Vanuatu’s Cyber Crime Act No. 22 of 2021 was passed by Parliament in June 2021 and adopted in September of the same year.
On September 29, 2021, Vanuatu expressed interest to be invited to accede to the Convention. In accordance to Article 137, the Council of Europe invites Vanuatu to accede on 8 December 2021.
This milestone follows the passing of the Ratification legal framework of the Budapest Convention on Cybercrime by the Parliament in November 2024, reflecting the nation’s resolve to align its legal and institutional frameworks with global standards for combating cybercrime.
The Budapest Convention, the first international treaty addressing crimes committed via the internet and other computer networks, provides a comprehensive legal framework for harmonizing national laws, fostering effective investigative techniques, and enhancing international cooperation on cybercrime and electronic evidence.
By becoming a party to the Budapest Convention, Vanuatu gains access to a robust legal framework for international cooperation on cybercrime and electronic evidence. This includes joining the 24/7 network of experts on cybersecurity and cybercrime and it enables opportunities for capacity building and technical assistance to strenghten national capabilities in cybersecurity and cybercrime investigation and prosecution. It also provides opportunities for the exchange of expert view, best practices, and guidance for effective implementation.
Acting Director of DCDT, Mr. John Jack, delivering the Vanuatu’s official address before the depositing the instrument for Accession to the Budapest Convention on Cybercrime.
In a speech delivered on behalf of the Government of Vanuatu before depositing the Instrument for Accession, Mr. John Jack, Acting Director of the Department of Communications and Digital Transformation states that “Acceding to the Budapest Convention marks a new era and a milestone for Vanuatu’s cyber resilience and international cooperation. We are committed to ratifying the First and Second Protocols of the Convention, ensuring our legal and operational frameworks remain robust and responsive to emerging cyber threats. Vanuatu looks forward to working closely with the international community to promote a safer and more secure digital environment for all.”
The First Protocol and the Second Protocol are additional protocols to the Budapest Convention.
The First Protocol is concerning the criminalisation of acts of racist and xenophobic nature that is committed through a computer system.
The protocol expands on the scope of the Convention, including its provisions on sustantive law, criminal procedure and international cooperation to also cover the offcences of racist propaganda. Thus, in addition to harmonising the substantive legal elements of such conduct, the Protocol facilitates the use by Parties of the means and channels of international cooperation established in this area in the Convention.
The Second Protocol is concerning the enhancement of cooperation and disclosure of electronic evidence.
Given the proliferation of cybercrime and the increasing complexity of obtaining electronic evidence that may be stored in multiple, changing, or unknown foreign jurisdictions, the powers of law enforcement agencies are limited by territorial boundaries. As a result, only a very small proportion of cybercrime reported to criminal justice authorities results in court decisions.
In response, the Second Additional Protocol to the Convention on Cybercrime provides a legal basis for the disclosure of domain name registration information and for direct cooperation with service providers for subscriber information, effective means for obtaining subscriber information and traffic data, immediate cooperation in emergencies, mutual assistance tools, but also guarantees for the protection of personal data.
By acceding to the First Protocol and signing to the Second Protocol, they will further enhance Vanuatu’s ability to cooperate internationally, especially in the areas of direct cooperation with service providers across borders and expedited collaboration and will position Vanuatu at the forefront of global efforts to address evolving cyber threats and facilitate secure, trusted exchange of electronic evidence.
The Department of Communications and Digital Transformation will work with stakeholders in the country with support from the Council of Europe through the Global Action on Cybercrime Extended project to ensure harmonization of our domestic legislations – Cybercrime Act No. 22 of 2021, Data Protection and Privacy Act No. 13 of 2024, Harmful Digital Communication Act No. 14 of 2024 as Amended XX 2024 and Digital Safety Authority Act No. 15 of 2024.
The T-CY Plenary and Octopus Conference are premier international platforms that gathers cybersecurity and cybercrime experts and legal practitioners from countries that are parties to the Budapest Convention and international organisations, private sector companies, and academia to dialogue on matters with regard to cybercrime, share knowledge, best practice and shape global policy responses to combat the evolving cyber threats and crime.