FIFAfrica21: Stronger International Cooperation Key to Advancing Digital Rights in Africa

By Apolo Kakaire |

Constructive international cooperation will be key to shaping digital rights in Africa and creating a path towards an inclusive, safe and secure internet on the continent. This observation was at the heart of the eighth  edition of the Forum for Internet Freedom in Africa (FIFAfrica21) as it kicked off on September 28, 2021. 

In a keynote panel discussion, Ambassador Tadej Rupel, Ministry of Foreign Affairs of Slovenia, Presidency of the Council of European Union (EU) 2021, reiterated the need for a comprehensive partnership between the European Commission and the African Union (AU) to address the challenges that come with the wider advances in the  digital sphere.

He noted that many political actors view digitalisation through the lenses of the digital economy and yet there are more critical aspects to it. Accordingly, the Slovenian EU Presidency would work to raise political awareness and attention about the significance of digital rights. He called for policy dialogue as a precursor to addressing and reinforcing a human-centric agenda through sharing experiences, such as in regulatory expertise and frameworks, and underscored the need for cooperation in building cyber security, promoting cyber resilience, and increasing responsible state behaviour.

Ambassador Rupel said: “We are trying to solve similar challenges and we can all benefit from dialoguing on these issues. We cannot allow ourselves to pursue some things in isolation. We cannot talk about increased connectivity without talking about responsibility and safety. The partnership between AU and EU can play a big role in balancing sustainable, safe and a human-centric agenda for digital services.” 

Among the growing challenges that are key for EU-AU cooperation is safe and secure use of Artificial Intelligence (AI), which calls for streamlining the regulatory landscape and public sector policies in regulating AI governance, autonomous intelligence systems, and privacy/safety issues. “It is urgent that the Global Partnership on Artificial Intelligence prioritises bridging the gap between the theory and practice of AI,” said Ambassador Rupel. He said the Slovenia-based International Research Centre on Artificial Intelligence (IRCAI) could be developed into a centre of excellence on AI to drive multi-disciplinary research in the field. 

The keynote panel also noted that states were variously stifling citizens’ digital rights including the right to free expression and access to information. Samira Sawlani, a journalist, called for the establishment of mechanisms to ensure enforcement of guidelines and laws on access to information because, while many countries have legal and constitutional guarantees, the practice leans more towards impeding information disclosure. “One way to stop journalists from doing their work is to deny them information, and when a journalist is blocked then others also do not get this information and it is something we have seen before and even during the pandemic,” she said. 

Donald Deya, the Chief Executive Officer of the Pan African Lawyers Union (PALU), underscored the importance of stronger commitment from states to establish civil rights and digital rights standards at national, regional and continent level. So far, the commitment has been lacklustre. He cited the African Union Convention on Cybersecurity and Personal Data Protection, which requires only 15 countries to ratify it for it to come into force, yet currently only eight states have ratified.

Moreover, he noted, there is selective application of laws that has seen action taken against critics on such allegations as money laundering and terrosim. “The laws have issues but the culture of rule of law is a bigger problem – with laws being applied wrongly. We should cultivate the culture of doing what is right for the majority,” said Deya.

Meanwhile, there is growing concern that states are increasingly responding to criticism with draconian measures, such as internet shutdowns. According to Michèle Ndoki, a Cameroonian lawyer and activist, “there is a shift in muzzling dissenting views, which has the net effect of cutting off masses and also has widespread economic ramifications for individuals and the economy, and activists must respond to this growing threat”.

Digital taxation is another threat to the realisation of digital rights across the continent, which speakers indicated should be addressed under the proposed cooperation. As observed by one participant, “digital taxation has become a low hanging fruit for governments [in Africa] to tighten control of the digital space.” Deya said it was essential  to establish a fair global digital taxation formula, which could be pursued through the involvement of the United Nations (UN) Tax Committee.

Initiatives that could inform international cooperation include the Digital Transformation Strategy for Africa (2020-2030) which was launched in 2019, as well as human rights mechanisms such as the UN Human Rights Council, African Commission on Human and Peoples’ Rights (ACHPR) and the Special Rapporteur on Freedom of Expression and Access to Information.

