recommends that Commonwealth countries should be encouraged to accede where
practicable to the Council of Europe Convention on Cybercrime (Budapest Convention).
11.
The Group additionally recognises that there are regional legal instruments and other
initiatives on cybercrime at various stages toward completion in several regions containing
Commonwealth countries. The Group recommends that, insofar as it is possible to do so
without prejudicing other forms of cooperation, Commonwealth countries should consider
becoming party to and participating in regional conventions and initiatives on cybercrime, in
order to ensure further coordinated action.
12.
The Group noted that the Commonwealth Model Law on Computer and ComputerRelated Crime is modelled after the Budapest Convention and recommends its adoption by
member countries that have yet to develop comprehensive legislation on cybercrime. The
revised Harare Scheme is also considered a useful tool for cooperation for member
countries to reflect in their national legislation.
13.
In considering effective national regimes against cybercrime, the Group recommends
that member countries should be encouraged to develop and implement all the components
of an effective and adequately resourced response to cybercrime, including: secure
infrastructure; appropriate capacity in prevention; investigation; prosecution and in the
judiciary; and cooperation between the public and private sectors. The Group identified
several international organisations and Commonwealth bodies which provide capacity
building and technical assistance in this area. It notes that the Secretariat has a continuing
role to play in combating cybercrime, particularly (though not exclusively) through its
Commonwealth Cybercrime Initiative (CCI). The CCI operating framework is attached at
Annex B.
14.
In its third part, the report considers cybercrime training in more detail. The Group
found that it would not be feasible to include in its report a comprehensive catalogue of
training products, as such a list would inevitably be incomplete and almost immediately out
of date. The Group instead proposes a strategic model for training, a training model for the
Commonwealth, and practical recommendations for use when conducting cybercrime
training. Amongst its key findings are that a basic level of cybercrime training should be
provided to all criminal justice actors, and that, given the interconnected strategic elements
in combating cybercrime, needs assessments engaging all stakeholders as well as
international organisations already involved in-country should precede sustainable
responses from training projects.
Developments since SOLM 2013
15.
The Working Group’s report was considered by Senior Officials of Commonwealth
Law Ministries in September 2013. Senior Officials expressed appreciation for the report and
discussed their own jurisdictions’ experiences with cybercrime. They approved the report for
submission to law ministers.
16.
The Working Group’s report was originally finalised in July 2013 in preparation for
SOLM. The following developments in the Commonwealth’s efforts to combat cybercrime, in
particular through the CCI, are brought to the attention of Law Ministers for the purposes of
recommendation (C) to this paper.
17.
Following the bringing of the management of CCI and its budget in the
Commonwealth Secretariat, the CCI has made progress in several member countries.
Renewed engagement with the government of Ghana has brought about presidential
endorsement of the CCI programme in the country. A comprehensive resource and training
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