Human rights and encryption
African countries
### African countries

The African ([Banjul](/wiki/African_Charter_on_Human_and_Peoples%27_Rights "African Charter on Human and Peoples' Rights")) Charter on Human and People's Rights, was adopted in the context of the [African Union](/wiki/African_Union "African Union") in 1981\.African (Banjul) Charter on Human and People's Rights, Adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982\), entered into force October 21, 1986\. A Protocol to the Charter, establishing the [African Court on Human and Peoples' Rights](/wiki/African_Court_on_Human_and_Peoples%27_Rights "African Court on Human and Peoples' Rights") was adopted in 1998 and came into effect in 2005\. In the area of [information policy](/wiki/Information_policy "Information policy"), the African Union has adopted the African Union Convention on Cyber Security and Personal Data Protection.African Union Convention on Cyber Security and Personal Data Protection, adopted on June 27, 2014\. The Convention has currently been signed by 8 of the Member States. The provisions on personal data protection in this Convention generally follow the [European model](/wiki/European_Union "European Union") for the protection of data privacy and contains a number of provisions on the security of personal data processing. A civil society initiative has adopted a specific African Declaration on Internet Rights and Freedoms "to help shape approaches to Internet policy\-making and governance across the continent".

#### Northern Africa

Different countries in the [North\-African](/wiki/North_Africa "North Africa") region have not seen a significant rise in legal actions aiming at the suppression of encryption in the [transformations that started in 2011](/wiki/Arab_Spring "Arab Spring"). Although legislation often dates back to before the transformations, the enforcement has become stricter since then. No difference in the position towards cryptography can be seen between the countries that had successful revolutions and went through regime changes and those that didn't.

[Tunisia](/wiki/Tunisia "Tunisia") has several laws that limit online anonymity. Articles 9 and 87 of the 2001 Telecommunication Code ban the use of encryption and provide a sanction of up to five years in prison for the unauthorized sale and use of such techniques.

In [Algeria](/wiki/Algeria "Algeria"), users have legally needed authorization for the use of cryptographic technology from the relevant telecommunications authority ARPT (Autorité de Régulation de la Poste et des Télécommunications) since 2012\.

In [Egypt](/wiki/Egypt "Egypt"), Article 64 of the 2003 Telecommunication Regulation Law states that the use of encryption devices is prohibited without the written consent of the NTRA, the military, and national security authorities.

In [Morocco](/wiki/Morocco "Morocco"), the import and export of cryptographic technology, be it soft\- or hardware, requires a [license](/wiki/License "License") from the government. The relevant law No. 53\-05 (Loi n° 53\-05 relative à l'échange électronique de données juridiques) went into effect in December 2007\.

#### East Africa

There are no specific provisions in effect in countries in the [East\-African](/wiki/East_Africa "East Africa") region restricting the use of encryption technology. As in other African countries, the main reason given for State surveillance is the prevention of [terroristic](/wiki/Terroristic_threat "Terroristic threat") attacks. [Kenya](/wiki/Kenya "Kenya") with its proximity to [Somalia](/wiki/Somalia "Somalia"), has cited this threat for adopting restrictive actions. The country has recently fast\-tracked a Computer and Cybercrime Law, to be adopted in the end of 2016\.See MyGov, Computer and cybercrime law to be in place before end year, June 29, 2016, http://www.mygov.go.ke/?p\=10848 In [Uganda](/wiki/Uganda "Uganda") a number of laws and [ICT](/wiki/Information_and_communications_technology "Information and communications technology") policies have been passed over the past three years, none of them however deal with encryption. In 2016, following the Presidential Elections, the Ugandan government shut down social networks such as Twitter, Facebook and WhatsApp.

#### West Africa

[West\-African](/wiki/West_Africa "West Africa") countries neither limit the import or export of encryption technology, nor its use, most national and foreign companies still rely on the use of VPNs for their communication. [Ghana](/wiki/Ghana "Ghana") recently introduced a draft law aiming at intercepting electronic and postal communications of citizens, to aid crime prevention. Section 4(3\) of the proposed bill gives the government permission to intercept anyone's communication upon only receiving oral order from a public officer.Ajibola Adigun, Affront on Freedom in Ghana with the Introduction of Spy Bill, Student For Liberty, March 29, 2016, https://studentsforliberty.org/africa/2016/03/29/affront\-on\-freedom\-in\-ghana\-with\-theintroduction\-of\-spy\-bill/ Recently the Nigerian Communications Commission has drafted a bill regarding Lawful Interception of Communications Regulations.Nigerian Communications Commission, Draft Lawful Interception of Communications Regulations, available at http://bit.ly/1du7UKO If passed, the bill allows the interception of all communication without [judicial](/wiki/Judiciary "Judiciary") oversight or court order and forces mobile [phone companies](/wiki/Telephone_company "Telephone company") to store voice and [data communication](/wiki/Data_transmission "Data transmission") for three years. Furthermore, the draft plans to give the National Security Agency a right to ask for a key to decrypt all encrypted communication.

#### Southern Africa

Users in South Africa are not prohibited from using encryption.See Freedom House, Freedom on the Net 2015: South Africa, [https://freedomhouse.org/report/freedomnet/2015/south\-africa](https://freedomhouse.org/report/freedomnet/2015/south-africa) The provision of such technology, however, is strictly regulated by the Electronic Communications and Transactions Act, 2002\.

#### Central Africa

Countries in Central Africa, like the [Democratic Republic of Congo](/wiki/Democratic_Republic_of_the_Congo "Democratic Republic of the Congo"), the [Central African Republic](/wiki/Central_African_Republic "Central African Republic"), [Gabon](/wiki/Gabon "Gabon") and [Cameroon](/wiki/Cameroon "Cameroon") do not yet have a well\-developed [legal framework](/wiki/Legal_framework "Legal framework") addressing Internet policy issues. The Internet remains a relatively unregulated sphere.


How does the African Charter on Human and Peoples' Rights protect human rights?