The impact of internet shutdown on freedom of expression in Ethiopia
Posted: 16 October, 2024 Filed under: Fenot Mekonen Hailu | Tags: Access to Information, Access to the internet, censorship, civil unrest, conflict, democracy, electronic communications, essential information, Ethiopia, Federal Democratic Republic of Ethiopia's Constitution, flow of information, freedom of expression, fundamental freedoms, human rights, information blackout, international law, internet restrictions, internet shutdown, right to freedom of expression, UN human rights instruments 2 Comments
Author: Fenot Mekonen Hailu
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Access to the internet is essential for many aspects of daily life. Even though it is not explicitly classified as a human right, it is considered an enabler for the enjoyment of human rights.[1] One of the threats to internet access nowadays is internet shutdowns. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, rendering them partially or fully inaccessible.[2] These shutdowns often target specific populations or regions to control the flow of information, though they can sometimes impact entire countries.[3] Despite the internet’s crucial role in communication, information sharing, and exercising fundamental freedoms, internet shutdowns have become an alarming issue across the world.[4] The internet has greatly enhanced free speech, enabling individuals to express their opinions without fear of censorship or retribution. It has also encouraged the exchange of ideas and facilitated the spread of information, benefiting society.[5] However, this fundamental right is threatened in Ethiopia by a concerning pattern of internet shutdowns. In response to protests, civil unrest, and other forms of social and political activism, the government has resorted to invasive shutdowns. These measures significantly limit citizens’ freedom of expression, impede democratic dialogue, and obstruct the flow of essential information in society, [6]leaving millions uninformed and potentially infringing on their rights to freedom of expression, access to information, assembly, and association, as well as other human rights.[7]The right to freedom of expression is protected under international law and most national constitutions. This right has evolved to encompass the internet as a vital communication medium, raising important questions about the extent to which internet access is protected under existing normative principles.[8]
Celebrating the enduring legacy of the Special Rapporteur on Freedom of Expression and Access to Information in Africa
Posted: 16 September, 2024 Filed under: Nicholas Cheruiyot | Tags: Access to Information, African Commission on Human and Peoples’ Rights, African continent, Declaration of Principles of Freedom of Expression and Access to Information in Africa, democracy, false news, information laws, information legislations, international human rights standards, internet shutdowns, intimidation, online harassment, physical threats, right to freedom of expression, Securing the Effective Realization of Access to Information in Africa, sexual violence, Special Rapporteur on Freedom of Expression and Access to Information in Africa, transparency, verbal abuse, violations Leave a comment
Author: Nicholas Cheruiyot
LLM Student, Centre for Human Rights
1 Introduction
The Special Rapporteur on Freedom of Expression and Access to Information in Africa (SR) was established in 2004 by the African Commission on Human and Peoples’ Rights (Commission).[1] This was following a series of events beginning in 1998 when the idea of free and open internet was conceived,[2] considering the importance of access to information in relation to the freedom of expression. The SR is one of the special mechanisms within the Commission, whose purpose is to promote and protect the freedom of expression throughout the African continent.[3] As the SR marks two decades in 2024 since its establishment, it has made significant progress in shaping Africa’s freedom of expression and access to information landscape as discussed in this article. There have however been challenges which have hampered its important role.
Navigating a restrictive access to information infrastructure in Uganda through the use of social media
Posted: 2 September, 2024 Filed under: Kansiime Mukama Taremwa | Tags: #MeToo, #UgandaParliamentaryExhibition, Access to Information, Access to Information Act, Arab Spring, costs of access to information, dictatorship, digital technologies, human rights law instruments, informed decision-making, internet, political development, political issues, social media, Social media activism, socio-economic development, street protests, traditional media, transparency, Uganda, youthful demonstrators Leave a comment
Author: Kansiime Mukama Taremwa
LLM Candidate, Centre for Human Rights, University of Pretoria
From late February into March 2024, a hashtag ran on X (formerly Twitter) under the designation #UgandaParliamentaryExhibition. According to the protagonists behind this hashtag, the purpose of this move was to cast light on the outrageous spending within Uganda’s parliament.
