Human Rights Day: Here’s How African Countries Should Advance Digital Rights

By Edrine Wanyama and Patricia Ainembabazi |

As the world marks Human Rights Day 2024, themed Our Rights, Our Future, Right Now, we are reminded of the urgent need to advance and protect human rights in an increasingly digital world.  Today, CIPESA joins the world in commemorating Human Rights Day and reflecting on the immense opportunities that the digital age brings for the realisation of human rights. Indeed, this year’s theme emphasises the need for immediate actions to safeguard rights in the digital sphere for a just and equitable future.

Whereas human rights have traditionally been enjoyed in offline spaces, the digital landscape presents unprecedented opportunities for the enjoyment of a broad range of rights, including access to information, civic participation, and freedom of expression, assembly, and association. However, the potential of digital technology to catalyse the enjoyment of these rights has steadily been threatened by challenges such as internet shutdowns, regressive laws that enable governments to clamp down on the digital civic space, and the digital divide.

The threats to digital rights, democracy, and the rule of law in Africa are numerous. They are often the result of growing authoritarianism and repression, political instability, corruption, the breakdown of public institutions, gender disparities, and growing socio-economic inequalities. Below are key intervention areas to advance digital rights on the continent.

Combat Internet  Shutdowns and Internet Censorship  

Internet shutdowns are increasingly used as a tool to suppress dissent, stifle freedom of expression, restrict access to information and freedom of assembly and association. The #KeepItOn coalition documented at least 146 incidents of shutdowns in 37 countries in Africa between January 2016 and June 2023. These disruptions continue despite evidence that they harm individuals’ rights, are counterproductive for democracy, and have long lasting impacts on national economies and individuals’ livelihoods.

A separate survey of 53 African countries shows that, as of 2023, the majority (44) had restrictions on political media, 34 had implemented social media restrictions, two restricted VPN use and seven restricted the use of messaging and Voice Over IP applications.
Governments must commit to keeping the internet open and accessible, while telecom companies must uphold transparency and resist arbitrary shutdown orders. The African Union’s recent Resolution 580 by the African Commission on Human and Peoples’ Rights (ACHPR) should specifically guide governments in keeping the internet on, even during electoral periods.

Curb Unmitigated Surveillance  

The privacy of individuals while using digital technologies is critical to protecting freedom of expression, the right to privacy, assembly, and association. Unregulated surveillance practices threaten privacy and freedom of expression across Africa, often targeting journalists, activists, and political opponents. Governments must adopt robust data protection laws, ensure judicial oversight over surveillance, and implement transparency mechanisms to prevent abuse.  In many countries,  laws governing state surveillance have gaps that allow state institutions to target government critics or political opposition members by conducting surveillance without sufficient judicial, parliamentary, or other independent, transparent and accountable oversight. 

Through research and training, CIPESA has highlighted the dangers of mass surveillance and supported the development of data protection frameworks. Our work with National Human Rights Institutions in countries like Ethiopia has strengthened their capacity to monitor and address surveillance abuses. 

Combat Disinformation  

The proliferation of disinformation is detrimental to citizens’ fundamental rights, including freedom of expression, access to information, freedom of assembly and association and participation, especially in electoral democracy. It also means that many citizens lack access to impartial and diverse information. Disinformation undermines trust, polarises societies, and disrupts democratic processes. Combating disinformation requires governments, civil society, and private sector collaboration on fact-checking, media literacy campaigns, and rights-respecting regulations.  

Our extensive research on countering disinformation in Africa provides actionable recommendations for addressing this challenge. By partnering with media organisations, platforms, and fact-checking initiatives, CIPESA has promoted factual reporting and fought misinformation, particularly during elections.

Fight Technology-Facilitated Gender-Based Violence (TFGBV)

Online harassment and abuse disproportionately target women and marginalised groups, limiting their ability to engage freely in digital spaces. Governments, intermediaries, and civil society must collaborate to ensure safer online environments and provide support systems for victims. Also, African countries need clear laws against TFGBV, with attendant capacity development for the judiciary and law enforcers to implement those laws.

CIPESA continues to conduct workshops on addressing gender-based violence in digital spaces and supporting organisations working on these issues, equipping key actors with tools to report and counter this vice. Our advocacy efforts have also emphasised platform accountability and comprehensive anti-TFGBV policies. 

