Right2Know Campaign

R2K Statement: UN Human Rights Committee to review South Africa’s record on surveillance and privacy issues!

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On Monday 7 March 2016, the United Nations Human Rights Committee will review of South Africa’s human rights record and its implementation of the International Covenant on Civil and Political Rights.

Article 17 of the International Covenant on Civil and Political Rights provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence as well as against unlawful attacks on his honour or reputation.  

Last month, R2K, Privacy International, and the Association for Progressive Communications submitted a joint report on surveillance and privacy issues in South Africa.

The report highlighted serious concerns about the state of surveillance in South Africa.

Our main concerns:

  • South Africa’s surveillance law, the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), is non transparent and open to abuse:
    The submission highlights RICA allows people’s communications to be intercepted without them knowing about it – even after the fact. This means that people who have been put under surveillance wrongly, as has happened to several investigative journalists, are not notified that their data has been collected through RICA. Telecommunications companies are also forbidden, under the Act, from revealing how often they give over their users’ information to the government. The requirement under RICA for all SIM card registration is also a point of concern.
  • The South African government has mass surveillance capabilities:
    The submission highlights that the  South African  government mass surveillance capabilities through an unregulated facility called the National Communications Centre. In 2008 a ministerial commission, The Matthews Commission, found that this facility was carrying out surveillance that is unlawful and unconstitutional. RICA does not regulate or make provision for mass surveillance, making these practices unlawful. Our submission also highlighted reports that South African authorities also have access to “Grabber” devices, which imitate cell phone towers and allow the mass collection of data from SIM cards in a certain radius. It is not clear if any regulations exist to protect these mass surveillance devices from abuse.
  • South Africa requires the mass collection and storage of people’s metadata:
    The submission highlights that RICA requires telecommunications companies to collect and store all users’ metadata for up to five years. This is a serious infringement of people’s right to privacy. We call for RICA to be reviewed to ensure that it is consistent with protections in the Constitution and that it covers all forms of interception, retention and analysis of personal data for surveillance purposes; and ensure that interception of communications can only be carried out with specific permission of a judge.  At the same time, the implementation of South Africa’s data protection law, the Protection of Personal Information Act, has been delayed. 
  • Draft Cybercrime and Cybersecurity Bill:
    The submission points out that the draft Cybercrimes Bill contains a range of measures which, if adopted, could threaten internet freedom and the right to privacy and freedom of expression. When the draft Cybercrimes and Cybersecurity Bill was introduced, R2K submitted a preliminary response that highlighted some of the problems with the draft Bill. We also launched an online campaign called #HandsOffOurInternet where a number of South Africans signed a petition demanding that the Bill be withdrawn.  
  • Evidence of government surveillance of political activists and journalists:

The submission points to mounting evidence that the South African government is has engaged in unlawful surveillance of journalists, political activists and human rights defenders. This is an infringement of their right to freedom of expression, peaceful assembly and association are respected and protected? Last year, R2K published Big Brother Exposed, a report that documents the stories of activists and community leaders who have been monitored and harassed by South Africa’s intelligence agencies, or people claiming to represent them.

  • Support of surveillance technologies: the case of VASTech:  Regulate the export of surveillance technologies by private companies based in South Africa, including by preventing the export of surveillance technologies where there is a risk they will be used to undermine human rights, or if there is no clear legal framework governing their use.

The submission makes a range of recommendations to the UN Human Rights Committee about steps that South Africa must take to strengthen the right to privacy in South Africa. These include:

  • Taking all necessary measures to ensure that South Africa’s surveillance activities conform to its obligations under the International Covenant on Civil and Political Rights;
  • Strengthening RICA to ensure greater transparency, better oversight and less room for abuse;
  • Introducing legal reforms to regulate mass surveillance practices;
  • Introducing stronger and more independent oversight of surveillance practices
  • Regulating the export of surveillance technologies by private companies based in South Africa, including by preventing the export of surveillance technologies where there is a risk they will be used to undermine human rights.

We strongly believe that it is crucial  for the South African government to uphold the values that underlie the International Covenant on Civil and Political Rights.

Stop spying on us!!!

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