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05Nov

ACHPR 81st Ordinary Session: CIPESA and Partners Host Dialogue on Advocacy Against Internet Shutdowns

Author CIPESA Posted on

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.

29Oct

Confronting the Toll of Online Work on Women in Africa

Author CIPESA Posted on

By Ashnah Kalemera |

From domestic work, ride hailing, content moderation, and delivery services, to sex work, technology has revolutionised employment and labour across the world. In Africa, according to a 2023 report by the World Bank, between 2016 and 2020, job postings on one of the largest digital labour platforms more than doubled. This demand on the continent is expected to grow over the coming years.

These new forms of labour and employment have generally advanced inclusion in the workforce and promoted economic empowerment. However, despite the existence of initiatives such as SheWorks! that are dedicated to engaging women in online work, the promise of new skills, flexibility and income, the potential of women’s participation in digital work has not been fully realised. For instance, in South Africa, the share of women in online work (52%) is growing but still less than in similar occupations in the workforce at large (61%). 

Documented barriers to African women’s participation in online work include the gender digital divide and uneven access to the internet and digital tools. Meanwhile, the wider challenges of digitalisation of work and labour, including the lack of social protections, job insecurity, unequal pay, unfair treatment, discrimination, bias, increased surveillance and lack of autonomy, are exacerbated for women.

In an effort to build narratives and movements on gender and labour online, the recently concluded Forum on Internet Freedom in Africa 2024 (FIFAfrica24) featured discussions on feminist futures of work that highlighted lived experiences and advocacy strategies.

Speaking at the Forum, Abigail Osiki, a Lecturer in the Department of Mercantile and Labour Law at the University of Western Cape, South Africa, stated that fair and decent work for women online not only encompasses security, fair wages and productivity, but also mental health. The mental health challenges of online employment opportunities for women were said to be compounded by stigmas about certain forms of labour – such as sex work being considered prostitution and virtual assistants being “just secretaries”.

“The worst part about working for OnlyFans for me is the toll it takes on my mental health. For a long time I kind of swallowed my emotions and didn’t care what anyone thought because I was making so much money, but then it got to a point where I felt like I was selling my soul. I would often break down to my younger brother that I feel like I sold my soul.” – an Interview with an OnlyFans Worker.

The “uneven power” within online employment was also pointed out. Highlighting the example of non-disclosure agreements (NDAs), speakers at FIFAfrica24 argued that such agreements perpetuated “master-servant relationships” and “forced labour”, leaving many women with no option but to work “from a point of desperation as opposed to choice”.

A former content moderator for a social media platform narrated her recruitment as a language translator, signing of an NDA, and only finding out the scope of her work upon exposure to graphic content. She recalled the mental health side effects of the job and the inability to disclose the nature of her work to healthcare professionals for “fear of going to jail for 20 years” as stipulated in the NDA. She added that she worked in a foreign country without a work permit for a year, isolated in a hotel for six months and without leave days. Whereas she and colleagues were able to unionise, they had no legal support. The unionisation initially led to salary increments but their employment contracts were later terminated without benefits.

For African women in the informal sector, the situation was said to be even more dire. As part of her address in the opening ceremony, Catherine M’seteka of the International Domestic Workers Federation (IDWF) argued that limited access to information and digital illiteracy had made it harder for domestic workers to mobilise or report common violations such as forced labour, exploitation and sexual harassment.

According to Siasa Place’s Angela Chukunzira, digitalisation also had an impact on non-tech based labour. She cited the example of online reviews in the hospitality sector and their impact on the rights of housekeeping workers – who are usually women.

“Marginalised workers are invisible in policy making,” said M’Seteka as she called for more platforms  – both formal and informal – for multi-stakeholder engagement and advocacy on the digital economy.

M’Seteka’s and others’ calls echo recommendations in a policy brief on Labour and Digital Rights in Africa, which emphasised the need to strengthen legal recognition of workers online to ensure their safety and welfare alongside efforts to foster innovation and economic growth that overcome inequalities, bias and discrimination.

In visioning a future of work from a feminist perspective, Osiki stated that advocacy and policy interventions must consider women in the digital workforce as heterogeneous – of different cultures, contexts and involved in different types of work. That way, regulation of uneven power relations and efforts in collective bargaining would articulate varied interests to avoid exploitation. Priorities put forward for collective bargaining were equal pay, contract transparency, protection against harassment and exploitation, alongside career mobility and progression as well as health and safety. “All these [interests] vary for freelancers, domestic workers, location-based service providers and content moderators,” said Osiki.

African states were urged not to politicise technology-based jobs as a solution to the continent’s unemployment and poverty crisis. Rather, they should negotiate partnerships and equitable regulation with a view of increasing tax revenue to enable provision of social and welfare protections for citizens.

