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  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Freedom of expression
02Sep

CIPESA and PALU Challenge Rwanda to Address Digital Rights Gaps in UPR Review

Author CIPESA Posted on

By Edrine Wanyama |

Rwanda’s digital rights record has been assessed by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Pan African Lawyers Union (PALU) in a joint submission to the United Nations Human Rights Council. The review contributes to the efforts of the Universal Periodic Review (UPR) mechanism to strengthen human and digital rights within the country. Notably, the review underscores the urgent need for reforms to safeguard freedom of expression, privacy, and digital inclusion in the face of evolving technologies and governance challenges.

The report highlights positive progress such as the enactment of the Data Protection and Privacy Law (Law No. 058/2021) which protects individuals’ data and establishes the Rwanda National Cyber Security Authority (NCSA) to oversee personal data management. The report also notes the establishment of the Irembo platform, which serves as a basis for enhancing access to public services.

Through the National Strategy for Transformation (NST2) for the period 2024 to 2029, the Rwanda government aims to attain 100% e-service access for Rwandans by 2030, including through enhancing digital skills and literacy under the Digital Ambassadors Programme. There have also been concerted efforts aimed to ensure the financial inclusion of women.

Nevertheless, fundamental freedoms, including free expression, access to information, assembly and association, remain severely restricted in the country. The report observes elevated and systematic threats and intimidation, harassment, arrests and detention and prosecution of government opponents and critics, human rights defenders (HRDs), journalists, and other online activists. This has had a chilling effect on the exercise of freedoms. Access to several websites has been blocked on government orders, while victims of government wrath are often slapped with lengthy prison sentences, which also serves as a tool to silence those who do not agree with the government.

Digital inclusion is also still a major challenge, especially for women, persons with disabilities and the rural populace. According to the report, digital inclusion continues to have adverse effects on the exercise of online rights and freedoms, although the country has a high broadband coverage (99%). Smart phone penetration remains low at 22% and the majority of citizens do not use the internet. The high taxes and high internet costs have further aggravated the inclusion gap.

In terms of its data protection landscape, the report acknowledges the positive step of enacting the Data Protection Act, but notes that the law is weak, lacks strong safeguards such as judicial oversight, and contains a substantively less effective redress mechanism.

Moreover, the report underscores that there is enhanced surveillance of individuals and their communications using sophisticated spyware and malware, such as NSO Group’s Pegasus spyware, and the extensive Closed Circuit Television (CCTV) networks. The surveillance has been deployed to target, threaten and intimidate journalists and other critics.

The report makes several recommendations to the committee to consider if the human rights record of Rwanda in online spaces is to be improved. These recommendations call on the government of Rwanda to:

  • Decriminalise defamation and review vague laws used to suppress freedom of expression and peaceful dissent.
  • Establish independent oversight over surveillance practices and introduce judicial safeguards to protect privacy.
  • Strengthen the implementation of the Access to Information law and ensure that public bodies proactively disclose information.
  • Enhance the capacity of the Rwanda National Cyber Security Authority to enforce data protection while ensuring its independence from executive interference.
  • Promote inclusive digital access, especially for women, persons with disabilities, and rural communities.
  • Cease censorship and arbitrary removal of online content, and establish transparent mechanisms for content moderation.
  • Establish a favourable and safe environment for operations of human rights defenders, journalists and other online activists as opposed to persecuting them by repealing or amending laws to provide for rights-respecting provisions.
  • Prohibit and penalise tech-facilitated gender-based violence especially against women and ensure their access to timely and effective redress.
  • Investigate all cases of enforced disappearance, ensuring punishment for any perpetrators and justice for survivors and their family members.
  • Make strong and repeated public statements at the highest government levels to make clear that all law enforcement authorities and investigation agencies should comply with the law, and that all detained people must be brought to court within 24 hours.
  • Embrace universal design and ensure its full integration into the IremboGov platform to cater for and ensure that persons with disabilities especially visual impairments have full access to all of its services.

  See full Report here.

23Jul

CIPESA Welcomes Namibia Ministry of ICT and the Namibia IGF as Co-Hosts of FIFAFrica25

Author CIPESA Posted on

By FIFAfrica |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is pleased to announce that the 2025 edition of the Forum on Internet Freedom in Africa (FIFAfrica25) will be co-hosted in partnership with the Namibian Ministry of Information and Communication Technology (MICT) and the Namibia Internet Governance Forum (NamIGF).

