To support the implementation of the EAC Regional Government Programme, the
EAC secretariat requested UNCTAD to build capacity for policy and legal experts
from the Partner States and officers from the EAC. A first training workshop on “The
Legal Aspects of e- Commerce” was jointly organized by the EAC and UNCTAD
secretariats (Kenya, December 2006). The training workshop aimed at preparing
lawmakers and government officials in all aspects to be considered for drafting
cyberlaws and at promoting the development of a harmonized legal framework at the
regional level. Following the defined roadmap toward a harmonised legal framework
in the EAC prepared during this training workshop, the EAC Partner States appointed
members to the Regional Task Force on Cyberlaws (“Task Force”) formed in
December 2007. The Task Force is drawn from Partner States Ministries and
government departments; from regional associations of legal professionals (East
African Law Society, East African Magistrates & Judges, East African Business
Council); and from the EAC Secretariat (EAC Secretariat Legal Department, East
African Court of Justice, East African Legislative Assembly).
UNCTAD facilitated the three meetings of the EAC Task Force held in 20082 which
discussed possible options and challenges in the development of a harmonized
regional legal framework. UNCTAD carried out a review of the existing draft laws
and bills and assisted in the preparation of the following legal framework for
harmonization of cyberlaws in the region.
1.2
Approach and Methodology
A participatory approach and consultative methodology was followed to gather from
and share with information from the five Partner States namely Kenya, Uganda,
Tanzania, Rwanda and Burundi which are at different stages of developing their
domestic cyberlaws. As of September 2008, Uganda has prepared three bills that had
been approved by the cabinet and were due to be presented to parliament for debate
and enactment namely: Electronic Transactions Bill; Digital Signatures Bill; and
Computer Misuse Bill. Kenya has a draft Electronic Transactions Bill covering
aspects of legal recognition of e-documents and transactions. The Bill provides for
among other things the institutional arrangements, offences, dispute resolution
mechanism and safeguards for privacy and data protection. Rwanda has a draft bill
providing for an omnibus law, covering electronic transactions and signatures, with
similarities with the draft bills of Uganda and Kenya. Tanzania has no specific
cyberlaw but there are various reform initiatives towards the enactment of the
cyberlaws. In 2005, the Law Reform Commission of Tanzania submitted a report with
recommendations on the Legal framework for e-commerce and cyber crimes. In 2007
Tanzania amended the Evidence Act to recognize electronic evidence. Burundi is yet
to develop its cyberlaws.
Consultative meetings were held with regional Task Force members to collect
information on current activities, requirements and identify challenges and
opportunities in developing the Legal framework on Cyberlaws. A comparative
analysis of the Commonwealth Model Law on Electronic Transactions (2002), the
UNCITRAL Model Laws on Electronic Commerce and Electronic Signatures, and the
2
First Meeting of the EAC Task Force on cyberlaws, January 2008, Arusha, Tanzania; Second
Meeting of the EAC Task Force on cyberlaws, June 2008, Kampala, Uganda; Third Meeting of the
EAC Task Force on cyberlaws, September 2008, Bujumbura, Burundi
4