
When a government wants to commit abuses without witnesses, it first switches off the lights, and today that means switching off the network.
In November 2020, war began in Ethiopia's Tigray region. Telecommunications, internet, and banking services were cut across much of the region, and the blackout lasted until the Pretoria Peace Agreement of November 2022. Families could not learn whether their relatives were alive. Journalists could not report. Evidence could not leave. Meanwhile, beyond the blackout, social media platforms carried ethnic incitement into the lives of ordinary people.
One case now before the Kenyan courts puts a human face on this. Abrham Meareg alleges that Facebook's systems amplified posts that targeted his father, Professor Meareg Amare, before he was killed in November 2021. In April 2025, Kenya's High Court ruled that it has jurisdiction to hear the claim. I make no finding on the merits of that case, because only a court can do so. But I will say what the case reveals. A man in Africa is asking whether a recommendation algorithm can be held legally responsible for contributing to a death. That is a question about law, not about technology, and the world has not yet answered it.
This is the crisis of our age. I call it automated authoritarianism: the use of artificial intelligence, mass digital surveillance, and biometric control to monitor, classify, silence, and exclude human beings at a speed and scale no secret police force of the twentieth century could have imagined. It does not need the midnight knock. It needs only data, and we have been handing it over.
The Legal Indictment
I will speak as a lawyer would, because the law is already on our side.
Article 17 of the International Covenant on Civil and Political Rights protects every person against arbitrary or unlawful interference with privacy. Article 19 protects the freedom to seek, receive, and impart information. The Human Rights Council has itself condemned measures that intentionally prevent or disrupt access to information online in its 2016 resolution. Access Now's #KeepItOn campaign recorded 296 internet shutdowns in 54 countries in 2024. These are not accidents of infrastructure. They are decisions.
Article 18 of the Covenant protects freedom of thought, and it is among the few rights that Article 4(2) places beyond derogation, even in a public emergency. The law has therefore long recognised that the inner life of a human being is the one territory the state may never enter. A system built to predict, profile, and steer a person's mind through behavioural data challenges that territory directly. In November 2025, UNESCO's General Conference adopted its Recommendation on the Ethics of Neurotechnology, the first global standard to define neural data and to call for strong protections for mental privacy. It is not binding. It shows that the world's governments already accept the principle. What is missing is the obligation.
Three Cases the World Must Not Look Away From
The Pegasus system. In July 2021, the Pegasus Project, coordinated by Forbidden Stories with forensic analysis by Amnesty International's Security Lab, reported on a leaked list of more than 50,000 phone numbers believed to be of interest to clients of NSO Group. Forensic examination confirmed Pegasus on many of the devices tested, including those of journalists and activists. The United States placed NSO Group on its Entity List in November 2021.
The courts have since made findings. In May 2025, a US jury ordered NSO Group to pay WhatsApp $444,719 in compensatory damages and more than $167 million in punitive damages over the targeting of about 1,400 users. In October 2025, the judge issued a permanent injunction against NSO Group but reduced the punitive damages to about $4 million. NSO Group has appealed, and it maintains that its tools serve to fight crime and terrorism. In 2026, Meta reportedly asked the court to hold NSO Group in contempt for violating the injunction. The lesson is plain. A private company sued over its own platform can win protection. A journalist in Lomé, a lawyer in Kampala, or a mother in a camp has no such champion.
Algorithmic disenfranchisement in refugee camps. Refugees are asked to surrender their fingerprints and irises in exchange for food and shelter. In June 2021, Human Rights Watch reported that UNHCR had shared the personal data of Rohingya refugees with Bangladesh, which in turn shared it with Myanmar, the country they had fled, without meaningful informed consent. A person who has fled persecution cannot freely refuse to enrol when refusal means hunger. Consent given under that kind of duress is not consent. This is digital apartheid: a class of human beings is entered into databases they cannot inspect, challenge, or leave.
Predictive policing and automated sentencing. In 2016, ProPublica analysed the COMPAS risk-scoring tool used in US courts. It found that Black defendants who did not reoffend were almost twice as likely as white defendants to be wrongly labelled higher risk. The developer disputed that analysis. The same year, the Wisconsin Supreme Court in State v. Loomis allowed the use of COMPAS at sentencing, with cautions, even though the defendant could not examine the proprietary method behind his score. Whatever one makes of the statistics, the principle is indefensible. No person should lose liberty on the strength of a calculation they are forbidden to cross-examine.
