Legal experts, citizens decry digital rights gap in South Sudan

South Sudanese citizens and legal experts are calling for greater commitment to digital rights, arguing they are essential extensions of fundamental human freedoms, while simultaneously highlighting the severe infrastructural challenges that limit their enjoyment across the country.

Bida Emmanuel defined digital rights as an extension of fundamental human rights into the online space. He identified these rights as encompassing freedom of expression online, the right to privacy and data protection, access to information and digital services, and protection against cybercrime and digital harassment.

“Digital rights are essential in allowing citizens to participate in modern society—whether through online education, civic engagement, or economic opportunities in the digital space,” he stated.

Bida affirmed that the Transitional Constitution of South Sudan guarantees key rights like freedom of expression and privacy, and noted that the country’s ratification of international treaties, such as the African Charter on Human and Peoples’ Rights, further upholds these digital freedoms.

Echoing this perspective, Peter Ajak Ayom defined digital rights as the individual’s “rights to access, use, create, and share digital content freely in a digital environment,” including internet access, online privacy, and freedom from censorship or surveillance.

On his part, Bol Yaach Kuany, an independent legal expert based in Juba, concurred, describing them as human and legal rights that allow individuals to access, use, create, and publish information on digital platforms, rooted in Chapter Two of the Transitional Constitution of 2011, as amended.

Despite the constitutional and legal frameworks, a consensus among the interviewees pointed to a vast gap between the guaranteed rights and the reality of access in South Sudan.

“The question of whether people are enjoying digital rights, or access to information infrastructure in South Sudan, remains a difficult question to be answered,” Kuany admitted.

He cited factors like unreliable electricity supply, governmental restrictions such as internet shutdowns or website blocking, and the absence of infrastructure in rural areas as key limitations.

Bida further provided a stark geographical contrast, saying digital services are mostly available in urban centers like Juba, where there is better access to electricity and mobile networks.

“In contrast, most rural areas face major challenges, including poor infrastructure, lack of electricity, and the high cost of internet services from providers like MTN, Zain, or Digitel,” he added.

Meanwhile, Ter Manyang Gatwech, the executive director of the Center for Peace and Advocacy (CPA), attributed the failure to fully implement a de facto right to internet access to a confluence of political control, legal ambiguity, and severe infrastructural challenges.

“Political leaders tend to ignore citizens’ needs, always due to the pretext that South Sudan is still a young country. The Internet is an absolute right, not a privilege,” he argued. “Some countries like Kenya are prioritizing the use of the internet among citizens to enhance their productivity, job opportunities, scholarships, fellowships, research, and innovation.”

Manyang urged the government to develop policies that expand digital infrastructure, such as fiber optics and rural connectivity.