ore international human rights conventions safeguarding the rights of women have led to the creation of instruments that would set the standard for the protection of women’s rights, as well as instill state obligations to combat all forms of discrimination against women–including online violence. Some of the rights and freedoms set forth by these instruments include, but are not limited to, privacy, freedom of expression and living a violence-free life both online and offline. In particular, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) explicitly analyzes and addresses digital gender-based violence against women through general observations, recommendations and rapporteurs, including Recommendation No. 35 of 2017 that outlines how these instruments are also applicable in cyberspace where the perpetration of violence against women is common.
In a bid to embrace equality, a global paradigm shift in women’s inclusivity has been witnessed in all socio-political spheres since the Beijing Platform for Action in 1995. Since then, opportunities for women’s inclusion are gradually increasing in science and technology, and Information Communication Technology (ICT) in particular has emerged as a tool for empowerment. In fact, SDG 5–which focuses on achieving gender equality–calls for support through ICT as an enabler of women’s empowerment. Similarly, platforms where women can generate income through social media influencing, content creation and e-commerce have increased in number. However, while digital platforms may act as a public sphere for women’s emancipation, they have a double effect of exposing the very same women to digital gender-based violence.
Unfortunately, the context of rapid digitalization has been exacerbated by the growth of artificial intelligence and furthered by systemic inequalities and biases that have introduced new forms of online violence, such as misogynistic hate speech, defamation, stalking, sexual blackmail, cyber bullying, and doxxing. With an increase in smartphone usage and Internet access in remote areas of Sub-Saharan Africa, for example, access to the digital world has become more widespread throughout the region. Despite this widening access to technology, however, there is still an even wider gender gap in Internet usage between men and women in the region which has contributed to the patriarchal nature of the society. In fact, a 2022 World Bank report highlighted that in 2020, 34% of the male population in Sub-Saharan Africa used the Internet as compared to 24 percent of their female counterparts. Therefore, although digital spaces have become a nexus of social, political and economic development for women, it has also manifested relational battles between women and men.
Even more concerning, the growth of the ‘manosphere’ has led to growing misogyny and sexism on various digital platforms. Generally, violence both online and offline leads to physical, mental and psychological trauma. However, digital gender-based violence is yet to be acknowledged by governments in Sub-Saharan Africa. In most states within the region, cyber violence has been normalized, creating a culture where online gender-based violence is inevitable. Yet so much emphasis is directed towards offline gender-based violence. In a study undertaken in 2020, it was found that 28% of female respondents in five countries located in Sub-Saharan Africa had experienced digital gender-based violence (UNGA Report A/77/302). Such studies show that there is a need for a more binding regional policy framework to be put in place through the African Union Commission, as well as a need for additional protocols to be made by the African Union Charter on Human and Peoples Rights.
Thus, state parties have an obligation to advocate for the prevention, investigation and punishment of any acts involving digital gender-based violence. In Kenya, for example, there is the Computer Misuse and Cybercrime Act that dictates offenses related to the unlawful use of computer systems. The act, however, implicitly refers to cyber violence, which is not sufficient enough in addressing all digital gender-based violence; even then, the interventions that exist focus on supporting the victim rather than punishing the perpetrator. Therefore, more domestic laws and institutions should be set up to monitor and address gender-based violence against women and girls online – and more importantly, these specific acts of violence should be covered by criminal law. Ultimately, judicial officers and law enforcement personnel need to be equipped with necessary training specializing in gender-based violence in order to conduct more efficient investigations and prosecutions of cyber violence.
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Gender Violence in Sub-Saharan Africa is Also Digital
Image via Adobe Photostock.
March 9, 2023
There has been significant progress in safeguarding the rights of women in recent decades, and digitalization has been a powerful part of that. However, rapid digitalization has also empowered increased online violence, especially in Sub-Saharan Africa, that cannot be ignored, writes Mercy Lagat.
C
ore international human rights conventions safeguarding the rights of women have led to the creation of instruments that would set the standard for the protection of women’s rights, as well as instill state obligations to combat all forms of discrimination against women–including online violence. Some of the rights and freedoms set forth by these instruments include, but are not limited to, privacy, freedom of expression and living a violence-free life both online and offline. In particular, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) explicitly analyzes and addresses digital gender-based violence against women through general observations, recommendations and rapporteurs, including Recommendation No. 35 of 2017 that outlines how these instruments are also applicable in cyberspace where the perpetration of violence against women is common.
In a bid to embrace equality, a global paradigm shift in women’s inclusivity has been witnessed in all socio-political spheres since the Beijing Platform for Action in 1995. Since then, opportunities for women’s inclusion are gradually increasing in science and technology, and Information Communication Technology (ICT) in particular has emerged as a tool for empowerment. In fact, SDG 5–which focuses on achieving gender equality–calls for support through ICT as an enabler of women’s empowerment. Similarly, platforms where women can generate income through social media influencing, content creation and e-commerce have increased in number. However, while digital platforms may act as a public sphere for women’s emancipation, they have a double effect of exposing the very same women to digital gender-based violence.
Unfortunately, the context of rapid digitalization has been exacerbated by the growth of artificial intelligence and furthered by systemic inequalities and biases that have introduced new forms of online violence, such as misogynistic hate speech, defamation, stalking, sexual blackmail, cyber bullying, and doxxing. With an increase in smartphone usage and Internet access in remote areas of Sub-Saharan Africa, for example, access to the digital world has become more widespread throughout the region. Despite this widening access to technology, however, there is still an even wider gender gap in Internet usage between men and women in the region which has contributed to the patriarchal nature of the society. In fact, a 2022 World Bank report highlighted that in 2020, 34% of the male population in Sub-Saharan Africa used the Internet as compared to 24 percent of their female counterparts. Therefore, although digital spaces have become a nexus of social, political and economic development for women, it has also manifested relational battles between women and men.
Even more concerning, the growth of the ‘manosphere’ has led to growing misogyny and sexism on various digital platforms. Generally, violence both online and offline leads to physical, mental and psychological trauma. However, digital gender-based violence is yet to be acknowledged by governments in Sub-Saharan Africa. In most states within the region, cyber violence has been normalized, creating a culture where online gender-based violence is inevitable. Yet so much emphasis is directed towards offline gender-based violence. In a study undertaken in 2020, it was found that 28% of female respondents in five countries located in Sub-Saharan Africa had experienced digital gender-based violence (UNGA Report A/77/302). Such studies show that there is a need for a more binding regional policy framework to be put in place through the African Union Commission, as well as a need for additional protocols to be made by the African Union Charter on Human and Peoples Rights.
Thus, state parties have an obligation to advocate for the prevention, investigation and punishment of any acts involving digital gender-based violence. In Kenya, for example, there is the Computer Misuse and Cybercrime Act that dictates offenses related to the unlawful use of computer systems. The act, however, implicitly refers to cyber violence, which is not sufficient enough in addressing all digital gender-based violence; even then, the interventions that exist focus on supporting the victim rather than punishing the perpetrator. Therefore, more domestic laws and institutions should be set up to monitor and address gender-based violence against women and girls online – and more importantly, these specific acts of violence should be covered by criminal law. Ultimately, judicial officers and law enforcement personnel need to be equipped with necessary training specializing in gender-based violence in order to conduct more efficient investigations and prosecutions of cyber violence.
