Promoting Online Civic Space in the Sahel Region

by Thobekile Matimbe

Background 

The incidence of crackdowns on free speech in the Sahel Region is concerning, with a glance at the historical context signalling underlying causes of digital repression and authoritarianism. The region has recorded several fluid political transitions, with numerous coups. Regarding regional cooperation of Sahel countries, some military governments in the Sahel have broken off from the Economic Community of West African States (ECOWAS), in particular, Burkina Faso, Mali and Niger signing their own cooperation through the Alliance of Sahel States (ASS). In view of this context, the region transcends a tough offline environment of military power, fragile peace and security, aborted regional cooperation and limited media freedom. The media are stifled at the hands of military juntas and violent extremism. This environment translates to a shrinking online civic space.

Opening Online Civic Space in the Sahel Region 

The United Nations (UN) Guidance Note on the Promotion and Protection of Civic Space defines civic space as an environment that enables people and groups – or “civic space actors” – to participate meaningfully in the political, economic, social and cultural life of their societies. It provides that civic space relies on formal and informal channels through which individuals engage and a vibrant civic space depends on an open, secure and safe environment that is free from all acts of intimidation, harassment and reprisals, whether online or offline. As articulated in the UN Human Rights Council Resolution on the promotion, protection and enjoyment of human rights on the Internet, a thriving civic space requires an open, secure and safe environment without barriers to fundamental rights such as freedom of expression, access to information and privacy. The incidence of an inability to transmit communications through online platforms suggests a throttled civic space, as in the case of the Sahel region. 

The African Commission on Human and Peoples’ Rights  Declaration of Principles on Freedom of Expression and Access to Information in Principles 5 and 6 highlight the importance of the exercise and protection of freedom of expression and access to information online and offline, calling on States to ensure protection of the media, human rights defenders and any other individuals or groups. In Principle 38, the Declaration calls on States to refrain from interfering with freedom of expression through means such as content removals online and internet shutdowns unless such interference is compatible with international human rights law and standards. Cases of internet shutdowns are unjustified, to date, as decisions in cases that have been filed before the ECOWAS Community Court of Justice have established that internet shutdowns violate freedom of expression and access to information. 

Internet Shutdowns

In recent years, the majority of countries in the Sahel and neighbouring region have experienced some form of government-mandated internet shutdown, often in times of protests or elections. All these countries fall short of promoting an open internet access through repressive legislation and State action. The attack on internet freedom results in human rights violations being hidden from the public domain and prevents victims from accessing justice and seeking accountability. The most common and inexhaustive forms of internet shutdowns in the Sahel region are predominantly during periods of political contestation, with a few incidents presented below. They are enforced under the guise of national security and curbing protests yet they cause more harm than good in the region, being motivated by their own political gain, aimed at curtailing the free flow of information and repressing dissenting views. 

The internet was shut down in Mali from 10 – 15 July 2020 during mass protests, with demonstrators seeking for political reforms, demanding the resignation of President Ibrahim Boubacar Keïta. Chad shut down the internet in 2021 and 2024 while in Niger, the government shut down the Internet following post-election violent protests on 21 February 2021. Burkina Faso noted internet disruptions in January 2022 following an alleged coup in the country. Senegal shut down the internet after the postponement of the presidential elections in 2024.  

The inexhaustive incidents above show a trend in internet shutdowns in a fragile region where conflict and political tensions heavily cloud online civic space. Activists are not free to exercise their political opinions or mobilise through social media platforms during internet shutdowns interfering with their civil and political rights. 

Forging Ahead

The ACHPR has highlighted in Resolution 580 on Internet shutdowns and elections in Africa that States should 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 online civic space is threatened by this common practice that seeks to shut off individuals in the region from engaging in political discourse. The ECOWAS court has passed decisions on Togo, Nigeria Guinea and Senegal stating that internet access is a derivative right, and internet shutdowns violate human rights, mainly freedom of expression and access to information. In transitioning from a conflict-laden historical past in pursuit of a democratic future, governments in the Sahel region should promote an open digital space by protecting fundamental internet freedom, refraining from internet shutdowns as a tool of repression.