The UN Cybercrime Treaty and What It Means for Africa

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Introduction

In 2024, the Salt Typhoon breach by a Chinese-affiliated group targeted nine U.S. telecommunications companies, compromising sensitive metadata from calls and messages. The attack particularly affected high-profile individuals, including political campaign staff in Washington, D.C. In March, Russian hackers executed phishing attacks against German political parties, embedding ransomware in fake invitations from the Christian Democratic Union to install backdoors in victims’ computers.

Adding to the concern, the third quarter of 2024 saw a record spike in cyberattacks, averaging 1,876 attacks per organisation, a 75% increase compared to previous periods.

This is nothing new by the way, over the past two decades, the world has faced an alarming surge in high-profile cybercrimes, exposing critical vulnerabilities in global digital systems. Early cyberattacks, such as the ILOVEYOU worm in 2000, caused billions of dollars in damages by exploiting email systems worldwide. More recent incidents, like the SolarWinds supply chain attack in 2020, infiltrated government and corporate networks on a massive scale, demonstrating the growing sophistication of cyber threats. Other notable cases include the WannaCry ransomware attack in 2017, which crippled over 200,000 systems globally, and major data breaches at companies like Yahoo (2013–2014) and Equifax (2017), compromising the personal information of billions of users.

These incidents highlight the urgent need for a coordinated international response to cybercrime. Global efforts to combat cyber threats have largely been fragmented, with private companies and individual nations addressing issues in silos. This fragmented approach has created gaps in enforcement, cooperation, and accountability, leaving the global digital ecosystem increasingly vulnerable.

Recognising this challenge, UN member states began negotiating an international treaty on countering cybercrime in May 2021. This treaty was just concluded in August 2024. Its primary aim is to establish a global legal framework for international cooperation in preventing and investigating cybercrime and prosecuting cybercriminals.

The treaty has the potential to revolutionise how nations tackle cyber threats by facilitating collaboration and standardising measures across borders. However, it has also sparked debates about its broader implications. Without clearly defined parameters and safeguards, the treaty could inadvertently threaten human rights, both online and offline. Repressive governments might exploit its provisions to suppress free speech and criminalise dissent, while overly broad measures could legitimise intrusive investigations and allow law enforcement unchecked access to personal information.

The just concluded treaty represents both a promising solution to an increasingly pressing problem and a challenge to ensure the balance between security and digital rights as well as political conveniences. The rest of this article will explore the treaty’s key provisions, particularly its implications for regions like Africa.

Key Provisions of the UN Cybercrime Treaty

The UN Cybercrime Treaty seeks to create a cohesive global framework to address cybercrime by pushing international cooperation and enhancing member states’ capacities to tackle evolving cyber threats. Some of the key provisions of the treaty include:

1. Definition and Scope of Cybercrime

The treaty establishes somewhat clear definitions for various types of cybercrimes, encompassing a broad range of illegal activities conducted through or targeting Information and communication technologies (ICTs).

Cybercrime encompasses a wide range of illegal activities facilitated by ICTs. Although it lacks a universally accepted definition, it is commonly categorised into two main types: cyber-dependent crimes and cyber-enabled crimes. Cyber-dependent crimes rely entirely on technology for their execution, including ransomware attacks, hacking, and malware dissemination. In contrast, cyber-enabled crimes are traditional offences enhanced by technology, such as online fraud, identity theft, and online child exploitation. 

Understanding these distinctions was implicit in the treaty in how it dealt with the complexities of cybercrime.

2. International Cooperation and Data Sharing Framework

The global nature of cybercrime creates a pressing need for international cooperation, prompting the United Nations to establish an ad hoc committee in December 2019 to draft a comprehensive treaty. The goal of this treat is to standardise global efforts in preventing, investigating, and prosecuting ICT-related criminal activities, a process that has been intricate and multifaceted. The treaty negotiations involve six sessions focused on defining cybercrimes, establishing enforcement measures, enabling cross-border collaboration, and ensuring human rights safeguards while balancing law enforcement powers with individual freedoms.