The internet is considered to be the most disruptive piece of technology that enables the receipt and dissemination of information. Uganda is home to 2.6 million social media users. Few people can doubt the power of the internet in general and social media specifically, in stimulating democratic culture. Even some of the critics of digitisation accept that digital technologies lower the costs of access to information. The use of social media to organise and mobilise persons for action came to the fore in the early 2010s in what was known as the Arab Spring; a series of protests that led to the ousting of dictatorial governments in Tunisia, Egypt, and Libya. It was known for the youthful demonstrators that staged street protests and used social media to coordinate, raise awareness of the political issues, and record the events on the ground. The results of the Arab Spring are that dictatorships that had managed to stifle access to information and free flow of ideas for many years were toppled in part, due to the mobilisational capacities of social media.
Enhancing Access to Information through Community Media in South Africa
Posted: 28 August, 2024 Filed under: Hlengiwe Dube | Tags: Access to Information, accessibility, accurate information, community broadcasters, Community Media, cultural practices, Declaration of Principles on Freedom of Expression and Access to Information in Africa, democratic participation, diversity, essential information, inclusivity, informed decision-making, International Federation of Journalists, linguistic preferences, local issues, mainstream media, religious information, right to freedom of expression, South Africa Leave a comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
Introduction
South Africa’s community media sector plays a crucial role in addressing the diverse needs and interests of its various geographic and interest-based communities by ensuring access to relevant and accurate information. These media outlets are dedicated to developing and disseminating content that reflects local issues, cultural practices, and linguistic preferences. This localised approach ensures that content is tailored to the immediate needs and interests of specific communities, which is vital for community engagement and empowerment. By focusing on the specific concerns and interests of their audiences, community media provides essential information that might not be covered by mainstream media, reinforcing the public’s right to access crucial information. This access supports informed decision-making and strengthens local identity, promoting active civic participation and contributing to the overall resilience and cohesion of the community.
Analysing Ethiopia’s Adherence with the Guidelines on Access to Information and Elections in Africa: A Spotlight on the 2021 National Election
Posted: 8 July, 2024 Filed under: Reda Benkhadra, Yeabsira Teferi | Tags: Access to Information, African Charter on Human and People’s Rights, African Commission, democracy, elections, electoral boundaries, Electoral Proclamation, Ethiopia, Guidelines on Access to Information and Elections in Africa, June 2021 national elections, National Electoral Board of Ethiopia, NEBE Leave a comment
Author: Yeabsira Teferi
Lecturer of law, School of Law, Dilla University, Ethiopia
Introduction
A fundamental element of democracy is the freedom to choose political leaders through elections. As envisaged under Article 13 of the African Charter on Human and People’s Rights (the African Charter), for elections to be free, fair and credible, the electorate must have access to information at all stages of the electoral process.
The Special Rapporteur on Freedom of Expression, a special mechanism established by the African Commission, with the specific mandate of monitoring member states’ compliance with article 9 of the African Charter adopted the Guidelines on Access to Information and Elections in Africa (hereinafter, the Guidelines), in 2017.[i] The Guidelines provide directions on access to information in the electoral process as a means of strengthening democratic governance in Africa and specifically incorporates the principle of proactive disclosure of information. The principle of proactive disclosure requires that those who hold information of public interest must routinely provide such information to the public even without being requested to do so.
Beyond Crisis: The State of Access to Information and the Internet for Rural Dwellers in South Africa
Posted: 1 July, 2024 Filed under: Ompha Tshamano | Tags: Access to Information, access to socio-economic rights, apartheid, ATI, digital communication, digital divide, digital technology, fundamental human rights, ICT, internet, post-apartheid, real-time information, right to access information, right to information, rural communities, social media, socio-economic underdevelopment, South Africa 7 Comments
Author: Ompha Tshamano
Project Associate, Centre for Human Rights, University of Pretoria
1 Overview
South Africa has a long history of socio-economic underdevelopment, largely resulting from the sustained effects of apartheid. Despite the end of apartheid, the position of rural communities in South Africa remains precarious, with limited access to resources and infrastructure. The creation of Bantustans during apartheid further exacerbated economic disparities amongst different racial groups, leading to poverty, inequality, and unemployment. Slow technological adoption and development in South African rural areas also contribute to limited access to information and restricted opportunities. This situation has resulted in the maintenance of the status quo, with socio-economic underdevelopment and inequality continuing to be major challenges in post-apartheid South Africa. In this context, this article seeks to critically examine the state of access to information for rural dwellers in South Africa and the initiatives being taken to improve this situation.
