A Partnership to Advance Digital Rights and Internet Development in Africa

By Israel Nyoh |

The Internet Society and the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) recently signed an agreement to work together for an open, secure, and trustworthy Internet for Africa.

A digital revolution is transforming markets and societies across Africa. Digitalization is helping governments to generate more income, while enabling e-commerce, e-health, and automation, which is strengthening African economies. But, as is often the case, with each technological promise there is also a threat. Because many African countries grapple with digital literacy and security challenges, digital technologies are being used to foster cyber criminality and cyber surveillance, while governments sometimes deny citizens their digital rights.

The agreement commits the Internet Society and CIPESA to advancing progressive Internet policy, advocating for the Internet way of networking, encryption, and measuring the health of digital infrastructure in the region.

Actions that promote a “trustworthy Internet to every African are of critical importance for the digital transformation plans that many African countries are implementing,” says Dawit Bekele, Regional Vice President for Africa, Internet Society.

The two organizations have further committed to:

  • Share knowledge, ideas, and lessons learned in Internet policy, encryption, and the Internet way of networking in Africa.
  • Pool efforts and expertise in responding to Internet policy issues in Africa.
  • Undertake joint research and stakeholder engagements, and lead advocacy on critical Internet policy and Internet development issues in the region.

CIPESA has a history of advocating for digital rights and building capacity on digital security in Africa, mostly through research, stakeholder engagements, and knowledge sharing. This agreement with the Internet Society will strengthen CIPESA’s efforts while enabling it to also reach new constituencies in Africa.

Wairagala Wakabi, Executive Director of CIPESA, says, “The key to meaningfully promoting digital rights and Internet development in Africa lies in multi-sector partnerships that leverage varied expertise, address the critical and emerging issues, and steadily reach wider constituencies of multiple stakeholders.”

History of Collaboration

The Internet Society and CIPESA have been working together for close to a decade to advance digital rights in Africa.

Their work has focused on strengthening the development of personal data protection guidelines for Africa, fighting against Internet shutdown and restrictions, and growing the community of people advancing digital rights and Internet development in Africa, through the Forum on Internet Freedom in Africa (FIFAfrica).

This article was first published by the Internet Society on August 19, 2021.

Leveraging the Digital Space to Combat Human Trafficking in DR Congo, The Gambia and Mauritania

By Ashnah Kalemera and Simone Toussi | 

The growth in usage of digital technologies in Africa is fuelling technology-enabled human trafficking activities in the region. But these very technologies can be leveraged to fight the vice that is sweeping across the continent..

With support from the Africa Digital Rights Fund (ADRF), the African Legal Think Tank on Women’s Rights (ALTOWR) has studied the role of the internet in fuelling human trafficking, including online recruitment and advertisement in Democratic Republic of Congo (DR Congo), The Gambia and Mauritania. Besides the results being enlightening, the project has produced a curriculum for skills and knowledge building on how the internet can be used to fuel or to combat human trafficking.

According to the annual Trafficking in Persons Report, many African countries experience diverse forms of human trafficking. In 2020, for every 10 victims of trafficking, five were adult women and two were girls. DR Congo, The Gambia and Mauritania  are among the countries on the continent where the vice is rife. 

The Global Slavery Index, which measures where modern slavery (forced labour, human trafficking and forced marriages) occurs and how governments are responding, ranked the three countries 12th, 58th and 6th respectively, out of 167 globally. With national internet penetration rates of 19.2% in DR Congo, 63% in Mauritania and 19% in The Gambia, human trafficking networks in these countries are increasing relying on the internet and social media platforms to recruit victims.

In the DR Congo, there are over one million estimated victims, with most trafficking involving “forced labour in artisanal mining sites, agriculture, domestic servitude, or armed groups recruiting children in combat and support roles, as well as sex trafficking.” 

Indeed, ALTOWR’s study found that population displacement due to the conflict in the DR Congo had created a favourable environment for exploitation of vulnerable communities. The study details cases of sexual slavery and forced marriages in the country’s capital Kinshasa, as well as in neighbouring Rwanda; illegal migration to South Africa via Burundi and Tanzania; and abductions, resulting in sexually transmitted diseases, including HIV/ AIDS, unwanted pregnancies, and hefty ransom payments. In all case studies, the perpetrators used social media platforms including Facebook and Whatsapp to lure victims. 

