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.
From limitation to derogation of rights: Revisiting internet shutdowns during elections in Africa
Posted: 14 June, 2024 Filed under: Chrispin Bosire | Tags: Access to Information, Access to the internet, African Charter on Human and Peoples’ Rights, data protection, digital rights, dissemination of opinions, elections, free speech, Freedom of Information and Expression, government-led internet shutdowns, human rights standards, illegitimate restrictions, internet disruptions, internet shutdowns, liberty of expression, national security concerns, press freedom, violation of rights, vital electoral information Leave a comment
Author: Chrispin Bosire
Advocate of the High Court of Kenya
Introduction
Free access to information, free speech and liberty of expression contribute to democratic elections. Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter) guarantees the right to receive information and safeguards freedom of expression and dissemination of opinions. Access to information and press freedom are important elements of free expression. This right is now exercised both offline and online, as provided under Principle 5 of the 2019 press freedom. However, systemic internet disruptions and restrictions on access to communication platforms are on the rise in Africa. This has negatively affected the people’s right to expression during elections, and meaningful access to vital electoral information, necessary to make informed decisions.
Technology and Access to Information: Effect of Search Algorithms on Access to Information
Posted: 12 June, 2024 Filed under: Wendy Ashikomela Ashilenje | Tags: Access to Information, Access to the internet, Artificial Intelligence (AI), Blocking and filtering, Fourth Industrial Revolution (4IR), freedom of expression, increased internet use, right of access to information, Search Algorithms, social media platforms, specific behavioural patterns, technological advances, technology, Universal Declaration of Human Rights 1 Comment
Author: Wendy Ashikomela Ashilenje
Advocate of the High Court of Kenya
Introduction
Are you accessing all the information on your Facebook, Threads, Google, Bing or Instagram? The increased technological advances in Africa have been characterised by the increased use of the internet which is driven by the increased use of Artificial Intelligence (AI), hence confirming that we are in the Fourth Industrial Revolution (4IR). Statistics by Statista show that as at 2024, Africa had approximately 646 million internet users which is a slight increase from the 570 million internet users in 2022. As a result of the increased internet use, there is a lot of information that is out there which can be accessed through the various search engines or social media platforms. The science behind the internet may be complicated but it can easily be described by one word – algorithms. Algorithms are machine learning techniques that have been programmed to provide certain output based on the information that they are fed. Tarleton Gillespie attempts to give context as to what algorithms are and states that they are encoded procedures that transform the input data into a desired or specific output based on certain calculations.
Beyond the ballot: AI, voter rights and the future of elections in Africa
Posted: 28 March, 2024 Filed under: Bonolo Makgale | Tags: Access to Information, AI technology, Artificial intelligence, democracy, democratic engagement, digital democracy, digital technology, digital transformation, elections, electoral fraud, Fake News, governance, inequality, information age, right to vote, socioeconomic status, technological challenge, user-friendly interfaces, voter rights, Yiaga Africa Leave a comment
Author: Bonolo Makgale
Centre for Human Rights, University of Pretoria
Introduction
The year 2024 is an extraordinary year for elections in all its hazardous glory as it sets the record for the greatest number of people living in countries that are holding elections. More voters than ever in history will be heading to the polls in at least 64 countries representing a combined population of about 49% globally. Many of these votes will test the limits of democracy, while others will be exercises in rubber-stamping and the results of which, for many, will prove consequential for years to come. Yet, these elections are taking place against the backdrop of a relentless global evolution of digital technology which has ushered in a new era of unprecedented challenges in the democratic and political space. In an era of data manipulation and the growing influence of artificial intelligence, democracy stands at a critical crossroads.
#gameofphones: Examining the social media regulatory regimes across Africa
Posted: 22 June, 2023 Filed under: Blessing Temitope Oguntuase | Tags: Access to Information, Africa, corruption, Facebook, freedom of expression, fundamental human rights, gender-based violence, ideological conflicts, information, Instagram, internet shutdown, military operations, political campaigns, social media, social media movements, social media tax, warfare, Whatsapp Leave a comment
Author: Blessing Temitope Oguntuase
Lawyer
Blood, gore, and broken human bones sprawled across the blood tainted soil for miles and miles, the stereotypical image of a war-torn battlefield. Over a century ago, one might have thought it impossible for the iconic swords and bullets to be traded for smartphones and twiddling fingers. Who could have imagined the metal battle armours being replaced with the anonymity of a social media profile?