Set to take place in Windhoek, Namibia, from September 25–27, 2025, this year’s Forum will serve as yet another notch in FIFAfrica’s 12-year history of assembling digital rights defenders, policymakers, technologists, academics, regulators, journalists, and the donor community, who all have the shared vision of advancing internet freedom in Africa.

With its strong commitments to democratic governance, press freedom, and inclusive digital development, Namibia offers fertile ground for rich dialogues on the future of internet freedom in Africa. The country holds a powerful legacy in the global media and information landscape, being the birthplace of the 1991 Windhoek Declaration on promoting independent and pluralistic media. In a digital age where new challenges are emerging – from information integrity and Artificial Intelligence (AI) governance to connectivity gaps and platform accountability – hosting FIFAfrica in Namibia marks a key moment for the movement toward trusted information as a public good, including in the digital age.

“Through the Ministry of Information and Communication Technology, Namibia is proud to co-host FIFAfrica25 as a demonstration of our commitment to advancing technology for inclusive social and economic development. This Forum comes at a critical moment for Africa’s digital future, and we welcome the opportunity to engage with diverse voices from across the continent and beyond in shaping a rights-respecting, secure, and innovative digital landscape,” Minister of Information and Communication Technology (ICT), Emma Inamutila Theofelus

This sentiment is shared by the NamIGF Chairperson, Albertine Shipena. “We are honoured to co-host the FIFAfrica25 here in Namibia. This partnership with MICT and CIPESA marks a significant step in advancing digital rights, open governance, and meaningful multistakeholder engagement across the continent. As the NamIGF, we are proud to contribute to shaping a more inclusive and secure internet ecosystem, while spotlighting Namibia’s growing role in regional and global digital conversations.”

The NamIGF was established in September 2017, through a Cabinet decision, as a multistakeholder platform that facilitates public policy discussion on issues pertaining to the internet in Namibia.

Dr. Wairagala Wakabi, the CIPESA Executive Director, noted that FIFAfrica25 presents a timely opportunity to advance progressive digital policy agendas that uphold fundamental rights and promote digital democracy in Africa. “As global debates on internet governance, data sovereignty, and platform accountability intensify, it is essential that Africans inform and shape the frameworks that govern our digital spaces. We are honoured to partner with the Namibian government and NamIGF to convene this critical conversation on the continent,” he said.

Since its inception in 2014, FIFAfrica has grown to become the continent’s leading assembly of actors instrumental in shaping conversations and actions at the intersection of technology with democracy, society and the economy. It has become the stage for concerted efforts to advance digital rights and digital inclusion. These issues, and new emerging themes such as mental health, climate and the environment, and the content economy, will take centre stage at FIFAfrica25, which will feature a mix of plenaries, workshops, exhibitions, and a series of pre-events.

Meanwhile, FIFAfrica will also recognise the International Day for Universal Access to Information (IDUAI), celebrated annually on September 28. The commemoration serves to underscore the fundamental role of access to information in empowering individuals, supporting informed decision-making, fostering innovation, and advancing inclusive and sustainable development – tenets which resonate with the Forum. This year’s celebration is themed, “Ensuring Access to Environmental Information in the Digital Age”.

At the heart of the Forum is a Community of Allies that have, over the years, stood alongside CIPESA in its pursuit of effective and inclusive digital governance in Africa.

Feedback on Session Proposals and Travel Support Applications

All successful session proposals and travel support applicants have been contacted directly. See the list of successful sessions here. Thank you for your patience and for contributing to what promises to be an exciting FIFAfrica25.  

Prepare for FIFAfrica25: Travel and Logistics

Everything you need to plan your attendance at the Forum can be found here – visit this page for key logistical details and tips to help you make the most of your experience!

Registration For FIFAfrica25 Now Open!
07Jul

Registration For FIFAfrica25 Now Open!

Author Brian Posted on

By FIFAfrica |

We are excited to announce that registration for the 2025 Forum on Internet Freedom in Africa (FIFAfrica25) is officially OPEN!

