The Resolution on Internet Shutdowns and Elections in Africa adopted by the African Commission on Human and Peoples’ Rights at its 78th Private Ordinary Session on March 8, 2024, marks a progressive stepfor electoral democracy in Africa.
Anchored on the African Charter on Democracy, Elections and Good Governance and other regional and international human rights instruments, the resolution calls on African countries to take the necessary legislative and other measures to ensure unrestricted and uninterrupted access to the internet in the period leading up to, during and after elections. Article 4(1) of the African Charter on Democracy, Elections and Good Governance calls on State Parties to promote democracy, the rule of law and human rights.
In addition, the resolution calls on states to refrain from ordering internet and telecommunications service providers from shutting down or disrupting internet access and other digital communication platforms. It also requires these service providers to inform users of potential disruptions and to exercise due diligence to expeditiously resolve any disruptions.
Article 9 of the African Charter on Human and Peoples’ Rights, and Principles 37(2), 38(1) and 38(2) of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, recognise and emphasise the value of freedom of expression and access to information, including through the use of digital technologies. Similarly, Article 26 of the Guidelines on Access to Information and Elections in Africa calls on telecommunications and broadcasting media regulators and national security agencies in both the public and private spheres to refrain from acts that seek to block the internet during electoral processes.
Notably, the resolution is a wake-up call for African countries as they head into elections to safeguard the credibility of elections since internet shutdowns often discredit electoral processes, raise suspicions of states’ actions, and raise questions about the accountability and transparency of electoral processes.
Thus the resolution is a timely intervention this year when 21 African countries ( Algeria, Botswana, Burkina Faso, Cape Verde, Chad, Comoros, Ethiopia, Ghana, Guinea-Bissau, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Rwanda, Senegal, South Africa, South Sudan, Tanzania, Togo and Tunisia) will hold elections.
CIPESA commends the Commission for issuing this fundamental resolution which shines a light on the significance of the internet in facilitating freedom of expression and access to information, which are key tenets of electoral processes.
According to Ashnah Kalemera, the Programmes Manager at CIPESA, “This resolution is a welcome milestone which reflects CIPESA’s and partners’ consistent advocacy against network disruptions in Africa. The timing is critical given that 2024 is the year of democracy, with many countries on the continent going to the polls. ”
Meanwhile, the African Charter on Democracy, Elections and Good Governance has so far been ratified by 38 member States. Many countries that are yet to ratify the instrument, such as Eswatini, Gabon, Morocco, Somalia, Tanzania, the Democratic Republic of Congo, Tunisia and Uganda, have implemented internet disruptions during electoral processes.
In line with the provisions of the resolution, CIPESA will continue to enhance its efforts to advocate for open access to the internet as a tool for advancing freedom of expression, access to information and participation in electoral democracy.
Gender diversity in political leadership is critical for promoting equity, inclusion, and economic benefits. However, gender disparities in political participation still exist globally, particularly in Africa. Digital technologies can assist in solving this disparity given their ability to give voice and civic agency to different political actors, especially women, and space for political engagement. As enshrined in Sustainable Development Goal 5 on Gender Equality, digital technologies have the potential to increase women’s inclusion, participation, and engagement in politics, providing them with a platform to have their voices heard. Indeed, women in politics are increasingly leveraging the power of various digital tools, and in particular social media platforms, to connect with their constituencies.
Despite this reliance on online social platforms, women in politics have also become the targets of online threats and abuse. These attacks are heightened during election periods and when women voice dissenting opinions. This technology-facilitated gender-based violence (TFGBV) not only impedes women’s equitable and meaningful participation in public offices but also their long-term willingness to engage in public life. Further, it negatively influences the broader spectrum of women consuming or engaging with their content and consequently undermines the realization of the Sustainable Development Goals.
Addressing these challenges is essential to ensure that digital technologies become true enablers for the enhancement of women’s participation in democracy and good governance, including in politics, rather than exacerbating existing disparities in Africa.
This month, we join the global community in celebrating women under the themes of #InspireInclusion, which encourages the realisation of a gender-equal world free of bias, stereotypes and discrimination. However, amidst the global celebration, it is crucial to spotlight the persistent TFGBV faced by African women in politics and the need to increase investment into addressing these concerns as highlighted by the United Nations campaign themed #InvestInWomen.
