By Muhammed S. Bah
African governments must urgently ratify the African Union Convention on Cyber Security and Personal Data Protection, the Malabo Convention, to safeguard citizens’ digital rights, the African Commission on Human and Peoples’ Rights has warned.
Vice-Chairperson Hon. Janet Ramatoulie Sallah-Njie delivered the warning at the e-RIGHTS side event during the Commission’s 85th Ordinary Session in Banjul. She stressed that the convention, in force since 2023, provides the legal framework to protect personal data, promote cybersecurity, and curb unchecked digital surveillance. Still, many African countries, including The Gambia, have yet to ratify it.
“Technology can empower citizens or be used to oppress them. Without the Malabo Convention, millions remain vulnerable to unlawful surveillance, privacy violations, and digital attacks,” Sallah-Njie said.
She highlighted how sophisticated surveillance technologies, ranging from spyware to mass data retention systems, are increasingly used by governments across the continent, often without judicial oversight. “When fear governs speech, democracy falters,” she warned.
The Commission’s 2019 Declaration of Principles on Freedom of Expression and Access to Information and 2023 Resolution 573 provide clear standards: surveillance must be lawful, necessary, and proportionate, with independent judicial review and effective oversight. Yet, Sallah-Njie said, implementation remains inconsistent.
The consequences are stark. Journalists fear exposing sources, activists risk disruption of their networks, and lawyers confront breaches of confidential communications. Women leaders and journalists face particularly gendered threats, including the weaponisation of private communications and harassment campaigns, forcing many out of public life.
“The Malabo Convention is not just a treaty on paper,” she said. “It is a shield for citizens against digital oppression and a step toward a free, equitable digital Africa.”
Sallah-Njie called on African governments to strengthen national laws in line with the Convention, establish independent oversight mechanisms, and ensure transparency in digital surveillance practices. She also urged collaboration with civil society, technologists, and legal experts to enforce digital rights and protect vulnerable groups.
“Ratifying the Malabo Convention is not optional; it is a fundamental responsibility for governments committed to democracy, human rights, and the protection of all citizens online,” she concluded.
The call underscores the urgent need for African states to move from principle to action, ratifying the Malabo Convention to secure a digital future where citizens can communicate freely, access information safely, and hold power to account without fear.
The Malabo Convention, formally the African Union Convention on Cybersecurity and Personal Data Protection, was adopted in June 2014 in Malabo, Equatorial Guinea. It sets out a continent-wide framework to protect human rights online, including privacy, freedom of expression, and personal data protection.
The Convention calls on African governments to enact laws that prevent unlawful surveillance, cybercrime, and unauthorized collection of personal data. It also encourages cross-border cooperation in cybersecurity, while emphasizing that digital governance must respect fundamental freedoms as guaranteed by the African Charter on Human and Peoples’ Rights.
Despite its adoption, few countries have ratified the Malabo Convention, leaving large parts of Africa exposed to state surveillance, data breaches, and online censorship. Advocates stress that ratification is crucial to safeguard citizens, journalists, and human rights defenders in the digital space.
