Cybercrime/e-Crimes and Electronic Evidence intended for adoption within the region; six
Commonwealth member states were involved33.
2.30 In the Pacific similar work has been done under the ICB4PAC project sponsored by
the ITU and the European Union, which involves eight Commonwealth jurisdictions34 in
developing model legislation35.
2.31 There have been a number of developments in Africa. The African Union (which has
53 member states of which 19 are members of the Commonwealth36 has a Draft Convention
on the Establishment of a Legal Framework Conducive to Cybersecurity in Africa but this
has not yet secured the approval of the meeting of Heads of State or Government of the
Union. Within the various regional groupings of African states, the Southern African
Development Community (with 11 Commonwealth members37) has a draft Model Law on
Computer Crime and Cybercrime38 produced with the assistance of the ITU/European Union
sponsored HIPSSA project; the Common Market for Eastern and Southern Africa (with 8
Commonwealth members) has a draft Model Bill on Cybersecurity; and the Economic
Community of West African States (with 4 Commonwealth members39) has a draft Directive
on Fighting Cybercrime within ECOWAS.
Recommendation concerning these other instruments
2.32 Some at least of these instruments were designed to be compatible with the Budapest
Convention; all could be of value in securing more effective action against cybercrime. It is
important that instruments designed to enhance co-operation within a given region should
not be so framed as to have the unintended consequence of making co-operation beyond
the region more difficult: criminals do not respect boundaries (and indeed exploit any
opportunities divergent legislation may present). Subject to that, the Group believes that
Commonwealth countries should be encouraged to consider becoming Party to any regional
and/or international cybercrime conventions and participating in other initiatives to ensure
co-ordinated action against cybercrime or, where possible, utilise them as models to guide
the development or enhancement of their existing domestic frameworks.
On-going UN Work
2.33 The Group was kept informed about the work of the UN open-ended intergovernmental
expert group on cybercrime convened pursuant to General Assembly resolution 65/230. The
Group noted that there had been broad support for capacity-building and technical
assistance, and for the role of UNODC in that regard. At its twenty-second session in April
2013, the UN Commission on Crime Prevention and Criminal Justice requested the expert
group to continue its work towards fulfilling its mandate. The Commission also emphasised
the need to reinforce technical assistance and capacity-building activities, based on national
needs, for the prevention, prosecution and punishment of the use of information
33
Barbados, Grenada, Jamaica, St Kitts and Nevis, St Lucia and Trinidad and Tobago (together with Haiti).
Cook Islands, Fiji, Kiribati, Niue, Papua New Guinea, Samoa, Tuvalu, and Vanuatu.
35 See
http://www.itu.int/en/ITU-D/Cybersecurity/Documents/ICB4PAC%20Assessment%20Eletronic%20Crime.pdf and
http://www.itu.int/en/ITU-D/Cybersecurity/Documents/ICB4PAC%20Skeleton%20Electronic%20Crime.pdf
36 Botswana, Cameroon, The Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia,
Nigeria, Rwanda, Seychelles, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zambia.
37 Botswana, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania
and Zambia.
38 See http://www.itu.int/en/ITU-D/Cybersecurity/Documents/SADC%20Model%20Law%20Cybercrime.pdf
39 The Gambia, Ghana, Nigeria and Sierra Leone.
34
32