For the wider community – users, activists, media, the legal fraternity and civil society organisations – there were calls for solidarity such as in strategic litigation and establishing communities of care to support women in digital workspaces. This, together with efforts to promote cultural and language sensitivity for some forms of employment would go a long way in overcoming derogatory and biased narratives in society.

27Sep

2024 State of Internet Freedom in Africa Report Unveils the Promises and Challenges of Technology in African Elections

Author CIPESA Posted on

By FIFAfrica |

The Collaboration on International ICT Policy has launched the 11th edition of the State of Internet Freedom in Africa report. This year, the report examines the interplay between technology and elections in Africa during the so-called Year of Democracy, when at least 20 African countries were scheduled to go to the polls.

While highlighting the growing influence of technology in elections, the study documents that much of the deployment has been characterised by risks and pitfalls where the majority of authoritarian governments have selectively deployed technology to entrench their power.

The increase in Internet and mobile phone penetration rates in recent years and the adoption of technology in electoral processes such as the use of biometric voter registration and verification applications by different governments,  raised a the promise of better electoral outcomes due to the anticipated increased transparency, efficiency and affordance that technology would lend to the electoral processes, especially in 2024. However, in reality, many countries have failed to fully realise these benefits.

The study, conducted across several countries in Africa included interviews with experts in digital rights, electoral democracy, and technology. It was complimented with g literature reviews, legal and policy analysis resulting in a broad perspective on the intersection of technology and elections in Africa. Key Findings from the report including the following:

  • Democratic Governance is Under Siege: There is a significant decline in the state of democratic governance in Africa, with growing authoritarianism, coups, hereditary presidencies, weakened oversight institutions, political instability, and restricted political competition. The persistent failure to address corruption, social divisions, and economic inequality continues to undermine electoral integrity and public trust. In these contexts, political elites manipulate elections and exploit historical tensions and unresolved economic grievances to maintain power, thus eroding public trust in the democratic foundations necessary for fair and fair elections.
  • Intensification of Digital Authoritarianism: Digital authoritarianism is a growing concern in Africa as governments continue to deploy a combination of tools and tactics of repression, such as internet shutdowns, censorship of news outlets, targeted surveillance, and regressive laws to limit civic participation and suppress dissent. These practices have a significant social and economicimpacts resulting in  an environment where technology and democratic processes can be exploited to undermine democracy rather than strengthen it.
  • The Persistent Digital Divide is Deepening Political Inequalities and Exclusion: Africa’s digital divide remains a significant barrier to inclusive political participation, with rural, underserved communities and marginalised groups disproportionately affected. High internet usage costs, expensive digital devices, inadequate digital infrastructure, and low digital literacy compound political inequalities, thus limiting citizens’ ability to engage in political discourse and access critical electoral information. In the year of elections, such a disconnect is profound.
  • The Rise of AI-Enabled Disinformation Narratives: The study underscores the growing threat of misinformation and disinformation, particularly AI-generated content, in shaping electoral outcomes. AI tools were used in countries such as Rwanda and South Africa Rwanda to create deep fakes and synthetic media, manipulating public perception. Social media platforms have been slow to address this issue, and where they have, the approaches have not been uniform across countries. Disinformation campaigns can make it difficult for voters to access credible information, stifle democratic participation online, and erode citizens’ trust in democratic processes.
  • Progress and Innovation in the Use of Technology during Elections: The study has established the progress in the adoption of technologies in Ghana, Namibia, and South Africa for voter registration, results tallying and transmission, voter education, and engagement. Despite challenges in deployment, these technologies have the potential to improve electoral transparency, efficiency, and accountability. Also notable were the various initiatives to combat disinformation, build solidarity for good governance, and increase access to election information.  

The study concludes that the continent is at a crossroads as the use of technology in Africa’s 2024 elections presents both promises and pitfalls. On the one hand, technology has the potential to improve electoral transparency, promote citizen engagement, and ensure credible elections. On the other hand, the misuse of digital tools by authoritarian regimes, combined with the digital divide, the rise of disinformation, and declining constitutional governance risks undermining the democratic process. Governments, election management bodies, and civil society must work collaboratively to safeguard digital rights, promote digital inclusion, and build robust frameworks for the ethical use of technology in elections.

Secondly, while technology played a central role in the 2024 elections in several countries, one of the highlights has been the use of AI in ways that illuminate both its promises and dangers for electoral integrity and democracy. Clearly, few African countries have adopted the use of AI in elections, and this holds true for various election stakeholders, such as election observers, political parties, candidates, and Election Management Bodies (EMBs). Nonetheless, in the few countries studied where AI was adopted, some positive results could be discerned. Still, even in those countries where elements of AI were adopted, they were small-scale and did not fully exploit the promise that AI holds for enhancing the efficiency and transparency of elections.

