By Mailyn Fidler |
Two years ago, the African Union (AU) adopted its Convention on Cybersecurity and Personal Data Protection. The Convention seeks to improve how African states address cybercrime, data protection, e-commerce, and cybersecurity. However, only eight of the AU’s fifty-four members have signed the Convention, with none ratifying it. Despite this currently limited uptake, the Convention, and how the AU produced it, signals that African states value political autonomy and independence when developing cyber policy. The U.S. government should keep this in mind as it reaches out to AU member states in promoting cyber norms and capacity building efforts.
Development of the Convention
The AU’s development of the Convention reflects a desire of African states to have autonomy over their response to cyberspace challenges. The AU chose to develop its own Convention instead of promoting African participation in existing cyber treaties, most notably the Council of Europe’s Budapest Convention on Cybercrime (2001). Only one African state, South Africa, participated in the Budapest Convention negotiations, and, even then, had to ask to be included. The Council of Europe approved three other African country requests to accede, a low rate compared to other regions in the global south, and only one African state has ratified it. South Africa has refused to ratify the Budapest Convention because of sovereignty concerns.
Instead, the AU began work on its own approach in 2007. By this time, African states had already started to act as a bloc in international cyber negotiations. For instance, African countries advocated for more equitable access to the Internet and participation in Internet governance during the 2003 and 2005 World Summit on the Information Society (WSIS) – a stance that challenged prevailing Western views.
Read the full article here.
Analysis of the Relationship Between Online Information Controls and Elections in Zambia
By Arthur Gwagwa |
The defining era in Zambia’s current rise in online political and civic activism can be traced back to the period between 2011 and 2013. This is when the late President Sata embraced social media as part of his political and public diplomacy strategy. As the country now prepares for the August 2016 General Elections, government, its agencies, such as the Election Ccommission of Zambia (ECZ), the opposition and civil society are all immersed in social media.
As the country’s August 2016 polls draw nearer, government has recently increased its presence on social media to abet and encourage horizontal flows of information. This is in contrast to vertical flows, where information generated by societal actors is gathered by the government through usage of a range of methods, ranging from “responsiveness” on social media to media monitoring.
This paper explores reports of information controls and filtering of the ruling regime, whose leader, Edgar Lungu, strives to balance the dictates of political survival and his reputation as a lawyer who has previously defended press freedoms. The paper analyses past and current key political events that implicate the relationship between internet-based information controls and elections in Zambia. Finally, the paper extrapolates likely scenarios in the build up to the 2016 General Elections and Constitution Bill of Rights Referendum to be held on 11 August 2016.
Read the full report here.
Zimbabwe Becomes the Latest Country to Shut Down Social Media
By Juliet Nanfuka |
Less than a week after the United Nations (UN) Human Rights Council declared that online rights must be protected and condemned disruptions to internet access, citizens in Zimbabwe became the latest victims of online communications shut down. Authorities in Zimbabwe shut down communications in the wake of protests against rampant corruption and misuse of state funds by Robert Mugabe’s regime, which has been in power since 1980.
Online campaigns initiated by frustrated Zimbabweans using hashtags like #MugabeMustFall and #ThisFlag have gained widespread popularity over the past weeks with the most recent #ZimbabweShutdown and #ZimShutdown2016 gaining momentum while calling for citizens to stay away from work. On Wednesday July 6, many streets in the capital Harare stood empty as the stay-in protest took effect, while online, despite the blockage of the popular instant messaging platform Whatsapp, citizens continued voicing concerns and sharing messages of solidarity. Service providers such as TelOnem, Liquid Telecom Zimbabwe, ZOL Zimbabwe, Telecel and Econet were amongst those who were reportedly pressured into shutting down access, which caused users to turn to circumvention tools in order to bypass the blockage.
Zimbabwe: The Revolution Will Be Hashtagged https://t.co/ztiCfELdeT #Zimbabwe pic.twitter.com/C3pTBYR10R
— allAfrica.com (@allafrica) July 5, 2016
#Zimbabwe's communications regulator has issued this warning which is a direct threat to Digital Freedom.⤵ @SZondi pic.twitter.com/ZlxHQZzzTZ
— levi kabwato (@LeviKabwato) July 6, 2016
A notice issued by the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) stated that those who engaged in “irresponsible use of social media and telecommunications services” would be “arrested and dealt with accordingly in the national interest.”
Zimbabwe, which is ranked “partly free” by Freedom House’s Freedom on the Net report, has also over the years recorded dismal media freedom and digital rights records, including crackdown on critics and news outlets both online and offline. In April 2016, a senior government official said the country could take measures similar to China by entirely blocking access to certain content online.
In July 2014, an anonymous whistle-blower Facebook page, “Baba Jukwa”, was deleted under unclear circumstances following the arrest of a journalist for allegedly running the page. A bounty of US$300,000 had earlier reportedly been offered for revealing the name of the person behind the account, while in January 2014, a Facebook user was arrested and charged for sharing a post alleging that the president had died. These actions have cultivated a culture of self-censorship among the Zimbabwean online community.