In an upcoming webinar, the Collaboration in International ICT Policy for East and Southern Africa (CIPESA) will focus on the importance of increased political inclusion of women in politics. The role of active online engagement will be highlighted as a key driver in enabling the needs of women in politics in various African countries and as a tool to meaningfully participate in the information society. More importantly, the webinar will cast a spotlight on how women in active politics in various African countries are pushing back against the violence and negative narratives online and the role that legal frameworks and platforms have to play in addressing TFGBV associated with political spaces and discourse.
Leaders in charge of various data protection agencies and Civil Society Organisations (CSOs) who met at the East African Exchange on Data Protection held in Kampala, Uganda on March 6, 2024, recognised the need to buttress data protection by promoting the right to privacy in the region.
The event drew representatives of government agencies and CSOs from Burundi, the Democratic Republic of Congo, Kenya, Rwanda, Somalia, South Sudan, Tanzania, and Uganda. Speaking to the importance of the Data Exchange programme, Stella Alibateese, the Director of the National Personal Data Protection Office in Uganda emphasised the need to enhance the right to privacy.
“As we navigate these waters, we must recognise the diverse stages of development and implementation of data protection and privacy laws across our partner states in the East African Community,” she said. “Yet, within this diversity lies our strength – the unparalleled opportunity for knowledge exchange, peer learning, and collective growth.”
Dr. Chris Baryomunsi, Uganda’s Minister of ICT and National Guidance, underscored the need for collaboration in dealing with the complexities of data protection. “As a bloc, we must therefore embrace innovative solutions and continue these collaborative efforts amongst regulators, development partners, businesses, and the general public so as to achieve effective data protection and respect for privacy rights,” said Baryomunsi. “I am confident that the outcomes of this knowledge exchange will go a long way in defining a regional approach to addressing emerging threats in data protection.”
Data privacy is necessary for enhancing state relations in trade and business. This includes e-commerce, transport, movement of goods and services, efficiency of service delivery, movement of persons and labour, and information exchange for a quicker economic integration process.
While the East Africa Community (EAC) stands on four pillars (the Customs Union, the Common Market, Monetary Union and Political Federation), which are the core foundations for economic development, the Customs Union, movement of persons, movement workers and the Monetary Union involve mass collection of personal data including in trade and business and travel.
Additionally, not all the states in the region have established strong safeguards on data protection and privacy. For instance, while Kenya, Rwanda, Somalia, South Sudan, Tanzania, and Uganda have specific legislation on data protection, some of the laws are criticised for failing to meet internationally accepted standards by, among others, not having clear and independent authorities to oversee and manage personal data and privacy. Another concern is that Burundi and the Democratic Republic of Congo are yet to enact specific laws on data protection, which puts data movement in the region at risk.
Nevertheless, according to Annette Ssemuwemba, Deputy Secretary General for Customs, Trade and Monetary Affairs at the EAC, the bloc is undertaking measures to come up with a harmonised framework on data security. She said such a harmonised framework has the potential to inform data protection practices across the region with high chances of setting a common standard amongst the member states.
Meanwhile, the existing data protection agencies in the EAC Member States face common challenges. These include limited financial resources, lack of sufficient technical and competent staff with a firm grasp of data protection and privacy issues, and receiving of complaints which are not necessarily related to the right to privacy. These challenges have undermined the potential of a transformational data privacy era in the region including in carrying out investigations into data breaches and adjudicating complaints.
Nevertheless, the need to leverage more opportunities for data exchange were highlighted. These include through knowledge exchange, collaboration, governments’ political will, professionalisation of the technology sector, independence of the data protection agencies, ratification of the Malabo Convention, picking lessons from the General Data Protection Regulation (GDPR) of the European Union and the adoption of a uniform code for personal data protection in the region. Such measures could spur the protection and promotion of the right to privacy nationally, regionally, and internationally. Similarly, EAC countries without data protection should swiftly enact them to be on the same page with the rest.
The ubiquity of generative artificial intelligence (AI)-based applications across various sectors has led to debates on the most effective regulatory approach to encourage innovation whilst minimising risks. The benefits and potential of AI are evident in various industries ranging from financial and customer services to education, agriculture and healthcare. AI holds particular promise for developing countries to transform their societies and economies.