Five Key Recommendations Emerged from the Report:

  1. Strengthen protection for digital rights: Countries should adopt progressive legal and policy frameworks that safeguard digital rights, protect privacy, entrench transparency and accountability in the technology sector, and govern the use of technologies, including artificial intelligence, in elections.
  2. Demand accountability: Civil society organisations, the tech community, media, and academia should leverage their watchdog role to document digital rights abuses, educate and raise awareness on the importance of internet freedoms, data privacy, AI governance, and their role in elections, in order to enable them to demand accountability from platforms and governments.
  3. Address the digital divide: The study proposes wide investments to expand internet access, especially in marginalised and underserved areas, together with measures to reduce the cost of access, the promotion of digital literacy, and building resilient digital infrastructure.
  4. Combat disinformation: Joint efforts bringing together social media platforms, election bodies, fact-checkers, civil society, academia, and media should be encouraged in efforts to combat disinformation. 
  5. Innovate election tech: Election management bodies should adopt transparent processes in the design, development, and deployment of election technologies, including disclosing independent audit and impact assessment reports, facilitating election observation, and independent monitoring of election technologies to promote and maintain public trust.

Find the report here.

13Sep

FIFAfrica24: Shaping the Future of Internet Freedom in Africa!

Author CIPESA Posted on

By FIFAfrica |

The highly anticipated Forum on Internet Freedom in Africa 2024 (FIFAfrica24) is just around the corner, and this year we’re heading to the vibrant city of Dakar, Senegal that in 2024,  has been the backdrop of a variety of both controversial and pivotal developments impacting democracy and digital rights.

Senegal was to host its elections on February 25, 2024, but instead was thrown into turmoil following a February 3, 2024 announcement that the elections had been postponed and that the incumbent – Macky Sall’s presidency would be extended until his successor is installed.  Shortly after the announcement,  internet access in the country was restricted in a move that the Ministry of Communication, Telecommunications, and Digital Economy justified as a response to the spread of “hateful and subversive messages” threatening public order.

Elections would eventually be held on March 24 vote and would run smoothly with no major incidents reported, and an eventual peaceful transition of power to President Bassirou Diomaye Diakhar Faye. Senegal’s electoral journey stands out, particularly in contrast to the turbulent electoral climates in other African states.

While 2024 has been hailed as the Year of Democracy in which more than 2 billion people will go to the polls in 65+ elections across the world, in the biggest elections megacycle so far this century, with several taking place in Africa. 

Meanwhile, despite its economic challenges, Senegal is among a handful of African states alongside Benin, Mauritius, and Rwanda that have developed national Artificial Intelligence strategies. This goes against the trend in which the most developed or largest economies are the first to create national AI strategies. In the case of Africa, countries like South Africa or Nigeria would create national AI strategies first, yet neither has done so (though Nigeria’s strategy is reportedly in development).

Senegal’s commitments to a progressive legal, regulatory and institutional framework for the technology sector include its efforts in data governance, a hub for innovation, a  National Digital Addressing, and advancing a comprehensive National Data Strategy.

This year, Senegal joined 17 African countries that have put at least one satellite in orbit. It joined countries such as South Africa and Egypt which have 13 satellites each, with Nigeria ranking in third with seven satellites. President Bassirou Diomaye Faye remarked that the move signified a major step towards Senegal’s “technological sovereignty”.

This points to the wide spectrum along which many African countries sit regarding digital adoption, digital inclusion, technology-related regulation and legislation. The Forum aims to capture this diversity through the following themes:

  • Digital Inclusion
  • Digital Resilience                             
  • Freedom of Expression & Access to Information
  • Information disorder (mis/disinfromation)          
  • Implications of AI            
  • Governance and Policy
  • Movement Building

See the agenda

As a member of the #InternetFreedomAfrica community, FIFAfrica24 offers a unique platform to explore a wide range of themes and also provides valuable networking opportunities with participants from around the world with the shared vision of digital rights in Africa.

Join the Conversation

Can’t make it to Dakar? Don’t worry FIFAfrica24 will be streamed live here! You can still participate in discussions, watch live panels, and engage with attendees using the hashtag #FIFAfrica24 on social media. Better yet, you can register to attend remotely or in person and engage directly with participants within the event platform.

Be sure to stay connected, follow the debates and discussions, and contribute your thoughts and insights to the #InterneyFreedomAfrica community.

12Aug

Rollout of Digital Number Plates Poses Privacy Concerns in Uganda

Author CIPESA Posted on

By CIPESA Writer |

The rollout of the digital number plate system in Uganda is well underway. At a press conference last month, the Ministry of Works and Transport announced January 2025 as the deadline for full roll out. The system – over two years in the making – is a joint project between the government of Uganda and Russian company Joint Stock Company Global Security and has caused alarm among rights activists as it introduces another layer of massive personal data collection and processing amidst weak controls.

