This article critically examines the role of the African Charter on Human and Peoples’ Rights (ACHPRs) in addressing contemporary privacy concerns in Africa. The omission of an explicit right to privacy within the Charter has been a significant concern over the years, particularly in light of rapid technological developments and increasing digitalization across the continent. In the digital era, privacy concerns extend beyond traditional notions of protection against arbitrary interference with one’s home or correspondence, encompassing broader issues such as data protection, state surveillance, cybercrime, and data breaches.
Against this background, the article explores the evolving nature of privacy challenges in Africa and evaluates the relevance and adequacy of the ACHPR framework in responding to such concerns. It argues that, notwithstanding the absence of an expressly codified right to privacy, privacy protections may be inferred from existing provisions of the Charter through purposive interpretation. The article further contends that deficiencies in digital privacy protection in Africa stem less from normative gaps within the Charter itself than from weak institutional enforcement mechanisms and the limited effectiveness of regional human rights bodies.
The article concludes by recommending stronger implementation and enforcement mechanisms, alongside increased public awareness of privacy rights, in order to ensure the continued relevance of the African human rights system in the digital age.
Global Privacy Law Review