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30Apr

Digital Space and the Protection of Freedoms of Association and Peaceful Assembly in Africa

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By Juliet Nanfuka |
As technology evolves, so do the ways in which society assembles and interacts. This is often accompanied with convenience and lower costs of communication which have a far reaching implications on how people acquire knowledge, do business, participate in governance processes and seek social, economic and political change. However, alongside this is the proliferation of affronts to the use of online tools including for freedom of association and assembly (FoAA), resulting in the need for consistent efforts to promote and protect these freedoms.  
On 21-22 February, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) alongside the International Center for Not-For-Profit Law (ICNL) and the Civil Society Reference Group (CSRG) hosted 35 civil society organisations drawn from 18 African countries to identify challenges to protecting the right to freedom of association and assembly in the digital age and develop recommendations and strategies to counter such threats.
The meeting which took place in Nairobi, Kenya served as a platform for representatives from academia, digital content creators, law-based and legal aid organisations, media, digital rights organisations, human rights organisations, trade unions, women’s rights organisation, youth empowerment and the LGBTIQ community to directly engage with the United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and of Association, Clément Voule.
Among the issues raised were the persisting digital divide; the proliferation of restrictive policies, laws and regulations; network disruptions; government surveillance amidst insufficient privacy and data protection; online violence against vulnerable groups including women and the LGBTIQ community; social media content moderation policies and algorithms; as well as increasing disinformation.
In July 2018, Uganda introduced a social media tax, while in August 2018, Zambia’s cabinet endorsed the introduction of  a daily tax on internet voice calls. Meanwhile, in July 2018, Egypt introduced a law that treats any social media user with over 5,000 followers as media outlets, thus exposing them to prosecution for publishing false news or incitement to break the law. Another form of online content regulation was utilised in Tanzania where a law was introduced in March 2018 which obliges bloggers, owners of discussion forums, as well as radio and television streaming services to register with the communications regulator and to pay hefty licensing and annual fees. Network shutdowns have also become commonplace, mostly happening around election times or during public protests.
The meeting resulted in the development of recommendations for States, internet intermediaries,tech companies, and civil society. These recommendations  formed the basis for an interactive consultation with UN Special Rapporteur Voule to inform his upcoming report on protecting freedoms of association and assembly in the digital era. The recommendations and strategies are also the foundation for continuing work, collectively and individually, on protecting fundamental rights in the digital space.
 

25Apr

CIPESA Executive Director Detained At Tanzania Airport – UPDATE

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Statement |
Dr. Wairagala Wakabi, the Executive Director, of the Uganda-based Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has been detained, upon arrival, at the Julius Nyerere International Airport in Dar es Salam, Tanzania earlier today. Immigration authorities have declined to state the basis of his arrest.
Dr. Wakabi had been invited to Tanzania to participate in the annual commemoration of the Tanzania Human Rights Defenders’ Day hosted by the Tanzania Human Rights Defenders Coalition (THRDC) on April 28, 2019. Under the theme  “Claiming and Protecting Online Civic Space for Promotion and Protection of Human Rights in Tanzania”, the event is to be preceded by a two-day workshop aimed at engaging civil society organizations, online journalists and human rights activists on how to safely use online platforms for promotion and protection of human rights.
According to lawyers from the THRDC, authorities have blocked their access to Dr. Wakabi, stating that he is under interrogation – the outcome of which will determine  whether he is granted entry into Tanzania or deported back to Uganda.
“We are currently at the airport following the matter. They have denied us access to him. We strongly condemned this untimely and unnecessary detention of our guest from our neighbouring country Uganda. We call upon all members of the East African Community (EAC) to condemn  this tendency of disturbing citizens of EAC when travelling within the subregion,” stated Onesmo Olengurumwa, the THRDC National Coordinator.
CIPESA is among the organisations nominated by THRDC to receive an award for is regional work in promoting human rights online to be handed out during the commemoration.
CIPESA condemns the detention of Dr. Wakabi and calls upon the authorities to unconditionally release him.
UPDATE: After hours of interrogation, Dr. Wakabi has been deported back to Uganda this evening. However, lawyers remained unable to establish the basis of the detention and deportation. They report that authorities denied him entry into Tanzania on grounds of “national interest”.

22Apr

Mapping the Impact of Digital Technology from Network Disruptions to Disinformation

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By Rocio Campos |

Signed by African journalists during a United Nations Educational, Scientific and Cultural Organization (UNESCO) seminar in May 1991, the Declaration of Windhoek is a statement of free press principles that led to the proclamation of World Press Freedom Day (WPFD) on 3 May by the UN General Assembly in 1993.  This year, the Global Network Initiative(GNI) is proud to join UNESCO, the African Union, and the Government of Ethiopia for the 26th celebration of WPFD in Addis Ababa under the theme, “Media for Democracy: Journalism and Elections in Times of Disinformation.”

On 3 May, GNI Policy Director Jason Pielemeier and representatives from GNI members the Committee to Protect Journalists (CPJ), Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Facebook, and the International Media Support (IMS), together with the Ethiopian journalist Abel Wabella will participate in the session: “Understanding Electoral Information Flows: Mapping the Impact of Digital Technology from Network Disruptions to Disinformation.” This workshop will build on an earlier colloquium organized by GNI and UNESCO titled Improving the Communication and Information Ecosystem to Protect the Integrity of Elections.

In 2019, 62 countries will elect leaders who will govern 3.28 billion people worldwide. Hence, it is paramount to understand the impacts of digital technology on information flows during elections and bring to the table the perspectives of different stakeholders.

Are Transparency and Access to Information Enough to Secure Free Elections?