Significant disagreements have emerged among participating states regarding the treaty’s scope and human rights protections. Some countries, such as the United States and Canada, advocate for a narrower focus on specific cyber-dependent and selected cyber-enabled crimes, while others, including Russia and China, push for a broader scope that includes various cyber-enabled offences. Critics warn that an expanded scope could infringe on fundamental freedoms by criminalising political dissent and independent journalism. Also, ensuring human rights within the framework of the treaty remains contentious, with concerns that existing safeguards may be inadequate, particularly in nations with weak legal frameworks that could misuse cybercrime laws to suppress freedom of expression.

3. Potential Risks

Potential risks associated with the treaty include surveillance overreach, as provisions could allow states to collect and monitor vast amounts of data, leading to invasive practices. The alignment of treaty enforcement with domestic laws raises concerns that activities legal in one country may be criminalised in another, disproportionately targeting vulnerable communities, such as LGBTQ+ individuals in oppressive states. However, the treaty’s technological neutrality is a strength, as it aims to address emerging threats, including AI-generated malware and deepfake scams, necessitating ongoing updates to remain relevant in the rapidly evolving tech landscape.

While the treaty presents practical benefits, such as motivating states to enhance their digital investigative capabilities and encouraging international cooperation for serious crimes, these advantages must be weighed against the risks of misuse. The emphasis on adequate safeguards is essential to protecting privacy, freedom of expression, and ensuring transparency in the implementation of the treaty.

The Scope of Cybercrime in Africa

The 2024 African Cyberthreat Assessment Report by the INTERPOL paints a detailed picture of the evolving cyber threat landscape across Africa, showcasing both challenges and opportunities in addressing this growing issue. Cybercrime has become increasingly sophisticated, diverse, and widespread, with the report identifying ransomware, business email compromise (BEC), and online scams as the most prominent threats. Ransomware attacks, in particular, are targeting critical infrastructure, such as healthcare, energy, and financial services, disrupting essential operations and causing significant financial losses. Business email compromise remains a major issue, exploiting trust within corporate communications to defraud businesses of large sums of money. Online scams, meanwhile, continue to prey on individuals, leveraging phishing and other social engineering tactics to exploit vulnerabilities.

A concerning trend noted in the report is the use of emerging technologies, such as AI, to enhance the sophistication and scale of cyberattacks. For instance, AI is being used to craft more convincing phishing schemes and automate malicious activities, making it harder for traditional defences to detect and mitigate these threats. Also, social engineering tactics have grown more intricate, exploiting human behaviour to bypass technical safeguards.

Despite the scale of the problem, there have been notable successes in combating cybercrime. Over 10,000 arrests related to cybercrime were reported across 19 African member countries in 2023, reflecting the growing effectiveness of law enforcement and international partnerships. Initiatives spearheaded by INTERPOL, the African Union, and private sector organisations have played their own part. Collaborative actions, such as the establishment of regional joint task forces, capacity-building programs, and partnerships with leading technology firms, have strengthened Africa’s cyber defences. 

However, significant barriers remain. Underreporting of cyber incidents continues to obscure the true scale of the problem, partly due to inadequate reporting mechanisms and a lack of trust in law enforcement. Many organisations and individuals lack basic cyber hygiene, leaving them vulnerable to preventable attacks. Resource constraints (both financial and technical) further hinder the ability of governments and institutions to respond effectively. The challenge is compounded by fragmented legal and regulatory frameworks, which make cross-border cooperation in fighting cybercrime more difficult.

The report emphasises the need for proactive measures to address these challenges, which is incredibly relevant if Africa is going to be of any consequence to the UN cybercrime treaty. Key recommendations include increased investment in cybersecurity infrastructure, such as threat detection and response systems, and the harmonisation of legal frameworks across African nations to facilitate smoother international collaboration. It also calls for enhanced public awareness campaigns to educate individuals and organisations about cyber risks and the importance of good cyber hygiene.

Ultimately, the report is a call to action for Africa to address its cybersecurity challenges head-on. With strategic investments, policy harmonization, and regional collaboration, the continent can not only defend against growing cyber threats but also position itself as a leader in shaping a secure global digital economy.

