Abstract:
This article examines the use of soft law for digital rights
protection in African countries. Focusing particularly on the Declaration
of Principles on Freedom of Expression and Access to Information in
Africa, 2019 (revised Declaration) adopted by the African Commission
on Human and Peoples’ Rights, it highlights some of the digital rights
challenges in African countries that necessitated normative guidance
for African states. Some of these challenges include increased internet
shutdowns; unlawful interception of communication; social media
bans; expensive internet access; attacks on media freedom; inadequate
protection of personal data; and problematic laws on online harms. The
article then examines the need for soft international human rights law
to address these challenges, the provisions of the revised Declaration as
soft law and how these provisions address digital rights challenges in
African countries. It concludes that the revised Declaration is a unique
soft international human rights law instrument and that it should not
be treated as ornamental. It recommends that the African Commission should formulate an implementation plan that mainstreams the
legislative, administrative, judicial and other measures provided for in
the revised Declaration into African national contexts.
