of investigative powers used in the Convention is based on broader international discussions
on the nature of the problem, the need for principles which would remain neutral in the face
of evolving technologies, and underlying issues such as the balances between the need for
effective investigative powers and the need to protect human rights and national sovereignty.
2.22 By June 2013, it had been ratified by 39 countries, signed by an additional 12
countries, and a further 10 countries had been invited to accede. Many other countries
including Commonwealth countries have used the Convention as a guide to cybercrime
legislation. The Council of Europe believes that at least 140 States have undertaken reforms
in recent years or are in the process of reforming laws regarding cybercrime; some 90 per
cent of these have made or are making use of the Convention as a guideline or source.
2.23 The Budapest Convention is an open convention, so not limited to States which are
members of the Council of Europe. Four Commonwealth countries (Australia, Cyprus, Malta
and the United Kingdom) have ratified it, Canada and South Africa are signatories and
Mauritius has been invited to accede.
Use especially within the Commonwealth
2.24 A study by the Council of Europe prepared for this Group23 indicates that twentythree Commonwealth countries24 made use of the Budapest Convention and/or the
Commonwealth Model Law in the preparation of national legislation and/or expressed an
interest to become Party to the Convention. At present, 15 Commonwealth countries25 seem
to have legislation that is largely consistent with the standards of the Budapest Convention
and are in a position to seek to accede. If they were to do so, and were Canada and South
Africa to complete the ratification and Mauritius the accession process, the number of
Commonwealth countries using the Convention as a framework for international cooperation would rise to 22 and the total number of Parties to 56. Nauru, Papua New Guinea,
Solomon Islands, Tuvalu and Vanuatu have no legislation in place, but intend to prepare
legislation based on the law of Tonga, itself drawing on the Budapest Convention and the
Commonwealth Model Law. Information is not available from all Commonwealth countries26
but only five are known not to have made use of the Convention or the Commonwealth
Model Law in developing their national legislation27.
Recommendation concerning accession
2.25 It is clear that many Commonwealth member states could satisfy the requirements
for accession to the Budapest Convention. Should they do so? If the criteria identified above
are considered, the multilateral nature of the Budapest Convention, the number of existing
Parties, the comprehensive nature of its provisions, its proven practicality, its binding nature,
and the existence of a support mechanism in that Parties to the Convention participate in the
Cybercrime Convention Committee (T-CY) of the Council of Europe, the Group believes that
Commonwealth countries should be encouraged to accede, where practicable, to the
23
Available at
hhtp://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/Documents/ReportsPresentations/2571_Commonwealth_cy_leg_v21_27Feb%20rev_final_CoE.pdf
24 Antigua and Barbuda, Barbados, Botswana, Cameroon, Ghana, India, Jamaica, Kenya, Kiribati, Malaysia,
Maldives, Mauritius, Namibia, New Zealand, Nigeria, Pakistan, St Vincent and the Grenadines, Samoa, Sri
Lanka, Tonga, Trinidad and Tobago, Uganda, and Zambia.
25 Antigua and Barbuda, Barbados, Botswana, Brunei Darussalam, Cameroon, Ghana, India, Jamaica, Malaysia,
New Zealand, St Vincent and the Grenadines, Singapore, Sri Lanka, Tonga, Trinidad and Tobago.
26 No information is available for Belize, Dominica, Mozambique, Rwanda, St Kitts and Nevis, St Lucia,
Seychelles, Sierra Leone, Swaziland, The Gambia, Grenada, Guyana, Lesotho and Malawi.
27 Bahamas, Bangladesh, Brunei Darussalam, Fiji and Singapore,
30