De-weaponize the Law  

The digital civic space and the emerging issues such as disinformation, misinformation, false news and national security and public order have created opportunities for authoritarian governments to weaponise laws in the name of efforts to curb “abuse” by citizens. Unfortunately, the laws are employed as repressive tools targeted at curtailing freedom of expression, access to information, assembly and association online. Indeed they have been employed to gag the spaces within which freedoms were enjoyed, and to silence critics and dissenters. Governments should embark on a clear reform agenda to repeal all draconian legislation and enact laws which are progressive and align with the established regional and international human rights standards. 

As part of CIPESA’s efforts to expose civic space wrongs and manipulations through publishing of policy briefs and legal analyses, we enjoin partners, collaborators and other tech sector players in amplifying voices that call for actions to expose the misuse of laws on information disorder, anti-cybercrime laws and other repressive legislation through evidence based advocacy that could fundamentally  influence successful challenge of unjust laws in courts, regional forums and  human rights enforcement mechanisms for galvanisation of success across the continent.  

Arrest the Digital Divide  

The digital divide remains a significant barrier to the enjoyment of rights and to inclusive citizen participation, with rural, underserved communities, and marginalised groups disproportionately affected. This divide excludes millions from accessing opportunities in education, healthcare, and economic participation. Common contributing factors include high internet usage costs, expensive digital devices, inadequate digital infrastructure and low digital literacy. Addressing this gap requires affordable internet, investment in rural connectivity, and digital literacy programmes.

CIPESA’s research sheds light on the main barriers to connectivity and affordability, including the effective use of Universal Service Funds. Promoting inclusive digital access, particularly for marginalised communities, requires collective action from governments and other tech sector players, calculated towards enabling equitable access to, and utilisation of digital tools.

Promote Multistakeholder Engagements  

The complexity of digital rights challenges necessitates continuous collaboration and building of partnerships amongst governments, civil society, and private sector actors. CIPESA has facilitated multistakeholder dialogues that bring together diverse actors to address digital rights concerns, including national dialogues and the annual Forum on Internet Freedom in Africa (FIFAfrica). These engagements have led to actionable commitments form governments, civil society and other tech sector players and strengthened partnerships for progressive reforms. 


Last Word

CIPESA reaffirms its commitment to advancing digital rights for all across Africa. However, the challenges to meaningful enjoyment of digital rights and the advancement of digital democracy are myriad. The solutions lie in concerted efforts by various actors, including governments, the private sector, and civil society, all of whom must act now to protect digital rights for a better human rights future . 

New Toolkit to Guide National Human Rights Institutions in Promoting Digital Rights

Edrine Wanyama |

In an increasingly digital world, safeguarding human rights requires innovative tools, robust mechanisms, and strategic collaboration. Recognising this need, the International Center for Not-for-Profit Law (ICNL), the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), and Paradigm Initiative (PIN) have developed a groundbreaking Toolkit to strengthen the ability of National Human Rights Institutions (NHRIs) in Africa to protect and promote human rights in the digital era. 


While emphasising the role of NHRIs in both promoting and protecting these rights, the Toolkit demystifies digital rights by providing their relationship with the traditionally known rights and demonstrating how digital rights violations can occur. 

The digital transformation sweeping across the globe has created new opportunities for citizens to communicate, express themselves, and claim their various rights. However, it has also ushered in unprecedented challenges, including online censorship, surveillance, misinformation, and violations of privacy. These digital threats disproportionately affect marginalised communities, activists, and human rights defenders, making the role of NHRIs more critical than ever.

The Toolkit equips NHRIs with the knowledge, tools, and strategies they need to effectively address these challenges. It emphasises the intersection of human rights with digital technologies and provides actionable insights to promote accountability, transparency, and inclusivity in digital governance.

The Toolkit highlights the various forms of digital rights violations  such as internet shutdowns, throttling, and blocking; content restrictions including filtering and takedown orders, onerous obligations on intermediaries, restrictive content moderation policies, and the widespread and unchecked digital surveillance.  