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

CIPESA, Small Media Make Stakeholder Submissions to the United Nations Human Rights Council on Digital Rights in South Sudan, Uganda and Zimbabwe

By Ashnah Kalemera |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) together with Small Media last week made joint stakeholder submissions on digital rights in South Sudan, Uganda and Zimbabwe to the United Nations Human Rights Council.

The submissions were made as part of the Universal Periodic Review (UPR) mechanism which is an assessment of a country’s human rights under the auspices of the Human Rights Council. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

The submissions urge the three countries to ensure that rights to freedom of expression, freedom of information, equal access and opportunity as well as data protection and privacy are protected both offline and online pursuant to constitutional guarantees, regional and international instruments. Based on developments since the three countries’ previous UPR back in November 2016, the submissions make recommendations to be considered during the upcoming third cycle of the UPR, tentatively scheduled for November 2021.

The South Sudan submission was made in partnership with Defy Hate Now and supported by eight institutions – Rise Initiative for Women’s Rights Advocacy (RiWA), Freedom of Expression Hub, Koneta hub, Okay Africa Foundation, Anataban Initiative, IamPeace, Internet Governance Forum (IGF) South Sudan and Information Communication Technology for Development (ICT4D) Network.

The submission for Uganda was supported by Access Now, Freedom of Expression Hub, Women of Uganda Network (WOUGNET), Internet Society – Uganda Chapter and Pollicy.

Access Now, Paradigm Initiative, Zimbabwe Human Rights Association, Association for Progressive Communication (APC), Zimbabwe Lawyers for Human Rights, Zimbabwe Centre for Media and Information Literacy (ZCMIL), Media Alliance of Zimbabwe supported the Zimbabwe Submission.

Read the full submissions:

The three submissions bring to 14 the total number of UPR submissions made by CIPESA and Small Media on digital rights in Africa since 2018. Previous submissions made include: Ethiopia, the Gambia, Kenya, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, and Tanzania

Why Data Rights are Central to Protection of Online Freedom

By CIPESA Staff Writer |

In an increasingly digitised world, safeguarding data rights has become central to protecting individuals’ rights to access and share information, express themselves, and associate using the internet and related platforms.

Advances in technology, alongside growth in mobile subscriptions and increased use of smartphones have pushed individuals online to shop, interact, share and search for information, learn, and work, alongside digitalisation of more sectors of economies and public services. As a result, there is increased collection, processing and sharing of personal data. With many users of Information and Communications Technology (ICT) not aware of the implications of their use of digital technologies and how their rights are compromised, the potential for the data to be manipulated and abused by individuals, private companies and governments is ever-present. 

At the end of 2019, 477 million people in Sub-Saharan Africa were subscribed to mobile services, accounting for 45% of the region’s population. According to the GSMA, the group that represents the interests of mobile operators worldwide, smartphone adoption continues to rise rapidly in the region, reaching 50% of total connections in 2020. Meanwhile, as of 2019, there were 469 million registered mobile money accounts in Sub-Saharan Africa, a figure that was expected to reach half a billion in 2020.

From the provision of eServices, to digital identity (or digital ID), voters registration, drivers’ license applications and issuance, through to mobile phone SIM card registration, public and private service bodies including immigration authorities, law and security enforcement, health service providers, telecom operators, and digital financial service providers are among the big collectors and processors of personal data in Africa. Increasingly, the nature of personal data being collected is expanding, to include biometric data such as facial images or fingerprints.

What is Personal Data?

Personal data refers to information that relates to an identified or identifiable natural person by which that person can be identified, “in particular by reference to an identification or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.”

Upholding individuals’ data rights implies their personal data must be kept private and should not be known, stored, or used by unauthorised parties. Upholding data rights is then a central pillar of the long-recognised right to privacy, which national laws and international human rights frameworks such as the international bill of rights guarantee. Notably, the right to privacy is pivotal in a democratic society as it is both an enabler and reliant on the enjoyment of other rights, such as freedom of expression, information and association.

As businesses, governments, and civil society organisations seek to maximise value of increased data flows, the dangers of cyberthreats, cybercrimes, surveillance, and general data misuse pose threats that require national, regional, and international action to address. At the same time, excessive restrictions on the flow of data between countries can undermine regional economic benefits if no best practices are adopted on how data should flow, be stored, protected, and disposed – Building an Enabling Environment for Inclusive Digital Transformation in Africa.

