The digital economy is amongst the most powerful loci of Canadian economic growth; over the past decade, the digital economy grew roughly 40 per cent faster than – and generated almost four times as many jobs as – the overall economy. However, this spurt has also led to increased vulnerabilities in relation to cybersecurity; in 2020, successful cyber attacks affected 78% of Canadian companies. Canada has quietly developed a robust cyber diplomacy approach aiming at promoting a rules-based international order in cyberspace, in line with the goals of other ‘like-minded’ states (including European Union countries). Both the EU and Canada share a vision of cyberspace as a domain of human activity that is open, free, and secure, and which is characterized by due regard for fundamental rights and democratic values. As such, Canada is an important strategic partner for Europe.

Nigeria is Africa’s most populous country with a population of 211 million people. Nigeria also has the continent’s largest economy, with a total GDP of $440 billion. Nigeria only emerged as Africa’s largest economy in 2014, overtaking South Africa after a GDP rebasing exercise which accounted for the contribution of emerging sectors of the economy, such as the Information and Communication Technology (ICT) sector. Nigeria’s economy had hitherto been petroleum dominated. In Q4 2021, the ICT sector of the economy contributed 15% to GDP, compared to 5% for the oil and gas sector. The percentage of people who use the Internet in Nigeria is 28%, largely through mobile networks. 91% of the population is covered by a mobile network (i.e. 74% by at least a 3G network and 41% by at least a 4G network). Huawei and ZTE have been responsible for constructing major parts of Nigeria’s broadband network (4G, LTE and 5G). Mobile phone subscription coverage is 99% of the population. Active mobile broadband subscription is 42% of the population, while fixed broadband connection is negligible, under 1%. Nigeria has 6 international submarine cables bringing at least 40TB capacity to its shores. There are 7 Internet Exchange Points (IXPs) in Nigeria with 71 peering networks. NigComSat-1, a communications satellite, made possible by cooperation between Nigeria and China, was launched in May 2007. Nigeria has plans to purchase 2 more communications satellites by 2025. Nigeria banned cryptocurrencies in 2021, but floated perhaps Africa’s largest digital currency the e-naira the same year. Despite the cryptocurrency ban, it is still in use in the country although hosted in foreign accounts.
The European Union is a significant partner in Nigeria’s cyberspace. For example, through its EU-Nigeria Digital Economy Package (Global Gateway Initiative), the EU plans a 820 million Euros investment to support Nigeria’s digitalisation strategy through digital infrastructure investments, digitalisation of public services, digital entrepreneurship, digital skills, and digital governance. However, the EU faces strong competition from China, whose investment in Nigeria’s telecommunications sectors is estimated to be $US 16 billion. China also helped manufacture and launch Nigeria’s Communications Satellite and has an equity stake in the parent satellite communications company. Huawei has been an important partner of the Nigerian government in building smart cities and e-government applications in an effort to improve government public services. Nigeria’s cyberspace is governed by several agencies including the Nigerian Communications Commission (NCC) and the National Information Technology Development Agency (NITDA).

As of 2009, Ukraine has been a member of the Eastern Partnership (EaP) and a strategic partner for the EU. On the basis of the EU-Ukraine Association Agreement (AA) signed in 2014, the country has engaged in legislative and policy reforms aiming at gradual convergence with the EU acquis, including on digital economy. During the past two years, digitalisation has become a “flagship topic” in Ukraine, with a growing focus on e-government, digital citizenship, and state support for the local IT industry. Ukraine suffered large-scale cyberattacks during the 2014 presidential elections [x], distributed denial of service (DDoS) attacks during the Russian invasion of Crimea in 2014 [x], malware attacks on its power grid in 2015 [x], and was also heavily impacted by the devastating global-scale NotPetya attack in 2017. This explains why Ukraine prioritised capacity building efforts to strengthen its cyber resilience.

