Defining a firm framework on internet access during conflicts should become an important agenda to finding answers to the challenges of peace and security in Africa. The region continues to face several armed conflicts and waves of military coups. If the African Union is to meet its aspiration to ‘Silence the Guns,’ then, citizens’ rights to internet during conflicts should be prioritised.
Emerging peace and security landscape
The relationship between internet shutdowns and international peace and security was highlighted at the 20 June 2024 UN Security Council debate, as the organization considered measures to fulfil its primary responsibility of maintaining international peace and security in an era of expanding cyber threats. In Africa’s conflicts, the internet has increasingly been weaponised to restrict civilian access, a tactic aimed at suppressing awareness of human rights violations during episodes of political violence and armed strife. This trend has been observed in Ethiopia, Sudan, Burkina Faso and other countries.
Africa faces several active armed conflicts and a recent wave of military coups. Many parts of the continent are marked by political instability and the proliferation of non-state armed groups. Amplifying civilian voices is central to finding answers to these challenges – to enable effective conflict prevention, reinforce accountability and shape settlements that reflect the needs of civilians. But the continent has yet to take the steps needed to protect access to the internet during conflicts. If the African Union (AU) is to meet its aspiration to ‘Silence the Guns,’ citizens’ rights to communication must also be prioritised.
The internet and Africa’s armed conflicts
International humanitarian frameworks recognise the vital importance of the internet, particularly in times of conflict, and the agreement that international law applies in cyberspace implies that international human rights instruments protect all ‘internet-based modes’ of communication. But glaring loopholes remain in the form of exemptions on the basis of public emergency and national cybersecurity.
Conflicts in Africa are under-discussed on social media and online. Compared to conflicts in other regions of the world, the war in Sudan, the Nigerian Boko Haram situation, the Ethiopian-Tigray Conflict and conflicts in Central African Republic and other parts of Africa attract relatively little public concern online. Yet, these worsening conflicts have had devastating impacts on civilian populations, including grave and horrific violations and abuses of human rights as fighting continues to spread. Since November 2020, civilians in the Tigray region have endured the longest uninterrupted internet blackout ever imposed during an armed conflict anywhere in the world. During the ongoing Sudan armed conflict, civilian voices in online spaces have been very limited, and internet shutdowns have become commonplace since the 2021 military coup. Internet access was disrupted on the anniversary of the coup, even after a Sudanese court ordered the country’s telecom firms to restore access. The war occurring in the country since April 2023 has only worsened the situation, and Sudanese civilians have continued to experience internet interruptions. In Burkina Faso, crisis has allowed the government to continually impose a widespread communication and information embargo on the alibi of national defence and public security. The same concerns extend to Eritrea, the Congo and the deepened human security crisis in the Sahel region.
The African Union peace processes
Strengthening protection for civilians in conflict is not just a human rights issue – it should be central to continental aspirations to build accountability and find lasting solutions to Africa’s crisis. The African Union (AU) roadmap to Silencing the Guns in Africa mandates the AU Peace & Security Council spearhead strategic efforts to end armed conflicts and political violence. Protecting access to the internet during conflicts should be central to such efforts. This could include explicitly addressing the issue in peace accords, such as was seen in the peace agreement between Ethiopia’s government and the Tigray People’s Liberation Front (TPLF), which mandated the restoration of internet connectivity as an essential service alongside water and power – a first in Africa. To date, no other African peace process has done so. But such a framework must also be legally enforceable. There are no signs of restoration of internet connectivity in Tigray, despite the provisions of the peace agreement and a long wait
Very little is said of protecting civilians in the AU’s Master Roadmap of Practical Steps to Silencing the Guns in Africa. Depriving civilians of internet connectivity during armed conflicts goes against the principle of refraining from indiscriminate actions under the Law of Armed Conflict, and addressing this practice should be viewed as relevant to the achievement of the AU’s peace agenda and as a crucial element of the Silencing the Guns agenda.
Safeguarding internet access for civilian populations
Recently, the African Commission on Human and Peoples’ Rights passed a Resolution on Internet Shutdowns and Elections in Africa. The resolution underscores that freedom of expression and access to information are fundamental human rights and are affected by internet access, however, the resolution emphasizes the importance of access only in the context of elections. The resolution acknowledges the trend of internet blackouts in Africa, but focuses on the impact of blackouts that occur ‘before, during and after elections, which interfere with freedom of expression and access to information, and can have an impact on the conduct of free and democratic elections’.
The AU may face resistance to adopting internet access protection as a part of its conflict prevention and peace agenda, largely because previous court decisions on internet restrictions in Africa have not served to deter such acts. Also, internet embargoes during conflicts are always touted as cyber- and national security measures. While internet restrictions during conflicts are often criticised for suppressing civilian access and human rights information, it can sometimes be justified as a measure to prevent the spread of misinformation, hinder insurgent coordination, and protect national security. However, such actions must be carefully balanced to avoid disproportionate harm to civilian populations and their rights, as internet blackouts in Africa can almost always be attributed to efforts to accumulate power and to the constant militarization of the internet.
A firm framework to protect civilian access to the internet during armed conflicts will be needed in the context of conflict prevention in Africa. Despite sub-regional court decisions, such as the ECOWAS Community Court of Justice, the AU has never condemned internet restrictions in the region. Unlike its European counterpart, the African Court of Human and Peoples’ Rights has yet to rule on any matter impacting the digital aspects of human rights. The African Commission on Human and People’s Rights has also yet to set a precedent for internet restrictions as part of its expanding body of human rights jurisprudence.
Earlier this year, the AU adopted the Common Position on the Application of International Law in Cyberspace. This was the first regional statement to depart from the national approach that had been the norm. This African restatement of the application of international law in cyberspace further acknowledges the validity of international human rights in cyberspace. Whether Africa will take seriously the protection of civilians’ internet right during periods of armed conflict and political violence will largely be determined by how African courts continue to interpret this emergent aspect of human rights.
Communication in times of conflict is fundamental and should be expressed in the context of the Practical Steps to Silencing the Guns in Africa. The AU must openly and consistently acknowledge that curtailing internet access violates human rights principles. It should also develop concrete mechanisms aimed at calling African governments to be held accountable for internet shutdowns. The AU should design mechanisms aimed at ensuring the operationalisation of the ‘Common African Position on the Application of International Law in Cyberspace’. Like its Association of Southeast Asian Nations (ASEAN) counterpart, the AU should extend its cyber governance efforts to include the development of ‘Guidance on the implementation of the UN Norms of Responsible State Behaviour in Cyberspace’. The Norms have particular mandates for states on the promotion, protection and enjoyment of human rights on the internet. Such regional ‘Guidance framework’ will create awareness, provide meaningful insight into best practices and build the capacity of AU Member States.
As the AU’s agenda for peace is evolving, and cyber matters are now increasingly tabled as part of the AU’s peace and security mandate, the matter of internet restriction in times of conflict should become an urgent part of the agenda for the regional peace and security dialogues. The AU should champion such efforts for harmonisation and accountability.
