Cybersecurity and Cybercrime Laws in the SADC Region https://zimbabwe.misa.org In a nutshell, an HRBA puts emphasis on clearly defining the rights of right holders and corresponding obligations of duty-bearers; examining reasons for failure to realise some human rights objectives; and assessing the capacity of rights holders to claim their rights from duty bearers and develop strategies to enhance those capacities (AFDEC, 2020). It also entails using human rights standards and principles in monitoring and evaluation of outcomes and processes. Below are some of the key principles of the HRBA: Table 1: Key principles of the HRBA • Interdependence and interrelatedness: Human rights are by their nature symbiotic and interrelated. Each right has a contributory effect on other rights, which could be positive or negative. For example, the realization of the right to privacy can contribute to the enjoyment of freedoms of association and assembly. Similarly, the fulfilment of the right of freedom of expression could be dependent of rights such as the right of access to information and right to privacy. • Equality and non-discrimination: This principle is embedded in international norms and standards that all human beings are equal and dignity is inherent in every person. Discrimination should be prohibited, whether on the grounds of political, language, sexual orientation, religion, colour, ethnicity, gender, race, age or other opinion, national, social or geographical origin, disability, property, birth or other status, as acknowledged by human rights norms standards. • Participation and inclusion: The principle of participation underpins the essence of a HRBA. It is based on the notion that all people have the right to participate in the decision- making processes that affect their wellbeing and lives. The participation is also centred on the principle of non-discrimination and equality. For participation to be successful and effective, rightsholders require adequate and credible information. • Accountability and rule of law: The state has the obligation to protect human rights as mandated under international law and standards that states sign up to. They are answerable and must comply with human rights obligations. Duty-bearers are also answerable in the observance of human rights. Failure to comply should attract sanction and remedies for rights holders. The public and private sectors, such as the media, community, and civil society, are instrumental in holding the government accountable for not upholding their obligations. Source: AFDEC Data Protection Toolkit (2020) Closely connected with the human rights-based approach is the Necessary and Proportionate Principles as articulated by Access Now, Electronic Frontier Foundation, Privacy International and Association of Progressive Communications. The principles foreground international human rights law especially as it relates to issues like the protection of privacy, freedom of expression, and the rule of law. The principles outline how communications surveillance can be conducted consistent with human rights and can serve as a model for reform worldwide. 6