Good News, Bad News: A Story of Internet Shutdowns in Togo And Ethiopia

By Juliet Nanfuka |

The pushback against internet shutdowns in Africa received a boost last month when the Economic Community of West African States (ECOWAS) Community Court of Justice ruled that the 2017 internet shutdown in Togo was illegal. This followed another win just over a year ago when, in January 2019, the Zimbabwe High Court ruled that the state-initiated internet shutdown that same month was illegal.

However, barely a week after the ECOWAS ruling, Ethiopia  initiated a nationwide shutdown, thus serving a reminder of the persistent threat of internet shutdowns on the continent. Ethiopia has a history of repeated network disruptions, including during national high school exams, but mostly as a means to stifle public protests. Prior to the latest disruption, last year a 10-day nationwide disruption was initiated following the assassination of six top government officials.

The latest disruption comes on the heels of protests triggered by the murder of Hachalu Hundessa, a popular musician and democracy activist. Between January and March 2020, millions of Ethiopians in the western Oromia region were similarly disconnected from the internet and were in the midst of a government-imposed shutdown of internet and phone services and thus could not readily access information, including Covid-19 news.

Ethiopia’s shutdown also bears some traits with the Togolese shutdown of 2017, which was initiated following the announcement of planned anti-government protests by members of the opposition and resulted in internet access being disrupted during September 5–11, 2017. In 2019, the digital rights advocacy group Access Now led a coalition of eight organisations, including CIPESA, in filing an amici curiae (friends of the court)  brief in a lawsuit filed by Amnesty International Togo and other applicants.

The ruling by the ECOWAS court acknowledges that the internet shutdown, in addition to being illegal, was also an affront on the right of freedom to expression, echoing a 2016 resolution by the United Nations on the promotion, protection and enjoyment of human rights on the internet. Further, Access Now reports that the court ordered the government of Togo to pay two million CAF (USD 3,459) to the plaintiffs as compensation, and to take all the necessary measures to guarantee the implementation of safeguards with respect to the right to freedom of expression of the Togolese people.

In both Ethiopia and Togo, old habits die hard. Last February, when Togolese citizens went to vote, authorities disrupted access to messaging services (WhatsApp, Facebook Messenger, and Telegram) on election day after the polls had closed. The disruption was imposed despite the call by local and international rights groups urging the government to ensure an open, secure, and accessible internet throughout the election period.

A statement issued by the #KeepItOn coalition in the wake of latest disruption noted that the Ethiopian government has a responsibility to protect freedom of expression and access to information rights of all persons in the country, as enshrined in its national constitution, as well as regional and international frameworks including the Universal Declaration of Human Rights, International Convention on Civil and Political Rights (ICCPR) and African Charter on Human and Peoples Rights, to which Ethiopia is a signatory. It added: “The government should be working to make sure Ethiopians connect to the internet, not the contrary.”

Almost two weeks after the disruption was initiated, reports started emerging that internet was partly restored. Digital rights advocates have noted that disruptions undermine the economic benefits of the internet, disrupt access to essential services such as health care, and often fail to meet the established test for restrictions on freedom of expression and the right of peaceful assembly under the ICCPR.

The network disruption does not help Ethiopia’s reputation which is battling to shake off its autocratic history.  The Horn of Africa country, which was due to hold parliamentary elections this August, has since postponed these plans but continues wading through political and economic reforms, some of which impact on internet access and digital rights.

A study of network disruptions in Sub-Saharan Africa showed that the less democratic a government is, the more likely it is to order an internet disruption. Both Ethiopia and Togo are characterised as authoritarian on the Economist Democracy Index.

The decision by the ECOWAS court marks a notch in the push back against internet shutdowns in Sub-Saharan Africa. Other cases against shutdowns have been lodged in various courts, including in Uganda and Cameroon, and serve as reference points for the necessity of strategic litigation in fighting network disruptions. However, judging from the experience of countries like Ethiopia, which have repeatedly disrupted networks, the strategic litigation needs to be complimented by several other efforts in fighting the scourge of shutdowns in the region and to become a thing of the past.

Image by Tumisu from Pixabay 

CIPESA Joins Call Urging Burundi Gov't To #KeepItOn During Elections

Joint Letter |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has joined 30 international human  rights advocacy groups of the #KeepItOn coalition in urging authorities in Burundi to ensure that the May 20, 2020 elections will be void of any network disruption of digital communications  and to enable voters to freely elect their leaders.

