African governments are using anti-state, false news and cybercrime laws in their attempts to silence journalists
A protester outside Nigeria’s National Assembly in Abuja, November 2019 April – June 2020
PHOTO KOLA SULAIMON/ AFP
Cameroon news anchor Samuel Wazizi, one of 39 journalists jailed in sub-Saharan Africa, according to the Committee to Protect Journalists (CPJ) latest prison census, has not been seen or heard of since the police detained him and handed him over to the country’s military in August last year. While the census is only a snapshot of those behind bars for their work on a single day – December 1 of each year – it is a tragically representative window into the tools used throughout the year by governments across the region, and globally, to arrest and prosecute journalists. From accusations of false news in Cameroon and Nigeria, terrorism in Rwanda, and colonial-era laws still used in Tanzania, to newly drafted legislation designed to muzzle media online, repressive governments are spoilt for choice. As a result, citizens are denied the right to diverse and credible information or to make informed decisions based on facts, rather than government propaganda or disinformation.
As Nigeria’s cybercrimes act shows, it doesn’t take long for governments to twist legislation ostensibly designed to ensure public safety to silence critics. Within a year of becoming law in 2015, Nigerian authorities arrested and charged several bloggers with cyberstalking for their journalism. Several years later, journalist Jones Abiri from Nigeria’s Bayelsa state is similarly on trial for cybercrime, as well as sabotage and treason. Abiri was first arrested in July 2016 and detained in secret without trial for more than two years with no access to his family or lawyers. His wife and sons feared he had been killed. It was only after local and international pressure that President Muhammadu Buhari’s intelligence service presented Abiri in court in July 2018. Two months later, a magistrate’s court in Abuja dismissed the case against him over a jurisdictional issue. A federal court separately ruled that the journalist’s rights had been violated and awarded damages. Abiri returned home to the city of Yenagoa to try to rebuild his life and resuscitate his newspaper, the Weekly Source.
The government, meanwhile, has yet to pay the court-ordered sum. Instead, it rearrested Abiri after six months and the journalist is back in federal court. Also charged with cybercrime and terrorism in Nigeria is Agba Jalingo, whose trial in the city of Calabar has been shrouded in secrecy since the judge ruled to limit the public’s access to the court room and granted anonymity to individuals expected to testify against him. It seems like harsh treatment for a journalist in jail simply for reporting on allegations of government corruption. Tanzania has similarly adopted a tough cybercrime law that is being used to try to silence journalists, opposition politicians and activists critical of the government of President John Magufuli. Among them is Maxence Melo, CPJ’s 2019 International Press Freedom Award honoree. Melo was detained and charged in 2016 under the country’s cybercrimes act and the 2010 electronic and postal communications act, two laws that he unsuccessfully challenged after his arrest.
He was charged, among other things, with managing a domain not registered in Tanzania and for refusing to disclose the identities of the users on his online forum and the breaking news website Jamii Forums. The cases have dragged on for three years with Melo appearing in court more than 137 times. Tanzania’s cybercrime act includes sections on criminalising false news. Over the past year, journalists Sebastian Atillo and Erick Kabendera have been held on charges that include accusations of propagating false news. Kabendera’s charges have since been changed to economic crimes in retaliation for his critical journalism. Amid heightened rhetoric about false news, particularly by United States president Donald Trump, CPJ has documented an uptick in the number of journalists charged with false news, from nine in 2016 to 30 by 1 December, 2019. The majority of cases are in Africa, brought by “strongmen” who include Egypt’s Abdel Fattah el-Sisi, Cameroon’s Paul Biya and Rwanda’s Paul Kagame.
Egypt tops the list with 21 journalists in jail for false news, followed by Cameroon with four, Rwanda with three and Nigeria with one. The only other country outside Africa with a journalist in jail for alleged false news is in Iran, according to CPJ’s census. Mimi Mefo, an award-winning journalist and former head of English news for the privately owned Equinoxe broadcaster, is arguably Cameroon’s most-high profile journalist to be detained on allegations of false news and cybercrime. Mefo’s November 2018 arrest and three nights in detention caused an international outcry and she was eventually released. The charges were dropped two days later on the orders of President Biya. However, that same year, four other Cameroonian journalists were sentenced to jail on anti-state charges and false news after reporting on Cameroon’s English-speaking minority’s push for greater autonomy.
One of them, Elvis McCarthy, was eventually released in December 2018, but the others – Mancho Bibixy, Tsi Conrad and Thomas Awah Junior – remain behind bars in the overcrowded Kondengui prison in Yaounde. This trend of criminalising and discrediting journalism has had consequences beyond the clear abuse of the rights of individual journalists. An Afrobarometer survey released last year found that for the first time across Africa, popular support for media freedom has dropped to under 50%. Tragically, this may help to explain the lack of outrage and solidarity from citizens in countries where governments continue to jail journalists and violate the right to media freedom. The spectre of journalists finding themselves charged with criminal defamation continues to haunt the region, despite at least five countries striking the law from their penal codes following the African Commission on Human and Peoples’ Rights 2010 resolution calling on member states to repeal criminal libel.
