The 38th session of the Universal Periodic Review: Improving digital rights protection in Namibia, Mozambique and Sierra Leone
The 38th session of the Human Rights Council (the Council) held from 3 to 13 May 2021. At the session, the human rights records of our UPRoar countries including Namibia, Mozambique, and Sierra Leone were reviewed through the Universal Periodic Review (UPR).
Since 2006, the UPR has been tasked with the assessment of human rights obligations of UN member states. The process, which is largely dialogic, addresses various thematic aspects of human rights based on international human rights treaties and how each State under review (SuR) has performed between four to five years. Since inception, the UPR has reviewed the human rights records of UN member states at least three times.
The various thematic aspects include women’s rights, children’s rights, rights of persons living with disabilities, protection of human rights during conflicts and many others. One of such nascent but crucial aspects of human rights is digital rights. Digital rights, also referred to as human rights online,. With respect to the UPR, these rights have been broadly categorised into four, namely freedom of expression and opinion; freedom of information and censorship of content; right to equal access and opportunity; and right to data protection and privacy on the Internet.
In total, Namibia, Mozambique and Sierra Leone received 268, 266 and 268 recommendations respectively. 30 recommendations focused on the right to freedom of expression, media freedoms, access to information, developing rights-respecting policies on data protection and cybersecurity and protection of journalists. Namibia, Mozambique and Sierra Leone received recommendations from 22 UN member states namely Spain, Latvia, Netherlands, Ghana, Greece, France, Czech Republic, Uruguay, USA, Sweden, Slovenia, Norway, New Zealand, Malawi, Italy, Ireland, Germany, Canada, Iceland, Bulgaria, Iceland, Austria and Australia.
During Namibia’s review which was held on 3 May 2021, it received three recommendations from Greece, Latvia and the United States with respect to digital rights protection. For Greece, it recommended that Namibia should ‘take concrete steps to improve the safety of journalists, investigate incidents of attacks on journalists and implement the United Nations’ Plan of Action on the Safety of Journalists and the Issue of Impunity.’ Latvia also recommended that Namibia should ‘promote and protect the right to freedom of expression and peaceful assembly, as well as media freedom and safety of journalists.’ Making a connection between fighting corruption and access to information, the United States recommended that Namibia should ‘prioritise fighting corruption by enacting an Access to Information law.’
Mozambique at its review on 4 May 2021 received the highest number of recommendations with respect to protecting digital rights from 22 countries namely Spain, Latvia, Netherlands, Ghana, France, Czech Republic, Uruguay, USA, Sweden, Slovenia, Norway, New Zealand, Malawi, Italy, Ireland, Germany, Canada, Iceland, Bulgaria, Iceland, Austria and Australia.
For example, with respect to the protection of digital rights, Bulgaria recommended that Mozambique should ‘ensure that the right to freedom of expression and freedom of press is respected including on the Internet space and maintain a positive environment for the work of independent media and journalists.’ In addition, both Canada and the Czech Republic recommended that Mozambique should ‘ensure the protection of freedom of expression provided for under international human rights law are reflected in the texts of new laws governing media and broadcasting and that they are respected in practice.’
The United States also made two recommendations with respect to Mozambique’s obligations to protect the right to freedom of expression and protection of the press. First, it recommended that Mozambique should ‘allow independent press and civil society access to report on conflict regions and uphold Mozambique’s domestic and international obligations and commitments to respect the freedom of expression including those of the members of the press.’ It also recommended that Mozambique should ‘investigate and hold accountable those responsible for violent attacks against members of the press.’
For its review which was held on 12 May 2021, Sierra Leone received six recommendations with respect to digital rights. With respect to the right to freedom of expression of sexual minorities, Spain recommended that Sierra Leone should ‘investigate the restrictions of the right to freedom of expression and assembly of LGBTI persons as well as harassment, arbitrary detention and other forms of violence against them.’
Latvia also recommended that Mozambique should ‘ensure the right to freedom of expression, freedom of assembly as well as media freedom.’ Netherlands equally recommends that Sierra Leone should ‘uphold the right to freedom of expression and refrain from criminalising the legitimate activities of human rights defenders and journalists by restricting their activities and rights including arbitrary arrests of journalists and human rights defenders.’ Ghana, France and Czech Republic also gave various recommendations on the need for Sierra Leone should ensure the right to freedom of expression of media practitioners and human rights defenders.
In summary, recommending UN member states and stakeholders pointed out to Namibia, Mozambique and Sierra Leone to ensure that they all optimise the use of their Universal Service Funds, improve the safety of journalists and human rights defenders while also carrying out stakeholder-driven media sector reforms.
In doing this, the SuRs are encouraged to take advantage of the opportunity provided for technical assistance through the UPR system for the implementation of the recommendations made to them. On the part of local stakeholders, they are also encouraged to work in collaboration with the SuRs in terms of monitoring and evaluation of the recommendations made especially towards the next review of countries in question.