However, there are concerns that, without adequate regulatory safeguards, AI technologies could further exacerbate existing governance concerns around ethical deployment, privacy, algorithmic bias, workforce disruptions, transparency, and disinformation. Stakeholders have called for increased engagement and collaboration between policymakers, academia, and industry to develop legal and regulatory frameworks and standards for ethical AI adoption.
The Global North has taken a leading position in exploring various regulatory modalities.These range from risk-based or proportionate regulation as proposed by the European Commission’s AI Act. Countries such as Finland and Estonia have opted for a greater focus on maintaining trust and collaboration at national level by adopting a human-centric approach to AI. The United Kingdom (UK) has taken a “context-specific” approach, embedding AI regulation within existing regulatory institutions. Canada has prioritised bias and discrimination, whereas other jurisdictions such as France, Germany and Italy have opted for greater emphasis on transparency and accountability in developing AI regulation.
On the other hand, China has taken a more firm approach to AI regulation, distributing policy responsibility amongst existing standards bodies. The United States of America (USA) has adopted an incremental approach, introducing additional guidance to existing legislation and emphasising rights and safety.
Whilst there are divergent approaches to AI regulation, there is at least some agreement, at a muti-lateral level, on the need for a human-rights based approach to ensure ethical AI deployment which respects basic freedoms, fosters transparency and accountability, and promotes diversity and inclusivity through actionable policies and specific strategies.
The White Paper calls for a harmonised approach to AI adoption and underscores the importance of developing an enabling governance framework to “provide guidelines for implementation and also keep AI development in check for negative impacts.” Furthermore, the White Paper calls on member states to adopt national AI strategies that emphasise data safety, security and protection in an effort to promote the ethical use of AI.
The White Paper proposes a mixed regulatory and governance framework, depending on the AI use-case. First, the proposals encompass self-regulation, which would be enforced through sectoral codes of conduct, and which offer a degree of flexibility to match an evolving AI landscape. Second, the White Paper suggests the adoption of standards and certification to establish industry benchmarks. The third proposal is for a distinction between hard and soft regulation, depending on the identified potential for harm. Finally, the White Paper calls for AI regulatory sandboxes to allow for testing under regulatory supervision.
Figure 1: Ethical AI framework
However, there are still concerns that African countries are lagging behind in fostering AI innovation and putting in place the necessary regulatory framework. According to the 2023 Government AI Readiness Index, Benin, Mauritius, Rwanda, Senegal, and South Africa are ahead in government efforts around AI out of the 24 African countries assessed. The index measures a country’sprogress against four pillars: government/strategy, data & infrastructure, technology sector, and global governance/international collaboration.
The national AI strategies of Mauritius, Rwanda, Egypt, Kenya, Senegal and Benin have a strong focus on infrastructure and economic development whilst also laying the foundation for AI regulation within their jurisdictions. For its part, Nigeria has adopted a more collaborative approach in co-creating its National Artificial Intelligence Strategy, with calls for input from AI researchers.
Thinking beyond technical AI regulation
Despite increasingly positive signs of AI adoption in Africa, there are concerns that the pace of AI regulation on the continent is too slow, and that it may not be fit for purpose for local and national conditions. Some analysts have warned against wholesale adoption of policies and strategies imported from the Global North, and which may fail to consider country-specific contexts.
Some Global South academics and civil society organisations have raised questions regarding the importation of regulatory standards from the Global North, some even referring to the practice as ‘data colonialism’. The apprehension of copy-pasting Global North standards is premised on the continent’s over-reliance on Big Tech digital ecosystems and infrastructure. Researchers indicate that “These context-sensitive issues raised on various continents can best be understood as a combination of social and technical systems. As AI systems make decisions about the present and future through classifying information and developing models from historical data, one of the main critiques of AI has been that these technologies reproduce or heighten existing inequalities involving gender, race, coloniality, class and citizenship.”
Other stakeholders caution against ‘AI neocolonialism’, which replicates Western conventions, often resulting in poor labour outcomes and stifling the potential for the development of local AI approaches.
