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05Nov

Navigating the Complex Digital Rights Terrain in the Sahel: Advocates Speak Out

Author CIPESA Posted on

By Simone Toussi |

Countries in the Sahel region, including Burkina Faso, Mali, and Niger, present a perilous environment for human rights defenders as military regimes entrench themselves in power. The digital space, once considered a beacon of opportunity for free speech and access to pluralistic information, has steadily come under siege, with the rights to privacy, freedom of expression, and the ability to access and share information increasingly being stifled. 

Whereas these countries face the digital rights prevalent in other Francophone African countries, such as internet disruptions, state surveillance, online censorship, and weaponisation of cybersecurity and disinformation laws, the overthrow of civilian governments by the military  in the three countries has deepened the level of authoritarianism. 

At the Forum on Internet Freedom in Africa – hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and AfricTivistes in September 2024 in Dakar, Senegal, experts gathered to discuss the mounting challenges and opportunities for digital rights in the region. The session highlighted the precarious position of human rights defenders in the region and the role of digital technologies in both exacerbating and addressing these challenges. 

In line  with CIPESA’s work to address the information disorder in Sub-Saharan Africa and equip actors to better advocate for rights-respecting digital laws, the session addressed critical digital rights concerns  as well as pressing social issues such as gender inequality, armed conflict, and the deteriorating press freedom, while examining the regulatory framework emerging in response to these issues. 

Human rights defenders in the Sahel, particularly women’s rights activists and journalists, face immense challenges due to the political instability, armed violence, and authoritarian regimes which have imposed severe restrictions on press freedom, the flow of information, and civil society activities. 

According to Djibril Saidou from International Media Support (IMS), digital rights challenges in the Sahel go beyond protecting free speech. “It’s about ensuring access to information on urgent issues like gender rights and armed conflicts,” said Saidou. Given the challenging contexts, he stated that intervention efforts should be focused on resisting censorship and promoting resilience for advocates of digital rights and democracy. 

Chantal Nare, a feminist blogger of Bloggueuses226 and activist from Burkina Faso, shared her experience advocating for women’s rights in such a volatile environment. She highlighted the constant fear of retaliation and surveillance, which stifles free expression, even on digital platforms. Chantal raised a crucial question: “How can digital technologies like WhatsApp or blogs be used to protect and empower women without exposing them to further risk from state or extremist actors?”

Urbain Yameogo from Centre for Information and Training on Human Rights in Africa (CIFDHA) cited the abuse of cybercrime and anti-terrorism laws to curtail freedom of expression. 

“The 2015 Anti-Terrorism law in Burkina Faso, initially allowed journalists some latitude to access sensitive information related to terrorism for professional purposes. However, revisions to the Penal Code in 2019 removed these exemptions, exposing journalists to prosecution for acts they would have previously carried out in the course of their work, such as accessing websites linked to terrorism. This change has created a legal grey area where journalists and human rights defenders are left vulnerable to legal persecution.” – Urbain Yameogo, CIFDHA.

Panelists emphasised that journalists in the region who report on sensitive topics such as terrorism and human rights violations are increasingly prosecuted under cybercrime laws rather than traditional press laws, which historically offered more protection for media practitioners. This shift undermines the rights of journalists to report freely, as cybercrime laws are often ill-defined and can be interpreted broadly to suppress legitimate journalistic work.  

Faced with the challenge of defending digital rights in an environment of heightened fear of reprisals from the military regimes, some participants emphasised the need for exercising extreme caution and  taking  a conciliatory approach to their work. 

This was underscored by Cheikh Fall from the regional human rights organisation AfricTivistes: “Sometimes, we must choose between life and freedom. In Sahel countries under military rule, digital rights are overshadowed by the immediate need for survival. This stark reality emphasises that when basic human rights are at stake, the struggle for freedom becomes paramount. It’s essential to recognise that in such situations, the struggle for basic human rights is intertwined with the fight for freedom.” 

Proposals were made to create unified laws addressing both digital and media issues. However, given concerns that such laws could be double-edged, potentially enhancing repression rather than protecting freedoms, inclusive dialogue and participatory policy processes were crucial. This would ensure strengthened protection not only for journalists and advocates, but also women and other vulnerable groups.  In this regard, Nare called for legislation that encompasses both physical and digital forms of repression. 

Beyond the legal reforms, the panelists also emphasised the need for increased digital security training and stronger collaboration between local and international actors.

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.

21Oct

Civil Society Trained on Digital Rights Advocacy for Persons with Disabilities

Author CIPESA Posted on

By CIPESA Staff |

Despite the recent exponential growth and penetration of inclusive digital technologies in Africa, persons with disabilities have remained disproportionately hindered from enjoying the benefits that come with these technological advancements as they are often excluded from the design, implementation processes, and discussions about the said technologies. As a result, the technology has remained largely inaccessible due to the prohibitive associated costs and unusable because of low levels of digital literacy among persons with disabilities. Additionally, many technologies were not designed with input from persons with disabilities regarding their user needs.

