cybercrime regime without adequate anti-cybercrime legislation and the capacity to support
it, the Group agreed to examine the mandates and activities of organisations working in this
field. The object of Part 2 is to assist Commonwealth countries to develop the most effective
means of international co-operation and enforcement, an object which can only be achieved
by helping them to identify the organisations and tools best suited to improving their
legislation and capacity building, including through technical assistance to developing
countries. Without, therefore, detracting from the terms of its mandate and its task, the
Group has added, as ancillary, to the scope of its work on Part 2 an examination of the
capacity-building efforts of organisations and initiatives working in this field together with the
minimum standards required at national level on which member countries require
assistance.
17.
The Group agreed that the best means of international co-operation and enforcement
is an effective national criminal justice regime against cybercrime, including appropriate
preventive, investigative and prosecutorial capacity, as well as the practical skills needed to
manage complex and transnational investigations. The Group recognised the importance of
co-operation with the private sector and civil society in this context.
18.
International co-operation can be based on a wide range of scenarios depending on
the countries and facts in each case. Possibilities range from informal and ad hoc cooperation on a case-by-case basis to the use of multilateral, bilateral or regional legal
instruments. The Group was mindful of the larger debate about the merits and demerits of a
global legal instrument, but did not believe that this debate should be an obstacle to
progress at a more practical level. That said, based on its content and accessibility, the
criteria set out in paragraph 2.10 of this report, the Budapest Convention appeared to the
Group to be currently the most effective and viable model for Commonwealth member
states4. The Report also notes the availability of other international legal instruments. The
Commonwealth Model Law follows the Budapest Convention and the Group encourages the
use of the Commonwealth Model Law and the Harare Scheme in the drafting of their
legislation as part of the base level which all Commonwealth countries should achieve.
19.
A Council of Europe report on the results of its survey on the ‘Implementation of the
Budapest Convention and the Commonwealth Model Law on Computer and ComputerRelated Crime’ which was submitted as a contribution to the work of the Group indicates that
four Commonwealth countries are Parties to the Convention, two others have signed the
Convention and one has been invited to accede; that 22 other Commonwealth countries
made use of the Budapest Convention or the Commonwealth Model Law and/or expressed
an interest in becoming a Party; and that, on a preliminary analysis of the available
information, 16 Commonwealth countries in addition to those that are Parties have
legislation that is largely consistent with the standards of the Budapest Convention. These
countries could submit a request for accession. Such decisions and the completion of the
ratification process by Canada and South Africa could increase the number of the
Commonwealth countries using the Convention as a framework for international cooperation to 22 and the total number of Parties to 57. The Council of Europe has engaged in
co-operation activities with 39 out of 54 Commonwealth countries.
20.
The Group was kept informed about discussions by the UN open-ended
intergovernmental expert group on cybercrime convened pursuant to General Assembly
Resolution 65/230, which are on-going. That process has not yet reached any substantive
4
In view of the continuing work of the open-ended expert group on cybercrime established by the General
Assembly, UNODC cannot endorse this statement.
5