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EDITORIAL: Use Espionage to Protect Citizens, Not Abuse Rights

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 24 July 2021.

July 24, 2021, marked a significant week in East Africa, as news broke that governments have been using the Israel-developed surveillance tool Pegasus to spy on their citizens and on each other. The revelation added to the already strained relations between Rwanda and its peers from Kampala and Pretoria, with Kigali denying the spying allegations.

While many commentators have focused on the implications of this development for regional and African integration, it is essential to consider the broader context. Espionage has been a normal aspect of state-to-state relations since ancient times, as evident in Greek mythology and the biblical Old Testament. In modern times, major powers have expected to spy on each other, particularly during the World Wars and the Cold War.

Governments have a duty to gather information to inform and execute policy effectively. The difference lies in whether the mission for espionage is hostile or benign. It is the responsibility of any nation-state to identify spies, determine their intentions, and craft an appropriate response strategy.

However, the use of spyware like Pegasus raises significant concerns about human rights and the potential for abuse of power. In the global North, governments have established safeguards to protect citizens from unwarranted interference in their lives. In contrast, poor resource-constrained countries may view spyware as a force multiplier, enabling them to gather intelligence beyond conventional methods.

As the world grapples with the challenges of terrorism and dissent, the use of Pegasus and similar tools must be carefully considered. While these tools can be essential in countering emerging threats, they are also vulnerable to abuse, particularly in regimes with weak or nonexistent respect for human rights.

NSO Group, the Israeli makers of Pegasus, argue that the technology is being abused by its customers. While this may be true, the company cannot escape moral responsibility for not choosing its customers more carefully. The sale of sophisticated military systems is often subject to strict regulations, and similar standards should apply to the sale of spyware.

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