While governments, both at the national and international levels, have made great strides in legislating against the discrimination of persons with disabilities, the vast majority of the laws remain unimplemented. For example, it has taken at least six years for the African Union’s Protocol to the African Charter on Human and Peoples’ Rights relating to the Rights of Persons with Disabilities in Africa to come into force after its 15th ratification by the Republic of Congo in May 2024. The other 14 member states that have ratified the Disability Protocol are Angola, Burundi, Cameroon, Kenya, Mali, Malawi, Mozambique, Namibia, Nigeria, Niger, Rwanda, South Africa, the Sahrawi Arab Democratic Republic, and Uganda.

At the national level, in most countries, there have been only superficial efforts to guarantee that the rights of persons with disabilities to access technology are respected both in the laws and in practice. Efforts to galvanise the demand for digital rights for persons with disabilities have remained few and far between, despite some noticeable increases in the number and capacity of disability rights actors to advocate for the digital rights of persons with disabilities. The growth in capacity has also been hampered by limited direct funding for Organisations of Persons with Disabilities (OPDs), thereby undermining their ability to develop and engage in strategic advocacy, including setting the disability rights agenda.

In addition, crucial interventions at the forefront of digital inclusion remain mostly disjointed, with different players operating in silos to promote the inclusion of women, persons with disabilities, and other vulnerable and marginalised groups. This undermines the cohesion and the impact these efforts would have if they were harmonised.

It was against this background that the Collaboration on International Policy for East and Southern Africa (CIPESA), in partnership with the Center for International Private Enterprise (CIPE), Thomson Reuters Foundation (TRF), and the African Center for Media Excellence (ACME) convened a one-day capacity-building workshop in Dakar, Senegal, for disability rights organisations and other digital rights advocates. The workshop equipped participants with the skills, knowledge, and tools necessary to advance digital rights for persons with disabilities.

The training was part of CIPESA’s ongoing work on digital inclusion particularly for persons with disabilities and was organised as a pre-event at the 11th edition of CIPESA’s annual Forum on Internet Freedom in Africa (FIFAfrica) that took place on September 24-27, 2024. The 21 workshop participants were drawn from Ethiopia, Ghana, the Ivory Coast, Kenya, Senegal, Uganda, and Zimbabwe and included lawyers, academics, journalists, OPDs, media, regulators, civil society organisations, and development partners – all with varying levels of experience working on disability rights.

Paul Kimumwe from CIPESA noted in his remarks that the biggest challenge to advancing digital rights for persons with disabilities has been the inability of advocates to understand and appreciate the intersectionality between disability, technology, and human rights. He added that there is a great focus on the business side especially the “bottom line” by technology developers rather than the needs of the user and how the technology which has become widely available, affects the ability of persons with disabilities to enjoy their fundamental human rights, including the right to education, health, and movement.

Lynnet Onyango from the TRF noted in her presentation that while many African countries have passed progressive laws and policies providing for the rights of access to digital technologies, many of these provisions remain unimplemented, affecting the ability of persons with disabilities to enjoy their fundamental human rights. According to Onyango, the failure to compel broadcasters to provide closed captions and sign language interpretation on their programming denies persons with disabilities access to news and information.

For many participants, the training offered an opportunity to learn and network with disability rights actors from across the continent and build synergies.

“It was interesting to learn that beyond the geographical differences in Africa, disability issues tend to be similar. However, with the influence of culture and technological advances, each country has to address disability challenges in a contextualised manner by localising and customising initiatives to reflect the lived experiences of persons with disabilities.” – Nicodemus Nyakundi, Digital Accessibility Program Officer, Kenya ICT Action Network (KICTANet).

For Dr. Abdul Busuulwa, a disability rights activist and Lecturer in the Department of Community and Disability Studies at Kyambogo University, Uganda, affordability and digital illiteracy remain a big challenge. Dr. Busuulwa noted that many accessible gadgets and assistive technologies are very expensive and the majority of persons with disabilities cannot afford them. In addition, while several open-source software applications provide some assistive technological support, this is not known to many people with disabilities.

In his presentation on engaging with media, Apolo Kakaire from ACME emphasised that, given the central role that the media (both mainstream and online) play in shaping public perceptions and information dissemination, it is crucial that disability rights organisations and activists develop strong and long-term working relationships with newsrooms and individual journalists, including building their capacity on disability rights coverage.

In her opening remarks, Morgan Frost, the Senior Manager of Global Programs at CIPE, highlighted the importance of multi-stakeholder efforts that empower persons with disabilities in the digital age. Frost also underscored that events such as the training workshop serve as a foundation for civil society, the local private sector, and media organisations working on digital inclusion efforts to share lessons learned and develop advocacy strategies that advance more accessible digital spaces.

10Oct

Why Technology Has Failed To Improve Africa’s Elections – Report

Author CIPESA Posted on

Update |

Technology was supposed to be a great equalizer in Africa’s democratic journey, but as the “State of Internet Freedom in Africa 2024” report reveals, technology has instead become a tool for authoritarian control.