The Significance of the Treaty for Africa

Africa’s digital ecosystem is rapidly evolving, and with this growth comes an increasing reliance on digital infrastructure. As more African nations embrace the digital age, they are unlocking new opportunities for economic growth, innovation, and social development. However, this digital transformation also brings along significant challenges, particularly in the form of cybercrime. The UN Cybercrime Treaty presents a crucial opportunity for African nations to strengthen their cybersecurity frameworks, improve international cooperation, and align with global standards.

Challenges Posed by Cybercrime to Economic Growth and Governance

Sub-Saharan Africa has made remarkable strides in expanding access to digital services, with over 160 million Africans gaining broadband access between 2019 and 2022, and internet users increasing by 115% between 2016 and 2021. Despite these advancements, the region still faces significant obstacles to achieving its full technological potential. The rising threat of cybercrime presents a substantial risk to economic stability, financial systems, and governance across the continent.

Cyberattacks, data breaches, and online fraud undermine the trust necessary for digital economies to thrive. For instance, the affordability and accessibility of mobile connectivity remain a significant barrier, with mobile internet use still limited in many areas. Moreover, the lack of adequate digital skills and regulatory frameworks further complicates efforts to address these threats. Without effective cybersecurity policies and international cooperation, Africa’s digital transformation could be jeopardised.

Strengthening African Cybersecurity Frameworks

The UN Cybercrime Treaty offers African nations a framework to enhance their cybersecurity infrastructure and response mechanisms. By signing and implementing the treaty, countries can access technical assistance and capacity-building initiatives, helping to address the gaps in their cybersecurity frameworks. This is particularly important as many African countries face challenges related to weak regulatory environments, limited technical resources, and a shortage of trained cybersecurity professionals.

Through the treaty’s emphasis on international cooperation, African nations can work together and with global partners to combat cybercrime more effectively. This collaboration will facilitate cross-border investigations, data-sharing, and joint efforts to address complex cyber threats that transcend national borders. The treaty also encourages the development of national cybersecurity strategies that are aligned with international standards, enabling African countries to better protect their citizens, businesses, and governments from cyber threats.

Opportunities for African Nations to Align with International Standards

The Treaty also presents a unique opportunity for African countries to align with global cybersecurity standards, encouraging a more secure and integrated digital economy, this is already a work in progress, but more needs to be done. By adopting the treaty’s provisions, African nations can modernise their legal and regulatory frameworks (as well as technical expertise) to address emerging cyber threats in a way that is consistent with international norms. This alignment will not only help in improving the general security infrastructure and system of African nations but also position them as trusted players in the global digital economy.

The treaty’s focus on capacity building and technical assistance will enable African countries to develop the necessary expertise and infrastructure to combat cybercrime. The World Bank’s ongoing support in this area, such as its $9 billion Digital Economy for Africa (DE4A) initiative, provides a solid foundation for strengthening Africa’s digital economy. As more African countries embrace the treaty, they can leverage international partnerships, gain access to funding, and adopt best practices to enhance their cybersecurity readiness.

Unique Risks And The Problem of Digital Sovereignty

Africa’s rapid digital transformation presents both opportunities and challenges, especially when it comes to managing digital sovereignty, cybersecurity, and the role of technology in elections. The continent faces multiple concerns, from the misuse of treaty provisions that could suppress freedom of expression and privacy, to the limited cybersecurity infrastructure that hampers effective governance. Financial and technical barriers further complicate the successful implementation of treaty measures, while countries with weak governance risk surveillance overreach.

One of the most glaring issues is the dominance of a small number of tech conglomerates – such as Google, Meta, Amazon, and Chinese giants like Huawei and Tencent – that collectively control over 90% of Africa’s digital market revenue. This monopoly highlights the vast inequalities in the global digital ecosystem and has prompted African policymakers to seek digital independence. Despite the growing digital ecosystem, the African Union (AU) remains concerned about the overwhelming influence of Chinese tech firms, which have been key players in the region’s economic and technological investments. However, these investments come with strings attached, often diminishing Africa’s economic and political autonomy. The influx of foreign digital investments is simultaneously boosting economies but also increasing vulnerability to surveillance and control by external actors, creating challenges for digital sovereignty.