The state of internet freedom in Burundi has been precarious due to the continued tightened  control over independent media and critical online publishers by the government. See the 2019 report on the State of Internet Freedom in Burundi

The coalition has submitted a joint letter to the government of Burundi to ensure open, secure and stable access to the internet and social media platforms throughout the country’s presidential elections. The signatories appealed to the authorities in Burundi to consider the following recommendations to guarantee citizens’ active participation in the elections:

  • Ensure that the internet, including social media and other digital communication platforms, remains accessible throughout the elections
  • Ensure that the Agence de Régulation et de Contrôle des Télécommunications (ARCT) and the Conseil National de la Communication take all the necessary regulatory measures to ensure internet service providers  (ISPs) inform people of any form of disruption or interference in the provision of internet access
  • Order the unblocking of all websites of independent media outlets that are currently inaccessible in the country

. Read the joint letter.

Togo: #KeepItOn During The Elections

Joint Call |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has joined a call on the Government of Togo to keep digital communications accessible during its upcoming elections.

The country goes to the polls on February 22, 2020, marking the first presidential election since the amendment to the Constitution on term limits. The amendment capped the presidential mandate to two five-year terms. However, it would not apply retrospectively meaning that President Faure Gnassingbe, who succeeded his late father in 2005, can stand for the upcoming election, and again in 2025.  In 2017, internet access was disrupted during protests against the family’s 50-year rule of the country.

Access Now, the #KeepItOn campaign lead states that Togo should follow the footsteps of its neighbors GhanaNigeria, and Senegal who have shown that an open, secure, and accessible internet can foster civic participation during the electioneering processes and beyond, safeguard election results, and promote democracy.

See the full joint call here: English and French.

Overview of Cameroon’s Digital Landscape

By Simone Toussi |

The Information and Communications Technology (ICT) sector in Cameroon has evolved considerably since 2010, despite the persistence of the digital divide and affronts to freedom of expression online. The country’s digital landscape was  boosted by the launch in May 2016 of the National ICT Strategic Plan 2020, which recognised the digital economy as a driver for development. The country has registered increased investments in  telecommunication and ICT infrastructure, including extension of the national optical fibre backbone to about 12,000 km, connecting 209 of the country’s 360 sub-divisions, and neighbouring countries such as Chad, Gabon, Equatorial Guinea, the Central African Republic and Nigeria. 

By 2018, the Ministry of Posts and Telecommunications reported that mobile phone  subscribers stood at 18.8 million representing a penetration rate of 83%, while internet penetration was 35%. There are four big telecommunications service providers in Cameroon – MTN, Orange, Viettel and the state-owned CAMTEL. With 48% of the mobile market share or 8.7 million subscribers, MTN is the leading service provider, according to its report for the first quarter of 2019. 

Over the years, Cameroon has scored some improvements in ICT development and affordability. For instance, on the ICT Development Index (IDI) of  the International Telecommunications Union (ITU), its value improved from 1.54 in 2010 to 2.38 in 2017 – against the highest global value of 8.98 for Iceland, and between the highest African value of 5.88 for Mauritius and the lowest 0.96 for Eritrea. Cameroon thus ranked at 149  out of the 176 countries assessed, with more than twenty African countries ranked above it. On affordability of the internet, Cameroon’s ranking has also slightly improved – currently ranked 50, up from 53 in 2015, out of 60 countries. This still makes internet access in Cameroon among the most expensive of the countries surveyed.

Meanwhile, internet shutdowns, arrests and intimidation of online critics, and censorship of online content  raise concerns about the government’s commitment to nurturing a sustainable and inclusive digital society.

ICT Legal and Regulatory Frameworks

The Cameroonian Constitution provides for freedom of expression, freedom of the press and of communication. It states: “the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law”. 

Relevant agencies governing the sector include the Telecommunication Regulatory Agency (ART), and the National Telecommunications Agency (ANTIC) – both under the mandate of the Ministry of Posts and Telecommunications (MINPOSTEL). Other entities such as the Ministry of Communication and the National Council of Communication also has regulatory and advisory roles with regards to media. 

These agencies are guided by key laws that govern ICT including  Law n° 98/014 of July 14, 1998 governing telecommunications and its amendment of December 29, 2005;  Law n° 2010/013 of  December 21, 2010 on e-Communications, and its amendment of April 2015;  Law n° 2010/012 of  December 21, 2010 on Cyber Security and Cybercrime; and Law n° 2010/021 of December 21 2010 governing e-Commerce. Other legalisation related to ICT are the Framework Law n° 2011/012 of May 6, 2011 on Consumer Protection,  Law n° 2001 / 0130 of July 23, 2001 establishing the minimum service in telecommunications, and Law n° 98/013 of July 14, 1998 on competition which governs all sectors of the national economy.

