In conformity with the recommendations made at the workshop held in Ouagadougou in 2006, it is principally aimed at the establishment of a consultation framework on the harmonization of ICT law. This general framework aims at preserving the overall coherence of the legal framework of trust to be put in place. This trust framework should be:
• Secure : ensuring maximum conformity between the technical and legal security;
• Organized: regulating the basic factors of the sectors concerned;
• Predictable: preve nting conflict and its effective resolution when they do arise;
• Protecting the spot interests particularly the interests of consumers and inventors (intellectual propriety);
• Integration into the world order; linkage between the national, community and international order.
This framework should in particular cover the following principal aspects:
• Definition of the strategic guidelines;
• Definition of the institutional framework and the establishment of a trust infrastructure;
• Consultation and validation missions of the texts to be formulated;
• Monitoring and evaluation missions of the implementation of the decisions and the integration of the texts into the national legislation;
• Fundamental principles of the Information Society;
• Role of stakeholders ; public, private, societal;
• Partnership: national, regional, international;
• Incentives: commercial, fiscal, customs;
• Legal integration process.
In this framework it was decided to formulate the following priority texts:
• Guidelines of the ICT legal framework in the UEMOA-ECOWAS space;
• Organization of e-commerce including intellectual propriety, online publicity and consumer protection;
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• Protection of personal data;
• Fight against cyber crime.
These contexts cover principal sectors in which harmonization should be initiated as demonstrated in the preliminary studies (O.DAYO) and the study on the harmonization framework (A.Cisse) already carried out.
During the formulation of each text, account was taken of the need to pursue the harmonization of terminology. It was also taken into account during the formulation of the texts on the achievements and the draft international, regional and national guidelines (Comparative Law and Conventional Law UNCDIT, UEMOA and ECOWAS Law, OHADA Law, IPO Law).
Furthermore, the enterprises in the private sector (particularly banks and community enterprises) and civil society organizations participated in the design and the validation of draft texts and took an active part in the 2006 and 2007 workshops held in Ouagadougou and Lome respectively.
Finally, the countries and the regional organizations are urged to pursue reforms in the harmonization process to avoid unnecessary duplications or superfluous initiatives.
This approach does not exclude in any way the goodwill to reinforce the ongoing harmonization. Consequently, in the telecommunications sector and in the fight against money laundering, it will be necessary to pursue harmonization and capitalize on the gains and safeguard the coherence. Emphasis should be placed on the harmonization of national legislation with international commitments. Similarly, it is crucial to follow the other ongoing draft harmonization guideline processes in the other regional economic communities (RECs) and the African Union.
In an effo rt to preserve the coherence of the overall legal framework and develop complementarity between regional organizations, attention and vigilance should be focused on the ongoing harmonization guidelines that have been developed by organizations with countries as members of UEMOA; OHADA on e-commerce. OPI on intellectual propriety and the International Organization for Francophonie on telecommunications.
This report has 2 (two) parts:
• The first part is the guidelines with a focus on the issues and challenges to be addressed;
• The second part is the Action Plan for the adoption of effective and efficient guidelines.
The following documents are attached as annex:
• The Action Plan
• The improved draft guidelines in the light of the amendments made during the 2007 Lome workshop
• The version presented during the 2007 Lome Workshop PART I: PRESENTATION OF THE DRAFT GUIDELINES
The draft guidelines are within the general framework which takes into account the issues and challenges which should be addressed by all countries in the world.
The issues are several and complex but three should be mentioned:
1. The building of an Information Society in West Africa
This challenge can only be successfully addressed on condition that its resolution could produce:
• an inclusive and unified information society with respect for human dignity and meeting the expectations of the African population;
• use of ICT for poverty reduction;
• development of ICT and access to all Africans;
• guarantee of the legal security of persons and goods in the cyber space.
2. The support for an African contribution to the knowledge economy
In order to be efficient and effective, the African contribution to the knowledge economy should first of all be a reality reinforced through:
• the guarantee of access to information which is considered as basic commodity in the information society;
• the aptitude to create original and relevant knowledge so that information becomes an economic resource and through research- innovation, creating employment and reducing poverty;
• the application of the knowledge developed corresponding to resource development to meet the expectations of the people.
3. The establishment of a legal environment of trust
All the guidelines should contribute to the establishment of an enabling environment for the development of ICT in West Africa. In order to be appropriate, this environment should be based on a legal framework with the following characteristics:
• Predictable: the rules in force are known a priori as well as the prevention of conflicts and the resolution of conflicts taking into account the sustainable technological evolution;
• Organized: regulated by all the relevant sectors;
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• Protecting: the interest and rights of consumers and intellectual propriety on the civil and pena l code;
• Secure: ensuring conformity between the requirements of the legal and technological security;
• Integrated into the international order: ensuring rational linkage between the national, regional and global level.
With this precise general framework, emphasis should now be placed on the specific issues and challenges in each area covered by the guidelines which meet the principal orientations of these guidelines.
CHAPTER I: DRAFT GENERAL GUIDELINES ON THE HARMONIZATION OF THE