Among the roles that NHRIs should play are providing technical advice to government ministries, legislators, the judiciary, and other stakeholders to shape progressive laws, designing digital literacy curricula, and capacity and awareness building of the relevant institutions and stakeholders. Others are research on the impact of digital technologies, application of regional and international human rights approaches, and oversight over public sector procurement of digital technologies.

How NHRIs Can Protect Digital Rights

In the context of digital rights, NHRIs may:

  • Monitor proposed legislation with respect to its impact on digital rights and submit recommendations on how to ensure human rights compliance. 
  • Incorporate digital rights topics, such as online privacy rights violations and incidents of government ordered network disruptions, into annual reporting and submissions to UN mandate holders and the Universal Periodic Review (UPR) and other regional and international human rights monitoring processes. 
  • Connect with domestic and regional digital rights organisations to coordinate efforts to address digital rights violations.
  • Revise existing intake material to systematically receive complaints of digital rights violations
  • Ensure internal policies and methodologies for investigating, analysing, and reporting take into consideration the types of information, data, and tools needed to address digital rights violations
  • When supporting complainants and victims, provide resources and referrals for digital security best practices and capacity building so they can better protect themselves as they seek redress
  • Investigate digital rights violations and call for the necessary measures to end them and ensure non-recurrence.

The Toolkit also underscores the need for NHRIs to build their internal capacities to report and respond to digital rights violations, reporting and monitoring the implementation of laws, coordinating digital rights issues with regional and international institutions, and investigating digital rights violations to ensure that violations stop and justice is served. 

The Toolkit is an important resource that can be utilised to equip various stakeholders with knowledge to respond to emerging digital rights challenges and to identify viable solutions, such as monitoring, documenting and reporting, to enhance the promotion and protection of digital rights. As such, it could go a long way in helping to address common digital rights violations and leveraging resources and partnerships for the protection and promotion of digital rights in Africa.

The AU Disability Protocol Comes Into Force: Implications for Digital Rights for Persons with Disabilities in Africa

By Paul Kimumwe & Michael Aboneka |

On this International Day for Persons with Disabilities, CIPESA reflects on the impact of the African Union (AU) Disability Protocol and its Implication on digital rights for persons with disabilities in Africa and calls upon the African Commission to establish a Special Mandate to enhance the respect for and protection of the rights for persons with disabilities in Africa

Six years after its adoption, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa came into force in May 2024 after securing the mandatory 15th ratification by the Republic of Congo. The other 14 African Union member states that have ratified the Protocol are Angola, Burundi, Cameroon, Kenya, Mali, Malawi, Mozambique, Namibia, Nigeria, Niger, Rwanda, South Africa, the Sahrawi Arab Democratic Republic, and Uganda. 

For disability rights activists, this was a defining moment as the protocol augments the rights of persons with disabilities to barrier-free access to the physical environment, transportation, information, and other communication technologies and systems. Specifically, under articles 23 and 24 of the protocol, States Parties should take “effective and appropriate measures” to facilitate the full enjoyment by persons with disabilities of the right to freedom of expression and opinion and access to information, including through the use of Information and Communication Technologies (ICT).

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has been a longstanding advocate for African governments to urgently ratify the protocol. However, CIPESA has also stated, including in submissions to the Africa Commission on Human and People’s Rights (ACHPR), that ratifying the protocol would be a major but insufficient step in ensuring that persons with disabilities access and use digital technologies and that there is sufficient disaggregated data to inform programme interventions.

Indeed, article 24(2) requires States Parties to put in place policy, legislative, administrative, and other measures to ensure that persons with disabilities enjoy the right to freedom of expression and access to information on an equal basis, including:

  1. Providing information intended for the general public as well as information required for official interactions with persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost to persons with disabilities. 
  2. Requiring private entities that provide services to the general public, including through the internet, to provide information and services in accessible and usable formats for persons with disabilities. 
  3. Recognising and promoting the use of sign language. 
  4. Ensuring that persons with visual impairments or with other print disabilities have effective access to published works, including by using information and communication technologies.

The protocol adds to the available digital rights advocacy tools for disability rights actors, including the 2006 United Nations Convention on the Rights of Persons with Disabilities (CRPD), which places significant obligations on States Parties to take appropriate measures to ensure that persons with disabilities have equal and meaningful access to ICT, including the internet. 