Courts in Kenya, Zimbabwe, Lesotho and Gambia have all ruled criminal defamation to be unconstitutional. And in Liberia, where the editor of Front Page Africa, Rodney Sieh, was sentenced to 5,000 years for criminal defamation in 2013 before he was later released amid international outcry, the government of George Weah finally repealed the law in 2019. Despite these successes, defamation remains a crime in several sub-Saharan countries. Journalists in Cameroon, Nigeria and Chad have all been jailed under laws inherited from colonial governments. While fewer journalists appear to have been arrested for defamation, the same cannot be said about anti-state charges like terrorism, treason, insurrection and sedition. Among those behind bars for allegedly trying to undermine state security are four Burundian journalists from the independent newspaper Iwacu, who were sentenced on 30 January this year to two-and-a-half years in prison and fined $530 each.
They were arrested in October last year, along with their driver, while on assignment in Burundi’s western Bubanza province. The group, who were travelling to cover unrest in the area, includes the only female journalists jailed in sub-Saharan Africa at the time of CPJ’s census: Agnés Ndirubusa and Christine Kamikazi. Similarly, Eritrea and Cameroon, the two worst jailers of journalists in the sub-region, continue to use anti-state charges to target independent press, with no regard for the rule of law or due process. Following a major crackdown on the private press on 18 September, 2001, Eritrean authorities rounded up several journalists and detained them in secret locations, with no access to their families or lawyers. No charges have been publicly disclosed in more than 18 years, during which time at least 16 journalists have remained in detention without trial.
Eritrean officials have offered vague and inconsistent explanations for the arrests, accusing the journalists of involvement in anti-state conspiracies or violating press regulations. For these reasons and more, CPJ has labeled Eritrea as the most censored country. Such lack of empathy, and disdain for the rule of law, has also been displayed in Cameroon’s refusal to disclose the charges against, whereabouts or health of Samuel Wazizi for more than five months. Little wonder that Wazizi’s family and colleagues fear that he has been killed in custody. After all, murder is the ultimate form of censorship.
Surveillance technology: used and abused
African states have been deploying surveillance capabilities to spy on and intimidate youth movements and activists
Egyptian army officers monitor local and
international TV stations and websites at the
military press office department in Cairo in
June 2012. Egyptians were voting in a run-off
presidential election, pitting an Islamist against
Hosni Mubarak, amid political chaos, highlighted
by uncertainty over the future role of the army.
Photo: AFP PHOTO/STR
On 20 August, 2016, a group of mostly young social media activists gathered at a property in the Burundi capital, Bujumbura, to discuss national political affairs. The political climate was tense in the central African country following brief, intense protests against the continued rule of long-time strongman Pierre Nkurunziza, politically motivated killings, repression of the media and an attempted coup the year before, in May 2015. As the gathering got under way, police swooped in and 46 of the activists, who had organised the meeting via the messaging app WhatsApp, were arrested. Eight of them were kept in jail for a while. “Police accused them of tarnishing the image of Burundi by spreading defamatory information against public authorities,” said a civil society activist, who spoke on condition of anonymity for fear of reprisal. “Before the arrest of those WhatsApp group members, the minister in charge of public security had issued a threatening statement against social media activists,” the activist told Africa in Fact.
“On 17 May, 2016, he said that those using social media tools to spread rumours should not feel safe; that security services have now acquired the capacity to monitor them, to locate them and arrest them.” The Burundian activist said that in the wake of the incident suspicions grew that the regime had acquired sophisticated digital surveillance capabilities to monitor and intercept the communications of citizens. As a result, with the traditional media sector, especially broadcasting, effectively captured or destroyed by the Nkurunziza regime, and with many journalists having fled the country and now operating from exile, a heavy culture of self-censorship enveloped the country, even on social media platforms. Since the youth-led uprisings that became known as the Arab Spring of 2011 that toppled authoritarian regimes across North Africa, indications are that many African governments have sharpened their communications and digital surveillance capabilities, especially seeking to clamp down on political expression on popular social media platforms that are primarily used by the youth.
In September 2019, the Uganda-based Collaboration on International ICT Policy for East and Southern Africa (CIPESA) Institute released its ‘State of Internet Freedom in Africa 2019’ report, which found: “The continued surveillance of the public, with limited oversight, in addition to the increased surveillance capacity of governments, and the interception of communication, including that of critics and human rights activists, threatens internet freedom. These measures have been coupled with regulatory control of the internet, including now widespread and restrictive measures such as censorship, filtering, blocking, throttling and internet shutdowns evident in several countries.” The report mentions that while most of the repressive surveillance practices uncovered were primarily perpetrated by authoritarian regimes – of which there are apparently 23 among the 55 African governments – even those countries classified as “flawed democracies”, such as South Africa, engaged in highly questionable surveillance activities.
Since 2011, countries such as Angola, Egypt, Ethiopia, Rwanda, Tanzania, Uganda, and the list goes on, have “weaponised” the internet and social media platforms through surveillance and repressive computer misuse, social media tax, and cyber security and terrorism laws. This has been especially noticeable following similar youthful outspokenness online like that which preceded and fuelled the Arab Spring. And some states have even gone as far as deploying troll armies and state sponsored disinformation campaigns – what the Oxford Internet Institute calls “organised social media manipulation campaigns” – to counter narratives on social media platforms that are perceived to be anti-government. In its September 2019 report, ‘The Global Disinformation Order’, the institute identified 10 African governments involved in or running “organised social media manipulation campaigns” – specifically, Angola, Egypt, Eritrea, Ethiopia, Kenya, Nigeria, Rwanda, South Africa, Tunisia, and Zimbabwe.