The role of African governments in the implementation of the Revised Declaration on freedom of expression online in Africa
Posted: 24 November, 2021 Filed under: Ayowole Olotupa-Adetona, Bitebo Gogo, Imani Henrick, Ogah Peter Ejegwoya | Tags: Access to Information, African Commission on Human and Peoples’ Rights, Declaration of Principles on Freedom of Expression and Access to Information in Africa, domestic laws, freedom of expression, freedom of expression online, human rights, illegitimate restrictions, international human rights standards, Legal reform, multistakeholderism, online content regulation, privacy protection, Regulating online content, right to opinion 4 Comments
Authors: Imani Henrick, Bitebo Gogo, Ogah Peter Ejegwoya & Ayowole Olotupa-Adetona
The rights to freedom of expression, access to information and opinion are three distinct yet interconnected rights. The right to freedom of expression includes overt or covert communication through any medium including the Internet while access to information is being able to get information through any means. Both rights can be limited under international human rights standards. However, the right to opinion which is broader than both rights cannot be limited under international human rights standards.
This article identifies the role of African governments in implementing freedom of expression online. In doing so, it focuses on the provisions of the recent Declaration of Principles on Freedom of Expression and Access to Information in Africa (Revised Declaration) 2019.
COVID-19: How more access to the internet can reduce existing barriers for women’s rights in Africa
Posted: 4 May, 2020 Filed under: Nelly Warega, Tomiwa Ilori | Tags: Access to Information, access to information online, Africa, civil society organisations, coronavirus, COVID-19, CSOs, digital platforms, digital skills, domestic violence, health services, inequalities, International Covenant on Civil and Political Rights, internet access, Kenya, Lagos State Government Health Service Commission, lockdown, mainstream media, maternal health, maternal mortality, Mozambique, Nigeria, pandemic, PPE, PPEs, smart phones, South Africa, Uganda, women's rights Leave a comment
Authors: Nelly Warega* and Tomiwa Ilori**
*Legal Advisor, Women’s Link Worldwide
**Doctoral researcher, Centre for Human Rights, University of Pretoria
On 17 April 2020, a Twitter user tweeted about a hospital in Lagos that demanded personal protective equipment (PPE) from a woman seeking to give birth at the facility. The incident, according to the user happened at the General Hospital, Ikorodu, under the Lagos State Government Health Service Commission. The PPEs have become important for health workers given the surge in transmission COVID-19 across the world. However, despite the rising demand and scarcity of PPEs, a conversation on the propriety of placing the burden of procurement of PPEs on expectant mothers is vital.
COVID-19 and the access to information conundrum in Africa
Posted: 10 April, 2020 Filed under: Hlengiwe Dube | Tags: Access to Information, barriers, corona virus, COVID-19, data costs, Declaration of Principles on Freedom of Expression and Access to Information in Africa, digital divide, disabilities, flatten the curve, girls, indigenous communities, information accessibility, internet, internet access, internet taxation, lockdowns, Model Law on Access to Inofmration in Africa, nationwide crisis management, older persons, Open Government Partnership, pandemic, PWD, right to health, South Africa, women, Zimbabwe 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
As the world grapples with the deadly COVID-19 pandemic, the disease caused by the novel Corona-virus, Africa has not been spared. Although the rate of infection is still lower than the rest of the world, it is rising steadily. Governments across the world have initiated partial or nationwide crisis management measures including curfews, lockdowns, contact tracing, surveillance and testing to curb the spread of the virus, which has been coined as measures to ‘flatten the curve’. For these government-initiated emergency measures to be effective in curbing the spread of the virus, the public must comply with the government regulations. Access to information becomes very essential for the realisation of this objective and by extension other equally essential goals such as achieving the human right to health.
African Commission’s Revised Declaration of Principles on Freedom of Expression and Access to Information in Africa should be a call to action
Posted: 21 February, 2020 Filed under: Dunia Mekonnen Tegegn | Tags: Access to Information, ACHPR, African Commission, African Commission on Human and Peoples’ Rights, African Union, Cyber Security, Declaration, Declaration of Principles on Freedom of Expression in Africa, election violence, free speech, freedom of expression, online media, Personal Data Protection, social media surveillance, Special Rapporteur, Special Rapporteur on Freedom of Expression and Access to Information in Africa, United Nations Leave a comment
Author: Dunia Mekonnen
Almami Cyllah Fellow, Amnesty International, USA
The African Commission on Human and Peoples’ Rights (ACHPR) revised its Declaration of Principles on Freedom of Expression in Africa to address new technological advances, online activity, and internet restrictions throughout Africa, after deliberating on the draft beginning from April 2018. The Special Rapporteur collected comments from civil society, States parties, and others on the new draft Declaration of Principles on Freedom of Expression and Access to Information in Africa. The Declaration, is based on a series of resolutions adopted by the African Commission in 2012 and 2016.
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