As internet shutdowns, disinformation, and the digital divide grow, the hope for transparent elections continues to dim away, writes FRANK KISAKYE.

Technologies initially seen as tools to empower Africa’s youth and dismantle authoritarian regimes have, paradoxically, become instruments of digital repression. Rather than facilitating democratic transitions, politicians are exploiting these innovations for misinformation, censorship and disinformation.

Hopes were high as mobile phone usage and internet access rapidly expanded across the continent, reaching 43 per cent mobile penetration with 489 million unique subscribers and 25 per cent internet penetration with 287 million mobile internet users. These advances were expected to modernize electoral processes through biometric voter registration, digital verification methods, and faster result transmission.

However, the “State of Internet Freedom in Africa 2024” report by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) reveals a darker reality. Rather than promoting transparency, governments have turned to technology to undermine elections, suppress dissent and manipulate outcomes.

States have used technology to suppress elections
States have used technology to suppress elections

Launched in Dakar, Senegal, at the 2024 Forum on Internet Freedom in Africa (FIFAfrica) which was co-hosted by CIPESA and AfricTivistes, the report emphasizes how digital repression has become a key tool for authoritarian regimes.

Cheikh Fall, president of AfricTivistes, urged the continent to develop indigenous digital frameworks, saying, “Africa’s greatest challenge today is that it is experiencing the effects of all three industrial revolutions that shaped the world. We must create homegrown technologies and frameworks that address the continent’s unique needs and aspirations.”

INTERNET SHUTDOWNS

The report highlights countries such as Chad, Gabon, Uganda, and Zimbabwe, where internet disruptions and shutdowns have been used during elections and protests to stifle political opposition and control information. Since 2022, over 18 election-related internet disruptions have been recorded across Africa, a clear sign of growing digital authoritarianism. Rather than embracing transparency, these regimes are using technology to erode democratic governance.

Internet censorship, surveillance, and repressive laws are also key tactics used to weaken civic participation. Countries like Ethiopia, Mozambique, and Mali have engaged in targeted surveillance of political opponents and human rights defenders. The result is an environment where citizens fear participating in democratic processes, fearing reprisal and distrusting government institutions.

For example, Uganda has blocked Facebook since 2021 after President Yoweri Museveni accused the platform of siding with the opposition by deactivating accounts linked to his ruling National Resistance Movement (NRM). Facebook accused NRM of creating ‘fake accounts’ to manipulate the electoral process. This growing trend toward digital suppression makes it increasingly difficult for citizens to engage politically.

In 2023 alone, African governments imposed 283 internet shutdowns in 39 countries – a 41 per cent increase from 201 shutdowns in 2022. Ten of these shutdowns specifically targeted social media platforms like Facebook and X (formerly Twitter), which were once seen as tools for youth empowerment.

Instead, these platforms have become victims of repression, preventing young people from using them to effect political change. Despite 2024 being a pivotal year for African democracy, with over 20 countries heading to the polls, authoritarian regimes are doubling down on their use of technology to suppress opposition and manipulate electoral outcomes. This year could further erode trust in electoral transparency as governments increasingly seize control of internet governance.

Internet shutdowns have far-reaching consequences beyond politics. In conflict zones like Gaza, Myanmar, and Sudan, shutdowns disrupt essential services, including humanitarian aid. African countries are no exception. For instance, Algeria lost an estimated $70.4 million due to internet disruptions between 2019 and 2024.

Ugandan advocate Michael Aboneka warns that the continent may see even more internet shutdowns as regimes aim to control narratives during elections and protests. The economic and social costs are profound – undermining public trust in election outcomes and exacerbating political tensions.

Disinformation has also emerged as a key tactic to manipulate African elections. The CIPESA report highlights the increasing use of artificial intelligence (AI) to create fake content that misleads voters. Politicians are weaponizing AI to discredit electoral bodies and deepen political polarization.

In Uganda, for example, AI-generated disinformation has fueled the power struggles between prominent figures such as General Muhoozi Kainerugaba and President Museveni’s son-in-law, Odrek Rwabwogo. This not only confuses voters but also distorts the political landscape, making it difficult for citizens to make informed choices.

The proliferation of disinformation diminishes trust in democratic institutions, and AI’s ability to amplify these false narratives poses a growing challenge to fair elections.

While technology has transformed some aspects of African elections, the digital divide remains a significant barrier. High data costs, poor infrastructure, and limited digital literacy exclude large portions of the population, particularly rural communities, women, and people with disabilities.

Countries like Zimbabwe, South Sudan, and the Central African Republic have some of the most expensive mobile data prices globally, preventing many citizens from accessing crucial information and participating in online civic spaces. This deepens political inequalities and prevents marginalized groups from fully engaging in the democratic process.

This article was first published on the Observer website on October 09, 2024.

Read full report on the State of Internet Freedom in Africa (SIFA) 2024.

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