Promoting Effective and Inclusive ICT Policy in Africa

Tag Archives: Digital Rights

  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Digital Rights
The-Africa-Digital-Rights-Fund
26Nov

Safeguarding Digital Rights in Africa’s Growing Digital Economy

Author CIPESA Posted on

By Loyce Kyogabirwe |

Increased digitalisation and adoption of technology in Africa has fuelled the continent’s economy, with commerce and transactions increasingly being conducted online. Innovation and use of web and mobile applications have also encouraged the growth of micro, small and medium-sized enterprises, which has advanced financial inclusion and employment, and made the technology sector a key contributor to African countries’ Gross Domestic Product (GDP). For instance, platforms such as Jumia which is operational in 11 African countries have transformed the retail, travel and food markets. Other notable online platforms include Appruve and Esoko (Ghana), mFarm (Kenya) and Novus Agro (Nigeria).

African governments have prioritised the integration of technology into more sectors to drive social and economic transformation. However, the rapid adoption of technology tools and platforms has also been met with growing concerns about the impact on digital rights, including data protection and privacy, the digital divide, freedom of expression and surveillance. Other worrying trends include network disruptions, digital taxation, data localisation requirements, and encryption regulations. There is a growing consensus among digital rights advocates that the adoption of technology tools and policies impacting the digital space should not only advance economic inclusion, but also be carefully assessed and implemented in a way that respects human rights in the digital age. 

According to a GSMA report, in 2020, “mobile technologies and services generated more than USD 130 billion of economic value” while USD 155 billion is projected to be generated by 2025. The report further says that “495 million people subscribed to mobile services in Sub-Saharan Africa” by the end of 2020, representing 46% of the region’s population, and this is expected to increase to around 615 million subscribers by 2025, reaching the mark of 50% of Africa’s population.

In an effort to advance digital rights across Africa’s growing digital economy, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) through the Africa Digital Rights Fund (ADRF) has worked to support advocacy initiatives, skills development, and movement building to effectively influence policy and practice on digital rights and the digital economy. Efforts by the ADRF grantees have engaged with state and non-state actors, providing replicable insights into how governments and the private sector in the region can safeguard digital rights while advancing the digital economy. 

In Ghana, the Financial Inclusion Forum Africa developed a Data Protection and Privacy Policy to serve as an internal guide on how digital financial service providers in the country should collect, store, and process individuals’ data. The policy outlines principles on the management of personal data in compliance with Ghana’s Data Protection Act 2012 and the International Organization for Standardization and International Electrotechnical Commission Standards for Information Security Management – ISO 27001:2013. The policy benefited from reviews and input from leading digital financial service providers such as Appruve, Jumo, Vodaphone Cash, and G Money, alongside industry experts and regulators such as the eCrime Bureau, RegTheory, and CUTS (Consumer Unit and Trust Society) Ghana. This provided insights into the policy’s viability and applicability by tapping on real-life experiences of these service providers. 

Similarly, the Centre for International Trade, Economics and Environment (CUTS) and Mzalendo Trust have worked to advance consumer protection, security and inclusion, and public awareness within the digital economy in Kenya. The two Kenya-based grantees engaged with stakeholders such as the Capital Markets Authority, Kenya ICT Action Network (KICTANet), Association of Freelance Journalists, Open Institute, The Centre for Intellectual Property and Information Technology Law (CIPIT) at Strathmore University, Article 19, County Assemblies Forum, Internews, and the Election Observation Group (ELOG).

In Mozambique, efforts by the Mozambican Disabled Persons’ Organisation Forum (FAMOD) under ADRF focused on accessibility and compliance assessments of online services, including for employment, telecommunications, and revenue collection. These assessments helped identify key areas where advocacy campaigns for digital inclusion of persons with disabilities would be most impactful. Meanwhile, in an effort to promote women’s safety and participation online in Namibia, the local chapter of the Internet Society (ISOC) conducted policy engagements on the protection of women and girls as part of the Data Protection Bill. 

In Somalia, the work of Digital Shelter made significant breakthroughs in stakeholder dialogue and engagement on aspects of digitalisation that previously have not been prioritised or discussed regularly. Engagements, including in partnership with the Institute of Innovation, Technology & Entrepreneurship (IITE), the ICT and e-Governance Department in Ministry Communications and Technology, the private sector and activists, have focused on youth skilling, digital empowerment, data protection and privacy, and an open and inclusive internet. 