Poor or missing legal protections for personal data, abuse of existing laws by state agencies including security agencies and by private companies, and poor digital security practices by citizens, are exacerbating the erosion of many African citizens’ data rights. With increased data collection has come increased state surveillance and data privacy breaches. Worryingly, many African states are increasingly using data to undermine citizens’ digital freedoms, such as by conducting real-time monitoring, surveillance of citizens’ social media and intercepting telephone communications. In some instances, this has led to arbitrary arrests and prosecutions of individuals.

Moreover, telecoms and internet service providers are required by law to comply with user information requests or requests for assistance from the government, including the common requirement to install software to facilitate the state’s conduct of surveillance and monitoring of citizens’ communications. Many governments are indeed accessing subscribers’ data from telecom companies with limited oversight and hardly any transparency. Even where service providers feel constrained about regulator directives, they are often overcome by the need to continue operations and agree to restrict data rights. 

In such countries, digital rights are under threat and, resultantly, citizens are losing the appetite to participate in public affairs, and they often practice self-censorship in their engagements over digital platforms. This undermines the philosophy of a free and open internet that drives innovation, enables the enjoyment of rights and improvement of livelihoods.

In many countries, the digital rights situation worsened during the Covid-19 pandemic, as governments suspended respect for several rights, collected lots of private data and conducted surveillance without sufficient oversight, safeguards, or transparency.

The State of Internet Freedom in Africa 2020 Report found that the fight against Covid-19 has had a fundamental impact on digital rights and freedoms including freedom of expression, access to information, privacy, assembly and association. It has also undermined civic participation and, in many countries, deepened the democracy deficit.

In responding to the Covid-19 pandemic, countries across the continent adopted a series of Covid-19 regulations and practices, including deploying surveillance technologies and untested applications, to enable them conduct lawful collection and processing of personal data for purposes of tracing, contacting, isolating and treating those found to be positive or their contacts. These measures were quickly adopted and the collection of personal information continues, and in some cases without adequate regulation or oversight – State of Internet Freedom in Africa 2020: Resetting Digital Rights Amidst the Covid-19 Fallout

In several African countries, there are inadequate safeguards and limited oversight to guard against potential violations of digital rights arising out of the implementation of laws, regulations, systems, and practices imposed to fight Covid-19. According to the United Nations, the use of emergency powers and tools of surveillance technology to track the spread of Covid-19 must be non-intrusive, limited in time and purpose and abide to the strictest protections and international human rights standards governing privacy and personal data.

Concerns over data handling during the fight against Covid-19 and how that harmed digital rights informed the formation of the #RestoreDataRights movement, that is promoted by a group of African and international civil society, academic and philanthropic partners. Launched at the end of 2020, it is premised on the conviction that our fundamental human rights – including those exercised in cyberspace and over our personal and sensitive data – should be respected and upheld during and after the Covid-19 public health emergency. Furthermore, decision-making processes around how sensitive data are collected, shared and used to tackle the Covid-19 pandemic in Africa should be transparent, inclusive and accountable.

There has also been a proliferation of retrogressive laws, procedures and practices such as the systematic criminalisation of online communication and dissent, the arbitrary arrest, illegal detention, flawed prosecution and excessive punishment of government critics. On a continent where digital authoritarianism is rising, the legitimisation of surveillance, censorship, and breaches in the rule of law during the coronavirus crisis could create a new normal that erodes internet freedom for years to come. 

There is therefore a need to have strong data protection laws; to educate citizens to protect their data and to demand their digital rights; and to have strong, well-resourced and independent data protection authorities. It is also crucial to establish clear and well-publicised complaint mechanisms in cases of data privacy breaches. Meanwhile, private companies should institute stringent measures to protect data privacy and integrate ‘privacy by design’ in any applications they develop, partner with civic actors and public officials to promote digital rights, and be transparent about their data handling practices.

These measures would enable accountable data governance that respects citizens’ data rights and advances wider internet freedoms in Africa. Further, they would enable robust protection of digital rights and data rights, while providing scope for data openness that enables harnessing of data to serve the legitimate public interest.

