic principles
In adopting legal measures in the realm of cyber security and establishing the
framework for implementation thereof, each Member State shall ensure that the
measures so adopted will not compromise the rights of citizens guaranteed by their
national constitution and protected by international conventions, especially the African
AU Draft0 010111