Finally, ADRF grantee, Alt Advisory, recently published research on a rights-based assessment of Artificial Intelligence (AI) applications in South Africa. The research involved inputs from 14 leading companies in the country’s financial services, retail and e-commerce sectors and two government bodies – the Home Affairs Department and the Department of Health. The findings of the study indicated human rights gaps in AI profiling and the need to bolster compliance with rights guarantees under relevant laws and policies and enforcement by the country’s data protection watchdog, the Information Regulator, and other regulatory bodies.

The ADRF grantees’ interventions in Ghana, Kenya, Mozambique, Somalia, and South Africa highlight the value of evidence-based advocacy that informs multi-stakeholder deliberations on the digital economy and digital rights. Together with the work of the broader ADRF cohort, it presents key lessons on digitalisation in Africa and the need for operationalisation of supporting frameworks such as for cyber security, data protection and privacy; increased participation of minority and marginalised groups in the design of initiatives; multi-stakeholder collaboration; harmonisation of national and local government plans; and digital literacy skills building. To learn more about the ADRF programme, please visit https://cipesa.org/the-africa-digital-rights-fund-english/. 

16Nov

International Day of Persons With Disabilities (IDPWD) 2022

The theme this year is “Transformative solutions for inclusive development: the role of innovation in fuelling an accessible and equitable world“.

The annual observance of the International Day of Persons with Disabilities (IDPD) on 3 December was proclaimed in 1992 by the United Nations General Assembly resolution 47/3. The observance of the Day aims to promote an understanding of disability issues and mobilize support for the dignity, rights and well-being of persons with disabilities.

The 2022 global observance to commemorate the International Day of Persons with Disabilities will be around the overarching theme of innovation and transformative solutions for inclusive development, covering in three different interactive dialogues the following thematic topics:

Click here for more information on the event.

10Nov

Countering Digital Authoritarianism in Africa

Author CIPESA Posted on

By Apolo Kakaire |

The Internet which is viewed as the panacea for democracy, participation and inclusion is increasingly becoming a tool of repression deployed by regimes across the world to stifle rights and voice.  Africa, a continent already replete with poor democratic credentials and practices seems to be rapidly catching up on the new ‘epidemic’- digital authoritarianism.

The use of technology tactics to advance repressive political interests has come to be  referred to as digital authoritarianism. However, the tactics employed by authoritarian regimes have also been deployed by democratic states for purposes of surveillance, spread of misinformation, disinformation, and the disruption of civic and political participation under the pretext of fighting cybercrime, and in the interest of protecting national security, and maintaining public order.

Big technology companies are key drivers of digital authoritarianism through the creation, innovation and supply of repressive technology and related support. Moreover, political parties, interest groups, and smaller private companies have lapped it up too, developing and using tools and strategies of digital authoritarianism.

Digital authoritarianism is a great case study in understanding and appreciating the impact of technology on human rights. While laws legalising surveillance and interception of communications, and widespread data collection and processing may not be a problem in themselves, it is the ambiguity often present within those laws that give governments wide latitude of interpretation to facilitate the rights abuse that is a growing challenge.

At the Forum on Internet Freedom in Africa 2022 (FIFAfrica22), Global Voices Advox, shared findings from the Unfreedom Monitor– a project exploring the political and social context that fuels the emergence of digital authoritarianism in 17 countries. They hosted a panel discussion in which project researchers from India, Nigeria, Sudan and Zimbabwe presented the project findings on the connections between political contexts, analogue rights, and the growing use of digital communications technology to advance authoritarian governance.

The findings paint a grim picture for  freedom of the media, expression, and democracy in general. In Zimbabwe for instance, the Unfreedom Monitor report notes that; “the press walks a precarious line between national security and the professional obligation to report truthfully” on issues that happen in the country. It is an observation that is replicated in the mapping conducted in Morocco, Egypt, and Tanzania 

In Sudan, where internet censorship, bad laws and repressed liberties and network disruptions are commonplace, Khattab Hamad noted that the contours and motives of digital authoritarianism include fear of losing power, protecting the existence of regional or international alliances, and geopolitical motives protecting private and family interests. He added that terrorism and support for terrorist groups was another motive for authoritarianism in the country. 