The stated objective of the Intelligent Transport Monitoring System (ITMS) is to improve the country’s transport management systems and security by enabling the authorities to “swiftly identify vehicles involved in criminal activities and improve traffic management through efficient ticketing and revenue collection”. It will involve the installation of digital number plates on all vehicles and motorcycles in the country, allowing security agencies to track and pinpoint their location at any one time.

  Overview of ITMS
Digital Number Plate ComponentsStatus of Fitment on Government Vehicles as at June 2024Target Installations (Registered Vehicles as at July 2024)
Aluminium plates – front and back1,0912,145, 988
A tracker
A sim chip
Bluetooth beacons – front and back
Snap locks

Once rolled out, the digital plates will add to the catalogue of surveillance apparatus in Uganda. The country already has a plethora of retrogressive laws, such as the Regulation of Interception of Communications Act 2010 and the Anti-Terrorism Act 2002 that require communication service providers to aid in intercepting communication by ensuring that their systems are always technically capable of supporting lawful interception. The laws also grant powers to an authorised officer to intercept the communications of a person and to conduct surveillance of individuals.

The components of the digital number plates will enable the government through its security agencies, such as the police, to swiftly identify vehicles and their owners. Instantaneous data exchanges pose major challenges to data privacy, especially in cases where there are calculated targets such as civil society organisations (CSOs), human rights defenders (HRDs), activists, and political opponents, government critics, or dissidents.

An added concern is that, according to the Uganda Police, the digital number plate system will be integrated with the Closed Circuit Television System (CCTV) system and others such as the motor vehicle registration system, the e-tax system managed by the Uganda Revenue Authority (URA) and the national identity database managed by the National Identification and Registration Authority (NIRA) to “ensure comprehensive vehicle and personal identification.” Given weak controls over data held by public bodies and rare punishment for data breaches and unauthorised access, linking these databases absent clear data-sharing frameworks and robust controls poses grave concerns. Notably, Uganda does not have a law or regulations governing CCTV/ video surveillance.

Whereas there are efforts to localise parts of the system through the establishment of a local production facility for the various components, the partnership with Joint Stock Company Global Security underscores Uganda’s reliance on foreign entities for purposes of conducting surveillance and interception of private communication of its citizens. For example, in August 2022, there were reports that the Uganda Police had purchased UFED, a technology developed by the Israeli firm Cellebrite that enables authorities to hack into password-protected smartphones.

Earlier, starting in 2018, Uganda turned to a Chinese company, Huawei, for the supply and installation of CCTV across major cities. The decision to install the CCTV cameras came on the heels of a spate of murders that had engulfed the country, with the security forces keen on using the CCTV cameras to improve security in the country. Like many other government security procurements, the CCTV deal raised a lot of transparency and accountability issues, including the secrecy that surrounded the entire process.

Additionally, there were reports that security agencies were working with Huawei technicians in Uganda to spy on opposition critics by intercepting encrypted communications and using cell data to track their movements. This appeared to be the continuation of a trend that was documented earlier in 2012, when the Uganda government reportedly relied on a Germany-made spyware, FinFisher, which it is said to have covertly installed in various places, including hotels, the parliament and key government institutions, for purposes of surveilling on its opponents, including politicians, civil society, and the media.

Given the country’s history of repressing the civic space and harassing political opponents, CSOs and HRDs, the ITMS digital number plates could further the suppression of civil liberties, including political participation, freedom of expression, access to information and assembly and association. Moreover, deeper democratic regression could occur since these liberties largely depend on privacy and the ability to express oneself with minimal interruptions or interference.

While the government has a legitimate desire to improve the security of its people and transport management, recent events as discussed above where the same government has used the acquired technologies to surveil its citizens and undermine digital rights, it is critical that any future attempt to enhance its surveillance apparatus is anchored in law with clear oversight mechanisms. This is because the deployment of surveillance technologies such as ITMS, FinFisher, and Huawei’s CCTV present a veritable avenue for economic and political exploitation by collecting extensive data on people’s behaviour, location, activities, and interests online and offline. This makes the risk of violation of privacy apparent, rendering citizens helpless because they essentially have no control over how the data will be used, even when they are aware that data is being collected.

It is, therefore, important that the government reduce its reliance on foreign-manufactured surveillance technologies, particularly from countries whose human rights record is wanting, as these have tended to use these tools to suppress civic spaces. In addition, the government should reconsider its regulatory framework to ensure it conforms to international standards on privacy and data protection, especially during the procurement and deployment of potentially intrusive technology that is prone to abuse.

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