By Patricia Ainembabzi |
At the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) held in Banjul on October 17-November 6, 2024, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the International Center for Not-for-Profit Law (ICNL), and the Kenya Human Rights Commission (KHRC) hosted a side event centered on technology and electoral democracy in Africa. While drawing impetus from various experts, discussions delved into the impact of internet shutdowns on freedom of expression, access to information, business transactions, and exclusion of vulnerable communities across the African continent. This is despite the growing role of technology as an enabler of democratic participation and increased transparency and accountability.
In March 2024, the ACHPR adopted Resolution 580, urging African states to refrain from imposing internet shutdowns, particularly during electoral periods. Eight months on, the resolution is yet to gain traction. Over 100 shutdowns have been documented in Africa since 2019, reflecting a worrying escalation in digital rights abuses. The cumulative effect of these shutdowns includes suppression of political discourse, economic losses, and an erosion of public trust in government institutions, ultimately infringing on fundamental rights to free and fair participation in the digital age.
“37% of Africa’s population has experienced internet disruptions in recent years”, Florence Nakazibwe, ICNL.
Thobekile Matimbe of Paradigm Initiative, stated that national security as the rationale for internet shutdowns was disproportionate and Courts including at the Economic Community for West African States (ECOWAS) had rejected the security argument in favour of protecting digital rights. Acknowledging disinformation as a growing threat on the continent and one of the common themes in the national security justifications, Matimbe recommended targeted policies that balance free expression and countering disinformation alongside digital literacy programmes towards strengthening public trust and promoting access to information during electoral periods.
According to Grace Wangenchi from the Independent Medico-Legal Unit (IMLU) internet shutdowns also have social impacts. Citing the example of heightened risks and isolations for victims of violence who rely on online resources for support, Wangechi called on interventions pushing back against shutdowns to be centred around the unique needs of vulnerable and marginalised communities.
Martin Mavenjina from the Kenya Human Rights Commission, added that documenting the social impact of internet shutdowns through case studies could support strategic litigation against shutdowns. He noted precedent set by the ECOWAS Court in cases from Togo, Guinea and Nigeria, Mavenjina called for advocacy efforts to ensure rulings “led to meaningful change”.
Other avenues for pushing back against shutdowns put forward included the development of toolkits for civil society, that are anchored in ACHPR resolutions and continued research and documentation to inform engagements with policymakers, regulators, and internet service providers. Where opportunities were available, advocates were also called upon to inform consultations and calls for input by national task forces on elections.
Discussions also featured unpacking the newly developed toolkit to support the monitoring, documentation, and reporting on digital rights violations such as internet shutdowns by National Human Rights Institutes (NHRIs). The side-event builds on CIPESA and partners’ efforts to prioritise and spotlight digital rights issues as part of ACHPRs proceedings.