Botswana ICT Challenges: In Quest For A Knowledge-Based Society

By Hopeton S. Dunn |

During his inauguration in November 2019, Botswana’s President, Mokgweetsi Masisi, declared his intention to diversify Botswana’s economy and transform it into a knowledge-based one. President Masisi was acutely aware that Botswana’s rapid rise to become an upper middle income country was largely based on earnings from diamond exports and, to a lesser extent, high-end tourism, industries that are either volatile or unsustainable in the longer run.

Botswana has a record of economic transformation which saw Gross Domestic Product (GDP) grow at an average  rate of 8.78% between 1991 and 2014. In the same period, literacy levels moved from 68.58% in 1991 to 87.7% by 2014, having been at 34% in 1981. However, job creation has not kept pace with population growth or the increasing literacy levels. According to Statistics Botswana, while unemployment stood at 10.75% in 1981, by 2013 it had grown to 20%.

Between 2015 and 2019, GDP grew by an average of 2.59 %, a significant fall from the preceding decades.

To move  from a minerals-led to a knowledge-based economy, the government undertook to implement reforms to expand employment and make Botswana’s products and services more competitive on the world market. The Information and Communication Technology (ICT) sector was expected to contribute to this effort. As an indicator of its prospects, cellular phone subscriptions moved from 13 per 100 inhabitants in 2000, to over 169 per 100 of inhabitants in 2014. There was a distinct possibility of ICT opening up new jobs and development opportunities, especially for youth in new occupational areas such as digital design, online content production, and data analytics. According to the Youth Empowerment Minister, Tumiso Rakgare: “We want to move with new trends and best practices in the content creation industry.”

This would require improved internet access, new e-government strategies, and expanded use of ICT as measures towards job creation and ICT-enabled development.  As is shown below, it has been a mixed record.

Amazing Infrastructure

Over the last decade, Botswana invested extensively in infrastructure to support the vision of a digital-enabled development, with USD 32.3 million pumped into the Trans-Kalahari Fibre Network. The network was intended to deliver 2,000 kilometres of optical fibre across the land-locked country’s southern regions and to link into nearby countries such as Namibia and South Africa.

Another fibre-optic loop links the capital, Gaborone, in the south, to the northern population hub of Francistown. The country is also linked to the rest of Africa through the Eastern Africa Submarine Cable System (EASSy) and the West Africa Cable System (WACS).

Against the background of these major investments, Botswana’s ICT policy and regulatory arrangements were to be repurposed to help translate this elaborate infrastructure into advanced levels of corporate communication, citizen access and high-speed connectivity for national development. The current national strategic masterplan, dubbed Vision 2036, aims to realise these goals by transforming Botswana from an upper middle-income country to a high-income country by 2036. Its implicit aim is to use ICT as a transformational tool towards creating a knowledge-based society.

Deficits and Challenges

While the broad provisions of the strategic plan remain relevant and admirable, it is evident that a foundation of technological transformation was not explicitly embedded in the Plan’s published descriptors. A dedicated ICT pillar, as a necessary component of the sought after knowledge society, seems to be missing. While there has been progress in implementing such laws and policies as the Cyber Crime and Computer Related Crimes Act (2018) and the Botswana National Cyber Security Strategy (2020), other approved policies and laws remain in abeyance. These include the Data Protection Act, which was approved by Parliament in 2018 but has not yet implemented. This is because the establishment of some key institutional structures and regulations are awaited. The same is true for Botswana’s controversial Media Practitioners Act 2008, which is now facing revocation and a possible re-write.

If the noble objectives in Vision 2036 are to be realised, Botswana’s policy and implementation structures will need to be more agile in order to meet the commitment for a knowledge-based society. This goal will also remain challenging given the economic setbacks caused by the Covid-19 pandemic.

Despite the high levels of infrastructure investment, there is little evidence of an expected incoming flow of ICT-related foreign direct investments, or of innovative local investors preparing to build out digital platforms and offer new creative services. It is these initiatives and hoped-for investments that would generate the increased employment levels that the Youth Empowerment Minister had envisaged. In reality, expanded career opportunities such as those in content development services, animation, film production and digital design appear slow to emerge, but are necessary catalysts. Hopefully, the expected early fruits of the vast infrastructure investment in an intended diversified knowledge economy will emerge soon.