Read more: Le Rôle de l’internet dans la Croissance de la Traite des Etres Humains en République Démocratique du Congo

In The Gambia, an estimated 11,000 individuals are victims of modern slavery, out of a total population of just under two million. Gambian women, girls and to some extent boys are subjected to sex trafficking and forced labour fuelled by the country’s thriving tourism sector. 

Gambia’s law against human trafficking was passed in 2007 and the country established the National Agency Against Trafficking in Persons, whose operations commenced in 2013 but are restricted by limited resources. As such, According to the ALTOWR study, efforts to prosecute perpetrators of human trafficking are “minimal.” Among the cases investigated, particularly for Gambians trafficked to the Middle East, travel logistics are arranged online.

Read more: The Role of the Internet in Fueling the Growth of Human Trafficking in The Gambia 

Meanwhile, despite reforms against trafficking and smuggling of persons in Mauritania, modern slavery “is entrenched in society with slave status being inherited and deeply rooted in social castes and wider social system” in the country where there are an estimated 90,000 victims, out of a population of four million. Located between North Africa and Sub-Saharan Africa, with a long and porous border, Mauritania is a transit route for smugglers and traffickers between Africa, Europe and the Middle East. 

Read more: Le Rôle de l’internet dans la Croissance de la Traite des Etres Humains en Mauritanie

In Africa, human traffickers use the Internet to identify, recruit, coerce and control victims as well as to  advertise the services or products resulting from their exploitation. They also use it to launder the illicit revenue earned from their activities. Migrant smugglers use the Internet for similar purposes. Online African Organized Crime from Surface to Darkweb, 2020

The studies recommend that government, civil society and other stakeholders in the three countries leverage online platforms for prevention and protection campaigns as well as outreach, including on risks, avenues for reporting and access to support services (psychosocial, mental, physical and legal including referrals). On prosecution, recommendations include the need for skills and knowledge building for enforcement authorities to understand human trafficking via the internet. The studies also recommend leveraging technology for witness protection during criminal proceedings and the enactment of specific legislation on online sex crimes and cyber trafficking. 

The findings and recommendations of the studies fed into the development of country-specific curriculums that informed three in-country trainings targeted at survivors and networks working to combat human trafficking. The  aim was to equip them with tools to influence prevention and protection strategies. The trainings reached a total of 63 beneficiaries including youth groups, women’s rights organisations, and civil society organisations, and were preceded by a Trainings of Trainers (ToT) in each country. 

The discussions at the trainings fed into two regional roundtables [French and English] which explored ways to improve and implement the existing legal frameworks, strengthen border controls, and multi-stakeholder efforts to eradicate socio-cultural constraints and practices that undermine victims’ rights. Representatives in the roundtables were drawn from the African Union, the North-South Center Council of Europe, the Counter Trafficking Unit of the International Organization for Migration, alongside several think-tanks, networks, and civil society organisations. 

The engagements resulted in the establishment of country task forces to support the development of collaborative action plans that leverage the internet to push back against human trafficking. The study results will continue to inform the work by ALTOWR and CIPESA in understanding how digital technologies can best be leveraged to combat human trafficking in Africa.

A Call on TECNO to Uphold Users Privacy and Security

Open Letter |

Strengthening the digital security of at-risk groups and organisations amidst growing digital rights attacks in Africa has become increasingly crucial. However, inadequate device security is undermining such efforts.

Investigations by Privacy International have revealed that TECNO – a phone manufacturer with an estimated 47% market share in East Africa and widely used across other regions on the continent – is putting users’ privacy and security at risk. 

Based on testing of a TECNO device – the Y2 – purchased in Uganda, the investigations reveal that the phone’s operating system was outdated, having not received updates since 2013. Further, pre-installed applications that users can not uninstall were using up space on the device. Whereas the specific model of phone with the vulnerabilities was discontinued from production by TECNO back in November 2019, it remained on sale as recently as 2020. 

In response to the revelations, Privacy International, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), together with nine other civil society organisations have submitted a letter to TECNO calling on the Chinese manufacturer to make changes to their practices and protect users’ privacy and security.