Africa’s underrepresentation in the global digital value chain, marked by the continent holding only 1% of the world’s data centres (many foreign-owned), exacerbates the issue. This reliance on foreign companies to store and process data leaves Africa vulnerable to exploitation and undermines its ability to govern its own digital resources. To mitigate these risks, this article argues that African nations must prioritise self-regulation and assert control over their data to avoid continued exploitation by big tech companies, while ensuring that economic growth driven by technology is not at the expense of sovereignty.

The role of technology in elections has also grown increasingly important, with social media platforms playing a central role in information dissemination and voter engagement. Interestingly, this has also given rise to new risks, such as misinformation, disinformation, and election-related violence, often amplified through social media. The 2023 elections in various African countries, including Kenya, Nigeria, and Zimbabwe, were marked by a surge in online hate speech, misinformation, and manipulation. These digital threats have not only undermined confidence in electoral processes but also contributed to violence in some regions, highlighting the critical need for robust regulations to safeguard electoral integrity.

While technology holds immense potential to drive Africa’s economic and democratic development, its unchecked influence raises significant concerns. African governments must take proactive steps to establish regulations that protect citizens’ rights, ensure cybersecurity, and mitigate the negative effects of foreign influence, particularly during election cycles. To achieve true digital sovereignty, which is essential to properly implement the UN cybercrime treaty, the continent must strengthen its ability to control its digital resources and safeguard against external exploitation.

The Path Forward for African Nations

Africa is presented with immense opportunities, driven by its youthful population and fewer legacy challenges, allowing the continent to adopt digital solutions more quickly and leapfrog into the digital age.

To make digital transformation a success, collaboration is key. The African Union (AU) and regional bodies play a very important role in coordinating efforts across the continent. By working together, nations can ensure the development of digital policies and infrastructure, including harmonised regulations and a secure digital environment that supports economic growth, job creation, and poverty alleviation. This will inevitably make it easier to include African concerns in global forums, such as the just concluded, UN cybercrime treaty.

International partnerships will be essential for capacity building and technical assistance. Africa can leverage support from global institutions to bridge the digital divide, particularly in terms of access to affordable, high-speed internet. Ensuring that digital rights are protected throughout this process will require balancing security needs with privacy and freedom of expression. The continent’s strategy should also focus on encouraging inclusive digital skills and empowering its citizens to be active participants in the digital economy. Truthfully, this is easier said than done.

In line with initiatives like the Smart Africa Initiative and the African Continental Free Trade Area (AfCFTA), the ultimate goal is to create a Digital Single Market that allows seamless cross-border trade and services, promoting socio-economic integration while respecting individuals’ digital rights. As part of this vision, the African Union is working towards the adoption of cybersecurity and data protection regulations, which will provide a secure digital environment conducive to innovation and growth.

By 2030, Africa aims to ensure that all its citizens are digitally empowered, with access to secure and affordable internet and digital services, thereby creating a vibrant, inclusive, and sustainable digital economy. The path forward for African nations involves strengthening regional collaboration, driving policies that drives innovation, and ensuring that digital transformation benefits all sectors of society.

Conclusion

The UN Cybercrime Treaty presents an interesting moment for Africa as it navigates the complexities of digital transformation and cybersecurity. With the rapid expansion of Africa’s digital ecosystem, the treaty offers a vital opportunity for the continent to strengthen its cybersecurity frameworks and align with global standards. However, the treaty’s potential to safeguard against cybercrime must be balanced with the need to protect digital rights and avoid the overreach of surveillance, particularly in nations with weaker governance.

As African nations embrace digital innovation, they must work together to build a secure and inclusive digital ecosystem, leveraging international partnerships for capacity building while asserting control over their digital sovereignty. The treaty’s focus on cooperation and technical assistance provides a framework for African countries to enhance their cybersecurity readiness and create safer digital spaces for economic growth, democratic development, and social progress.

Yet, Africa must be vigilant in ensuring that digital advancements do not come at the expense of individual freedoms or political autonomy. The path forward requires a careful balance of global collaboration, regional cooperation, and strong, self-regulated digital governance to help build an environment where the digital economy can flourish, while protecting the continent’s sovereignty and the rights of its citizens.