Taking place in Windhoek, Namibia, FIFAfrica25 comes at a pivotal time for Africa’s digital future. As governments, civil society, technologists, and the broader digital society and ecosystem grapple with the evolving dynamics of Artificial Intelligence, platform regulation, surveillance, and internet shutdowns as well as funding for digital rights and governance efforts, this year’s Forum offers a much-needed space for bold conversations, collaborative thinking, and collective action.

Building on the momentum from CIPESA’s and partners’ recent engagements at the regional and global Internet Governance Forums (IGF), contributions to the World Summit on the Information Society (WSIS) +20 Summit, and preparations for the upcoming G20 Summit, the Forum will serve as a key bridge between global digital policy conversations with lived realities, governance priorities, and contexts within the African continent. As digital technologies shape Africa’s political, economic, and social landscape, safeguarding digital rights is essential to building inclusive, participatory, and democratic societies. 

Key themes at FIFAfrica25 will include:

  • AI, Digital Governance, and Human Rights
  • Disinformation and Platform Accountability
  • Internet Shutdowns
  • Digital Inclusion
  • Digital Trade in Africa
  • Digital Public Infrastructure (DPI)
  • Digital Safety and Resilience

Since 2014, FIFAfrica has created a leading pan-African space for shaping digital rights, inclusion, and governance conversations. Whether you’re a returning member of the FIFAfrica family or joining us for the first time, we invite you to register now and be part of shaping the digital rights agenda on the continent. 

Feedback on Session Proposals and Travel Support Applications

We received an incredible response for the call for session proposals and travel support. While we had anticipated providing feedback on July 4, 2025, we will now be able to provide feedback by July 14, 2025. Thank you for your patience and for contributing to what promises to be an exciting FIFAfrica25.   

Prepare for FIFAfrica25: Travel and Logistics

Everything you need to plan your attendance at the Forum is right here – visit this page for key logistical details and tips to help you make the most of your experience!

04Jun

Joint Statement by the ICT Sector on the Unlawful Arrest and Prosecution of Rose Njeri

Author CIPESA Posted on

Joint Statement |

We, the undersigned stakeholders in Kenya’s Information and Communications Technology (ICT) sector, stand together in firm condemnation of the unlawful arrest, detention, and prosecution of software developer and civic activist Rose Njeri (@rtunguru)

Rose Njeri, a software developer and mother of two, was detained on Friday, May 30, 2025, following a police raid on her home in Nairobi, where authorities seized her electronic devices, including her phone, laptop, and hard drives. As of this morning, she remained detained, her whereabouts were unknown, and she had not been presented to any court, despite multiple attempts by her legal counsel to establish the charges against her or secure her release. Reports indicate that Ms. Njeri suffers from anaemia and was denied proper access to healthcare during her detention. In addition, her arrest and detention over a long public holiday weekend appear to have been deliberately calculated to extend her detention without judicial oversight.

It is alleged that Ms. Njeri’s arrest stems from her development of an online civic platform (civic-email.vercel.app) which seeks to provide a coordinated solution for Kenyan citizens to formally present views to the National Assembly in response to the ongoing public participation discussions on the Finance Bill, 2025. In particular, the platform enables them to simply register their objections to clause 52 of the Bill which proposes the deletion of Section 59A (1B) of the Tax Procedures Act, which currently prohibits the Commissioner of the Kenya Revenue Authority from requiring a person to integrate or share data relating to “(a) trade secrets; and (b) private or personal data held on behalf of customers or collected in the course of business.”

On Tuesday afternoon, Ms. Njeri was presented before the court, more than 88 hours after her arrest, despite the legal requirement under Article 49 of the Constitution that she be brought to court within 24 hours.  Worse, she has been charged under Section 16 of the Computer Misuse and Cybercrimes Act, 2018 with “unauthorised interference with a computer system,” an offence which carries a maximum penalty of a fine of up to ten million shillings, imprisonment of up to five years, or both. These could double if aggravating circumstances are cited. Ms. Njeri has since been released on personal bond of KES 100,000 and will be expected back in court on 20 June 2025 for a ruling on the validity of the charges.