The growing spectre of harm and alarm represented by such tactics, and the increasingly pervasive nature of state surveillance practices, along with the very real threat of surveillance overreach and abuse – as well as the ease with which surveillance and hacking technologies can be acquired internationally – have given rise to a global climate of widespread repression before expression. This was flagged as a burgeoning global human rights concern by United Nations special rapporteur David Kaye in June 2019. The UN special rapporteur on freedom of opinion and expression, in a report submitted before the UN Human Rights Council (HRC), stated: “We live in an age of readily available, easy to abuse and difficult to detect tools of digital surveillance. In his groundbreaking surveillance report in 2013, the previous mandate holder, Frank La Rue, noted that weak regulatory environments had provided fertile ground for arbitrary and unlawful infringements of the rights to privacy and freedom of opinion and expression.”
Many of the examples of abuse and infringements that Kaye was referring to undoubtedly emanated from the African continent, where some of the more repressive and authoritarian, as well as some seemingly democratic, states have been active over the past decade or so in global digital surveillance technology markets and have been caught out engaging in murky and unlawful surveillance activities. One such country is South Africa. “There’s plenty of evidence that South Africa’s security agencies have put resources into monitoring and interfering with democratic formations, particularly during the Zuma administration,” says Murray Hunter, a surveillance researcher who formerly headed the influential Right2Know (R2K) campaign’s state surveillance monitoring project. “This includes civil society groups, student protest movements, dissident unions, and media organisations. “A few years ago, there was also reporting on a leaked SSA [State Security Agency] document that revealed the agency’s official national security estimates, i.e. what it perceives to be the biggest genuine threats to state security,” Hunter explains.
“As this report shows, the state was frankly and seriously anticipating an Arab-spring style uprising in the lead up to the 2014 elections. In other words, the state had reframed what many would consider to be legitimate and unrelated social protest as a potential existential threat.” South African civil society and the media have exposed such practices over the years and even taken the state to court. In September 2019, the investigative journalism initiative, the amaBhungane Centre for Investigative Journalism, supported by R2K and others, won a high court judgment that effectively scrapped the primary law enabling communications surveillance and interception, the notorious Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) of 2002. With SSA expected to appeal the high court decision, and the South African Police Service (SAPS) already having lodged an appeal, it’s unclear how the case will eventually end. But the decision reverberated around the world and has emboldened international calls for reform of state surveillance practices globally.
One country in particular need of reform is Zimbabwe, just north of South Africa, which has a long history of repression of legitimate dissent and political expression. While invasive state surveillance was already an uncomfortable fact of life for political activists and journalists up until then, since 2016 the situation has become much worse, according to political activist Henry Munangatire. He was one of the core organisers and strategists of the July 2016 #thisflag pro-democracy protest movement – run primarily via various social media platforms on mobile phones – spearheaded by young Zimbabwean pastor Evan Mawarire, who attracted a large youth following and international attention, as well as state harassment, intimidation and repression. Munangatire said that at the height of the #thisflag movement, which called on people to stay home in protest at the state of the country, state security operatives used the state’s communications surveillance capabilities to hunt down and imprison youth movement leaders, many of whom managed to evade capture and had to be smuggled out of the country.
“All of a sudden you had young people using this hashtag to talk about their economic and social situations, which at that point were a result of 36 years of corruption and mismanagement of the country by Zanu-PF,” he says. “The success of this movement culminated in building social media activism and on-the- ground activism, which, of course, led to the creation of other hashtags, such as #Mugabemustgo, which were created online and led to civil disobedience and people expressing discontent at the system. “So it was at that point that the Zanu-PF government realised it didn’t know what to do with the internet and they started crafting a cyber security Bill. And that Bill basically sought to criminalise the use of social media in politics and social activism, even if it is peaceful activism,” Munangatire says. He added that while the cyber security Bill had moved onto the back-burner since the 2017 military coup that removed long-time Zimbabwean dictator Robert Mugabe from office, it has since been revived by the Mnangagwa regime, which has pushed for its urgent enactment into law.
The Zimbabwe Cyber Crime, Cyber Security and Data Protection Bill was approved by the Mnangagwa cabinet at the beginning of October 2019 and has been sent to parliament for enactment into law. The Bill has already attracted criticism for its provisions that enable a clampdown on social media. The 34-year-old Munangatire said he lives under constant and invasive state surveillance and has been arrested twice for his political activities over the years. His experiences are unfortunately not isolated ones on the African continent. The warning signs for Africa are clear and everywhere, as articulated in the CIPESA ‘State of Internet Freedom in Africa 2019’ report: “While digital authoritarianism has been in existence for decades, it is clear that its use by authoritarian regimes to surveil, repress, and manipulate domestic and foreign populations is a tool of state control over their rights. If left unchecked, democracy and internet freedom will continue to regress.”