The 2014 Law on the Suppression of Terrorist Acts, which was enacted to support the fight against terrorism and growing threats from the jihadist group Boko Haram, has been used as a tool to suppress journalism and opinion critical of the government under the guise of preventing the spread of fake news and threatening national security. In January 2018, the Minister of Justice issued a directive to magistrates to “commit, after clear identification by the security services, to legally prosecute any person residing in Cameroon who uses social media to spread fake news”. 

A new law is the  2019 Finance Act, which under Section 8, introduces taxation on software and application downloads produced outside of Cameroon, at a flat rate of 200 Central African Francs (CFA), equivalent to USD 0.34, per download. Whereas the government is yet to issue implementation guidelines for the taxes, once in effect, they  will result in additional costs for digital platform users.

Access and Affordability 

Article 4 of the 2010 eCommunications law states that every citizen “has the right to benefit from electronic communications services”. The same law establishes a Universal Service Access Fund, aimed at ensuring equal, quality and affordable access to services (Articles 27-29). Whereas internet and mobile telephony have registered growth, access and affordability remain a challenge, especially among rural and poor communities. Currently, the average cost of 1GB of data is 2,000 CFA (USD 3.4) per month, and with the proposed levy of 200 CFAs (USD 0.34) on software and application downloads, costs are expected to further increase. With an estimated per capita income of USD 1,500 in 2018, the prevailing rates are over and above the Alliance for Affordable Internet’s recommendation of 1GB of data costing 2% or less of average monthly income.  

Gender Digital Divide

A 2015 report by the Web Foundation found that in Cameroon only 36% of women compared to 45% of men were internet users. The key factors inhibiting women’s access to the internet and digital devices in Cameroon included literacy levels, cost relative to income, access to devices, perceived relevance and usefulness, lack of time and poor infrastructure. Towards addressing the digital gender divide, the National ICT Strategic Plan 2020 states among its objectives the need to “support the development of female skills in the field of digital engineering“, and to “support technological and scientific vocations for women“. However, these objectives are not linked to any specific projects within the plan’s priority action areas. 

Meanwhile, without much in the way of provisions for gender, cultural and linguistic diversity, the country’s ICT laws remain largely silent on diversity and inclusion within the ICT sector. Further, seven years since its passing, the Framework Law on Consumer Protection, which includes provisions on consumer rights and quality of services within the technology sector, remains largely unenforced due to the absence of  implementation guidelines.

Privacy and Data Protection

Cameroon has no data protection or privacy law. However, the national Constitution amended by the Law N°. 96-06 of 18 January 1996, guarantees privacy of communications in its preamble, stating that “the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial Power”. The 2010 Cybersecurity and Cybercrime law also provides for the privacy of communications under Article 41 and outlaws the interception of communications under Article 44. The obligation for service providers to guarantee users’ privacy and the confidentiality of information is covered under Articles 42 and 26.  

According to Article 26(1); “Information system operators shall take all technical and administrative measures to ensure the security of the services offered. To this end, they should be equipped with standardised systems that enable them to identify, evaluate, process and continuously manage the risks related to the security of information systems in the context of services offered directly or indirectly”. However, the law does not specify the guiding principles for the collection and processing of personal data, nor users’ right to access and update such data. 

Network Disruptions

The government of Cameroon has in the past initiated two internet shutdowns in the Anglophone region of the country, which together lasted 240 days and drew international condemnation. The shutdowns were imposed in the wake of ongoing strikes, fatal violence and protest action against the alleged “francophonisation” and marginalisation of English speakers who claim that “the central government privileges the majority French-speaking population and eight other regions.” It is estimated that the regional internet shutdown cost USD 38.8 million in addition to affecting access to public services, education, and daily livelihoods. 

Guaranteeing an Inclusive Digital Space in Cameroon

Cameroon’s government has professed its intention to leverage the digital economy for sustainable development and to establish  an enabling legal and regulatory framework. However, developments such as taxation of application downloads, internet disruptions, and limited efforts to bridge the digital gender divide, indicate a shrinking digital space and are likely obstacles to the uptake of ICT. Efforts are thus necessary to ensure a digital environment that is both open and accessible to all, upholds users’ safety and security, and guarantees constitutional rights. These efforts should include a strengthened legal framework with implementation guidelines to ensure enforcement, compliance monitoring, and accountability. 

Moreover, the adoption of a specific law on privacy and data protection is recommended, so as to guarantee the principles of anonymity and consent, and in line with international best practice. For civil society organisations, it is recommended to intensify advocacy against regressive policy and practice including internet disruptions,  and the enforcement of consumer protection and universal services. Crucially, civil society should play an active role in policy consultative processes and citizen sensitisation on digital rights and literacy.