The African Commission on Human and Peoples’ Rights (ACHPR) has raised concerns over the growing use of digital surveillance technologies by some African countries to target journalists, human rights defenders, political opponents and protesters, warning that the trend is exposing victims to arbitrary arrests, incommunicado detention, ill-treatment and torture.
The warning was issued by the Committee for the Prevention of Torture in Africa (CPTA), a special mechanism of the ACHPR, which said technologies originally introduced to improve public security and governance are increasingly being misused to suppress civic freedoms across the continent.
According to the Committee, the misuse of surveillance technologies has created new human rights challenges, particularly as governments expand their digital capabilities through biometric identification systems, facial recognition technology, spyware and telecommunications monitoring.
The Committee noted that such practices not only threaten privacy rights but also create conditions that could facilitate torture and other forms of cruel, inhuman or degrading treatment.
The concerns were contained in a “Call for Papers” under the theme, Torture and Digital Surveillance in Africa, signed by ACHPR Commissioner and Chairperson of the Committee, Hatem Essaïem.
Committee Links Digital Surveillance to Torture Risks
The Committee said Africa is undergoing rapid digital transformation, with governments increasingly adopting technologies capable of monitoring citizens on an unprecedented scale.
It cited the deployment of biometric identification systems, expansion of video surveillance and facial recognition in public spaces, acquisition of spyware, use of telecommunications data for intelligence purposes, and internet shutdowns during periods of political or electoral tension.
According to the Committee, while these technologies may have legitimate security applications, they can also be exploited to intimidate critics, monitor activists and silence dissent when deployed without adequate legal safeguards.
It warned that practices such as forced biometric data collection, digital harassment, prolonged surveillance and the use of digital evidence obtained under duress raise serious questions under Article 5 of the African Charter on Human and Peoples’ Rights, which prohibits torture and other cruel, inhuman or degrading treatment.
The Committee said the growing intersection between digital surveillance and torture informed its decision to dedicate its 2026 annual newsletter to examining the issue and identifying measures needed to strengthen human rights protections across Africa.
ACHPR Calls for Stronger Laws, Oversight
Commissioner Essaïem said the initiative seeks not only to examine existing legal frameworks governing digital surveillance but also to evaluate whether they are effective in protecting fundamental rights.
According to him, the Committee intends to identify weaknesses in national and regional legislation, assess implementation gaps and recommend practical reforms tailored to African realities.
“It is not only a question of taking stock of the normative frameworks already in force in Africa… but above all of questioning their effectiveness,” Essaïem said.
He also raised concerns about what he described as regulatory blind spots surrounding private companies that supply surveillance technologies to governments, warning that many currently operate with limited accountability.
The Commissioner noted that the Committee’s latest initiative builds on its previous work regulating the production, trade and use of instruments associated with torture, including electric shock devices and restraints, adding that similar scrutiny is now required for digital surveillance technologies such as spyware, facial recognition systems and data collection platforms.
Committee Invites Research on Digital Surveillance
The Committee said the call for papers is intended to generate evidence and expert analysis on how digital surveillance is being used, supervised or misused across Africa and its implications for preventing torture and ill-treatment.
It encouraged contributors to propose practical recommendations for strengthening legal frameworks, improving oversight mechanisms and ensuring greater accountability for both state institutions and private technology providers involved in surveillance activities.
Among the priority areas identified are the regulation of dual-use surveillance technologies, internet shutdowns, communications interception, geolocation, facial recognition, biometric profiling, digital evidence obtained under duress and the role of national human rights institutions in addressing surveillance-related abuses.
The Committee said researchers, academics, journalists, human rights defenders, national human rights institutions, national preventive mechanisms, civil society organisations, research centres and international organisations are encouraged to submit papers.
It added that full proposals must be submitted on or before September 10, 2026, noting that the exercise forms part of broader efforts to strengthen safeguards against torture while promoting the responsible use of digital technologies across Africa.
Balancing Innovation with Human Rights
The Committee said technological advancement should not come at the expense of fundamental freedoms, stressing that digital innovation must be accompanied by effective legal safeguards and independent oversight.
It noted that surveillance technologies should be used in ways that respect human dignity, privacy and internationally recognised human rights standards.
According to the Committee, strengthening accountability around the deployment of surveillance technologies is essential to preventing abuse and protecting democratic space across African countries.
It also emphasised the need for governments, civil society organisations, researchers and technology companies to work together in developing transparent policies that balance public security with the protection of civil liberties.
Formerly known as the Robben Island Follow-up Committee, the CPTA is a special mechanism of the ACHPR mandated to oversee the implementation of the Robben Island Guidelines on the prohibition and prevention of torture and other cruel, inhuman or degrading treatment or punishment in Africa.
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