We view this charge as baseless, trumped-up, and irrelevant to the alleged offence, as it misrepresents a legitimate act of civic engagement as a cybercrime. In our considered view, embracing digital technologies and the creation of a platform to facilitate public participation on the Finance Bill 2025 is a protected exercise of the rights to freedom of expression, access to information, and public participation under Articles 10, 33, 35, and 118 of the Constitution of Kenya, 2010. Section 16 is intended to address serious cybercrimes such as hacking, sabotage, or malicious disruption of computer systems by individuals who act without authorisation or consent from the system owner. Therefore, to charge Ms. Njeri under Section 16 is a gross misapplication of the law, an abuse of court process, and a disproportionate act which fails to demonstrate any credible offence, interference, or threat to public safety or national security as claimed.

Ms. Njeri’s prosecution comes in the wake of a recent public apology by the President to the public. It is also not an isolated incident but one that is emblematic of a dangerous pattern in Kenya, where authorities have repeatedly weaponised various ICT laws to intimidate and silence government critics, activists, bloggers, journalists, technologists and citizens. They are measures designed to stifle digital rights, activism, and the civic space, rather than to curb real-world cybercrimes. As of December 2024, the Communications Authority of Kenya (CA) detected at least 840,921,998 cyber threats, an increase of 27.2% reported in the previous quarter, yet these are barely investigated or the responsible cyber criminals prosecuted.

Kenya has long been recognised as a beacon of digital growth and innovation in Africa, a reputation built on its vibrant technology landscape and a constitutional framework that safeguards fundamental human rights. A thriving, innovative, and competitive ICT sector is inextricably linked to a free, open, and secure digital space. A climate of fear, pervasive surveillance, and arbitrary arrests and detentions severely undermines Kenya’s hard-earned reputation as a regional technology hub. The sector cannot flourish where fundamental rights are routinely undermined or where the rule of law is selectively applied. The predictability and stability afforded by robust digital rights protections are crucial for attracting local and foreign investment, fostering innovation, and ensuring Kenya’s continued leadership in the digital economy.

As ICT sector stakeholders, we reaffirm our commitment to an open, inclusive, and secure digital ecosystem in Kenya. We stand in solidarity with Rose Njeri and all individuals unjustly targeted for exercising their digital rights. The misuse of the CMCA to criminalise a public interest technology platform for civic participation is a direct attack on democratic values and innovation. We pledge to advocate for policies that protect human rights while promoting digital civic engagement.

We also urge the Kenyan public, international community, and fellow ICT stakeholders to join us in condemning these violations and to demand greater accountability.

Also, we call on the Kenyan government, law enforcement, and relevant authorities to:

Immediately drop the charges against Rose Njeri unconditionally, and return all her confiscated electronic devices without delay. Ensure that ICT laws are not misused or weaponised to suppress legitimate exercise of rights and cease practices such as arbitrary arrests, detentions without charge, and the confiscation of devices. Officers engaging in such unlawful practices should be held accountable for their actions. Reform the Computer Misuse and Cybercrimes Act and the Kenya Information and Communications Act (KICA), and abandon proposed Bills that violate digital rights or stifle legitimate online activities. Engage with stakeholders in the ICT sector, including academia, media, civil society, and the tech community, to develop laws that promote cybersecurity while safeguarding fundamental human rights. Demonstrate a clear and unwavering commitment to fostering an open, secure, and rights-respecting digital ecosystem, including refraining from arbitrary internet shutdowns, content blocking, and unlawful surveillance.

Lastly, we reaffirm our commitment to defending digital rights and civic space in Kenya. The use of public digital tools to facilitate citizen engagement with Parliament is not a crime; it is a cornerstone of our democracy.

Signatories

Access Now

Africa Centre for People Institutions and Society (ACEPIS)

ARTICLE 19 Eastern Africa

Baraza Media Lab

Bloggers Association of Kenya (BAKE)

CIPESA

CyberYetu

Data Privacy and Governance Society of Kenya (DPGSK)

Founders Connect Kenya

IAWRT Kenya

Icon Data and Learning Labs

Interactive Entertainment Association

Internet Society, Kenya Chapter

Internews – KenSafeSpace

Kenya Coalition on Youth Peace and Security

KICTANet

Kijiji Yeetu

Media Lawyers Association of Kenya (MLAK)

Mzalendo Trust

Paradigm Initiative

Pollicy Data Institute

Tatua Digital Resilience Centre

Women in STEM Leaders Network

Women in Tech Policy and Governance

zKe Voices

03Jun

Will the ECOWAS Judgment on Senegal Redefine Digital Rights in Francophone Africa?