Where the Law Falls Short
The European Union's AI Act, which entered into force in August 2024, deserves credit. It prohibits practices including untargeted scraping of facial images and emotion recognition in workplaces and schools. It restricts real-time remote biometric identification in public spaces by law enforcement. But it allows narrow exceptions, and civil society organisations have criticised its carve-outs for national security and migration. A ban with exceptions invites governments to claim that every exception applies. The Council of Europe's Framework Convention on Artificial Intelligence, opened for signature in September 2024, is a real step, but it too is a regional instrument. Authoritarianism that is automated is also exported. A surveillance system sold across a border escapes the law of the country that built it.
The Framework I Propose
I call on the community of nations to build three instruments.
First, an International Treaty on Algorithmic Sovereignty and Cognitive Liberty. It should do four things:
- Codify that freedom of thought is inviolable, extending Article 18 to mental privacy and freedom from covert behavioural manipulation.
- Classify neural data and mental-state inferences as the most protected category of personal data.
- Require independent human rights impact assessments before any state or corporate deployment of AI at scale.
- Guarantee every person the right to a human decision-maker and to an explanation for any automated decision that affects liberty, status, or livelihood.
Second, a universal ban on remote biometric identification in publicly accessible spaces, without exception for convenience, commerce, or political comfort. A person must be able to walk through a street, a market, or a camp without being identified by a machine. The ban must cover export as well as domestic use so that no state can outsource to a foreign vendor what its own law forbids.
Third, an International Court of Digital Redress. Such a court takes time to build, but the General Assembly could begin now. Vanuatu led the request for an advisory opinion that the International Court of Justice delivered on climate obligations in July 2025. The same route is open to us. A coalition of states can ask the ICJ to clarify what existing law requires of states that shut down networks, deploy mass surveillance, and export spyware. Out of that opinion can grow a standing tribunal with the power to hear individual complaints, order remedies, fund reparations, and hold those responsible to account. I would also ask that Article 7 of the Rome Statute be studied for its application to systematic, widespread digital persecution of civilians.
The Coalitions We Must Build
Laws will not enforce themselves. I call for three alliances.
A Global Whistleblower Shield Protocol. The engineers, analysts, and contractors who build these systems are the first to know what they are for. They need protection, secure channels, and safe passage when they speak out. The European Union's Whistleblower Directive of 2019 shows that such protection can be written into law. The protocol should extend it globally.
A Human Rights-Tech Coalition. Technologists, lawyers, forensic researchers, and affected communities should share one standing table. Amnesty's Security Lab and the Citizen Lab have shown what independent forensic work can do. It must be funded, protected, and expanded.
Sovereign Tech Funds for Citizens. The Global South should not have to choose between surveillance imported on credit and no digital infrastructure at all. Public funds, drawing on contributions from the technology industry, should finance open-source, rights-respecting systems that nations and communities own.
Why This Fight Belongs to Africa
Ghana has a stake in this. Our 1992 Constitution protects privacy in Article 18, and our Data Protection Act of 2012 created a regulator. The African Union's Malabo Convention on Cyber Security and Personal Data Protection entered into force in 2023. These are foundations, not finished houses. Africa led the fight against colonialism in its physical form. It must now lead the fight against its digital form: surveillance systems purchased without public debate, data extracted without consent, and exported without benefit to the people who produced it. Nations that only recently won their freedom have every reason to refuse to be governed by an algorithm they cannot see.
To Those Who Say It Is Inevitable
I reject technological fatalism. The machine does not choose its master. People do, in parliaments, in boardrooms, and in procurement offices. Every surveillance contract was signed by a human hand, and every shutdown was ordered by a human voice. What humans built, humans can bind by law.
I therefore issue a direct challenge. To the United Nations Security Council: place the weaponisation of AI and spyware on your agenda as a matter of international peace and security. To the General Assembly: seek the advisory opinion and open the treaty negotiations. To the companies that build and sell these tools: disclose your clients, accept independent audits, and stop doing business with those who use your products to persecute their own people. To my fellow citizens in Ghana, across Africa, and across the world: demand that the right to a free mind be written into law before the infrastructure to violate it becomes permanent.
The question facing this century is whether a human being remains the author of their own life. I say yes, and I say it must be written into law.
Chief Tutu Baffour Asare Brownsy Williams is an author, columnist, human rights activist, and UN Online Volunteer, writing in a personal capacity.



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