AFRICA MUST BRIDGE THE DIGITAL DIVIDE

Keynote address by IBRAHIM GAMBARI at the 2024 African Bar Association annual conference in Lusaka, Zambia

Before I get into the substance of my presentation, I wish to highlight my pleasure of being back here in Zambia, a place which I consider home. Zambia occupies a special place in my heart, especially for the crucial role the country played in the liberation of Africa and its immense contribution towards Africa’s independence and the respect for the rights and dignity of the African people.

My first ever visit to this lovely country was as Foreign Minister of Nigeria, in 1984 in the context of efforts to support the Frontline States. In fact, it is here in Lusaka that I first met with Oliver Tambo, President of ANC, before Mandela took over from where he found a home away from home here, at the time when South Africa was under the grip of the Apartheid regime. So, human rights and promotion of self-determination and political development first brought me here. My second visit also had to do with the promotion of inclusive democracy and human rights between 2016 and 2018 as the Commonwealth Secretary General’s Special Envoy to Zambia where I was asked by the Commonwealth SG to support political dialogue in Zambia. The sacrifices this country and other African Front-line States, including Nigeria, made to end minority rule on the continent, a crucial issue for the respect of human rights and dignity cannot be overemphasized.

The choice of Zambia as host of this event is therefore of great significance and it is important to use this opportunity to remember the father of the Zambian nation, H.E. President Kenneth Kaunda-KK, who played a critical role in shaping Africa’s humanist, philosophical and development agenda which we have a collective responsibility to continue building upon. It is an open secret that Africa is trailing other continents in terms of access to the digital world. Yet digital connectivity through ICTs has been identified as crucial for development and prosperity as highlighted in UN Agenda 2030 in SDG 9. Target 9 C: calls on countries to “significantly increase access to information and communication technology and strive to provide universal and affordable access to the internet in the LDCs by 2030”. Development is a fundamental human right in itself.

As the Chief of Staff to the immediate past President of Nigeria, I had the unique opportunity to witness how technology can be both a tool for empowerment and a barrier that exacerbates inequality within and between countries when access is unequal. During my tenure, the administration recognized the immense potential of technology to drive socio-economic development and, importantly, to safeguard fundamental human rights. This recognition led to the creation of the Nigeria Startup Act, signed into law in October 2022, which was designed to foster innovation by providing essential support structures for startups, tax incentives, and access to funding. Yet, despite the advances in the startup ecosystem and the benefits of such policies, we must acknowledge a stark reality: the digital divide continues to deepen, leaving millions of Africans disconnected from the opportunities that the digital economy provides.

As of 2022, only 40% of the African population had access to the Internet, leaving over 871 million people with the majority living in rural areas disconnected. The disparity between rural and urban access is stark: 64% of urban dwellers have Internet access compared to just 23% in rural areas. This digital inequality is not merely a technological issue but a human rights issue, as the lack of access to digital tools perpetuates socio-economic inequalities and restricts access to essential services such as education, healthcare, and democratic participation​. Afrobarometer has found that while most Africans own mobile phones, fewer than half own a mobile phone with internet access and fewer still with access to a computer.

This divide also disproportionately affects marginalized groups, particularly women. Globally, women are underrepresented in online spaces, with South Asia and Sub-Saharan Africa showing the largest gender gaps. In Africa, for every three men online, there are only two women. The implications of this divide on human rights are profound. Without access to the Internet, individuals are excluded from information that could improve their quality of life and exercise their rights. The digital divide limits access to healthcare through telemedicine, educational resources through e-learning platforms, and even economic opportunities through digital entrepreneurship. In regions with weak democratic institutions, access to the Internet can also empower citizens to hold their governments accountable, promoting transparency and good governance.

However, bridging this divide can unlock tremendous potential for growth and development. According to a 2020 report by the World Bank, closing the digital divide in Africa could increase GDP by as much as 2% per year across the continent. This growth could be driven by enhanced access to global markets, innovation in sectors such as fintech and agritech, and improved service delivery in education and healthcare.

In the recently concluded Summit of the Future at the United Nations headquarters in New York, world leaders adopted the Global Digital Compact which commits to enhanced global cooperation and capacity building based on the premise that every country must be able to access the benefits of technology. Furthermore, the Compact includes the very first truly universal agreement on international governance of Artificial Intelligence to give every nation a seat on the AI table. Implementation is now the key objective for measures to bridge the digital gap between Africa and other continents.

Technology is revolutionizing legal practice across all areas, from human rights to commercial law. The ability to file briefs electronically and access court documents online has significantly reduced delays in legal proceedings, making the system more efficient. Digital scheduling tools ensure smoother coordination of hearings, helping to avoid conflicts and improve case management. Remote legal consultations and virtual hearings have expanded access to justice, particularly for those in remote or underserved areas.

Moreover, AI-powered legal research tools and digital databases streamline the research process, while cloud-based document management systems allow for secure, collaborative access to legal files. Client Relationship Management software helps lawyers manage communications and administrative tasks more effectively. With advanced cybersecurity measures protecting sensitive client data, and Online Dispute Resolution platforms facilitating quicker conflict resolution, legal professionals can now deliver more timely, accessible, and secure services, enhancing the overall administration of justice.

As legal professionals, you are pivotal in this effort. By advocating for digital rights, ensuring adherence to international human rights standards, and crafting inclusive legal frameworks, you help pave the way toward a more equitable and connected digital future. The laws you craft, the cases you argue, and the policies you support can help ensure that every African, regardless of gender, geography, or economic status, can participate in the digital economy fully.

Indeed, to avoid a digital divide becoming entrenched, Africa needs to initiate proactive measures which will enable the continent take full advantage of the Fourth Industrial Revolution so as to boost economic prospects and respect for fundamental rights for the millions of its most youthful population. The prohibitive costs of accessing ICT services for a significant portion of our African population, especially in the rural areas highlights the sector’s lack of competitiveness and also undermines the development needs of the African population and thus the protection of its fundamental human rights.

 In closing, addressing the digital divide is not just about technology, it is about human rights. It is about ensuring equitable access to the tools and opportunities that can improve the lives of millions of Africans. Together, through strategic policies, legal advocacy, and collaboration, we can build a brighter, more inclusive future where no one is left behind!

Prof. Gambari is the Chairman, Savannah Center for Diplomacy, Development and Democracy, Abuja