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11Nov

Civil Society Statement on Kenya’s Telegram Shutdown

Author CIPESA Posted on

Statement |

As civil society organizations and stakeholders in the Information, Communication and Technology (ICT) sector committed to Digital Rights and Internet Freedom, we are deeply concerned about the Kenyan government’s recent decision to block access to the Telegram social media platform. 

According to an unverified letter circulating online from the Communications Authority of Kenya (CA) to service providers (Safaricom, Airtel, Telkom Kenya and Jamii Telecommunications) on 31 October 2024, the operators were required to “use all available mechanisms to suspend the operation of Telegram Inc in the country”.  The suspension was ordered to prevent cheating during the national examinations period on weekdays until 22nd November 2024.  Moreover, the ongoing internet disruption has been confirmed by web connectivity tests from OONI and Netblocks, as well as independent tests by Tatua. 

Internet disruptions like these undermine fundamental human rights and freedoms outlined in the International Bill of Rights to which the Kenyan government is a party and the Kenyan Constitution. Likewise, they disrupt economic activity and weaken democratic values by limiting the rights to Access to Information and Freedom of Expression, Assembly and Association.

This action also goes against the principles outlined in the Global Digital Compact (GDC), which emphasizes the importance of a universal, open, and secure internet. The GDC, part of the commitments that governments endorsed in the Pact of the Future, discourages internet shutdowns, noting their harmful impact on human rights, democracy, and economic growth, and calls for transparent and accountable solutions to address issues in the digital space. At a time when global standards are pushing for universal, secure, and open internet access, national policies must align with these principles rather than undermine them.

Kenya’s commitment to internet freedom appears to be on a worrying downward trend. We note with concern that there was an internet disruption on 25 June, less than 6 months ago, during the protests against the Finance Bill, 2024. A similar blocking of the Telegram App was implemented in November 2023. Such repeated actions not only curtail rights but also erode public trust in digital governance.

While we recognize the importance of maintaining exam integrity, we urge the Kenyan government to explore alternative, lawful and rights-respecting measures to tackle this issue. Instead of blocking the application or disrupting the internet, authorities are encouraged to pursue criminals who breach confidential examination documents and seal loopholes in examination processes. Such alternative actions to tackle this issue can be explored through multi-stakeholder consultations ensuring that they are human rights-respecting. Disrupting the internet or blocking social media access as in this case goes against the three-part test under international human rights law of legality, legitimacy, necessity and proportionality. A stable, secure and accessible internet should remain a priority, especially given its critical role in supporting the digital economy, education, livelihoods, and civic engagement.

We call on Kenyan authorities and the CA in particular, to immediately retract the letter to service providers, and for service providers to restore access to Telegram and commit to upholding digital rights and internet freedom. We also urge policymakers to consult civil society and other key stakeholders to develop sustainable, rights-based strategies to address digital governance challenges without resorting to internet disruptions. 

Endorsed on November 9, 2024 by:

Afia-Amani Grands-Lacs

African Internet Rights Alliance (AIRA)

Africa Media and Information Technology Initiative (AfriMITI)

Afrika Youth Movement

Article 19 East Africa

Bloggers Association of Kenya (BAKE)

Brain Builders Youth Development Initiative

Centre for Artificial Intelligence Ethics and Governance in Africa (CAIEGA)

Centre for Information Technology and Development (CITAD)

Center for the Study of Organized Hate (CSOH)

Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

Collaborative for Peace

Consortium of Ethiopian Human Rights Organizations (CEHRO-Ethiopia)

FactCheck Africa

Gonline Africa

Human Rights Journalists Network Nigeria

Impact Foundation For Youths Development

Internet Without Borders

Internet Society Kenya Chapter

KICTANet

Kijiji Yeetu

Media Rights Agenda (MRA)

Paradigm Initiative (PIN)

Roots Africa Inc.

Tech & Media Convergency (TMC)

The Internet Governance Tanzania Working Group (IGTWG)

Tribeless Youth (TY)

VANGUARD PRESS BOARD UDUS

Women of Uganda Network (WOUGNET)

West African Digital Rights Defenders Coalition

The SaferNet Initiative

This article was first published by KICTANET on November 09, 2024.

