Background

The insatiable appetite of African Governments to order internet shutdowns is a cause for concern, considering there is no justification that has been upheld by a court of law at the national, sub-regional, or regional level in Africa or beyond to date. The deliberate lack of human rights acumen has seen bad precedents on the African continent, where internet access has been restricted glaringly or subtly through bold government notices or hideous throttling methods. In 2024, several countries have entered the hall of shame for internet shutdowns during elections. Comoros, Mauritania, Mozambique, and Mauritius are on the list of countries that have restricted internet access during elections tracked by the #KeepItOn Coalition.  Elections are a sensitive time where information should be free-flowing to the electorate, political parties need to reach the voters, and information should constantly be accessible to guard against misinformation and disinformation. The media need online spaces to perform their mandate of disseminating information; the outcome of elections tainted with internet access restrictions falls short of the free and fair test. 

2024 Elections-Related Internet Shutdowns 

Comoros, Mauritania, Mozambique and Mauritius are African countries that have so far fallen on the red list of elections-related internet shutdowns in 2024. This is a deplorable trend demonstrating defiant State conduct despite clear human rights obligations.  

• • Comoros implemented an internet disruption on 17 January 2024 following violent protests after President Azali Assoumani’s re-election. 
  • Mauritania restricted mobile internet access on 2 July following the June 29 presidential elections and follow-up protests rejecting election results. The internet shutdown lasted 22 days.
  • Mozambique restricted mobile internet traffic on 25 October 2024 following election protests. While traffic regained momentum on 26 October 2024, multiple disruptions followed, and a fresh wave of social media restrictions was noted.

• Mauritius, with an upcoming general election on 10 November 2024, shut down the internet on 1 November 2024 after its Information and Communications Technologies Authority (ICTA) seized a moment and announced that in addressing concerns regarding illegal postings that constitute a serious threat to national security and public safety, it was ordered on 31 October 2024, to direct all Internet Service Providers to temporarily suspend access to all social media platforms until 11 November 2024, after the elections. The 24-hour ban was reversed on 2 November 2024 following outcries from various actors, including the #KeepItOnCoalition.

Defying Guidance

African countries are aptly directed if there is willpower to comply with international human rights standards and guidelines on promoting human rights. Articles 9 and 19 of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, respectively entrench freedom of expression and access to information as fundamental. African State parties to these treaties have obligations to promote these mentioned rights. 

A law authorising the limitation should address a legitimate concern, and the means used to limit the right must be necessary and proportionate to the harm. Internet shutdowns are inherently disproportionate, which is why the current decisions on internet shutdowns have all echoed that States like Togo and Guinea-Conakry violated human rights by shutting down the internet. 

The African Commission on Human and Peoples’ Rights (ACHPR) has made clarion calls for governments to apply a human rights standard in considering whether to limit human rights such as freedom of expression and access to information. Principle 38(2) of the ACHPR Declaration of Principles of Freedom of Expression and Access to Information (the Declaration) stipulates that governments should not disrupt internet access for segments of the public or an entire population. The Declaration unpacks Article 9 of the African Charter on Human and Peoples’ Rights on freedom of expression and access to information, establishing the internet’s role in enabling these rights. 

In March 2024, the ACHPR passed Resolution 580 on Internet Shutdowns and Elections in Africa, a Resolution unpacked in Paradigm Initiative’s Digital Policy Digest No.2 of 2024, which calls on States to, among others, refrain from ordering the interruption of telecommunications services, shutting down the internet, and/or disrupting access to any other digital communication platforms before, during or after the elections. The level of defiance on the continent demonstrates the inclination to violate rather than promote human rights. 

The practice of internet shutdowns has no place in a democratic society because of the potential to undermine democratic principles. Article 4 of the African Charter on Democracy, Elections, and Governance (ACDEG) provides that States should promote democracy, the rule of law and human rights principle while Article 19(2) stipulates that States shall guarantee free access to information among others. The internet is key to accessing information, and shutting it down goes against the spirit of the ACDEG.

A Case of Ignorance of Repression?

Government agencies, mostly telecommunications authorities, are the voice of internet shutdowns, giving orders for internet and mobile network services to be suspended during elections. This has been the case in countries like Tanzania, where the Tanzania Communications Regulatory Authority is notorious for ordering the suspension of telecommunications and internet services and did so in the 2020 elections. The Mauritius ICTA published a suspension notice on 1 November 2024 ahead of elections on 10 November 2024. After concerns raised by the #KeepItOnCoalition, ICTA reversed the suspension. Unlike Mauritius, Mozambique continues in defiant mode, unleashing a fresh onslaught from the internet shutdowns occasioned on 25 October 2024 and the new wave on 4 November 2024. 

To Shut or Not To?

In the digital era, technology is undeniably an enabler of free speech and provides a marketplace of information. The internet has increased the speed with which information is accessed, reducing logistical barriers to accessing information. In election season, online platforms are undeniably an impetus for an excitable electorate signalling election moods and temperaments. Instead of treating the internet as a threat to political power interests, the internet should be seen by States as an early warning platform that points States toward proactive disclosures to quell disinformation and address offline violence signalled online. 

Considering life beyond elections demands a careful impact assessment before governments shut down the Internet. The Nigerian economy reportedly suffered a loss of over 26.1 billion dollars through the 7-month Twitter ban announced on 4 June 2021. Government services are affected by grounding, as well as financial and health services where internet access is required.  Individuals who rely on mobile money platforms fail to transact and enjoy their livelihoods. Online learning and work powered by virtual platforms are suspended interfering with education and labour rights. The repercussions on economic and social rights are dire. Any country advancing a digital transformation policy and ordering internet shutdowns contradicts itself, more so during elections. It signals repression and avoidance of transparency of electoral processes.   

Conclusion

The current malpractice of internet shutdowns in Africa is contrary to democracy and blatantly retrogressive action. It undermines elections and development, interfering with all human rights. States should pursue a good human rights record by assessing the impact of internet shutdowns and complying with international human rights standards. The conduct demonstrates defiance where the ACHPR has called for compliance with the African Charter, and the ACDEG has called for democratic principles, the rule of law, and human rights to prevail in the context of elections. The ACHPR should consider passing resolutions on defiant countries and call for compliance with its Resolutions. Concluding observations made by the ACHPR on African states should address their internet shutdown records during country reviews of state reports. 

Author: Thobekile Matimbe, Senior Manager, Partnerships and Engagements, Paradigm Initiative