The African Union’s continental human rights court, the African Court on Human and Peoples’ Rights (AfCHPR), received a setback this past March when Tunisia withdrew its declaration, under Article 34(6) of the Court’s founding Protocol, allowing individuals and NGOs to directly access the Court. Tunisia accounts for 24 (7%) of the 371 applications to the African Court to date, and the two-thirds of applications still pending (and those submitted before the withdrawal enters into force) will proceed as normal. However, once the withdrawal takes effect in March 2026, Tunisians will be deprived of a potential avenue for accountability for human rights abuses during a period of increasing authoritarianism in Tunisia.
African Union
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The 2024 AU Common Position on the Application of International Law in the Cyberspace: Some Implications for the Development of Digital Human Rights
Introduction The African Union Peace and Security Council (PSC) has adopted in late January 2024 its much-anticipated and first-ever Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace (‘Common African Position’ or CAP). The CAP reflects the views of the AU’s 55 member States.
The African Union’s Statement on the Application of International Law to Cyberspace: An Assessment of the Principles of Territorial Sovereignty, Non-Intervention, and Non-Use of Force
A growing number of States have published statements examining the application of international law to cyberspace (for an overview see the Cyber Law Toolkit). On 29 January 2024, the African Union (AU) Peace and Security Council adopted the ‘Common African Position on the Application of International Law to the Use of Information and Communication Technologies in…
The Common African Position on the Application of International Law in Cyberspace: Reflections on a Collaborative Lawmaking Process
On January 29, 2024, the African Union Peace and Security Council (PSC) unanimously adopted Communiqué 1196 (2024) pursuant to which it adopted the Common African Position on the Application of International Law to the Use of Information and Communication Technologies in the Cyberspace. The Common African Position (CAP) and all four Communiqués that the PSC adopted on this…
The African Union’s Malabo Convention on Cyber Security and Personal Data Protection enters into force nearly after a decade. What does it mean for Data Privacy in Africa or beyond?
Introduction June 8 marks the entry into force of African Union’s Convention on Cyber Security and Personal Data Protection also known as Malabo Convention. This means the Convention came into force nine years after its adoption on June 27, 2014 and became the only binding regional treaty on data protection outside Europe. Following…
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