Addressing Challenges in Information Access: Navigating State-Imposed Internet Shutdowns in Africa
Posted: 28 June, 2024 Filed under: Muhammed Bello Buhari | Tags: Access to Information, ATI, civic engagement, digital communication, digital technology, freedom of expression, fundamental human rights, ICT, information and communication technologies, information dissemination, internet, real-time information, right to access information, right to information, social media, state-imposed internet shutdowns, transparency Leave a comment
Author: Muhammed Bello Buhari
Digital rights activist
In Africa’s dynamic digital landscape, technology has emerged as a double-edged sword, promising to revolutionise access to information while simultaneously presenting unprecedented challenges, notably through state-imposed internet shutdowns. The delicate interplay between technology, information access, and the persistent disruptions, particularly the alarming rise of state-imposed internet shutdowns, has become a defining narrative in the continent’s quest for equitable information dissemination. This article focuses on exploring the many-sided relationship between technology and access to information, specifically addressing the intricate challenges posed by state-imposed internet shutdowns.
Pay or be denied: The impact of fees and charges on journalists’ perception of the effectiveness of Ghana’s Right to Information Law
Posted: 26 June, 2024 Filed under: Kwaku Krobea Asante | Tags: Access to Information, accountability, ATI, corruption, economic mismanagement, fundamental human rights, Ghana, Ghana’s Right to Information Commission, journalists, lack of accountability, military coups, Model Law of Access to Information for Africa, restriction to information access, right to access information, transparency Leave a comment
Author: Kwaku Krobea Asante
Senior Programme Officer, Media Foundation for West Africa (MFWA)
Introduction
There has been a global upsurge in the demand for transparency, accountability and the establishment of norms in favour of democracy [1]. These norms include the passage of universal Access to Information (ATI) laws and the respect for the right to access information across the world[2].
In Africa, the adoption of the Model Law of Access to Information for Africa in 2013 was a response to emerging questions about widening inequality, widespread poverty, corruption and lack of accountability in public office. Indeed, the model law is consistent with other relevant laws including the African Charter on Human and Peoples’ Rights (the African Charter).
Proactive disclosure of information post the 2013 Model Law on Access to Information: Assessing the compliance of the Zimbabwe Electoral Commission with the Guidelines on Access to Information and Elections in Africa and the Declaration on Principles of Freedom of Expression in the 2023 harmonised elections.
Posted: 21 June, 2024 Filed under: Idirashe Amanda Chikomba | Tags: Access to Information, African Charter on Human and Peoples Rights, Constitution of Zimbabwe, Cyber and Data Protection Act, Declaration on Principles on Freedom of Expression, Electoral Management Bodies, Guidelines on Access to Information in Africa, International Covenant on Civil and Political Rights, Model Law on Access to Information, national security, Presidential Proclamation, public accountability, right to access information, transparency, ZEC, Zimbabwe, Zimbabwe Electoral Commission Leave a comment
Author: Idirashe Amanda Chikomba
Human rights lawyer
Introduction
Regional and international instruments guarantee the right to access information. Article 9 of the African Charter on Human and Peoples Rights (African Charter) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provide for the right to access and receive information. Both treaties have been ratified by Zimbabwe. Section 62 of the Constitution of Zimbabwe, 2013 (the Constitution) also guarantees the right to access information. The provision enunciates access to information to every Zimbabwean citizen or permanent resident, including juristic persons and the media. The duty bearers are outlined as any institution or government agency for purposes of public accountability.
AfricLaw 
Repressive Laws Silencing Dissidents, Deviants and Destabilisers in Uganda
Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights | 1 CommentWriters-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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