However, according to Hunter, the situation was not all doom and gloom. “While pervasive surveillance may be a fact, we should not assume that it’s an inevitable fact,” he says. “As societies, we need to raise the political and social cost of security-statist thinking. That means helping raise public awareness of the issues and the threats and the costs of surveillance. We can march for privacy, and vote for privacy, and debate and discuss for privacy, and pay for privacy and donate for privacy and design for privacy and litigate for privacy and legislate for privacy – and we should.”
Cyber crime: It’s a war
Cyber crime knows no boundaries and the perpetrators are constantly improving their capabilities
According to Ivory Coast’s police department in charge of cyber crime (PLCC) nearly 100 internet criminals were arrested in the country in
2018. The country is known for its Web scammers. Photo: ISSOUF SANOGO / AFP
Cyber crime cost Africa an estimated $3.5 billion in 2017 alone, according to pan-African IT business advisory company Serianu, but most countries don’t have the right legislation to defend themselves from – let alone prosecute – this new form of crime. The brutal war in Yemen provides a timely example of how what might appear to be a traditional regional conflict of the type far too common in Africa and the Middle East is also one being fought in a uniquely modern way using cyber warfare and drone attacks. The conflict between the Iran-backed Houthi rebels and a Saudi Arabia-led coalition backed by the United States, United Kingdom and France is brutally old fashioned, fought with guns, mortars and tanks, killing about 91,600 people since 2015 and displacing more than two million others, according to recent reports by the Armed Conflict Location and Event Data Project (ACLED) and the United Nations. But in two ways it is a very modern war; two Houthi drone strikes in September 2019 on Saudi oil facilities threatened 10% of the world’s supply, while cyber warfare is also a key part of this conflict.
Rebels also took control of Yemen’s internet service provider (ISP), Yemen Net, when they took over the capital, Sana’a, in 2015 – opening up “another front”, Allan Liska, a threat intelligence analyst at internet technology company RecordedFuture, said in an interview with Cyberscoop, an online media outlet for technology decision makers. But cyber war is not just part of an active conflict like Yemen; it is growing in Africa, too. “Cyber crime today knows no borders, and its technical capabilities are improving fast,” says Riaan Badenhorst, general manager at IT security consultants Kaspersky Africa. Moreover, cybercrime in Africa is increasing at an “exponential rate”, says Nozipho Mngomezulu, a specialist telecoms and internet partner at Johannesburg law firm Webber Wentzel. Quoting Serianu’s 2017 cyber security report, Mngomezulu says that in Africa cyber attacks hit Nigeria the hardest, with losses of $649 million, followed by Kenya with $210 million and Tanzania with $99 million.
Meanwhile, during that time, more than 95% of public and private organisations across the continent spent less than $1,500 a year on cyber-security measures, with SMEs in particular failing to invest. Mngomezulu noted that the Institute for Security Studies had found that South Africa was the target of 13,842 cyber attacks every day. “Cyber criminals currently see Africa as a safe haven, where they can conduct their operations without the fear of being held accountable,” she told Africa in Fact. “Cyber criminals view Africans as easy targets that can be easily manipulated. And most African countries are yet to catch up with the rest of the world insofar as cyber security is concerned.” Several African countries have also effectively shut down their own internet during times of crisis – including Zimbabwe, Cameroon and Chad – making it possible for repressive regimes to keep citizens from protesting, literally by cutting off their means to communicate. Social media such as Facebook, WhatsApp and Twitter, which are key channels for spreading information, are the most frequent targets.
In the past year WhatsApp, the messaging service owned by Facebook with over a billion users, has been “turned off” in several countries. Social media are also the most important avenues for the spread of disinformation. In September 2019 Google’s security team revealed that Apple phones had been hacked, apparently by the Chinese, to spy on the oppressed Muslim Uyghur population in that country. Not long afterwards, WhatsApp sued Israeli security firm NSO Group for attacks on about 100 users, mostly human rights activists, lawyers and journalists. Yemen has also seen a spike in malicious software, known as malware, although it is unclear whether cyber criminals intend them for espionage or criminal purposes. But “the intent for criminals to take advantage of people in a war zone, as well as nation states to do espionage … is there,” said Winnona DeSombre, a threat intelligence researcher at RecordedFuture in an interview with Cyberscoop.
One fearsome form of cyber crime with clear criminal intent is ransomware, in which hackers take control of computer systems and demand a payment to return control to their owners. In August 2019, Johannesburg’s city power utility was hacked with ransomware, while the city of Johannesburg itself was hit in October. The 2017 WannaCry ransomware attacks, which targeted several African countries, including South Africa, Nigeria, Angola, Egypt, Mozambique, Tanzania, Niger, Morocco and Tunisia, are thought to have hit 200,000 computers in 150 countries, and the total damage was estimated at between hundreds of millions and billions of dollars. A 2016 African Union Commission and Symantec report analysing cyber-security trends and governments’ response to them, found 34 out of the continent’s 55 countries lacked specific legal provisions to combat cyber crime, says Mngomezulu, citing also “weak infrastructure security, a lack of skilled human capital and a lack of awareness of the sector’s dynamics”.