In Tanzania, researchers found that often, laws are enacted as precursors to enable various methods of digital authoritarianism. For example, the Cybercrime Act which was hurriedly enacted just months before the October 2015 elections. “There were many other such laws, including the amendments to the Non-Governmental Orgnaisations (NGO) Act, that saw NGOs being deregistered and control on them tightened in the lead up to the 2020 elections”, they revealed.

In Uganda, network disruptions in the run up to and during recent elections is another example of digital authoritarianism. “Sometimes the internet is restored after elections. So, the question is what exactly is the purpose? What are you hiding? Why do you deny your people access to information? Internet shutdowns also question the credibility of elections”, said Felicia Anthonio of Access Now. She added that network disruptions affect engagement between voters and political candidates, in addition to limiting  electoral oversight and monitoring by human rights activists and election observers. 

As part of the Unfreedom Monitor project, Global Voices Advox has established a publicly available database on digital authoritarianism to support advocacy in light of the “urgency of a fast deteriorating situation”, said Sindhuri Nandhakumar, a researcher  with the project. 

While applauding the research and database in supporting evidence-based advocacy, digital rights activists at FIFAfrica22 noted that given the behaviour of authoritarian regimes, advocacy at the national level may be met with a lot of resistance. As such, more engagement was called for  through special mandates and periodic human rights review mechanisms at the African Union (AU) and the United Nations Human Rights Council.   

“Advocacy [against digital authoritarianism] at national level will be difficult. Positive results could be registered through Special rapporteurs at the AU and states through the Universal Periodic Review (UPR), towards securing accountability”, said Arsene Tungali from the Democratic Republic of Congo.

For African digital rights activists, the Global Voices Advox research and database unravels new  avenues for collaborative advocacy and transnational opportunities for interventions to stem this spread of digital authoritarianism. The findings however also point at the need for a concerted and robust response to its growing traction.

As elections in Africa remain a major flashing point for digital authoritarianism as all manner of manipulation of voters, narratives, even results abound, it remains a key area of transnational cooperation. Ahead of the elections in Zimbabwe, slated for July-August 2023, Advox will come up with tips on awareness raising on voter rights and the role of technology in elections. Zimbabwe provides a good opportunity to pilot, learn and perhaps adopt some interventions to counter this behemoth.

28Oct

Digital Rights Prioritised at The 73rd Session of The ACHPR

Author CIPESA Posted on

By CIPESA Writer |

Digital rights as key to the realisation and enforcement of human rights on the African continent was  among the thematic focus areas of the Forum on the Participation of NGOs in the 73rd Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) held on October 17-18, 2022 in Banjul, the Gambia. Under the theme “Human Rights and Governance in Africa: A Multi-Dimensional Approach in Addressing Conflict, Crisis and Inequality”, the Forum also featured thematic discussions on conflict, the Africa Continental Free Trade Agreement, the environment, climate change, gender-based violence, post Covid-19 strategies and civic space for human rights and good governance.

The Forum on the Participation of NGOs in the Ordinary Sessions of the ACHPR is an advocacy platform coordinated by the African Centre for Democracy and Human Rights Studies. It aims to promote advocacy, lobbying and networking among non-governmental organisations (NGOs) for the promotion and protection of human rights in Africa. The Forum allows for sharing updates on the human rights situation on the continent by African and international NGOs with a view of identifying responses as well as adopting strategies towards promoting and protecting human rights on the continent.

A session in which the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) participated alongside Paradigm Initiative (PIN), the International Center for Not-for-Profit Law (ICNL) and the Centre for Human Rights-University of Pretoria, discussed the relationship between human rights and technology.

Thobekile Matimbe from PIN observed that internet shutdowns in the region are worrying and a major threat to freedom of expression, access to information, freedom of association and peaceful assembly contrary to article 9 of the African Charter on Human and People Rights (ACHPR) and the ACHPR Declaration of Principles on freedom of expression and access to information in Africa. She  expounded on the profound adverse impacts of internet shutdowns and disruptions on socio-economic rights, including the right to education, housing, health, and even social security. Matimbe specifically called for an end to the now two years internet and phone shutdown in Ethiopia’s Tigray region, while also regretting the continued violation of international human rights standards by States in other parts of the continent. 