The letter urges TECNO to make three key changes to significantly improve their users’ privacy and security:

  1. TECNO should ship phones with a supported version of the Android operating system.
  2. TECNO should do their best to support the longevity of their devices and therefore combat e-waste. They must tell consumers, at the point of sale, how long their device will be supported, provide regular updates to the device, and notify users when continuing to use a device poses a risk to their privacy or security.
  3. TECNO should minimise the amount of bloatware, superfluous apps and other extras that come pre-installed on their phones. Whenever bloatware is included, it should exist in the user partition and therefore be removable by the user.

“It’s vital that TECNO listen to civil society and make these small changes to protect their users. TECNO users across Africa and the world deserve to know what they’re buying, especially when their phone will no longer receive security support,” said Caitlin Bishop, Privacy International’s project lead on work around low-cost technology.

Skills in digital security and safety are lacking among some of the most at-risk groups in many African countries. Surveillance schemes by state and non-state actors leverage this skills and knowledge gap. It is important therefore that leading device manufacturers, such as TECNO, guarantee privacy and security by design in order to ensure the safety of users,” said Ashnah Kalemera, CIPESA’s Programme Manager.

A copy of the letter can be accessed here.

Digital Rights Advocacy Training for Human Rights Actors

Call for Applications |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is calling for applications from suitably qualified individuals interested in the nuts and bolts of digital rights advocacy to apply for a two-day virtual training. The training, which is scheduled for August 25th and 26th 2021, targets human rights defenders, academics, media, activists, technologists, and private sector actors from Lesotho, Mozambique, Tanzania, Uganda, Zambia, and Zimbabwe.

Topics to be covered will include:

  • Introduction to Digital Rights and Internet Freedom in Africa.
  • How State and Non-State Actors Curtail Internet Freedom.
  • Laws and Policies Governing Internet Freedom in Africa.
  • Internet Freedom Advocacy for Human Rights Defenders.
  • Researching and Communicating Digital Rights Issues in Africa
  • Developing an Internet Freedom Advocacy Strategy

CIPESA will cover participants’ internet connectivity costs.

Please send your application to [email protected]. The application should include;

  • Name
  • Organisation
  • Country
  • Experience in digital rights and internet freedom work.
  • Why this workshop is relevant to your work.
  • Also attach a CV (maximum 2 pages)

Deadline for application is 18th August 2021

Successful applicants will be notified on 20th August 2021

Data Protection in Africa in the Age of Covid-19

By Boel McAteer and Jean-Benoît Falisse |

As the Covid-19 pandemic spread around the world in the early part of 2020, governments and companies invested substantial resources in gathering data about suspected and confirmed cases, and related behaviours. Learning more about how the virus was spreading was a top priority around the world, and with this came new practices of sharing medical records, tracking people’s movements and tracing their contacts. This has created new norms for data governance in many countries, and in this brave new world of disease surveillance, it is more important than ever to understand data protection and privacy, and where these concepts fit in with the new priorities of managing the pandemic.

The Covid Governance research project has gathered information about country-level data protection and Covid-19 practices across the world. Covering over 200 countries and territories, the project’s Data Protection Explorer Tool provides a snapshot of the legal environment surrounding data protection and privacy, and how it is changing in response to Covid-19. Crucially, it focuses on restrictions on data collection, processing and cross-border transfers.  It also captures digital monitoring measures in place for Covid-19, such as contact tracing, and who owns that data. This will help form a picture of what has changed within data ethics and surveillance during the pandemic, and in the long term what those changes might mean.

So what are some of the key patterns that we can see so far? A joint statement on Data Protection and Privacy in the Covid-19 Response from a number of United Nations (UN) organisations states that any changed practices due to Covid-19 should be legalised and rooted in human rights. However, the information collected via the Data Protection Explorer Tool shows that about a third of Africa’s 54 countries did not have comprehensive data protection laws enforced or in place before the pandemic. During the pandemic, constitutional rights have often been backtracked as a part of the crisis response.