“There is little sense of a cohesive strategy to fend off cyber attacks, little knowledge sharing, and certainly no cyber-defence capacity as part of national defences,” says Arthur Goldstuck, the managing director of South African-based researchers World Wide Worx. Meanwhile, the threat of ransomware remains as powerful as ever, while it also evolves in sophistication, says Badenhorst. Attacks on urban infrastructure, such as the recent ones on Johannesburg, are often worryingly successful, he added. They have a far-reaching impact on essential systems and processes and affect local businesses and citizens as well as the municipal or government authority itself. Kaspersky’s detection data shows that larger organisations, such as city authorities and enterprises, are the fastest growing target. The company monitored 194,803 ransomware attacks in South Africa alone in 2018. That was a 64% increase over 2017, according to the company. Meanwhile, attacks on the employees of large organisations surged 17.9% in the 12 months to May 2019.
“Phishing and malware continue to be relentless threats, leveraged by cyber criminals,” warns IBM’s Sheldon Hand, business unit leader at IBM Security, told Africa in Fact. Organisations must understand the need to educate employees about attempts to trick log-in details and other information out of them. “Unpatched vulnerabilities will continue to be exploited by attackers,” Hand adds, pointing to the need to continually update business cyber-security measures. Most African countries are “one ransomware attack away” from waking up to the need for defensive capabilities against these attacks, says Goldstuck. “The most commonly used tactic is to pray that nothing happens. However, prayer does not have a great track record in cyber security.” Meanwhile, the threat landscape is changing rapidly, with new cyber threats emerging every year. “Many organisations across all industries face unmanageable levels of threat, the risk of exposure, and an ever-growing attack surface,” says IBM’s Hand.
Retailers, particularly those with a growing online presence, continue to be vulnerable, while the finance and insurance industries are the most targeted, he says. Transportation services – including airline, bus, rail, and water forms of transport – are an increasingly attractive target for malicious actors, Hands points out, because of the industry’s reliance on information technology to facilitate operations, its ubiquitous need for integration of third party vendors, and its vast supply chain. All around Africa, at a continental level, “the lack of political urgency in enacting adequate cyber-security legislation is particularly worrying,” says Mngomezulu. Given the increasing sophistication of cyber crime and cyber warfare, and the general lack of sophistication around these problems in government and business circles, as well as among individuals, we all should be worried.
Small arms and light weapons: an African overview
State fragility and political instability continue to create an ever-increasing demand for small arms and light weapons
Arms and ammunition recovered from Boko
Haram jihadists are displayed at the headquarters of the 120th Battalion in Goniri, Yobe State in north-eastern Nigeria in July 2019. Boko Haram’s decade-long campaign of violence has killed 27,000 people and displaced about two million in Nigeria. The insurgency has spilled over into neighbouring Niger, Chad and Cameroon, prompting formation of a regional military coalition to defeat the jihadist group.
Photo: AUDU MARTE / AFP
Following the end of World War II, Africa’s period of independence induced euphoria and sense of the prosperity that would follow the decolonisation of Africa did not last long. The continent became part of the Cold War battlefield. The Cold War was essentially a clash of ideologies and economic models, with the traditional West and the Soviet-dominated East bloc competing to gain influence and expand and develop their overseas interests. Africa posed a tempting – and wealthy – prize to the winner. The continent has an abundance of natural and mineral resources, overseen by untested and weak governments, and also a range of strategic locations. During this period Africa was characterised by fragile and failed states, and virtually synonymous with wars and assassinations, coups d’état, civil wars, covert operations and destabilisation (Africa’s first self-orchestrated regime change occurred in Egypt in 1952, when the reigning monarchy there was overthrown).
As a result, the continent also became an uncontrolled dumping ground for military weapons and equipment, primarily from the now defunct East Bloc. But the problems did not end there. A rise in terror-inspired movements, transnational organised crime and acts of genocide followed the end of the Cold War. Along with collapsed economies and failing governance, government brutality and crackdowns have added to a rising sense of anger, discontent, and fear among many African populations. Any government is defined by the people involved and the institutions they adopt. The government is the direction-giving mechanism of the national trajectory, and it is responsible for the development and implementation of the policies that guide, direct, and safeguard that trajectory. Policies require action and implementation, but the continent’s governments have often failed to implement them – especially policies related to governance, security and stability.
This generates failed or fragile governments, which exploit tensions and conflict, incentivising armed criminal networks, anti-government movements and proxy forces, and allowing safety and security failures to gain traction. Given their political and social instability, many governments have strengthened their power bases and sought to improve the quantity and quality of their security forces. Often they have done so by making use of both regional and foreign government security services and equipment. Continuing instability has, additionally, led to an increase in the involvement of foreign governments and private business organisations providing governments with services that range from private security to military training and related services – often with little to no oversight. Conversely, anti-government movements have established their own militias and have armed themselves, sometimes by raiding government arsenals. Similarly, domestic and transnational criminal networks have been able to buy, steal, and sell weapons to further their criminality.
The often-glaring deficit in (multi)national intelligence and the inability of security forces to act pre-emptively have also incentivised anti-government movements and criminal groups, allowing them to act almost with impunity. Additionally, porous borders have enabled armed groups to act transnationally and find safe havens in neighbouring countries, enabling armed action against civilians and governments. Political fragility and instability, along with the erosion of national security, have led to an increased demand for weapons. For example, over the period 1990 to 2005, armed conflict cost Africa approximately $18 billion per year, according to a 2009 report by the Africa Faith and Justice Network (AFJN). The collapse of the Libyan government in 2011, for example, allowed criminals and jihadist movements to raid abandoned and uncontrolled Libyan government arsenals.