Introducing digital rights as human rights and situating the different human rights groups within the digital rights discourse, Irene Petras from ICNL highlighted the technological evolution on the continent and the interrelatedness and interdependence of the internet with various rights and freedoms. According to her, internet shutdowns are an emerging concern that is adversely impacting the digital civic space. 

According to Access Now, in 2021 at least 182 internet shutdowns were experienced in 34 countries across the globe. In Africa, shutdowns were recorded in 12 countries on up to 19 occasions. The affected countries were Chad, the Democratic Republic of the Congo, Ethiopia, Gabon, Niger, Uganda and Zambia, which experienced internet restrictions during elections. Eswatini, Ethiopia, Gabon, Senegal and South Sudan experienced internet shutdowns due to protests and civil unrest. 

According to CIPESA’s legal officer Edrine Wanyama, given the long-standing authoritarianism and democracy deficits in most parts of the continent, elections, protests and demonstrations and examination periods are  the key drivers of internet shutdowns in Africa. Wanyama also noted that the consequences of internet shutdowns were wide ranging, extending to economic and financial loss, undermining freedom of expression, access to information and access to the internet, aggravating the digital exclusion gap, placing doubt on credibility of elections, facilitating loss of trust in governments and often fueling disinformation and hate speech. 

Given the social, economic and political benefits of the internet, Hlengiwe Dube of the Centre for Human Rights at the University of Pretoria urged states to re-think its availability and access at all times, as opposed to imposing information blackouts and creating situations for litigation.  She noted that meaningful access and creation of a facilitative environment for internet access has widely been advanced as part of the Sustainable Development Goals (SDGs). 

The session called for active monitoring and documentation of internet shutdowns by NGOs including through collaborative and partnership building efforts, utilising investigative tools like Observatory of Network Interference (OONI) and NetBlocks which help to detect disruptions, and engaging in strategic litigation. 

The joint recommendations provided for inclusion in the NGOs Statement to the African Commission on Human and Peoples’ Rights (ACHPR) 73rd Ordinary Session by the thematic cluster on digital rights and security are to:

African Commission on Human and Peoples’ Rights (ACHPR) 

  1. In the event of an internet shutdown or any state-perpetrated network disruption, the ACHPR should condemn in the strongest terms such practices and reiterate the state obligations under international human rights law and standards. 
  2. In its assessment of State periodic reports, the ACHPR should engage States under assessment on issues of internet access including the occurrence of interferences through measures such as the removal, blocking or filtering of content and assess compliance with international human rights law and standards.
  3. The ACHPR should engage with stakeholders including State Parties, national human rights institutions and NGOs to develop guidance on internet freedom in Africa aimed at realising an open and secure internet in the promotion of freedom of expression and access to information online.

States Parties

  1. States should recognise and respect that universal, equitable, affordable and meaningful access to the internet is necessary for the realisation of human rights by adopting legal, policy and other measures to promote access to the internet and amend laws that unjustifiably restrict access to the internet.
  2. States parties should desist from unnecessarily implementing internet shutdowns and any other arbitrary actions that limit access to, and use of the internet and restore all disrupted digital networks where such disruptions have been ordered. Where limitation measures that disrupt access to the internet and social media are inevitable, they should be narrowly applied and should be prescribed by the law; serve a legitimate aim and be necessary and proportionate means to achieve a stated aim in a democratic society. 
  3. The State, as the duty bearer, should create a conducive environment for business entities to operate in a manner that respects human rights. 

Non-Governmental Organisations 

  • NGOs and other stakeholders should monitor and document the occurrence of internet shutdowns including their impact on human rights and development; raise awareness of the shutdowns and continuously advocate for an open and secure internet.

The Private Sector

  • Telecommunications companies and internet service providers, in their response to shut down requests, should take the relevant legal measures to avoid internet shutdowns and whenever they receive Internet Shutdown requests from States, the companies should insist on human rights due diligence before such measures are taken to mitigate their impact on human rights, ensuring transparency.
29Sep

State of Internet Freedom in Africa 2022: The Rise of Biometric Surveillance

Author Evelyn Lirri Posted on

FIFAfrica22 |

Digital biometric data collection programmes are becoming increasingly popular across the African continent. Governments are investing in diverse digital programmes to enable the capture of biometric information of their citizens for various purposes.