The UN resolution, which was passed on Wednesday July 1 by 70 states, stresses that human rights enjoyed offline, particularly with regards to freedom of expression, must be protected online pursuant to articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Countries that voted against the resolution included Bolivia, Bangladesh, Burundi, Cuba, China, Russia, Ecuador, India, Indonesia, the Republic of Congo, Kenya, Russian Federation, Saudi Arabia, South Africa, Qatar, United Arab Emirates and Venezuela and Vietnam. Some countries including Algeria, Cote D’Ivoire, Ethiopia, Kyrgyzstan and Togo chose to abstain from voting on the resolution.
The Zimbabwe government’s stance on the use of social media comes as no surprise as an increasing number of shutdowns have been documented in African countries in recent months.
*Whatsapp was restored after four hours of disruption
Announcement: Forum on Internet Freedom in Africa 2016
The Forum on Internet Freedom in Africa is scheduled to take place on September 27–29, 2016 in Kampala, Uganda.
The Forum provides a unique opportunity to deliberate and build a network of supporters of internet freedom in Africa. It brings together a wide range of civic actors such as journalists, bloggers, human rights defenders, and activists, private sector actors such as telecom companies, as well as communication regulators and law enforcement.
In 2015 the Forum assembled panelists from a diversity of backgrounds, which facilitated spirited discussions as captured in this report.
See the 2015 Forum Highlights video
A key highlight at the Forum is the launch of the State of Internet Freedom in Africa report that captures trends on internet freedom in select African countries. The 2016 report will cover the most number of countries so far.
These deliberations come as various African countries witness a slide in online freedom of expression and association, as well as breaches of the rights to privacy and access to information.
Visit the Forum page for more information.
Pushing Back Against Internet Shutdowns
By Marylin Vernon |
Advancing human rights for the 3.2 billion users of the internet, of which two billion are from developing countries, needs a robust and systematic approach to ensure that the rights individuals enjoy offline are also applicable online. Indeed, debate on protecting online freedoms has taken centre stage as incidents of blockage of access of the internet and related platforms have increased in several countries around the world.
Reports of a recent internet shutdown in Algeria bring to 16, the number of countries affected by shutdowns documented in the first half of 2016. As many as 15 shutdowns were documented in 2015. Of the documented incidents, six occurred in African countries in 2015 and four have been reported this year.
In 2015, internet shutdowns occurred in Algeria, Burundi, Congo Brazzaville, the Democratic Republic of Congo (DRC), Niger, and Togo. Before last month’s shutdown in Algeria, Chad, Uganda, and Ethiopia had earlier this year experienced shutdowns. Meanwhile, other governments, such as Ghana, are considering a social media black-out during the November 2016 election period purportedly to curb abuse of social media.
Ahead of the presidential inauguration last May, Uganda’s Communications Commission (UCC) issued a directive to all telecom providers to shut down social media platforms citing security concerns. This directive saw major telcos, such as MTN Uganda, issuing statements of compliance, citing licensing regulations that dictate mandatory cooperation with government in the event of an emergency or on issues related to national security. Uganda is currently ranked as not free in the Freedom in the World report 2016.
Chad’s decision to shut down the internet and block SMS messaging for several days during the April 2016 election period raised concerns and criticism from the international community and political opposition, with many doubting the credibility of the electoral outcome that extended the 26-year rule of President Idriss Déby. The situation in Chad was reminiscent of the election periods in Congo and Ethiopia, in which social media and other file sharing platforms were blocked ahead of voting, or during civil and political unrest.
There has been widespread condemnation of these unwarranted actions that are often taken in the name of protecting national security, but which have far-reaching consequences for freedom of expression, privacy and the free flow of information. During RightsCon 2016, which took place in San Francisco, United States on March 30 to April 1, AccessNow launched the #KeepItOn campaign to push back on the use of internet shutdowns by governments worldwide. The campaign kicked off with crowdsourcing a definition of an internet shutdown based on numerous suggestions made by experts from Africa, Latin America, Europe, North America, and Asia.
The current working definition of an internet shutdown is: “An intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.”
Meanwhile, in order to mitigate the effects of internet shutdowns and advance user privacy and security as well as the work of human rights defenders and activists, AccessNow launched a digital security helpline. The Helpline comprises of a team of technologists with a dedicated 24 hour hotline to aid civil society actors with on-call access to rapid response and follow-up for digital security issues, support for securing technical infrastructure, and preventative advice ahead of anticipated attacks (e.g. the lead up to an election).
Globally, many states are party to international human rights treaties such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) which reinforces many of the rights articulated in the UDHR, and the African Charter on Human and Peoples Rights (ACHPR). However, some governments are yet to enact national laws that guarantee data protection and privacy, as well as transparency and accountability in surveillance practices and censorship.
Now more than ever, understanding by state and non-state actors of the obligation to uphold online freedoms is crucial. Efforts in capacity building for digital safety, awareness raising and advocacy require continued documentation of shutdowns, gathering and disseminating information and contributing to the ongoing global public discourse.
Join a global coalition of organisations in the #KeepItOn campaign by a taking a pledge of action, by telling people about the campaign and sharing relevant information.