As per the conclusions of the 2013, 2015, and 2021 UN GGE (Group of Governmental Experts) reports, Canada believes that international law applies in cyberspace and is “essential to maintaining peace and stability” as well as “promoting an open, secure, peaceful, and accessible ICT environment”; according to Canada, the applicability of international law “puts guardrails on states’ behaviour in cyberspace”. Applicable legal instruments include the UN Charter, the law on state responsibility (including countermeasures), International Human Rights Law, and International Human Rights Law (IHL). Canada does not favour the establishment of a treaty or binding legal instrument on cyber issues, arguing that it would undermine existing international law and norms of responsible state behaviour. Instead, Canada believes that existing international law and agreed-upon norms are sufficient to guide State behaviour in cyberspace.

Nigeria’s stance on international law in cyberspace is primarily shaped by its traditional concern over the growing proliferation of global cybercrime. Nigerian diplomats have emphasised the need for a proper legal framework that reflects the ideals and current trends within the African region. Nigeria has neither signed nor ratified the African Union (UN) Convention on Cybersecurity and Personal Data Protection. Less has been said, however, about the application of international law in cyberspace more generally. However, On 6 July 2022, Nigeria acceded to the Council of Europe Convention on cybercrime. The Convention entered into force in Nigeria on 1 November 2022.

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Canada regards the applicability of norms of responsible state behaviour in cyberspace, together with existing international law, as the “foundation of sustaining international peace and security […] in cyberspace”. This is why it has strongly promoted the adoption and implementation of the UN GGE norms in various fora, including the G7, G20, North American Leaders’ Summit, NATO, ASEAN, and the OSCE. From Canada’s perspective, there is no need to develop new norms; international cooperation efforts should instead focus on fostering States’ capacity-building abilities, as well as the implementation and operationalization of existing norms. Canada has also been the biggest proponent of taking gender considerations into account when discussing the implementation of cyber norms, advocating for greater women’s participation and gender equality in the field of cybersecurity.

Nigeria has been an active participant in the OEWG, contributing to the 2021 consensus report. Nigeria’s position acknowledges the applicability of existing international laws in cyberspace and supports the call for the operationalisation of the 11 Norms of responsible behaviour in cyberspace to address its current challenges. Nigeria also upheld the conclusions of the final report of the GGE: that the precedence set by the 2021 OEWG should be a baseline for international cooperation because of the inclusive nature of stakeholder participation.

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The Canadian National Cyber Security Strategy puts an emphasis on “secure and resilient Canadian systems”, specifically critical infrastructure such as electricity grids, communications networks, and financial institutions. The ambition to help other countries expand their capacity building activities has been a key aspect of Canada’s cyber engagement strategy and its concurrent aim of promoting an “open, secure, and multistakeholder-led Internet”. Under the auspices of the OEWG, Canada has argued that “member States must make cyber security capacity development a priority at the highest level” and that “it is […] important to analyze and assess the capacity building needs collaboratively and agree on a collective approach”. Through the Anti-Crime Capacity Building Program (ACCBP), Canada has committed $27.7M to cyber capacity building, primarily in Latin America. ACCBP also assists countries in developing their own national cyber strategies and cybersecurity standards while also ensuring respect for human rights and privacy for all citizens. Meanwhile, Canada has been cooperating with several international and regional organizations on the development and implementation of Confidence-Building Measures (CBMs); for instance, there have been several Canadian initiatives at the OSCE, including workshops on international law and cyber operations as well as scenario-based discussions on CBM 5 (information sharing about national responses to regional cyber incidents). Canada believes that capacity-building should be multistakeholder and integrate the insights of the technical community as much as possible. The Canadian representative at the OEWG has also highlighted the importance of gender balance and the participation of women in capacity-building efforts.