Large quantities of these weapons were moved across Africa, finding their way to groups such as Boko Haram (BH) in Nigeria (according to a captured BH member interviewed by the author in Nigeria in 2016), Harakat al-Shabaab al-Mujahideen (more commonly known as Al-Shabaab) in Somalia, and the Allied Democratic Force in the Democratic Republic of Congo (DRC). Similarly, weapons are being “lost” by law enforcement officers and military personnel on a frequent basis. In a recent case, a South African policewoman was found to have been “renting out” her service weapon to pay her debts. Available data on the proliferation of small arms and light weapons suggests that approximately 100 million weapons are available in Africa. It is, furthermore, estimated that 59% are civilian-owned, 38% in possession of government armed forces, 2,8% owned by law enforcement agencies and 0,2% in possession of armed groups, according to a February 2018 article on the AllAfrica website.
Civilians who do not choose sides or participate in violence or the small arms trade pay a heavy price for their governments’ lack of accountability and oversight of their light weapons and civilian firearms. Armed anti-government and criminal groups are able to recruit followers from a disgruntled civilian population – or coerce their cooperation. Ongoing instability and cross-border conflicts, along with armed organised transnational criminal groups, have increased the proliferation of small arms and light weapons. According to the UN Security Council’s report on small arms (S/2008/258, dated 2 June, 2009), “the dividing lines between underdevelopment, instability, fragility, crisis, conflict and war are increasingly blurred; the small arms issue is therefore intertwined with the security, development, and human rights preconditions for sustainable peace. Present-day conflict prevention, conflict resolution, and peace building require multi-dimensional interventions”, according to the AFJN report mentioned earlier.
State fragility and political instability in Africa continue to create an ever-increasing demand for small arms and light weapons by governments as well as anti-government forces and criminal networks. January – March 2020 47 Small arms and light weapons manufacturers and suppliers understand and exploit the links between political instability and the armaments market. The market space has opened up to illegal arms deals and the movement of arms by both legitimate and unscrupulous arms dealers. There is evidence that legally obtained arms find their way onto the black market, where they are sold to whoever needs them – or can afford them. Political instability and conflict have enabled private security companies (PSCs) and private military companies (PMCs) uncontrolled access in Africa. Typically, these companies have a number of roles, including offering private-sector security training and operations such as protecting high-value assets, critical industries and people. Other services include training law enforcement personnel and armed forces.
Many PSCs and PMCs abide by the laws of their hosts and work at making a positive impact, but some use the continent’s endemic instability and conflict to further their own aims. PSCs have been known to arm ill-trained personnel and to exercise little control over the weapons issued to security guards. “Misplaced” weapons usually go unreported. Meanwhile, an influx of small arms and light weapons is also due to governments evading the UN’s Programme of Action on Small Arms and its International Tracing Instrument (available on the UN Office for Disarmament Affairs site). This is particularly driven by governments aiming to expand their interests through armed conflict, either overtly or covertly. In addition to the illegal arms sales networks, there are links between the legal and the illegal trade where legally obtained arms are sold illegally. Anti-government movements, inspired by religion and supported by sectarian governments – frequently viewed as “rogue governments” – have resulted in a dramatic rise in sectarian violence, especially in North, West and East Africa.
These governments typically support regional anti-government movements in other countries, financially and morally, and by providing arms – evading UN arms controls where possible. These religious anti-government movements are gaining traction, spreading their tentacles southward as they do so. This means that the flow of weapons into previously stable regions has increased, creating ungoverned spaces controlled by armed anti-government movements. The recent deployment into Mozambique by the Russian PMC “Wagner Group” highlights the problems involved when a PMC is unprepared for its mission(s) and attacked by anti-government forces. Wagner Group members, working alongside Mozambique troops, were ambushed in northern Mozambique in late October 2019, according to a report on the Moscow Times website, and suffered numerous casualties. The antigovernment forces seized all of their weapons and equipment. Non-state actors have contributed significantly to the uncontrolled trade in small arms and light weapons.
Armed political opposition groups, secessionist movements, terrorists, criminal networks, transnational herdsmen and hunters and poachers have all added to the uncontrolled movement of this weaponry. These groups typically occupy ungoverned spaces or areas where there is little law enforcement, enabling them to use weapons to secure their own safety while exercising control over these areas and the people who live there. These groups often fund themselves by resorting to armed criminality. The proliferation of small arms and light weapons has become an impediment to the socio-economic development of many African states. Security policies, including policies aimed at controlling the flow and use of arms, cannot be implemented by fragile or failed governments. In some cases, policies are unimplementable, or make no allowance for managing and monitoring the proposed approach and legislation. Within this complex and dynamic environment, the oversight and control of small arms and light weapons are tasks that will continue to plague governments.