The CRPD was the first international human rights treaty requiring the accessibility of digital tools as a prerequisite for persons with disabilities to fully enjoy their fundamental rights without discrimination. It highlights the inherent risks of exclusion of persons with disabilities from participating equally in society by defining ICT accessibility as integral to general accessibility rights and on par with access to the physical environment and transportation.

While there has been some progress in the enactment of disability rights-respecting and ICT-enabling laws for persons with disabilities in Africa, implementation is a challenge. Moreover, the Protocol comes into force when the digital divide and exclusion of persons with disabilities has worsened despite the exponential growth and penetration of digital technologies on the continent. Persons with disabilities have consistently remained disproportionately excluded from the digital society due to factors such as low levels of ICT skills, high illiteracy levels, and high cost of assistive technologies such as screen readers, screen magnification software, text readers, and speech input software.

It is against this background that CIPESA adds its voice to other calls to the African Commission to expedite the establishment of a special mandate at the level of Special Rapporteur for Persons with Disabilities. This elevated position will ensure that the rights of persons with disabilities in Africa are mainstreamed and upheld.

CIPESA recognises that as a regional human rights instrument, the protocol empowers disability rights actors to demand the enactment and full implementation of policies and laws that promote the rights of persons with disabilities, including in accessing and using digital technologies.

For example, disability rights actors, including civil society, activists, and Disability Rights Organisations (DPOs), should develop mechanisms to monitor the status of implementation of the protocol, including ensuring that the states parties submit their statutory reports as required by Article 34 of the protocol. The DPOs should also actively participate in developing shadow reports on the status of implementation of the protocol, especially on access to information and participation in public affairs.

In addition, disability rights organisations should work with policymakers and the executive to ensure that more countries ratify the protocol and domesticate it through national policies, laws, and practices. Both the protocol and the CRPD should become a reference point during any discussions of draft laws and policies that affect persons with disabilities.

For the media, it is important that, through their reporting, they hold governments accountable for failure to ratify or to fully implement the provisions of the protocol.

Member countries can also demand for accountability of their peers on the status of implementation of the key provisions of the protocol through the African Peer Review Mechanism (APRM).

Please read more about CIPESA submissions on policy actions governments should take after ratifying the protocol. See also The Disability and ICT Accessibility Framework for Monitoring the Implementation of ICT Accessibility Laws and Policies in Africa.

African Commission Resolution to Bolster Data Governance

By Edrine Wanyama |

The Resolution adopted by the African Commission on Human and Peoples’ Rights (ACHPR) during its 81st Ordinary Session held from October 17 to November 6, 2024 in Banjul, The Gambia potentially bolsters data protection and governance on the African continent.

The Resolution calls upon states parties to take all relevant measures to ensure transparent and accountable collection, processing, storage and access to data. It also underscores the importance of ethical principles in data usage, equitable access to data, and addressing biases to prevent structural inequalities while safeguarding privacy and combating discrimination.​

The resolution acknowledges the rapid advancement of technology and the increased dependence on data in governance and socio-economic development, and is in line with the African Union Convention on Cyber Security and Personal Data Protection, African Union’s Data Policy Framework, and the Digital Transformation Strategy for Africa (2020–2030).

Similarly, this timely resolution aligns closely with the vision of the Global Digital Compact (GDC), which calls for inclusive, rights-based governance of digital technologies and artificial intelligence (AI), and the ACHPR’s Resolution 473 on the need to undertake a study on human and peoples’ rights and AI, robotics and other new and emerging technologies. These frameworks emphasise the potential of data and digital technologies while cautioning against risks such as bias, inequities, unwarranted surveillance, and privacy violations.

By embedding human rights principles in digital governance, both the ACHPR’s Resolution 473 and the GDC advocate for responsibly leveraging digital tools to reduce inequalities and protect vulnerable populations. The ACHPR’s focus on equitable data access and capacity-building within African states resonates with the GDC’s call for global collaboration to address disparities in digital infrastructure and skills. Together, these initiatives present a unified agenda to ensure that digital technologies and AI are harnessed for equity, justice, and sustainable development that foster a shared vision for a more inclusive digital age.

The ACHPR Resolution further urges state parties to ensure open access to data which is in possession of public and private in public interest, in accordance with the prescribed regional and international human rights standards.

