Is a Recognised Identity a Human Right in the Digital Realm?
Across Africa, challenges in terms of provable identity abound. Whether from a lack of proper documentation, to failing systems, or fraud – not having an identity is hugely limiting in all spheres of life. At a recent conference a European speaker expanded on this concept, noting that many African countries face identity challenges; making it impossible for their people to access services, claim grants, or contribute to the economy in a meaningful way.
This begs the question – is a recognised identity a human right? If yes – and of course, the answer must be yes – then how can this identity be extended to the digital realm?
In Africa, it is clear that even if an identity document is present, there is no guarantee that it is valid or legally recognised. The global consequence of poor identity control is made clear by the requirement to have a VISA for 96 different countries, if travelling from South Africa. What does this mean? The world does not trust a South African (read African) identity document.
Yet possessing this ID document is the key to services – employment, school enrolment, driver’s license, access to grants and economic enablement. No recognised identity equates to being invisible to the state, and the economy. With this in mind, it is clear that having a valid, recognised form of identity must be a basic human right.
Using South African Social Security Agency (Sassa) grants as a further example, rampant fraud led to the re-vetting of all grants. Yet, although the Agency attempted to be more stringent in its identity control, this process was hamstrung by persistent identity issues for the people it serves. Some operated on fraudulent documents, others simply had no ID documentation, while most had some form outdated or inaccurate documentation. These people can no longer access their grants – and for those operating fraudulently, that’s fair enough – but what about those who are legitimately entitled?
In this age, these identity concerns undoubtedly extend to the digital realm. Today, anyone can create a digital ID, interact online, and expose themselves to digital risk with no protection. This is because they don’t have access to a proper, trusted digital identity. Here the risks lie in using services with an identity that is not encrypted, exposing the user to all the ills on the internet (and they are legion). With major data breaches occurring every week, unprotected information is being exploited daily.
The crux of the matter is that, just as a legitimate identity is a human right, so a secure digital identity is a basic right too. Every single person should have access to a secure digital identity and the protection afforded by it.
Africa's Growth and Opportunity Act (AGOA) explicitly states the intent to allow trade to move more freely between different regions. The only way that this can become a reality, is if Africans have the necessary identity recognition and protection to transact securely. A mining consultant in Ghana must be able to trust that the document signed digitally by Carrie in South Africa is legitimate and irrefutable – and that it can be authorised that Carrie truly is Carrie.
This principle applies not just in the space of electronic signatures, but across every facet of every digital transaction. We must be able to trust the person we are transacting with across borders – and so too must they be able to trust us. Similarly, a digital identity goes much further than an electronic signature. It is built on Public Key Infrastructure (PKI), it is also the chip in drivers’ licenses or ID cards, linked to a smart passport, and will soon be linked to biometrics for VISA verification across borders.
Digital identity in Africa is such an important economic enabler that the global Cloud Signature Consortium (CSC) organisation is hosting its Annual AGM in Cape Town in Autumn 2025. This forms part of the CSC’s mission to eradicate money laundering and fraud, while helping countries to avoid being added to the grey list. This is achieved through proven electronic Know Your Customer (eKYC) processes – designed to promote a secure digital economy built on mutual recognition and interoperability.
If we extend the unreliability of physical identities in Africa to unprotected digital IDs, we will essentially be excluding Africa from global economic trade. To drive our continent forward, this must be addressed. Providing citizens with access to a secure digital identity is the only vehicle by which this can be achieved. Soon every identity will demand a digital component. If we understand that, if our true intention as a government and continent is to create this economic free trade environment, then we need to align properly on digital identity and recognise that it is a basic human right.
Of course, this is a real, tangible, and immediate need – but it is essential to recognise just how critical this is going to become in the future; and why. As Artificial Intelligence continues to evolve, a number of new threats arise on the digital horizon.
First, there’s the opportunity for scaled deception using AI. Picture the Nigerian Prince who wants to share his inheritance can now send many more, much more realistic emails and interactions using AI. Secondly, AI will inevitably result in the creation of synthetic identities online where an AI (something that does not have a real identity) passes as a person – can create bank accounts, store accounts and many other services that are traditionally only available to real humans. Third is the loved-up catfish. Thought finding love online only to realise it’s a scam was tough? AI can build and nurture deeper and more deceptive relationships with victims. Lastly, people are even going to contract with AIs – but who holds responsibility here? This is not science fiction – in recent events, Air Canada AI invented a policy that made an inappropriate, unauthorised commitment to a customer in writing.
To mitigate these threats, a provable digital identity will become an absolute requirement. Of course, AI offers much more than threats. There are many benefits and efficiencies created as personal assistant AIs free up much needed human capacity. However, the right to be recognised as a real person, to be distinguished from a machine, or to act on behalf of a real person is going to become a defining locus of legislation efforts across the globe.