 The Explorer’s data also shows that African countries without specific data protection laws are particularly exposed. Take Namibia for example, whereas no comprehensive data protection law inlaw is in place.  – there is, however, a draft bill in the works and public consultations were conducted in 2020. In the absence of a dedicated data protection framework,  t does not mean data protection is inexistant: as in other African countries, there are provisions in other Namibian laws related to personal data of citizens in specific sectors of the economy such as accounting and  banking (the Banking Institutions Act, 1998 and 2010 amendment) or the legal professions and accounting (Legal Practitioners Act, 15 of 1995 as amended).

The right to personal privacy is also enshrined in Namibia’s constitution as a human right, but this right is limited including in the interests of health and public safety. This allows the government to legally prioritise public health over other human rights throughout the pandemic. Indeed, when Namibia declared a state of emergency in March 2020, many constitutional freedoms were temporarily suspended. For instance, access to education could not be guaranteed anymore and places of worship (constitutive of religious freedom) were closed.

Covid-19 tracing and surveillance mostly occurred offline but the University of Namibia (UNAM) successfully launched a mobile app, named “NamCotrace”, that collects substantial personal information such as the geolocation of users. The app is connected to epidemiological data and the national healthcare system in real time. Whereas it is alleged that “privacy by design” is core to the app, Namibia’s prevailing privacy and data protection legislative environment leaves room for arbitrary abuse. Similarly, Nigeria has developed various Covid-19 apps but with minimal data protection legal safeguards in place, there is ample room for misuse.

The Data Protection Explorer Tool also shows that countries with data protection laws remain vulnerable too. In many instances, the laws have been amended to allow practices that were previously prohibited to take place during the pandemic. In South Africa for instance, the response to Covid-19 has been governed through the Disaster Management Act from 2002 that allows the National Disaster Management Centre to request from individuals or organs of state information it “reasonably requires” and to escalate the matter to parliament in case of failure.

In April 2020 a regulation was introduced to legalise contact tracing in South Africa. This created a tracing database of Covid-19 cases, managed by the National Department of Health, where personal information is gathered from anyone tested for Covid-19. Information collected and stored in the database includes name, residential address, ID and passport number. This means that even though the information is collected legally without consent from the individuals, it would be unlawful to use that data for any other purpose than the one specified in the regulation. Despite these provisions, concerns have been raised that the contact tracing enables government surveillance of the population, since the Director General of Health can track the location of anyone suspected to have Covid-19 through phone service providers.

At the other end of the continent, Iin West Africa’s Burkina Faso, the data protection law prohibits collection of personal data relating to health. It had not, at the time of writing, been amended. However, since 2019, a digital platform for health surveillance has been  is in place.: One Health is funded by USAID and combines data from three ministries concerned with zoonotic disease control.  in the same place. When the first cases of Covid-19 were detected in the country in 2020, however, the platform was adapted to include data on the new virus, tracing cases, and their contacts. This is, obviously, raising privacy (and legality) concerns.

There are also some inspiring examples. The B’Safe app in Botswana was developed as an alternative to a manual Covid-19 tracing system. Described as privacy-friendly and in line with the country’s data protection (and privacy) law that pre-dates the pandemic, the app recorded a decent initial adoption rate. However, without an established data protection authority to enforce the law and oversee the app’s roll out, security vulnerabilities within the app led to private citizens lodging a court case against the country’s Covid-19 task force challenging the apps  its safety. The progress of the case remains unclear to-date. However, it highlights the importance of independent data protection authorities, good examples of which include in Angola and Senegal, and the pandemic potentially being a decisive push in countries where they are yet to be established.

Where are we heading now? Data protection laws in Africa were rapidly developing in the years leading up to the pandemic, with many new laws influenced by the European Union’s General Data Protection Regulation (GDPR) which was adopted in 2016. The examples above show the many ways in which the data protection environment in Africa is changing with the pandemic.

As the general state of democracy and freedoms is deemed to be worsening since the outbreak of Covid-19, it will be important to continue to monitor developments in data protection and privacy: the pandemic could be the opportunity to speed up the process of establishing much-needed laws and enforcement agencies but it could also lead to them being less protective of citizens (and more permissive for government) than in the pre-Covid-19 world.

The Covid Governance Project is an initiative of the University of Edinburgh. It was developed with support from the Foreign Commonwealth and Development Office (FDCD), the Global Challenges Research Fund – Scottish Funding Council, and the University of Edinburgh’s Challenge Investment Fund. Explore the Data Protection Explorer Tool.