Proposals for African solutions for AI deployment
There is undoubtedly a need for ethical and effective AI regulation in Africa. This calls for the development of strategies and a context-specific regulatory and legal foundation, and this has been occurring in various stages. African policy-makers should ensure a multi-stakeholder and collaborative approach to designing AI governance solutions in order to ensure ethical AI, which respects human rights, is transparent and inclusive. This becomes even more significant given the potential risks to AI during election season on the continent. Beyond framing local regulatory solutions, stakeholders have called for African governments to play a greater role in global AI discussions to guard against regulatory blindspots that may emerge from importing purely Western approaches. Perhaps the strongest call is for African leaders to leverage expertise on the continent, and promote greater collaboration amongst African policymakers.
Today, the world celebrates International Women’s Day 2024 under the theme of #InspireInclusion, which encourages the realisation of a gender-equal world free of bias, stereotypes and discrimination. However, amidst the global celebration, it is crucial to spotlight the persistent challenges faced by African female journalists, both online and offline.
A 2020 global survey conducted by UNESCO confirmed a disturbing trend: online attacks targeting women journalists are on the rise at an alarming rate. These attacks are part of a deliberate strategy to intimidate, degrade, and silence women in the media industry. Such violence aims to instill fear, undermine professionalism, discredit journalistic integrity, erode trust in factual reporting, and ultimately stifle women’s active participation in public discourse especially as these attacks don’t just affect the targeted journalists – they also impact their sources and audiences, encourage self-censorship leading to a chilling effect on freedom of expression and access to information.
Research shows that the tactics used to attack women journalists is dominated by online trolling which often takes the form of gendered and sexualised attacks and, often involves body shaming. Trolling which has evolved into the practice of coordinated cyber armies that run campaigns – sometimes sponsored by some government officials and other powerful political actors.
It should be noted that online violence also shifts into offline spaces – with potentially deadly consequences. However, despite this, there remains a disturbing trend, particularly for African women journalists who experience online abuse – they often hesitate to seek justice and, when they do, encounter challenges in having their complaints taken seriously and thoroughly investigated.
Notably, the low levels of digital security skills and the inadequacy of existing laws in tackling trolling and Technology-Facilitated Gender-Based Violence (TFGBV), only exacerbate the challenges African women journalists face in the profession.
African female journalists are instrumental in conveying key narratives, shedding light on issues of importance, and amplifying marginalised voices and concerns. However, the increased affronts to their profession and presence in online discourse encourage self-censorship and unmeasurable impact on access to information and freedom of expression of this key segment of society.
In the first Africa Media Freedom and Journalists’ Safety Report released in 2022, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the United Nations Educational, Scientific and Cultural Organization (UNESCO) reiterated the growing presence of Technology-Facilitated Gender-Based Violence (TFGBV) as a deterrent to press freedom, especially for women.
It is against this backdrop that CIPESA has consistently pursued various interventions aimed at enhancing the safety and inclusion of women in online spaces. Some of the initiatives have been specific to addressing the needs of African women journalists, such as a Media Masterclass and Reporting Grant, research into online safe spaces for women, both of which were conducted under the WomenAtWeb project of Deutsche Welle (DW). Further, CIPESA gave grants aimed at enhancing gendered digital inclusion and women journalists’ safety under the Africa Digital Rights Fund to beneficiaries in Somalia, Malawi and Tanzania, as well as in Ghana and Nigeria.
This year, in partnership with the International Programme for the Development of Communication (IPDC) of UNESCO, CIPESA is supporting media development efforts to promote a safe, independent, and pluralistic press, including through addressing the gender dynamics of media freedom and journalists’ safety in Africa.
In recognition of Women’s Month, a series of workshops will be hosted alongside Digital Security Cafes for women journalists, media practitioners, and content producers in Ethiopia, Tanzania, and Uganda.
The workshops will include discussions based on the findings of Africa Media Freedom and Journalists’ Safety Report with a focus on elevating awareness of what can be done to pursue more inclusive measures for women journalists.
Further women’s month efforts will be a webinar on African women in politics with the aim of highlighting the importance of increased political inclusion of women in politics. The role of active online engagement will be highlighted as a key driver enabling the needs of women in politics in various African countries and as a tool to participate in the information society meaningfully. More importantly, the webinar will cast a spotlight on how women in active politics in various African countries are pushing back against the negative narratives online and the role that actors such as policy makers and platforms have to play in addressing TFGBV associated with political spaces and discourse.
