The Ugandan government has recognized the importance of the digital economy, with notable efforts made at building on the digitalization achievements of the country in recent years. However, despite the objectives of the Digital Uganda Vision, a multi-pronged strategy for the country adopted in 2019 to empower its citizens through universal inclusion, economic progress, poverty eradication, digital innovation, and digital government services, Internet access in 2022 stood at only 18% % – a mere 4% up from 2018. A major concern is the fact that the gap between women and men, and between urban and rural dwellers, has increased. This was at a time when demand for the Internet increased across the world as people sought to mitigate the risks associated with COVID-19 and the economic fallout of the lockdowns. The 2022 After Access Survey indicates that the main reasons for Ugandans being unable to access the Internet relate to a lack of awareness and knowledge of the Internet and the lack of affordable smart devices. Modeling of the After Access data across all African countries surveyed in the past indicates that the challenges correlate with low levels of education and income. It is for this reason that women, particularly rural women, are concentrated amongst the most marginalized.[1]
The Internet has become an essential tool for communication, education, commerce, governance, and the exercise of human rights. Recognizing its importance, the United Nations Human Rights Council (UNHRC), through Resolution A/HRC/20/L.13 of 2012, declared access to the internet a fundamental human right, asserting that the same rights enjoyed offline must also be protected online.2 This declaration aligns with Article 19 of the Universal Declaration of Human Rights (UDHR), which guarantees the right to freedom of expression, including the right to “seek, receive and impart information and ideas through any media and regardless of frontiers.” Similarly, the International Covenant on Civil and Political Rights (ICCPR) under Article 19 reinforces this principle, emphasizing that restrictions on internet access must be lawful, necessary, and proportionate.[2] However, while these international frameworks emphasize the significance of internet access, its realization in Uganda remains fraught with challenges, including restrictive government policies, high costs, digital illiteracy, and systemic censorship.
RelatedArticles
Access to the internet has become increasingly recognized as a fundamental human right, with its promotion playing a crucial role in advancing social, economic, and political development. However, with the growth of the internet, issues related to cybercrime, privacy, and data protection have surfaced, challenging both individuals’ autonomy and societal security. Cybercrime, including hacking and data misuse, threatens privacy and data rights. Robust legal frameworks are needed to protect individuals’ privacy and control over their data.[3] Recognizing data protection as an independent human right underscores the need to protect individuals in both physical and digital spaces. In the Ugandan case of Baguma-Mugarama v.
Uganda Revenue Authority,[4] the court acknowledged that the right to privacy is not absolute and can be limited under certain conditions, such as for criminal investigations. This balance between protecting privacy and ensuring law enforcement highlights the complexities of safeguarding both internet access and personal data. The case of R v Brown further underscores the challenges posed by modern surveillance technologies, which threaten individuals’ right to keep their personal information private. In the context of internet access as a human right, legal frameworks must evolve to protect individuals from both digital crimes and invasions of privacy, ensuring that the internet remains an open and secure space for all.
Therefore, any formality, condition, restriction, or penalty imposed must be proportionate to the legitimate aim pursued.[5] In Handyside v. the United Kingdom Judgement of December 1976, the court stated that tolerance and respect for the equal dignity of all human beings constitute the foundations of a democratic and pluralistic society. Hence, it may be considered necessary in certain democratic societies to sanction or even prevent all forms of expression that spread, incite, promote, or justify hatred based on intolerance…, provided that any formalities, conditions, restrictions, or penalties imposed are proportionate to the legitimate aim pursued. In Surek (no.1) v. Turkey 1999 (Grand Chamber), the applicant published two readers’ letters vehemently condemning the military actions of the authorities in their struggle for independence and freedom. The applicant was convicted of disseminating propaganda against the indivisibility of the State and provoking enmity and hatred among the people. The Court held that there had been no violation of freedom of expression. The Court noted that the impugned letters amounted to an appeal to bloody revenge and that one of them had identified persons by name, stirring up hatred for them to the possible risk of physical violence.
