Government, citizens and respecting human rights online

This year’s commemoration of  International Human Rights Day has once again drawn attention to little respect governments and certain individuals have for human rights of citizens online. This has made various human rights groups and ICT experts to call for the enactment of robust legal frameworks that uphold human rights online. The experts and various […]

This year’s commemoration of  International Human Rights Day has once again drawn attention to little respect governments and certain individuals have for human rights of citizens online.

This has made various human rights groups and ICT experts to call for the enactment of robust legal frameworks that uphold human rights online.

The experts and various groups also underscore the importance of respecting rights and supporting the development and enforcement of laws in a human-rights-respecting manner in the Global South. These include strong data protection laws that safeguard the right to privacy and legislation governing automated decision-making systems to mitigate potential biases. This, according to Paradigm Initiative (PIN), would ensure human rights are realised as the future remains secure.

“Governments should address systemic issues that hinder the enjoyment of human rights and take the necessary steps to support an independent judiciary to ensure the impartial administration of justice and upholding the rule of law,” said Bridgette Ndlovu, the organisation’s Partnerships and Engagements Officer.

This year, International Human Rights Day is commemorated under the theme “Our rights, our future, right now.” The theme focuses on how human rights are a pathway to solutions, playing a critical role as a preventative, protective and transformative force for good.

PIN also highlighted the crucial role of digital rights in safeguarding human dignity and promoting social justice. In securing a rights-respecting digital future, the organisation applauded the positive developments throughout 2024 and supported efforts to safeguard human rights online.

Countries in the Global South, such as Malawi, Ethiopia, and Syria, made notable strides in advancing digital rights by enacting data protection legislation establishing guidelines for processing, storing, and sharing personal data.  Botswana repealed its archaic data protection law and adopted a new Data Protection Act. Equally, enforcement of data protection legislation gained momentum as countries such as Tanzania, in the case of Safari Automotive Limited vs. Godwin Danda, awarded compensation to the data subject after the automobile company published a video clip of the data subject on social media without consent. In Kenya, taxi hailers Bolt Operations OU and Bolt Support Kenya were fined for failing to properly handle an incident and escalate it according to established protocols.

The incident happened when unauthorised parties accessed a data subject’s Bolt driver account, performed fraudulent trips and altered the data subject’s account details, violating the data subject’s right to access personal data and correct false or misleading data.

In Kenya, data subjects were awarded compensation after offenders were found liable for commercial use of data subjects’ personal data without consent. Angola fined offenders who failed to protect data subjects’ personal data from cyber-attacks. Benin published decisions and resolutions that specify the certification of DPOs, and Brazil published two resolutions that define the activities of DPOs and regulate international data transfers.

In Nigeria, in the case of Folashade Moleshin vs United Bank of Africa, a Paradigm Initiative-supported case, the judiciary handed a judgement in favour of the complainant after a data breach reported on PIN’s Ripoti platform, promoting privacy.

PIN acknowledged the judiciary’s role in adjudicating cases brought before the courts and parliamentary oversight in innovations within the justice system, in particular, in Zimbabwe, where parliament produced an adverse report on the Integrated Electronic Case Management system, citing negative consequences for public participation due to limited access to the internet. The organisation asserted that human rights online are crucial and legislation should be people-centred and provide robust safeguards for personal data, including measures to prevent unauthorised access and surveillance. Countries such as South Africa, Mauritania, Nigeria, Zambia published National AI Strategies to safeguard human rights from risks that may arise from automated decision-making.

The African Union Executive Council endorsed the Continental AI Strategy and African Digital Compact,  at the regional level to set the pace and provide a framework for harmonising laws. At the international level, nations adopted the United Nations Global Digital Compact and countries such as Cote d’Ivoire acceded to the Budapest Convention on Cybercrime. Kenya is also planning to accede to the Convention.

Despite the outlined positive developments, significant challenges remain in the Global South with PIN condemning the actions of countries such as Mozambique, Mauritius, Nigeria, Senegal, Tanzania, Comoros and Kenya, which shut down the internet this year. These negative actions undermined human rights, suppressed dissent and had a chilling effect on freedom of expression. Going forward, governments ought to halt the practice of internet shutdowns and uphold the right to free expression so that individuals can freely impart information and engage in political discourse in line with the ideals set out in the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948.

Gbenga Sesan, PIN Executive Director, said  the group is working to create a digital environment where technology enhances human rights and empowers underserved communities.

The executive director of the nonprofit organisation, said while speaking with journalists  in Lagos.

Sesan explained that the organisation focuses on leveraging its strengths, addressing weaknesses, and navigating emerging challenges in the digital rights landscape.

“We believe empowering underserved communities through digital rights and ensuring access to skills, resources, and opportunities will improve socio-economic outcomes,” he said.

Sesan noted that over the past decade, Paradigm Initiative has collaborated with major funders such as the Ford Foundation, Rockefeller Foundation, Omidyar Network, Open Society Foundations, Google.org, the Government of the Netherlands, and the US Bureau of Democracy, Human Rights, and Labour.

He said these partnerships have supported the implementation of multi-country initiatives aimed at advancing digital inclusion across Africa.

The executive director highlighted the organisation’s annual Digital Rights and Inclusion Forum, which has convened internet freedom activists since 2013.

DRIF empowers participants to address gaps and challenges in their communities while fostering collaboration and knowledge-sharing,” he added.

The organisation has also made significant strides in policy advocacy.

Sesan said the Paradigm Initiative played a key role in drafting Africa’s first digital rights law, the Digital Rights and Freedom Bill, which were passed by the House of Representatives and  Senate in 2018 and 2019, respectively.

Sesan said that this legislation has gingered similar efforts in Malawi, Tanzania, and Somalia.

“We have supported parliamentarians in Malawi, South Sudan, and Tanzania in enacting robust data protection laws,” Sesan stated.

He also pointed to strategic litigation victories, including court rulings addressing issues with Nigeria’s Cybercrimes Act of 2015 and the Twitter ban, which set important legal precedents for digital rights.