On the sidelines of KICTANet’s Africa Tech policy Summit array of events, IAWRT Kenya had the opportunity to participate in the Advocacy Engagement on Digital Rights in Kenya and the Universal Periodic Review (UPR) side event, on Tuesday , 13th May.
This engagement aimed to enhance the capacity of various stakeholders and especially civil society organizations in the UPR process, which is a unique mechanism established in 2006 and that involves a review of the human rights records of all UN Member States, making Kenya a country of interest. While it is notable that strides have been made to promote human rights, most African countries are yet to fully achieve total freedom to even enjoy basic human rights both online and offline.
With the growing dominance of technology, digital rights have become an integral part of human rights. Broadly defined, digital rights refer to the rights humans enjoy online through the use of electronic platforms and tools. By virtue of being human rights, they must be respected, protected, and upheld by all.
Speaking at the meeting and referencing the SIFA 2024 report, Dr. Wakabi Wairagala, a researcher at CIPESA, highlighted a worrying trend -the decline of democratic governance across Africa and a corresponding rise in authoritarianism. According to the report, many African governments have increasingly employed repressive tools and tactics such as internet shutdowns, media censorship, surveillance, and regressive laws to stifle civic participation and democratic engagement. A recent example is the internet shutdown in Kenya during the June 2024 Finance Bill protests, which was widely seen as an attempt to silence dissenting voices.
The report further categorizes the digital rights landscape across the continent, noting that most African countries only ‘Partially’ enjoy these rights. Kenya and Uganda fall within this category, while countries like Sudan, Egypt, Ethiopia, and Rwanda are classified as ‘Not Free.’
A Glimpse into press freedom in Kenya
In Kenya, while media freedom is constitutionally guaranteed, its practical exercise faces numerous challenges. Speaking during this year’s World Press freedom Day, Kenya Editor’s Guild President, Zubeidah Kananu highlighted that ,despite the legal frameworks and right to press freedom, the country’s media landscape is marred by a growing culture of impunity, due to external pressures and government influence.
On the other hand, in the online space, AMWIK’s 2024 report highlights that the rapid shift toward digital platforms has not spared female journalists from the growing threat of Technology-Facilitated Gender-Based Violence (TFGBV)—a major concern in the realm of digital rights. The report reveals that this persistent online abuse has contributed to a culture of self-censorship and the normalization of such violence. Notably, 40% of survey respondents believe that TFGBV is not treated as a criminal offense, further entrenching impunity and silencing of affected voices.
In the most recent Universal Periodic Review (UPR) submissions, stakeholders raised serious concerns about threats, intimidation, harassment, surveillance, and physical assaults targeting journalists. These hostile conditions have led some journalists to self-censor their reporting out of fear of reprisals. Although there had been hope that previous recommendations on press freedom and the safety of journalists would be implemented, many remain unfulfilled. As a result, journalists continue to face deliberate attacks, both online and offline as seen during the 2024 Finance Bill Protests in Kenya.
Why the continuous participation in the UPR Process matters for press freedom and digital rights in Kenya
Key media stakeholders and CSOs participation in the URP holds the promise of liberating journalists from random online and offline brutality and holding the government accountable for their human rights commitments. This is a path toward real, systemic change. Key reasons why active participation in this process matters include to:
- Voice lived realities
Seaking during the panel discussion, Joy Christine from Center for Human Rights and Policy Studies (CHRIPS) , sensitized on the need to document and gather data in this process.The UPR process allows civil society actors, including media stakeholders to submit “shadow reports” that reflect the actual experiences of journalists on the ground. IAWRT Kenya has been up to task in this kind of documentation, with their Monitoring and Reporting Violations Against Journalists in Africa mechanism. This form of data collection in the form of storytelling is powerful as it personalizes data and gives evidence-based statistics, turning them into human rights narratives.
- Build and strengthen solidarity
The participation in the UPR brings Kenya’s press freedom challenges to the attention of other local stakeholders, donors, and international NGOs. A key objective of this meeting was to strengthen the broad-based coalition of civil society organisations, media, legal experts, and policymakers to advocate for the implementation of digital rights recommendations. Mitchelle Oyugi from Akina Mama Wa Afrika( AMWA), discouraged the silos mode of operation by CSO , and championed a unified approach for a strengthened voice and to bolster the advocacy efforts locally and even beyond.
- Safeguard journalists’ personal and professional lives
Journalists continue to face threats ranging from physical attacks and arbitrary arrests to online harassment. Participation in the UPR provides a formal, international mechanism to document these violations, ensuring follow-up and in turn pressure governments to improve journalist safety.
The participation of Kenya in the UPR process matters for press freedom and digital rights because it turns individual country struggles into public accountability. Previous contributions by stakeholders have provided journalists and media defenders not only with a global stage to speak truth to power, but also with the means to push for structural reforms.
In Kenya, the relentless participation of media actors in the UPR process has already yielded tangible results. From regional and international condemnation of repression to local reforms in policy and practice. To protect press freedom and subsequent digital rights, media stakeholders must continue to seize this platform to their advantage.
