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Preamble

Emphasising that the Internet is an enabling space and resource for the realisation of all human rights, including the right to hold opinions without interference, the right to freedom of expression and information, the right to freedom of assembly and association, the right to freedom of thought, conscience and religion, the right to be free from discrimination in all forms, the right of ethnic, religious or linguistic minorities to enjoy their own culture, to profess and practise their own religion, or to use their own language, and economic, social and cultural rights;

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Emphasising that the Internet is an enabling space and resource for the realisation of all human rights, including the right to hold opinions without interference, the right to freedom of expression and information, the right to freedom of assembly and association, the right to freedom of thought, conscience and religion, the right to be free from discrimination in all forms, the right of ethnic, religious or linguistic minorities to enjoy their own culture, to profess and practise their own religion, or to use their own language, and economic, social and cultural rights;

Emphasising that the Internet is particularly relevant to social, economic and human development in Africa;

Affirming that in order to fully benefit from its development potential, the Internet must be accessible, available and affordable for all persons in Africa;

Affirming further that the Internet is a vital tool for the realisation of the right of all people to participate freely in the governance of their country, and to enjoy equal access to public services;

Recalling that a number of regional standards are relevant to the protection of human rights on the Internet, in particular the African Charter on Human and Peoples’ Rights of 1981, the Windhoek Declaration on Promoting an Independent and Pluralistic African Press of 1991, the African Charter on Broadcasting of 2001, the Declaration of Principles on Freedom of Expression in Africa of 2002, the African Platform on Access to Information Declaration of 2011, and the African Union Convention on Cyber-security and Personal Data Protection of 2014;

Acknowledging the roles being played by many African and international organisations, including the African Union Commission, the United Nations Economic Commission for Africa (UNECA), the NEPAD Planning and Coordinating Agency and UNESCO, in promoting access to and use of the Internet in Africa;

Mindful of the continuing efforts of international organisations and other stakeholders to develop principles that apply human rights to the Internet, particularly since the Joint Declaration of 2011 concerning Freedom of Expression and the Internet by the four Special Rapporteurs on Freedom of Expression: including the United Nations Human Rights Council resolution of 2012 on The promotion, protection and enjoyment of human rights on the Internet; the UN General Assembly Resolution of 2013 on The right to privacy in the digital age; the UN Human Rights Council Resolution of 2014 on The Internet and Human Rights; the United Nations Guiding Principles on Business and Human Rights; the Johannesburg Principles on Freedom of Expression and National Security; The Right to Share Principles, The Necessary and Proportionate Principles; and the Manila Principles on Intermediary Liability;

Concerned by the continuing inequality in access to and use of the Internet, and the increasing use of the Internet by state and non-state actors as a means of violating individual rights to privacy and freedom of expression through mass surveillance and related activities;

Aware that some individuals and groups – in particular women and girls, people with disabilities, ethnic, religious and sexual minorities, and people living
in rural areas – might be threatened with exclusion and marginalisation in relation to exercising their human rights in relation to the Internet and digital technologies;

Emphasising the responsibility of states to respect, protect and fulfil the human rights of all people;

Convinced that it is critical for all African stakeholders to invest in creating an enabling and empowering Internet environment that truly serves the needs of Africans through the adoption and implementation of this Declaration.

 

Herein Declare:

  • Principles

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    1. Openness
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    2. Internet Access and Affordability
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    3. Freedom Of Expression
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    4. Right To Information
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    5. Freedom of Assembly And Association And The Internet
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    6. Cultural And Linguistic Diversity
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    7. Right To Development And Access To Knowledge
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    8. Privacy And Personal Data Protection
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    9. Security, Stability And Resilience Of The Internet
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    10. Marginalised Groups And Groups At Risk
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    11. Right To Due Process
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    12. Democratic Multistakeholder Internet Governance
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    13. Gender Equality

