The power of collective action
Across Africa, citizens are mobilising to demand better governance, challenge inequitable policies, and amplify their voices in the public sphere. The recent peaceful protests in Kenya, dubbed as the #RejectFinanceBill2024 and the #EndBadGovernance2024 protest in Nigeria highlight the enduring power of collective action against oppressive systems. Central to these movements is the role of video documentation in capturing injustices, preserving the truth, and holding authorities accountable.
While the protests in Nigeria and Kenya had different outcomes, the protesters were not spared from violent repression by security forces. The Kenyan protest led to a successful overturn of the unpopular Finance Bill, while in Nigeria there has been no significant response to the demands of the protesters. Over the years in both Kenya and Nigeria and indeed across the continent, peaceful demonstrators have faced excessive force, including the use of live ammunition, tear gas, and water cannons. These harsh measures have resulted in casualties, deaths, and an intensified fear of state violence. During the 2020 #EndSARS protests in Nigeria, state forces brutally cracked down on unarmed protesters, including the tragic shootings at Lekki Toll Gate on October 20. Similarly, in Kenya, the 2023 demonstrations against the rising cost of living were marred by documented instances of killings and indiscriminate violence by security forces.
A unified authoritarian strategy requires varied tactics
Though African governments use different approaches to suppress dissent, the aim is often the same: silence protestors and prevent documentation of state violence. In both Kenya and Nigeria, authorities have employed tactics designed to deter the recording of police brutality. Protesters, journalists, and activists are often met with intimidation, physical violence, and targeted attacks aimed at preventing them from capturing the truth on camera.
Additionally, the weaponization of vague and repressive laws like the Cybercrimes Act in both countries has raised serious concerns. These laws are increasingly used to harass and criminalise citizens exercising their right to document misconduct by authorities. In Kenya, for example, Nairobi County Governor Johnson Sakaja’s order earlier this year to arrest citizens for filming law enforcement officers is a glaring example of the state undermining the right to record. This move created an atmosphere of fear, where people are hesitant to document police actions, thereby restricting the free flow of information and curtailing freedom of expression.
WITNESS: Defending the right to record
At WITNESS, we emphasise the critical importance of the “Right to Record”—the ability of ordinary citizens to film law enforcement and military personnel without fear of retaliation. This right is enshrined in international law, specifically in Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR), and has been further reinforced by the UN’s special procedures.
For many, recording is more than a method of expression; it is a tool of accountability. In an age where false narratives and “fake news” are used to discredit legitimate movements, the ability to capture and share video evidence is essential. Protecting the right to record is key to ensuring that the experiences of marginalised communities and activists are not erased or distorted.
The case of Catherine Wanjeri Kariuki
On July 16, journalist Catherine Wanjeri Kariuki was among several reporters covering the #RejectFinanceBill protests in Nakuru County, Kenya. Despite being clearly identified as members of the press, Kariuki and her colleagues were fired upon by a police officer from a Kenya Police-marked vehicle. Footage from the scene shows the police using a tear gas launcher and other weapons, including a model that fires rubber bullets or pellets.
Wanjeri sustained injuries, with pellets lodged in her left thigh. This incident highlights the ongoing risks journalists face when documenting protests, particularly in environments where the use of force is not only excessive but also unlawful. The firing on journalists violates both Kenyan law, as outlined in the National Police Service Act, and international standards governing the use of force and less-lethal weapons.
Protesters persevere in the face of repression
Despite the violent repression, protesters in Kenya and Nigeria found innovative ways to ensure their voices were heard. Livestreaming on platforms like Instagram and Facebook became a critical tool for sharing real-time evidence of police violence. Those live videos provided unfiltered accounts of events, countering state-sponsored misinformation and raising global awareness.
Social media played a crucial role in galvanising support. Protesters including influencers and activists used short, impactful videos to create civic awareness on the far-reaching provisions of the Finance Bill in addition to highlighting government failures drawing local and international attention to the cause. In Kenya, the innovative use of X Spaces as a platform for resistance was particularly inspiring. Users in the country leveraged X Spaces to mobilise, disseminate critical information about the protests, and pose challenging questions to their leaders. These spaces attracted upwards of 40,000 listeners at a time, with some government officials joining and responding to critical questions from the public. This strategic use of digital platforms enabled the protests to reach a much broader audience, amplifying their message effectively.
The role of internet access in preserving the truth
The accessibility of the internet plays a pivotal role in amplifying these recordings. Videos documenting police brutality or state misconduct rely on the internet to be shared widely and seen by the world. Yet, internet shutdowns have become a common government tactic to stifle the dissemination of protest footage. These shutdowns can take various forms, from blocking specific platforms and throttling bandwidth to full internet blackouts.
During the #RejectFinanceBill2024 protests in Kenya, the internet was throttled at some point as social media users reported slow connections to the internet and social media platforms , despite government assurances to the contrary. A similar pattern emerged during the #EndBadGovernance protests in Nigeria. Such shutdowns are calculated moves by authorities to limit real-time documentation and prevent the spread of evidence that challenges the official narrative.
Key lessons learned
The protests in Kenya and Nigeria offer valuable insights into the evolving role of digital tools and social media in grassroots movements. They demonstrate that the right to record is not just a legal right but a vital tool for advocacy and transparency. By capturing and sharing videos of police brutality, protesters were able to raise awareness and attract international solidarity.
Civil society organisations also have a crucial role to play in protecting this right. By offering legal support and raising awareness about the right to record, these organisations can empower citizens to exercise their rights without fear. Also, there is a need for the civil society to advocate for the enactment of a bill that explicitly protects the right to record. Collaboration and harnessing of synergies between civil society groups, activists, and the media is essential in building a united front against state repression.
Moving forward: The need for education and action
Ultimately, safeguarding the right to record requires a multifaceted approach. Citizens must be educated on their rights and trained in safely documenting and distributing images of state violence. This knowledge equips individuals to participate fully in civic life and hold authorities accountable.
However, education and legislation alone are insufficient. Authorities and law enforcement agencies must be held to higher standards of accountability. Upholding the right to record is not merely about respecting laws on paper—it requires concrete actions from governments to ensure citizens’ rights are protected and respected in practice.
In the end, the right to record is about power—giving it back to the people and protecting the truth in the face of authoritarianism.
Relevant resources
- This explainer video on the Right to Record provides insights from different contexts, featuring WITNESS’ staff perspectives.
- This podcast episode features journalists and other voices across Africa who share their lived experiences while exercising the right to record, how it helped expose human rights abuse and led to justice and accountability.
- Filming Police Brutality: A Guide for Protesters
- This blogpost on the Right to Record in Africa: Law versus Reality
- Visual investigation report by Mike Yambo of Nation Africa on sequence of events surrounding the Kenyan protests on June 25 2024