Advancing Rights in Southern Africa (ARISA)
The ARISA Program is seeking the services of a consultant to analyse the SADC Regional Legal Framework on Computer Crimes and Cybercrimes, and the implications of this framework on SADC citizens’ digital/online rights. The analysis will be anchored on three SADC Model Laws namely;
- The SADC Model Law on Computer Crimes and Cybercrimes;
- The SADC Model Law on Data Security; and
- The SADC Model Law on Electronic Transactions and Electronic Commerce.
TERMS OF REFERENCE (ToRs): Individual Consultancy- Review and Analysis of the Southern African Development Community (SADC) Legal Framework on Computer Crimes and Cybercrimes
|Call Title||Individual Consultancy- Review and Analysis of the Southern African Development Community (SADC) Legal Framework on Computer Crimes and Cybercrimes|
|Theme||Media Freedoms and Digital Rights|
|Location||Johannesburg (Consultant can be home based)|
|Type of Contract||Individual Consultant|
|Duration of Assignment||30 Days|
With support from USAID, the PROGRESS Consortium is currently implementing a five-year Advancing Rights in Southern Africa (ARISA) Program, aimed at improving the recognition, awareness, and enforcement of human rights in the Southern African Development Community (SADC) Region, including the protection of the region’s most vulnerable and marginalized groups.
Based in Johannesburg, South Africa, the program is led by Freedom House in collaboration with its partners—American Bar Association Rule of Law Initiative (ABA/ROLI), Internews, and Pact—and works in select SADC countries to:
- Improve the enabling environment for the promotion and protection of human rights;
- Strengthen the capacity of regional and local civil society actors to seek redress of rights violations;
- Increase public demand for improved rule of law and human rights protection; and
- Foster South-to-South communities of practice for knowledge and resource sharing to advance efforts to address human rights violations.
To achieve the above objectives, the ARISA Program Team has identified 4 thematic human rights areas of focus namely;
- Women’s Customary Land Rights
- Indigenous Peoples’ Rights;
- The Protection of the Rights of Human Rights Defenders; and
- Media Freedoms and Digital Rights; under which the current assignment falls.
Computer crimes and cybercrimes legal framework
The digital space has altered communication patterns with online and social media becoming the preeminent arena for public communication and culture, often giving ordinary citizens a voice that they previously lacked. The emergence of e-commerce has also created business opportunities and convenience for citizens, whilst at the same time opening up the space for crime and the possibility of compromising citizens’ data security. Ultimately, Governments are compelled to enact legislation to govern the online and digital space in order to prevent crime and protect citizens. In the process, though, the online and digital rights of citizens must be similarly protected as the Governments enact these laws. The reality, however, is that many countries have either introduced or are planning to introduce cybersecurity laws that potentially threaten the rights to free speech, expression, association, access to information and privacy amongst others. Internet shutdowns in particular during elections and during public protests and demonstrations are becoming common place. State surveillance in cyberspace as well as private spaces is on the increase, limiting civic space for engagement and critical opinion, and further curtailing an enabling environment for such engagement. In addition, insult laws such as those meant to protect Heads of State and Government and other senior government officials from scrutiny and criticism have been invoked to limit public debate on social media regarding governance, democracy and human rights. Laws to protect the integrity of e-commerce have been used to prevent non-governmental organisations and human rights defenders from opening and operating bank accounts and from transacting, thereby curtailing their work. All these issues have brought to the fore the debate about the need for States to balance the regulation of the digital/online space or prevent online crime and the promotion and protection of citizens’ digital/online rights.
In light of the above concerns, the ARISA Program is seeking the services of a consultant to analyse the SADC Regional Legal Framework on Computer Crimes and Cybercrimes, and the implications of this framework on SADC citizens’ digital/online rights. The analysis will be anchored on three SADC Model Laws namely;
The SADC Model Law on Computer Crimes and Cybercrimes;
The SADC Model Law on Data Security; and
The SADC Model Law on Electronic Transactions and Electronic Commerce.
The consultant will be specifically required to:
- Evaluate the legal framework and its implications on SADC citizens’ digital/online rights;
- Assess the policy framework against similar international frameworks such as the AU Convention on Cybersecurity and Personal Data and the UN Convention on Cybercrime (Budapest Convention on Cybercrime) or any other relevant instruments; and
- Provide recommendations for both national and regional level interventions for the development of human rights centred computer crimes and cybercrimes laws in Southern Africa.
- Inception report detailing the consultant’s understanding of the assignment and the methodology to be employed to accomplish the task;
- Draft report identifying the gaps and challenges in the regional legal framework including the key human rights at risk of infringement and recommendations for appropriate and relevant legislative provisions; and
- Final report identifying the gaps and challenges in the regional legal framework including the key human rights at risk of infringement. The report should conclude with recommendations for the alignment of the regional framework with international human rights standards and best practices
- A degree in Law, Human Rights, Public Policy or Journalism. An advanced degree in any of these areas will be an added advantage;
- Demonstrated experience in legal and/or policy analysis in Southern Africa or in any of the countries in the region;
- Thematic expertise in the areas of digital/online rights, computer crimes and cybercrimes.
- Experience in legal drafting/legal writing will be an added advantage.
Qualified and interested candidates should send their expressions of interest, with the following attachments to firstname.lastname@example.org:
- A cover letter highlighting relevant qualifications, expertise and experience;
- A detailed curriculum vitae; and
- A detailed budget for the assignment.
For more about the SADC Lawyers Association, refer to http://sadcla.org.
To view other opportunities, refer to www.ngopulse.org/group/home-page/other-opportunities.