The Resolution reinforces the African Union’s Data Policy Framework which, among others, seeks to maximise the benefits of the data-driven economy for African countries. With common anticipated benefits, data governance systems will be harmonised to enable secure and free data flow on the continent which potentially contributes to a people-centred approach which is not inward-looking for individuals, institutions and businesses and, enhances data utility for accelerated attainment of Agenda 2063 and the Sustainable Development Goals (SDGs).

There is increasing recognition of the need for data governance frameworks that create a safe and trustworthy digital environment, foster intra-Africa digital trade, enable states’ cooperation on data governance, enable domestication of continental policies, and ensure free and secure data flows across the continent. As such, the  Resolution also calls for the establishment of collaborative mechanisms, coordinating data issues, enabling and facilitating competitiveness in the global economy, promoting sustainable data use and benefits to society, as well as facilitating innovative ways to promote and maximise benefits of data for the African peoples.

Besides, the Resolution will potentially grow the impetus of Regional Economic Communities (RECs) to adopt harmonised data governance systems, which will quicken continental initiatives such as the African Continental Free Trade Area (AfCFTA) Agreement whose growth and benefits depend on secure and free cross-border data flows. For instance, the East African Community (EAC) and the Southern African Development Community (SADC) are set to develop regional data governance policy frameworks with the aim of harmonising data governance in the region for economic growth and regional integration.

The Resolution echoes sentiments shared in various panels at the September Forum on Internet Freedom in Africa 2024 (#FIFAfrica), which highlighted contemporary issues in data governance in Africa, including in collection, management, and processing of data. The Forum emphasised the role of national and regional actors in policy harmonisation, enabling greater cross-border data flows, maximising the benefits of data for all countries and all citizens, and the need for greater privacy protections over personal data. Among others, speakers at FIFAfrica singled out  national parliaments, RECs, civil society organisations, the African Union, and the private sector as having pivotal roles to play in promoting effective data governance.

Uganda Set to Harness Data as A Critical Resource for Socio-Economic Development

By Edrine Wanyama |

On November 19, 2024, Uganda’s Ministry of Information, Communication Technology, and National Guidance (MoICT&NG) validated a draft data strategy, marking a significant milestone in the country’s digital transformation journey. This process follows a 2022 review that identified critical weaknesses in Uganda’s data-sharing ecosystem, including limited data sharing, fragmentation, silos, lack of common standards, and low trust in the system.

The strategy is a cornerstone of the Uganda Digital Transformation Road Map, which drives the Digital Uganda Vision and the country’s broader Digital Revolution agenda. Its goal is to foster a data-driven environment that stimulates innovation, economic growth, and social development. The strategy focuses on three main pillars: data governance, data infrastructure, and strategic data utilisation for efficient and effective use of data.

A robust institutional framework is central to the strategy, comprising a National Data Steering Committee, a National Data Office, and links to data personnel within various Ministries, Departments, and Agencies (MDAs). Additionally, the strategy emphasises the importance of a comprehensive legal and policy framework aligned with national, regional, and international standards.

Uganda’s data protection framework is still in its early stages, with enabling legislation passed in 2019 and implementing regulations adopted in 2021. However, the framework has faced criticism for lacking clear oversight mechanisms and prioritising government access to individuals’ data—justified under national security and lawful purposes—over the protection of data and privacy rights.

The adoption of this data strategy has the potential to introduce stronger oversight and policy guidance, effective stakeholder engagement, and improved monitoring and evaluation in data management processes. This would pave the way for a robust, data-driven economy in Uganda.

Dr. Wairagala Wakabi, Executive Director of CIPESA stated, “Uganda’s Data Protection Strategy coincides with the recent African Commission on Human and Peoples’ Rights Resolution on Promoting and Harnessing Data Access as a Tool for Advancing Human Rights and Sustainable Development in the Digital Age (ACHPR/Res.620 (LXXXI) 2024). If rightly applied and implemented within the existing data governance frameworks at the African Union level, its aims, goals, and objectives cannot be defeated.”

As Africa slowly moves towards a harmonised data regime, Uganda’s strategy represents a key step toward achieving the African Union’s goals. It has the potential to enhance governance, public service delivery, and economic growth while contributing to the continent’s broader socio-economic transformation within the digital economy.