One of the agencies that could help to drive the process of renewal is the Botswana Communications Regulatory Authority (BOCRA), whose function it is to oversee a converged ICT and Broadcasting environment – key building blocks of the digital, knowledge-based economy. BOCRA’s roles include oversight over the electronic media, regulation of internet service provision and promoting the broader telecommunications network systems that are needed to power the development of data intensive services.

Established in 2013, the well-resourced BOCRA inherited considerable experience from its predecessor, the Botswana Telecommunications Authority. The institutional restructuring that gave rise to BOCRA was clearly part of a process of telecoms liberalisation that spawned several small internet service providers (ISPs) and new radio broadcasters. The regulatory restructuring also led to the creation of Botswana Fibre Networks Limited, BOFINET, the infrastructure provider, and to the emergence of a separate privatised BTC mobile telephony offshoot called BeMobile. These too should be playing a more dynamic and visible part in building the knowledge society. This new BeMobile company has become a cell phone competitor to its more established incumbents, Orange and Mascom.

This liberalised competitive framework was undergirded by some key legislative reforms that were meant to give legs to the country’s strategic development plan, Vision 2036, and no doubt to the new drive for knowledge society status. The liberalisation process and its outcome were given context by Botswana’s earlier  National ICT Policy of 2004, widely known as ‘Maitlamo’, that foreshadowed many of the current regulatory and legislative changes.  The Communications Regulatory Authority Act of 2012 that established BOCRA as a converged regulator, was also meant to help streamline the country’s ICT strategies, but key challenges remain.

Poor Network Service

Contrary to BOCRA’s 2015 User Survey, which indicated that almost 80% of internet users were satisfied with service quality, there appears to be deepening concerns about effective internet access and network service quality by a growing community of smartphone users. Stats Botswana indicates that while mobile broadband subscription was at 3 per 100 of inhabitants in 2000, this had grown to 67 per 100 of inhabitants by 2017. Despite this dramatic growth in mobile cellular subscription, there are complaints that prices on mobile airtime and on data bundles are challenging for lower income users, including students and some educators who have been forced to migrate online in the face of the Covid-19 pandemic’s effect on educational service delivery.

A February 4, 2018 report in the Sunday Standard newspaper said BOCRA, the regulator, had released a report on recent consumer complaints against telecoms service providers. The newspaper report said that, according to BOCRA, the complaints concerned, among others, billing, missing airtime and data bundles, faulty telephone lines, slow internet speeds, mobile money and termination of contracts. In an  earlier report  in The Gazette newspaper of March 30, 2017, it was alleged that consumer prices were inflated. The newspaper posed questions to operators, including,  “why do all mobile operators charge almost similar – between 60 thebe and 1.50 (pula) per MB?” The Gazette also inquired about what operators thought of “consumer complaints about the high prices in the market”. The report suggested that to some users, internet service provision in Botswana was expensive, spotty and way too slow for promised package speeds.

In light of these challenges, a key question for policy-makers is how regulation of internet prices and mobile service quality will be carried out in order to facilitate innovation among youthful ICT enthusiasts and digital business ventures. Should there be more consistent oversight over mobile termination rates and more aggressive monitoring of service quality?

Yet, getting to the coveted ‘knowledge society’ threshold cannot be based primarily on improved ICT service delivery and reduced pricing alone. It must also include reforms in broadcasting policy, provisions for cost-effective management of big data, training in cultural and creative industries, and competitive regional marketing for design and production services. While the critical issues of digital access, network quality and affordable prices remain central to successfully driving buildout of the future knowledge society, other factors, such as incentives for private investments, wide-scale ICT training and agile policy implementation are also crucial in transforming one of Africa’s most peaceful and prosperous countries.


Hopeton S. Dunn is a a Professor of Media and Communications at University of Botswana. As a   CIPESA Fellow, he is interested in communications policy reform, digital literacy and inclusion, effective internet access and equity, especially as they relate to people in the Global South. His work spans media regulation, technology policy-making, and new theoretical constructs for development.