In the International Telecommunication Union (ITU) Cybersecurity Index 2020 which measures commitment to cybersecurity amongst its members , Nigeria ranked 47^th in the world, and 4^th within the African region. In 2021, Nigeria published the updated National Cybersecurity Policy and Strategy, which lays out detailed cybersecurity obligations for different private sector and public sector actors in critical national information infrastructure (CNII) protection and resilience within a context of multiple stakeholders. The National Cybersecurity Policy and Strategy, together with the Cybercrime Act, are the major policy instruments governing cybersecurity in the country.
The Global Cyber Security Capacity Centre (GCSCC) at Oxford University, in 2018, reviewed the maturity of cybersecurity capacity in Nigeria at the behest of the Office of the National Security Adviser (ONSA), using the Cybersecurity Maturity Model (CMM). Nigeria’s CMM report indicated a maturity stage of either start-up or formative stage (maturity stages 1 and 2 out of 5 stages) for the majority of factors, suggesting opportunities for investment. The United Kingdom has pledged some of this necessary investment, with Nigeria set to benefit from a £22 million investment package which aims to support resilience in Africa and the Indo-Pacific region.

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Canada’s National Cyber Security Strategy identifies the activities of malicious cyber actors as a “growing challenge”. Following the adoption of the ‘Protecting Canadians from Online Crime’ Act, Canada acceded to the Council of Europe’s Budapest Convention in 2015 and has since consistently promoted the instrument as the “best tool to fight cybercrime at the international level”. Canada has specifically “encourage[d] countries to bolster their anti-cybercrime efforts by becoming Parties to the Convention, or using it as a model to implement their own cybercrime laws”. Moreover, upon Canada’s initiative, the Quintet of Attorneys General (which brings together Attorneys General from Canada, the US, Australia, New Zealand and the UK) issued a public statement at their July 2019 meeting, expressing their support for the Budapest Convention as a “necessary basic framework for fighting cybercrime” and for the work of the United Nations Open-Ended Intergovernmental Expert Group on Cybercrime (UNIEG). Being part of the ‘like-minded’ group of states, Canada voted against the Russian-sponsored UNGA Resolution 74/247 aiming at establishing an alternative cybercrime instrument; upon the passage of 74/247 and its follow-up UNGA Resolution 75/282, however, Canada has been a vocal member of the Ad Hoc Committee on Cybercrime. Prior to the Committee’s May 2021 organizational session, the Canadian position paper on the Implementation of 74/247 noted that the Committee must “ensure consistency with existing UN treaties in the field of crime prevention and criminal justice, in particular the United Nations Convention against Transnational Organized Crime, the United Nations Convention against Corruption and take into account multilateral instruments that have already proven their usefulness in the fight against cybercrime, in particular the Council of Europe Convention on Cybercrime”. In the same document, Canada emphasized the need for an “inclusive, transparent, constructive, and consensus-based process that will lead to a fair outcome to the benefit of all”. The first session of the Ad Hoc Committee will be held in New York from 17 to 28 January 2022. Canada’s perspective on the scope, objectives, and structure of the convention was submitted to the Ad Hoc Committee in advance of the start of the first negotiation session (E).

The Nigerian 2020-2030 National Digital Strategy, which is in line with the African Union Digital Transformation Strategy 2020-2030, emphasises the significance of adopting ‘collaborating approaches’ to fighting cybercrime; it specifically notes that ‘cybersecurity is not a local issue and it requires collaboration with relevant institutions around the globe’. In 2019, the country voted in favour of UNGA resolution 74/247, which established an Ad Hoc Committee to draw up an international convention on cybercrime. The Nigerian position paper prior to the launch of the first substantive session noted the ‘urgent need to define and sanction criminal conduct in cyberspace, improve synergy in trans-national policing capabilities, improve procedural tools and reform/enhance international cooperation, whilst respecting human rights’. In its capacity as a member of ECOWAS, Nigeria has participated in several socialisation-based capacity-building initiatives, including the OCWAR-C project, the GLACY+ workshops and the African Forum on Cybercrime (organised by the African Union).

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