African states urged to ratify Budapest Cybercrime Convention

10.10.2011

Thirty-two countries including the United States have ratified the convention with Switzerland being the latest. No African country has ratified the treaty, though South Africa has signed it while Senegal has already recieved its invitation to accede the convention. Notable non-signatories include Russia and China. Russia has its own cybercrime laws which according to Seger, have a few gaps. China has even more gaps in its own laws. Seger says that it is important for countries to implement the treaty in their own laws in order to have the treaty in effect.

Benefits for countries that ratify the treaty include better means to protect their citizens. "If there is better trust and safety online , the economy grows. It is difficult to conduct business amidst uncertainty on electronic crimes," says Seger.

"By ratifying the treaty, African countries would not be doing European nations a favour, but doing a benefit to the society at large, " he clarifies. As an example, Seger points out that for someone committing a criminal offence using a Google or Hotmail webmail account, in a country that has ratified the convention can request for the evidence from another country.

For the third element, Seger clarifies that even when a country has laws, there is need for capacity to implement them. This include prosecutors, investigators and judges. "In countries that have become a signatory or party to the treaty, we have been able to mobilise technical assistance," he says.

According to Seger, African countries on the path to implementing the treaty will have much better opportunities to receive support from the private sector. On the contrary, in a country where no objectives exist, it is hard to get support in cybercrime matters. The private sector has expressed great interest in supporting the Convention through firms such as Microsoft and Paypal. Users have to trust these companies systems hence the need of such objectives.