Author CIPESA Posted on

By Simone Toussi |

On May 14, 2025, the Economic Community of West African States (ECOWAS) Court of Justice issued a landmark  judgment in the case ‘Association of Information and Communication Technology Users (ASUTIC) and Ndiaga Gueye against Republic of Senegal’, declaring that Senegal’s internet and social media shutdowns in June and July 2023 were clear violations of  fundamental human rights, including freedom of expression, right to access information, right to assembly and the right to work.

The court’s unequivocal stance reaffirms that digital access is integral to the exercise of basic freedoms. Building on the landmark 2020 ECOWAS ruling – which condemned internet shutdowns during anti-government protests and ordered Togo to pay a fine – this new decision could have far-reaching implications for Francophone Africa, where digital repression has been steadily increasing.

Internet shutdowns, often invoked as a security measure during times of public protest and unrest, do not occur in isolation. In the case of Senegal, the network disruptions of 2023 were repeated in early February 2024, when mobile data was blocked nationwide following the postponement of the presidential election.  This marked the country’s third disruption in less than 12 months, underscoring a pattern of digital repression.

Since 2017, when Cameroon imposed one of the longest internet shutdowns on record during political unrest, Francophone African countries have often  resorted to digital blackouts to manage electoral tensions and suppress dissent. This pattern has shown no signs of abating. In 2023 alone, Mauritania cut mobile internet for nearly a week during protests in May and June; Guinea blocked access to Facebook, WhatsApp, Instagram, and TikTok in May ahead of nationwide demonstrations; and Gabon enforced an 87-hour internet shutdown during its August presidential elections, crippling communication at the height of an electoral crisis.

The trend persisted into 2024 which  on January 17 saw Comoros disrupting internet access following violent protests after President Azali Assoumani’s re-election. Mauritania once again restricted mobile internet for 22 days starting July 2 after the June 29 presidential elections and subsequent protests disputing the results. Mozambique followed suit with mobile internet disruptions on October 25, with intermittent blackouts and renewed social media restrictions thereafter.

These successive shutdowns, particularly in electoral contexts, reflect a deepening erosion of digital rights, a weakening of democratic institutions, and underscore the urgent need for stronger regional and legal safeguards to prevent state overreach and protect democratic expression online. With key elections approaching in countries such as Côte d’Ivoire (October 2025), Cameroon (October 2025), and Guinea (December 2025), the risk of politically motivated internet shutdowns remains acute. The weaponisation of connectivity restrictions could show up again as a normalised tool of authoritarian control, undermining transparency and civic participation across the region. The Court’s directive that Senegal should “refrain from imposing unlawful or arbitrary internet restrictions in the future” sets a binding legal standard for the ECOWAS countries, arming digital rights defenders with legal background and legitimacy to ask for government’s accountability in a context where regional enforcement mechanisms are often weak.

Internet shutdowns have been shown to cost countries millions in lost productivity, investor confidence, and digital service disruption. The ECOWAS Court’s acknowledgment of this economic dimension strengthens the case for proactive policy reforms at both national and regional levels. By explicitly linking internet access to freedom of expression and “the right to work”, the ECOWAS Court positions digital rights within the broader framework of socio-economic and civic rights, thus offering legitimacy to civil society and legal advocates’ appeals on future shutdowns not only on civil liberties grounds, but also for their economic impact.

As internet access becomes more central to democratic participation, economic livelihoods, and civil discourse, this decision marks a watershed moment that could significantly shift the digital governance landscape across the region.

However, the impact of this decision will depend on its effective implementation. Governments, civil society, digital rights defenders, legal actors and regional institutions shall ensure that the Court’s recommendations translate into enforceable policy changes, including national legislation that explicitly prohibits arbitrary internet restrictions. They shall be ready to leverage this ruling to ensure that Francophone countries in the region and beyond adopt or draw inspiration from it to better safeguard human rights.

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