More so, a free and open internet plays a vital role in achieving global development goals, particularly the UN’s Sustainable Development Goals (SDGs). P De Hert and D Kloza, in “Internet (Access) as a New Fundamental Right: Inflating the Current Rights Framework?”[6] note that the SDGs emphasize international cooperation in areas like economic growth, peace, and social inclusion, all of which depend on reliable digital access. While Internet shutdowns present ongoing challenges, the global commitment to improving the accessibility and quality of online services marks progress toward universal Internet access. By leveraging the SDGs as a framework, governments and organizations can work together to ensure that internet access is upheld as a fundamental right, fostering greater global connectivity and human rights protection. The case of Yunus Lubega Butanaziba v MTN (U) Limited8
underscores the critical need for privacy and data protection in the digital age, illustrating how breaches of these rights can cause significant harm to individuals, such as distress and embarrassment. This aligns with the Sustainable Development Goals (SDGs), particularly Goal 16 (Peace, Justice, and Strong Institutions), which advocates for the protection of individual rights and ensuring access to justice, as well as Goal 9 (Industry, Innovation, and Infrastructure), which emphasizes the importance of secure and resilient digital infrastructure. The case underscores the crucial role of data protection in ensuring internet access, fostering trust, and supporting the achievement of Sustainable Development Goals in a secure, inclusive digital society.
Uganda’s domestic legal framework provides access to information, which is foundational to internet access. Article 41 of the 1995 Constitution of Uganda guarantees the right to access information in possession of the state, subject to national security and public interest exceptions. The Access to Information Act operationalizes this provision by setting guidelines for obtaining information from public bodies. However, these laws do not explicitly recognize internet access as a fundamental right, leaving the legal framework ambiguous. Courts have occasionally addressed digital rights concerns, such as in
Andrew Karamagi & Robert Shaka v. Attorney General,[7] where petitioners challenged state-imposed restrictions on online freedoms. Nonetheless, the legal position remains unclear, allowing for arbitrary governmental control over digital spaces. Regionally, the African Commission on Human and
Peoples’ Rights (ACHPR) has emphasized the importance of internet access in fostering democracy and human rights. The Declaration of Principles on Freedom of Expression and Access to Information in Africa (2019) asserts that states must promote affordable, equitable, and inclusive access to the Internet, prohibiting unnecessary restrictions. The East African Community (EAC), through the East African Communications Organization (EACO), has also advocated for harmonized ICT policies that promote digital rights. However, Uganda’s implementation of these commitments has been inconsistent, often contradicting regional human rights obligations.[8] For instance, during the 2021 general elections, the government imposed a nationwide internet shutdown, which violated the principle of proportionality in restricting access to digital platforms. Such actions undermine Uganda’s compliance with regional digital rights standards.
International jurisprudence has also shaped the discourse on internet access as a fundamental right. In
Anuradha Bhasin v. Union of India,[9] the Indian Supreme Court held that indefinite internet shutdowns violate constitutional rights and must pass a strict proportionality test. Similarly, in Amnesty
International Togo and Ors v. The Togolese Republic,[10] the African Court on Human and
Peoples’ Rights ruled that arbitrary internet shutdowns contravene the African Charter on Human and Peoples’ Rights. These cases provide persuasive legal reasoning that Uganda’s judiciary can adopt in digital rights adjudication. Despite these progressive rulings, Uganda’s government has continued to restrict digital freedoms, raising concerns over the extent to which the country has realized internet access as a human right.This coursework paper critically examines the extent to which Uganda has realized the right to access the internet by analyzing key aspects such as the legal and policy framework, affordability, digital inclusion, internet shutdowns, censorship, surveillance, and online freedom of speech. Additionally, it explores
Uganda’s ICT infrastructure development, the impact of taxation on internet access, and the country’s adherence to international digital rights obligations. By assessing these factors, this analysis
provides a comprehensive evaluation of Uganda’s progress and challenges in realizing Internet access as a fundamental right.
Uganda has attempted to incorporate digital rights into its legal framework, but challenges persist. In 2012, the United Nations (UN) declared access to the internet as a fundamental human right, emphasizing that the same rights protected offline must be upheld online, including the right to freedom of expression and privacy. This declaration aligns with Article 19 of the Universal Declaration of Human
Rights (UDHR) and Article 19 of the International Covenant on