2. INTERNATIONAL FRAMEWORKS ON 			
SURVEILLANCE AND PRIVACY ISSUES
Surveillance is strongly linked to practices of privacy. An increase in surveillance practices, deleteriously
impact the enjoyment of the right to privacy. As espoused in many regional and international statutes, privacy
is a fundamental human right. The 1948 Universal Declaration of Human Rights recognises the right to privacy.
The International Covenant on Civil and Political Rights (UN 1966) equally recognises the right to privacy of
communication as a universally guaranteed right. Article 12 of the Universal Declaration of Human Rights states that:

No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honour and reputation.
Everyone has the right to the protection of the law against such interference
or attacks’
(UN, 1948)

Article 17 of The International Covenant on Civil and Political Rights reinforces the right to the protection of
privacy without discrimination. These international legal instruments, however, recognises violations that are
based on law. Yet, in the same vein, they recognise that the violation should have to intention to achieve
a legitimate aim, and as such, it should be proportionate to the aim being pursued (Privacy International
2014). Majority of legal instruments also recognises the dangers of mass and indiscriminate surveillance. The
preference is for targeted surveillance that pursues legitimate aims. In addition to legitimacy, surveillance ought
to be proportionate, and making provision for other safeguards like user notification, judicial authorisation and
other transparency and oversight mechanism supposed to be inflected within the practice.

INTERNATIONAL LEGAL INSTRUMENTS
The UN Human Rights Council promulgated the Promotion, Protection and Enjoyment of Human
Rights on the Internet in 2016. In 2018, the UN passed the Right to Privacy in the Digital Age. Both
instruments recognises the right to privacy and the need to limit surveillance. They, therefore,
provide guides on which local legislation can draw on in order to provide rules and regulations
that protect privacy as a fundamental human right. Moreover, both international instruments
provide a standard on which local surveillance regulations can be assessed in term of the extend
to which they align with global standards for the protection of privacy.

REGIONAL LEGAL INSTRUMENTS
At a regional level of SADC, The Declaration of Principles on Freedom of Expression and Access to
Information promulgated by the African Union (AU) remains the guide on which surveillance and
privacy issues are clearly articulated. The instrument is very clear in terms of the circumstances
under which surveillance can be permissible. It states thus,
A SURVIVAL TOOLKIT FOR JOURNALISTS

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