As noted, the lack of oversight has impacted on communities, countries and regional landscapes, resulting in a rise in armed criminality and endangering innocent civilians. It has, furthermore, prevented the delivery of economic, humanitarian and social aid, and contributed to the displacement of people and uncontrolled migration. As discussed, the uncontrolled movement and use of small arms and light weapons is indicative of poor or non-existent governance and a lack of effective security measures and policies. The proliferation of small arms and light weapons in Africa has direct, indirect, and consequential impacts on the human resources of the continent. Annually, thousands of innocent people, law enforcement officers and soldiers are killed or wounded by weapons in the hands of antigovernment groups and criminal gangs.
Governments that refuse to act decisively – and without dedicated and driven political will to improve governance, law enforcement and security – incentivise armed action against the state and against the populace. This lack of performance adds to the greed and illegality of unscrupulous arms manufacturers and traders. There is little doubt that small arms and light weapons in Africa will continue to proliferate if governments continue to neglect the politics and governance, and if they lack effective policies to reduce illegal gun control.
Nuclear weapons: the African view
African states argue that the total elimination of nuclear weapons is the only guarantee against their use or threat of use
Russian Foreign Minister Sergei Lavrov (L) flanked by South Africa’s former Minister of International Relations and Cooperation Maite Nkoana- Mashabane give a joint press conference in Pretoria in February 2013, where Lavrov said he expected the UN Security Council to agree on ‘an adequate response’ to a controversial North Korean nuclear test.
Photo: STEPHANE DE SAKUTIN / AFP
The climate crisis – the process of climate change – and its far-reaching and unprecedented challenge to all aspects of society, is often (and perhaps correctly) viewed as the defining issue of our time. At the same time, another threat to the future of humankind while not new, continues to haunt the majority of the international community – the possibility that nuclear weapons will be used either by design, accident or miscalculation. As Egypt told the UN General Assembly in October 2018, “rising levels of tensions at the global level coupled with rapid technological developments make the risk of intentional or accidental use of nuclear weapons at one of its highest levels since the Cold War era”. With the Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) due to take place in April and May this year in New York, this article focuses on African initiatives to bring about a world without nuclear weapons.
All too often, the role of African states in advocating for a world free of nuclear weapons is under-reported, or perceived as marginal, as they strive to cope with what some regard as of more immediate concern, namely: the alleviation of poverty, the provision of housing, education and health care and the illicit trade in small arms and light weapons. All African states, except for South Sudan, are party to the 1968 Treaty on the Non- Proliferation of Nuclear Weapons (NPT). This means that they have undertaken not to acquire or manufacture nuclear weapons. South Africa remains the only country to have manufactured nuclear weapons and then to take a unilateral decision to renounce and dismantle its nuclear weapons programme (an account of this is given in a 2014 book by Nic von Wielligh and Lydia von Wielligh- Steyn, The Bomb). The NPT, which came into force in 1970 and was extended indefinitely in 1995, is regarded as the cornerstone of the global nuclear non-proliferation regime. The NPT is designed to prevent the spread of nuclear weapons, further the goal of nuclear disarmament, and promote co-operation in the peaceful uses of nuclear energy.
The treaty defines two categories of parties – nuclear weapon states (NWS) and nonnuclear weapon states (NNWS). NWS are defined as the five states that detonated a nuclear device before January 1967 – China, France, the then Soviet Union, the United Kingdom (UK) and the United States (US). All other UN member states, which have ratified the NPT, are regarded as NNWS that have agreed not to manufacture or otherwise acquire nuclear weapons and, in accordance with the International Atomic Energy Agency (IAEA), to prevent diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. The five NWS, on the other hand, are obliged to pursue nuclear disarmament negotiations in good faith. The NPT entered into force some 50 years ago, and in 1946 the first UN General Assembly resolved to establish a commission “to deal with the problems raised by the discovery of atomic energy and other related matters” and to make specific proposals on the control of atomic energy and on “the elimination from national armaments of atomic weapons”.
Nevertheless, 14,000 nuclear warheads remain in existence today. Notwithstanding numerous attempts to ensure that the NWS fulfil their side of the “grand bargain” – to pursue disarmament – the states possessing these weapons continue to argue that it is within their rights to keep their nuclear arsenals for as long as the current global political and security conditions remain unfavourable. Some analysts argue that this seeks to legitimise their perpetual possession of such arms. Most NNWS, including African states, argue that the total elimination of nuclear weapons is the only guarantee against the use, or threat of use, of such weapons and that the very possession of nuclear weapons encourages nuclear proliferation. In 2004, the African Union’s Common African Defence and Security Policy identified “the accumulation, stockpiling, proliferation and manufacturing of weapons of mass destruction, particularly nuclear weapons, chemical and biological weapons, unconventional long-range and ballistic missiles” as common external threats to continental security in Africa.
African states, both individually and as members of regional groupings within the UN system such as the Africa Group, the Arab Group and the Non-Aligned Movement (NAM), continue to affirm the urgent need for the NWS to diminish the role of nuclear weapons in their security policies and to ensure the early entry into force of the Comprehensive Nuclear-Test- Ban Treaty (CTBT) as a meaningful step in the realisation of a systematic process to achieve nuclear disarmament. Besides Egypt, only the African states of Mauritius, Somalia and South Sudan have neither signed nor ratified this particular treaty. At the same time, it is also important to note that African states reaffirm their inalienable right to pursue peaceful uses of nuclear energy in terms of Article IV of the NPT. Their view is that states can be totally committed to the non-proliferation of nuclear weapons, while also recognising the developmental benefits that nuclear material and related applications provide.
