The defects of the Draft African Union Convention on the Establishment of a Credible Legal Framework for Cybersecurity

Within the past decade, Africa has witnessed a phenomenal growth in telecommunications and Internet penetration. Statistical data indicates that Internet users in Africa grew from 4,514,400 million people in 2000 to 167, 335, 676 million people in June 2012[1]. Naturally, the spread of telecommunications technologies and Internet penetration in African states has also raised concerns for cybersecurity at both national and regional levels. At the regional level, the Africa Union Commission and United Nations Economic Commission for Africa has developed a draft regulatory framework on cybersecurity which is known as the Draft Convention for the Establishment of a Credible Legal Framework for Cybersecurity in Africa. The Convention is intended to harmonize the laws of African states on electronic commerce, data protection, cybersecurity promotion and cybercrime control. This paper briefly discuses some of the defects of the Draft Convention with respect to the promotion of cybersecurity and cybercrime control. The paper also offers some suggestions on possible remedies that would enhance the effectiveness of the Draft Convention towards promoting cybersecurity in Africa.