Vance Center Hosts Panel Discussion on Internet Shutdowns in Africa
The virtual panel, part of a series on rule of law topics in sub-Saharan Africa, examined the rise of government-imposed internet shutdowns in countries across the continent.
On February 26, the Vance Center and international partners hosted a virtual panel discussion on “Internet Shutdowns in Africa: Implications for Democracy, Human Rights, and Fundamental Freedoms.”
The panel, part of a series examining rule of law issues in Africa, drew more than 100 attendees for a discussion of governments’ growing use of internet, communications, and social media shutdowns in countries across Africa, especially around elections. The conversation was co-sponsored by the New York City Bar Association’s African Affairs and International Human Rights Committees, the Pan African Lawyers Union, and the Robert & Ethel Kennedy Human Rights Center.
Vance Center Africa Initiatives Director Adaobi Egboka moderated a lively interactive discussion between experts in communications and technology policy, human rights law, and freedom of expression.
Panelists outlined the regional legal frameworks governing shutdowns, the legal arguments governments use to try to justify them, and how shutdowns affect civil society organizations’ ability to do their work. The speakers and audience also delved into questions about navigating the practical effects of shutdowns, discussing how regional instruments address the various rights violations that occur during shutdowns, the impact of monitoring tools, and the role of bar associations in responding to and preventing shutdowns.
The panel featured insights from:
- Hon. Ourveena Geereesha Topsy-Sonoo, Special Rapporteur on Freedom of Expression and Access to Information of the African Commission on Human and Peoples’ Rights (ACHPR)
- Felicia Anthonio, #KeepItOn Global Campaign Manager, Access Now
- Donald Deya, CEO, Pan African Lawyers Union (PALU)
- Patricia Ainembabazi, Policy and Advocacy Officer, Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Anthonio presented an overview of the growing prevalence of communications shutdowns at the global level and in Africa. Since 2016, there have been more than 2,000 documented shutdowns, including more than 200 in African countries. She offered examples of different kinds of shutdowns and restrictions, from complete shutdowns in countries like Uganda and Tanzania, to other partial disruption tactics like deliberately reducing internet speed, known as “throttling,” and targeting social media platforms, messaging apps, and tools like VPNs (virtual private networks) that users rely on to safely communicate.
Anthonio noted that these shutdowns, which are already a violation of citizens’ rights, also make it harder for individuals and civil society groups to document and demand accountability for other human rights abuses taking place during the shutdown period. She described a constantly evolving context, in which people find ways to circumvent or push back against this censorship, leading governments to adopt new strategies.
“The bottom line is that shutdowns are evolving, they are expanding, and they are becoming really sophisticated and posing serious threats to civic space, access to information, and fundamental rights,” she said.
Commissioner Topsy-Sonoo described her mandate’s role in monitoring access to information across the African Union and advising States on internet practices that comply with regional legal standards.
Because internet access enables the public’s access to information, she explained, shutdowns are considered a fundamental human rights violation under Article 9 of the African Charter on Human and Peoples’ Rights. She highlighted the Commission’s efforts to uphold access to information through “soft law” like 2024’s Resolution 580, which calls on States to ensure open, secure, and uninterrupted internet access before, during, and after elections.
Deya addressed questions about the legality of shutdowns and the strategies governments use to try to justify them.
“There are very few scenarios in which a countrywide internet shutdown can be legal or justified under national or international law,” he said. One possible scenario would be a national emergency in which internet use itself poses a threat to the population, but he noted that such cases are extremely rare and have not been present during recent shutdowns in the region.
Courts in the region have generally pushed back against national security or public safety arguments for shutdowns, though the decisions often come after the fact, Deya said.
“Invariably, whenever the governments have tried to make these arguments in courts, they have lost,” he said.
Silence and Hope
Ainembabazi addressed the impact of internet shutdowns on civil society organizations, noting that these actions “disrupt how we work” on both substantive work and advocacy. She noted that CSOs have put significant effort into raising the issue of internet shutdowns at national and regional levels, but that government officials have largely failed to respond. She suggested that it might be time to try new approaches, including focusing on the economic impact of the shutdowns as a strategy to involve the private sector.
The lack of government response was a common thread among speakers, who all observed that their efforts to engage government officials are often met with silence. Even Commissioner Topsy-Sonoo shared that some governments have not responded to urgent appeal letters from her mandate raising concerns about internet restrictions, including around elections. She described how the lack of response from many states has “silenced and chilled the electorate as well as all people during the whole electoral process, and this is very bad for democracy in Africa.”
All speakers shared a sense of frustration with the lack of meaningful progress toward curbing the growing use of internet shutdowns in the region. However, they also acknowledged areas of success and causes for optimism.
“I normally hate being on panels on shutdowns because it always looks very gloomy and like there’s no hope, but I believe civil society has done a lot in this regard, and we should appreciate and recognize that,” said Anthonio, pointing to the efforts of the Commissioner’s office as a source of progress. She and Deya also cited recent rulings at the Economic Community of West African States (ECOWAS) Court of Justice and in national courts that condemned or struck down internet shutdowns as positive steps.
The speakers highlighted the importance of litigation, not only to move cases forward but also for the critical goal of shaping public opinion.
“What could get people to pay attention? We shouldn’t neglect litigation. The ECOWAS Court has showed that it works,” said Ainembabazi.
Deya raised the idea of looking beyond litigation focused on states to cases that address harms caused by the companies perpetuating the shutdowns.
“These harms are occasioned by the government, but these companies are then co-perpetrators when they obey [unlawful orders or guidelines], so it is possible to sue them in our countries or even in their countries of origin,” he said.
He cited breach of contracts with consumers and the potential for hospital systems to lose internet services they need to provide health care as examples of clear harms resulting from a shutdown. Deya noted that telecom companies are service providers who operate under contracts with consumers and suggested it could be worthwhile to explore options for litigation that addresses these harms as matters of contract liability.
However, he pointed out the courts are only one part of the response. “What we see is that courts are necessary but not sufficient,” he said.
The panelists also pointed to the need to strengthen legal standards within and across countries, as well as the importance of engaging other groups on this issue and specifically building the judiciary’s capacity to understand and appropriately address the underlying technical concerns.
Attendees, joining from countries from Algeria to Sierra Leone, raised incisive questions about accountability for telecoms companies, tools to circumvent some of the common throttling tactics, the role of bar associations and legal practitioners in pushing for better legislation, and navigating contexts of state capture of the judiciary.
Ikechukwu Uzoma, Senior Staff Attorney at the Robert & Ethel Kennedy Human Rights Center, closed the discussion, thanking attendees and urging participants to continue sharing information and collaborating to push back against internet restrictions and protect Africa’s civic space.