International co-operation for the peaceful application of such material should therefore not be undermined in the quest to prevent the spread of nuclear weapons. The lack of urgency and seriousness with which nuclear disarmament has been approached in the NPT context led to the negotiation and adoption in 2017 of the Treaty on the Prohibition of Nuclear Weapons (TPNW). An April 2019 statement to the Security Council by Ambassador Jerry Matjila, South Africa’s permanent representative to the UN, reflects Africa’s position, namely that the very possession of nuclear weapons by some countries encourages nuclear proliferation by others and that “efforts to prevent the proliferation of nuclear weapons should be matched by an equal commitment by the nuclear weapon states to eliminate all nuclear weapons in a verifiable and irreversible manner”. The TPNW is the first legally binding international agreement to comprehensively prohibit nuclear weapons.
Proponents of the treaty portray this as a key step towards achieving a world without nuclear weapons, but many states possessing nuclear weapons and their allies have been highly critical of the treaty. These latter states have argued, among other things, that the TPNW ignores the increasingly complex international security environment and that it may negatively impact on the NPT and its review cycle mechanism. That is, they claim that the TPNW undermines the step-by-step approach to nuclear disarmament, including the movement towards entry into force of the CTBT. Nevertheless, the TPNW was adopted at the UN on 7 July, 2017, with the support of 122 states, including 42 African states. The treaty will enter into force once 50 states have ratified or acceded to it. As of 26 October, 2019, there were 79 signatories and 33 states parties. These states are of the view that the more complex the international security environment becomes, the higher the risk of the use of nuclear weapons – thus making nuclear disarmament more urgent.
Furthermore, given their catastrophic humanitarian consequences, nuclear weapons cannot be used in a manner consistent with the rules and principles of international humanitarian law. Nuclear weapons do not increase security, but rather undermine regional and international peace and security. South Africa ratified this treaty in February 2019. The “ratification… sends a positive signal of our continued commitment towards the achievement of a world free from the threat posed by nuclear weapons and ensuring that nuclear energy is used solely for peaceful purposes,” the then minister of international relations and co-operation, Lindiwe Sisulu, said. Her view expresses those of many African states. Another important example of Africa’s commitment to a world free from nuclear weapons is the African Nuclear-Weapon Free Zone Treaty (Treaty of Pelindaba), which was approved by African heads of state on 23 June, 1995 and entered into force in July 2009.
The Treaty declares Africa a zone free from nuclear weapons and provides for the promotion of co-operation in the peaceful uses of nuclear energy. It requires complete nuclear disarmament by African states and aims to enhance both regional and global peace and security. Basically, the Treaty of Pelindaba seeks to ensure that nuclear weapons are not developed, produced, tested or otherwise acquired or stationed anywhere on the African continent or its associated islands. Presently, the treaty has 41 parties with (only) 14 states still to deposit their instruments of ratification with the AU. Parties also pledge to prohibit the testing of nuclear devices and the dumping of radioactive waste, while improving the physical protection of their nuclear materials and facilities. Uniquely, the Treaty of Pelindaba also prohibits armed attacks on nuclear installations, including nuclear research or power reactors.
Protocols to the treaty are designed to ensure that non-African states respect the status of the zone and undertake not to use or threaten to use nuclear weapons against any African country. Only Spain and the US have not ratified the relevant protocols. Spain, while not a nuclear-armed state, is de facto in control of three territories within the zone – the Canary Islands and two coastal cities in Morocco, Ceuta and Melilla. Spain claims these are integral parts of the European Union and therefore should not be included within the African nuclear weapons free zone. Spain has also argued that the Treaty of Pelindaba does not contain any global nonproliferation or disarmament provisions that it has not already signed. The US leases Diego Garcia from the UK as a military base. Both the UK and the US argue that the British Indian Ocean territory cannot be included in the geographical area of the Treaty of Pelindaba.
The AU, however, considers the islands to be part of Mauritius. In February last year, the International Court of Justice in The Hague stated that the island was not lawfully separated from Mauritius and that the UK should end its control of the Chagos Islands in the Indian Ocean “as rapidly as possible”, according to the judgment. Parties to the Treaty of Pelindaba have established the African Commission on Nuclear Energy (AFCONE) to ensure compliance with the treaty. Hosted in South Africa, AFCONE’s overall goal is “to ensure safety, security and socioeconomic progress in Africa through coordinating, strengthening and developing continental nuclear peaceful applications programmes and playing a dynamic role in disarmament and non-proliferation affairs”. It therefore plays a key role in advancing the peaceful application of nuclear science and technology in Africa and in bringing much-needed support to states parties to fully benefit from nuclear sciences and technology applications in the areas of health, agriculture and energy.
Both the continued existence of nuclear weapons and climate change are existential threats to humanity. Africa contributes the least to global emissions and has forsworn nuclear weapons, but the continent cannot argue that both are now “northern” problems to be ignored by the “global south”. Africa shares in the responsibility to enhance international peace and security. As a Nuclear-Weapons-Free Zone and as supporters of the TPNW, African states have reinforced their commitment to global nuclear disarmament and non-proliferation objectives of the NPT and the CTBT.