Executive Director

Instituto Nacional das Comunicações de Moçambique

Praça 16 de Junho nr. 340 – 

Bairro da Malanga, 

848 Maputo

Moçambique

8 November 2024

RE: Repeated Internet shutdowns and disruptions

We, the members of the Net Rights Coalition (NRC), are a pan-African coalition of Internet freedom activists who advocate for the protection of digital rights in Africa. Please note our concern.

We are appalled by the series of Internet shutdowns that commenced on 25 October 2024  and escalated further with internet shutdowns imposed by the government of Mozambique on 3 and 4 November 2024, 9 days after the initial disruption of mobile internet traffic by three mobile networks Vodacom Mozambique, Telecomunicacoes de Mocambique, and Viettel Group.  Social media platforms remain restricted. On 30 October 2024, we condemned the internet disruption that happened on October 25 and 26, 2024, in response to protests after the announcement of the results of the General elections held on October 9, 2024.  

We are concerned about the impacts of such a blanket ban on internet services on human rights reflected in Mozambique’s commitment to democratic and international human rights instruments to which Mozambique is a party to. We draw your attention to Article 48 of the Constitution which states that “All citizens have the right to freedom of expression, freedom of the press, as well as the right to information.” However, despite freedom of expression and the right to information being entrenched in the Mozambican Constitution, these rights are currently being imperilled by the government’s disruption of internet services. 

The Net Rights Coalition also reminds the Mozambican government of its obligations under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR), which guarantees the protection of these fundamental human rights. We also remind the government of Mozambique of Principle 38 (2) of the African Commission on Human and Peoples’ Rights Declaration of Principles on Freedom of Expression and Access to Information in Africa, which highlights that States shall not engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population. Mozambique’s non-compliance with the declaration is worrying and adds the Republic to the alarming number of governments in the Global South that initiate internet shutdowns during elections or periods of civil unrest, to silence the masses. Mozambique joins Mauritius, Nigeria, Senegal, Tanzania, and Kenya which face a decline in democracy after shutting down the internet this year. 

We remind the government of Mozambique of the court rulings that confirm the internet as an enabler of human rights and of the United Nations Human Rights Council General Comment No. 34 paragraph 43 on Article 19 ICCPR, which states that no internet restrictions are permissible unless provided by law. Globally, internet shutdowns have a record of disrupting the free flow of information and allowing repression to occur without scrutiny, and we remind the government of Mozambique to stand guided by the court decisions that have set precedence on this matter.  In June 2020, the ECOWAS Court ruled against the Togolese government, which had implemented internet shutdowns during anti-government protests in 2017. The court handed down a decision that the internet shutdown violated freedom of expression; the state should take the necessary measures to guarantee the non-occurrence of the same situation and should enact and implement laws that safeguard free expression. In a subsequent case, the ECOWAS Court condemned Guinea for shutting down the internet and blocking social media platforms during political protests in March and October 2020 highlighting that even if there was a legitimate purpose for internet restrictions, the means used would remain disproportionate. 

This blatant violation of human rights is not justifiable or compatible with international human rights laws and standards. It is not compliant with the African Commission on Human and People’s Rights Resolution 580 on Internet Shutdowns and Elections in Africa which was adopted this year to provide guidance for African States to refrain from Internet shutdowns during elections. Furthermore, we advise the government of Mozambique not to order Internet Service Providers in Mozambique to shut down the internet as this goes against ISPs’ corporate responsibilities to respect human rights in line with the UN Guiding Principles on Business and Human Rights.

As such, we call for the following:  

• The government of Mozambique, through the Instituto Nacional das Comunicações de Moçambique or any other agency to refrain from ordering any internet restrictions before, during and after the upcoming elections.
• An official commitment from bodies comprising the government of Mozambique, the Instituto Nacional das Comunicações de Moçambique, and all relevant institutions that they will follow due process, suspend the current internet shutdown, and not order any other internet shutdown, as a guarantee of non-recurrence. 
• The government of Mozambique to desist from ordering Internet Service Providers to shut down the internet as this goes against ISPs’ corporate responsibilities to respect human rights.

We look forward to your action and response. 

Signatories:

Afia-Amani Grands-Lacs

African Internet Rights Alliance

Buytech Global Resources 

Brain Builders Youth Development Initiative

Consortium of Ethiopian Human Rights Organizations (CEHRO Ethiopia)

Diamond Alternative Legal Services

FactCheck Africa

Kigali Human Rights Attorneys and Partners LLP

SaferNet Initiative

Paradigm Initiative

TechHer

The Colonist Report Africa

The Colonist Report

Youth and Society (YAS)

CC:

Vodacom 

Telecomunicacoes de Mocambique

Viettel Group