11Nov

Fostering Responsible Business Conduct in Uganda’s Digital Age

Author CIPESA Posted on

By Patricia Ainembabazi |

The sixth edition of the Business and Human Rights Symposium in Uganda marked an essential step in Uganda’s journey to foster responsible and rights-respecting business conduct. Hosted on November 4-5, 2024, the symposium brought together over 200 participants from government, the private sector, academia, and civil society. It offered a platform to reflect on Uganda’s advancements in implementing its National Action Plan on Business and Human Rights and to consider newer frameworks such as the Corporate Sustainability Due Diligence Directive (CSDDD).

As part of the two-day proceedings, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) hosted a panel discussion on the interplay between digital innovation and the protection of human rights, highlighting both successes and challenges in Uganda’s tech ecosystem. The panel discussed the United Nations (UN) Guiding Principles on Business and Human Rights and how they align with the technology sector.

Source: Business for Social Responsibility  

Highlighting Uganda’s growing technology sector, including increased mobile and internet penetration as well as digitalisation of private and public services, the session also spotlighted pressing concerns, such as internet disruptions, labour rights violations, gender discrimination, and data protection and privacy, which continue to challenge human rights protections in the country’s growing digital economy.

Joel Basoga, Head of Technology Practice at H&G Advocates, stated that ​​it was “essential” for businesses in Uganda to embed respect for human rights as a core performance indicator guided by the UN Guiding Principles on Business and Human Rights. He added that for a tech-driven business landscape, legal frameworks surrounding digital rights need to be prioritised.

According to Patricia Ainembabazi, a Project Officer at CIPESA, there was limited understanding of business and human rights in the technology sector. Platforms such as the symposium were crucial in building a thematic understanding of digital rights. 

In 2021, Uganda became the first African country to finalise a National Action Plan on Business and Human Rights (NAPBHR), based on the United Nations Guiding Principles on Business and Human Rights. The plan strengthens the government’s duty to protect human rights, enhances the corporate responsibility to respect human rights, and ensures access to remedies for victims of human rights violations and abuses resulting from non-compliance by business entities.

In October 2024, CIPESA joined the first meeting of the Multi-Sectoral Technical Committee on Business and Human Rights, which supports the Uganda labour ministry’s role of coordinating the National Action Plan and provides technical guidance on all business and human rights interventions. At that meeting, CIPESA made the case for mainstreaming digital rights in the implementation of the action plan and also urged stakeholders to leverage innovative technologies to improve the outcomes of the action plan.

Similar to other countries in Africa, Uganda’s plan does not provide for digital rights protection, yet digital technologies have become central not only to how many businesses operate, but also to how individuals learn, work, socialise, and participate in community affairs. This increased digitalisation has had an impact on the ability of businesses to respect their human rights obligations.

Objectives of Uganda’s National Action Plan on Business and Human Rights
1. To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses;  
2. To promote human rights compliance and accountability by business actors;  
3. To promote social inclusion and rights of the vulnerable and marginalised individuals and groups in business operations;  
4. To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations; and  
5. To enhance access to remedy to victims of business-related human rights abuses and violations in business operations.

Speakers urged for increased cross-sector collaboration among stakeholders to align national frameworks more closely with the UN Guiding Principles. Opportunities for intervention include a push for robust data protection and privacy protections by the private sector; affordability of the internet and related technologies to ensure access to digital spaces; and raising awareness on digital rights roles and responsibilities for consumers and business owners. The symposium called upon stakeholders such as telecommunication companies, Internet Service Providers (ISP), financial institutions, innovators, and online platform operators to harmonise business goals with digital rights principles.

As part of the implementation of the NAPBHR, CIPESA is part of the newly launched Advancing Respect for Human Rights by Businesses in Uganda project led by Enabel and Uganda’s Ministry of Gender Labour and Social Development. The project is part of the European Union’s support towards the implementation of Uganda’s National Action Plan on Business and Human Rights and focuses on three thematic areas: labour rights in the agricultural sector, natural resource governance and land, and digital rights and internet governance. The project will work with six civil society organisations to drive advocacy, dialogue, and actions that strengthen Uganda’s Business and Human Rights agenda. Additionally, 50 businesses will receive support to implement human rights due diligence aligned with national and international standards.

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.

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