Coalition Condemns Internet Disruptions Amidst #EndBadGovernance Protests

Attention:

Office of the National Security Adviser (ONSA)

Federal Ministry of Communications, Innovation and Digital Economy

Nigerian Communications Commission (NCC)

Association of Licensed Telecommunications Operators of Nigeria (ALTON)

We, the undersigned organisations, in the strongest terms possible, condemn the intentional disruption of access to the internet in Nigeria following protests that erupted in several states across the country on the 1st of August, 2024. This action constitutes an unacceptable breach of established norms and standards under regional and international human rights instruments to which Nigeria is a State party and must be halted forthwith.

A joint reading of investigative reports by the Foundation for Investigative Journalism fij.ng, Peoples Gazette, and individual measurements by netizens using internet measurement tools have revealed throttling of internet speed nationwide, aimed at slowing down information dissemination.

The weaponization of Internet disruptions and blocking or shutdowns during political unrest only exacerbates the underlying concerns of citizens. These shutdowns go against Chapter four of Nigeria’s Constitution that assures its citizens of their rights to freedom of conscience, expression, assembly and association.

Article 9(1) of the African Charter on Human and People’s Rights guarantees access to information as the right to receive information, a principle also upheld by Article 19(2) of the International Covenant on Civil and Political Rights.

Furthermore, disruptions create significant obstacles that damage free flow of information, which may in turn erode trust and increase the likelihood of hostilities and violence. Shutdowns also disrupt financial transactions, commerce, industry, labour markets and essential service delivery platforms. The government must note that the majority of its citizens are currently at home and need digital platforms to work and communicate. Disruptions such as this can lead to further apprehension and heating up of the polity.

In a suit filed to challenge the Twitter ban by the Nigerian government in June 2021, the ECOWAS Court declared that Nigeria’s seven-month Twitter ban was unlawful. The Court held that it violated the freedom of expression of people in Nigeria and required the government to take steps to ensure it does not repeat similar acts of censorship in the future.

As spelt out by Principle 37 of the Declaration of Principles On Freedom Of Expression And Access To Information In Africa, states must facilitate the rights to freedom of expression and access to information online and the means necessary to exercise these rights. They must also recognize that universal, equitable, affordable and meaningful access to the internet is necessary for the realisation of freedom of expression, access to information and the exercise of other human rights. Further to this Principle 38(2) provides that “States shall not engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population.” The government also failed to acknowledge or provide an explanation for the measures, including their legal basis and underlying grounds.

Furthermore, the Coalition calls on the government of Nigeria to adhere to the objective of the African Charter on Democracy, Elections, and Governance under Article 2(10) to promote the establishment of necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs. An open internet will ensure this compliance and the promotion of human rights under Article 4 of the Charter.

At uncertain times such as this, it is important to keep all communication channels open without disrupting and impacting quality of access. This is necessary to ensure citizens are able to communicate seamlessly and access accurate information about the state of things.

We call on relevant agencies of the government to respect citizens’ rights and immediately cease further disruptions of network services and attempts at future network shutdowns.

Signed by;