Call to action

Call to governments and all other stakeholders

  • All African stakeholders, including regional and sub-regional bodies, national governments, civil society organisations, media institutions, and relevant technology and Internet companies, should:
    • Formally endorse this Declaration, the African Declaration on Internet Rights and Freedoms;
    • Use this Declaration to develop a deeper understanding of how existing human rights apply to the internet.
  • National governments in Africa, as principal duty-bearers, must respect, protect and guarantee the rights outlined in this Declaration, including by:
    • Ratifying and giving effect to all relevant international and regional human rights treaties on human rights related to protection of human rights on the Internet, through incorporation to their domestic legislation or otherwise;
    • Adopting clear legal, regulatory, and policy frameworks for the protection of these rights, in full compliance with international standards and best practice, and with the full and effective participation of civil society and other concerned stakeholders at all stages of their development;
    • Providing sufficient safeguards against the violation of these rights and ensure that effective remedies for their violations are available;
    • Ensuring that national regulators in the telecommunications and Internet sectors are well-resourced, transparent and independent in their operations.
  • Pan-African and African regional organisations and institutions:
    • The African Commission on Human and Peoples’ Rights should establish a mechanism to promote and monitor Internet rights and freedoms in Africa.
    • The African Union should take the lead in creating a common African Programme of Action on Internet Governance, which will ensure that the rights of Africans on the Internet are promoted and upheld, and that African concerns are recognised in the global Internet governance regime.
    • Other relevant pan-African institutions should develop programmes to support national institutions (including national human rights commissions and the judiciary) to understand and protect human rights online.
    • The African Telecommunications Union should recognise and promote the access and affordability principle of this Declaration.
  • International organisations:
    • UNESCO should integrate the Declaration into its “Priority Africa” strategies. UNESCO should promote the advancement of social and cultural rights on the Internet as well as the use of local languages and local content online. UNESCO should also develop model laws protecting online freedom of expression and privacy.
    • The International Telecommunication Union should recognise and promote the Access and Affordability principle of this Declaration.
  • Civil society should:
    • Seek to increase public awareness of the importance of the Internet in the realisation of human rights;
    • Advocate for Internet rights and freedoms; monitor Internet laws and regulations; and highlight abuses, including in their reports to regional and international treaty bodies and other human rights mechanisms;
    • Communicate with the Special Rapporteur on Freedom of Expression and Access to Information in Africa on measures to uphold freedom of expression in relation to the Internet;
    • Encourage and monitor the participation of women and girls in all areas related to Internet development and governance.
  • Media organisations should:
    • Popularise this Declaration and the principles outlined in it;
    • Improve their own understanding of Internet issues and foster awareness about the importance of the Internet to all sectors of society, particularly among marginalised groups and disadvantaged communities.
  • All intermediaries should:
    • Internalise and apply the “Respect, Protect and Remedy” framework to fulfil their duties to uphold human rights, including in relation to the Internet and digital technologies.
    • Respect human rights to the fullest extent possible. For example, where faced with government demands which would violate human rights, companies should interpret government demands as narrowly as possible, seek clarification of the scope and legal foundation for such demands, require a court order before meeting government requests, and communicate transparently with users about risks and compliance with government demands.
    • Invest in online tools, software and applications that enhance local and intercultural content exchange, and simplify the exchange of information across language barriers;
    • Publish transparency reports on government requests for user data, content removal, network disruptions, and compliance rates on a regular basis. All company policies on privacy and data protection, including data retention rates and breach notification policies, should be translated to local languages and easily accessible on the company’s country-level website.
  • Technical communities should:
    • Innovate and develop open source software, open data, and open educational resources relevant to African users;
    • Engage actively in the multistakeholder processes that deal with human rights as well as Internet governance in Africa and provide policy inputs to Internet-related issues;
    • Ensure African participation in the development of open standards.
  • Academic, research and training institutions in Africa should:
    • Actively respect and promote the open standards of the Internet in terms of the technical architecture and design of the Internet;
    • Integrate courses on Internet rights and freedoms in their curriculum;
    • Promote and contribute to the development of local content, particularly content that fosters the use of the Internet by marginalised groups and communities;
    • Proactively engage in the generation of scientific evidence on Internet rights and freedoms in Africa;
    • Promote and participate in the reinforcement of Africa’s capacity to contribute content and expertise in global, regional and national Internet development and policy forums.

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