A new report by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) documents the emerging and current trends in biometric data collection and processing in Africa. It focuses on the deployment of national biometric technology-based programmes in 16 African countries, namely Angola, Cameroon, Central African Republic, Democratic Republic of Congo, Kenya, Lesotho, Liberia, Mozambique, Nigeria, Senegal, Sierra Leone, Tanzania, Togo, Tunisia, Uganda, and Zambia.

The report published today is the ninth consecutive one issued by CIPESA since 2014 under the State of Internet Freedom in Africa series. It was released at the Forum on Internet Freedom in Africa (FIFAfrica), which is taking place in Lusaka, Zambia.

The biometric data collection programmes reviewed by the report include those related to civil registrations, such as the issuance of National Identity cards, biometric voter registration and identification programmes, government-led CCTV programmes with facial recognition capabilities, national ePassport initiatives, refugees’ registration, and mandatory biometric SIM card registration.

The report highlights the key trends, potential risks, challenges and gaps relating to biometric data collection projects in the continent. These include limited public engagement and awareness campaigns; inadequate legal frameworks that heighten risks to privacy; exclusion from accessing essential services; enhanced surveillance, profiling and targeting; conflicting interests and the wide powers of third parties; and limited capacity and training. 

Consequently, the study notes that these biometric programmes are being implemented in countries with poor digital rights records, declining democracy and rising digital authoritarianism, which casts doubt on the integrity of biometric data collection programmes and the resultant databases. Thus, viewed collectively, the developments, trends and risks outlined in the report heighten concern over the growing threats to the right to privacy of personal data and potential violations of digital rights on the continent. 

Finally, the report presents recommendations to various stakeholders including the government, civil society, the media, the private sector and academia, which, if implemented, will go a long way in addressing data protection and privacy gaps, risks and challenges in the study countries. 

The key recommendations include a call to:

  • Governments to implement the laws and policy frameworks on identity systems and data protection and privacy while paying keen attention to compliance with regionally and internationally recognised principles and minimum standards on data protection and privacy for biometric data collection and require the adoption of human rights-based approaches. 
  • Countries without data protection and privacy laws such as Liberia, Mozambique, Sierra Leone and Tanzania should expedite the process of enacting appropriate data protection laws so as to guarantee the data protection and privacy rights of their citizens. 
  • Governments to ratify the AU Convention on Cyber Security and Personal Data Protection (Malabo Convention) to ensure government commitment to regional data protection and privacy as a means to hold them accountable.
  • Governments to establish independent and robust oversight data protection bodies to regulate data and privacy protection including biometric data.
  • Civil society to engage in advocacy and lobby governments to develop, implement and enforce privacy and data protection policies, laws and institutional frameworks that are in compliance with regional and international minimum human rights standards.
  • Civil society to monitor, document and report on the risks, threats, abuses and violations of privacy and human rights associated with biometric data collection programmes, and propose effective solutions to safeguard rights in line with international human rights standards.
  • The media to progressively document and report on initiatives such as advocacy by civil society and other stakeholders to keep track of developments. 
  • The media to conduct investigative journalism to identify and expose privacy violations arising from the implementation of biometric data collection programmes.
  • The private sector to take deliberate efforts to ensure that all their respective biometric data collection programmes and systems are developed implemented and managed in compliance with best practices prescribed by the national, regional and international human rights standards and practices on privacy and data protection, including the UN Guiding Principles on Business and Human Rights.
  • The private sector to ensure that they progressively adopt and develop comprehensive internal privacy policies to guide the collection, storing and processing of personal data. 
  • The private sector to take deliberate efforts aimed at involving data subjects in the control and management of their personal data by providing timely information on external requests for information. 
  • Academia to conduct evidence-based research on data protection and privacy including biometrics, highlighting the challenges, risks, benefits and trends in biometric data collection programmes. 

The full State of Internet Freedom in Africa 2022 Report can be accessed here.

1 … 14 15 16 17 18 … 22