According to UNESCO “Internet and digital technologies allow candidates a direct means by which to communicate with the voting public. However, some digital technologies used to influence people’s choices escape scrutiny — such as whether, for example, advertising complies with the rules of electoral authorities. Without effective access to information and transparency, the integrity and legitimacy of elections can be compromised. We need technology companies and governments that are more transparent, and that respect the rules and regulations of elections, in order to guarantee free and fair elections.”

GNI information and communications technology (ICT) company members face increasing orders from governments to disrupt networks and restrict access to Internet services. Such orders often take place during protests or elections with significant consequences for users and journalists around the world. GNI members (ICT companies, human rights and press freedom organizations, academics, and investors) work to counteract these trends and protect freedom of expression and privacy rights in a variety of ways. For instance, on the issue of network interference, Netblocks’ Internet observatory has collected evidence of blocking of a political party website in Pakistan in the 2018 election and CIPESA released a report that documents the relation between network disruptions and elections in Africa. Others like the #KeepItOn coalition have developed infographics guiding users on how to install Virtual Private Networks (VPNs) anticipating Internet disruptions, as seen in the Nigerian election last February.

Elections have also become the focus of disinformation campaigns, making online platforms vulnerable targets for the dissemination of divisive and false narratives. Multistakeholder engagement can play a key role to confront this evolving assault on the Internet affecting democratic processes. In July 2017, Google and Jigsaw unveiled Protect Your Election with free tools to help voters get accurate information in the Kenyan election.[1] In the U.S., Pen America recently released a report, which analyzes efforts to counter fraudulent news in the 2018 midterm election, stressing the importance of social media platforms, candidates and political parties stepping up efforts to keep fraudulent news from polluting the 2020 election cycle. Research centers like the Center for Data Innovation are discussing the use of Artificial Intelligence (AI) to fight disinformation in European elections, while organizations like Freedom House have developed tools that estimate Internet censorship, i.e., Internet Freedom Election Monitor.

GNI‘s session will take advantage of the expertise of panelists and participants to map the different ways in which digital technology impacts election-relevant information flows, as well as the inter-relationships between these impacts. The goal is to help policymakers, companies, elections administrators, elections observers, media, and other stakeholders identify and mitigate risks, improve planning and coordination, and enhance transparency around their efforts to support elections. Active multistakeholder engagement can play a key role to strengthen transparency and access to information and prevent them from being compromised during elections.

Don’t miss GNI’s panel on 3 May at 14:00–15:30 EAT and follow IMS’ @andreasr | Addis Zeybe’s @Abelpoly | CIPESA’s @ChewingStones | CPJ’s @muthokimumo ‏| Facebook’s @emigandhi | GNI’s @pielemeier #WorldPressFreedomDay

Relevant resources:

[1] See: Freeman, Bennett, Shared Space Under Pressure Business Support for Civil Freedoms and Human Rights Defenders, p.74
This article was originally posted here

11Apr

Senegal Fails to Prioritise Human Rights Online

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By Ashnah Kalemera |
Senegal’s diverse media landscape helps it to attain relatively high scores in international press freedom rankings. It is ranked 50 out of 180 countries in the 2018 World Press Freedom Index, up from 79 in 2015. The country’s Constitution guarantees the right to freedom of expression thus: “Everyone shall have the right to freely express and disseminate his opinions by word, written word or image or peaceful march, provided that the exercise of these rights shall not undermine the honour of and respect due to other persons, nor threaten public order.”
However, freedom of expression online is restricted under various legislation including the Penal Code, 1965, Law No. 14/2017 on the Press Code and Law No. 2011-01 which governs the telecommunications sector. In 2018, the Senegalese government moved to tighten its grip on online communication after parliament passed a law regulating the internet, a move justified as necessary to stem the spread of misinformation. These laws have facilitated the arrest and prosecution of critical journalists and artists, including for content published online.
Meanwhile, although the country has had a privacy and data protection law for over a decade, the enforcement authority – the Commission of Personal Data (CDP) – has not been able to sufficiently fulfill its mandate due to resource limitations. Nonetheless, several private and public actors continue to collect personal data in Senegal without any regulatory enforcement by the CDP. This is the case for mandatory SIM card registration implemented by the Regulatory Authority for Telecommunications and Posts (ARTP) through mobile telecom operators and linked to the national identity database.
Article 5 of the Press Code provides that journalists and the media have “free access” to information but there are exemptions such as where the information is a “defense secret” or relates to “secret investigations” or regulations applicable to access to some sites or structures. However, Senegal remains without an access to information law to facilitate citizens’ requests for information and proactive disclosures, and there are widespread calls for a law to be passed in order to promote transparency and accountability.
Meanwhile, low affordability and poor quality of service further hinder adoption of technology in an otherwise thriving sector. Mobile telephony, for example, now offers solutions for virtual financial services ranging from banking services to payment services. Further, leading money transfer application WARI, which was founded in Senegal and remains hugely popular, has been adopted in many countries in West Africa. In the agriculture sector, MLouma, which connects sellers and buyers of agricultural products, has grown from 1,000 to 75,000 users since developing a version which allows users without smartphones or the internet to access the service, as well as integrating a payment service.
As a United Nations (UN) member state, Senegal underwent her third cycle human rights assessment under the Universal Periodic Review (UPR) mechanism during the 31st session of the Human Rights Council in November 2018. Digital rights did not feature explicitly in the 257 recommendations made regarding human rights protection at legal and institutional level. However, up to seven recommendations made by France, Chile, Sweden, Peru and Greece related to media rights and free speech. These recommendations echoed those in previous reviews  that remained largely unimplemented.
As part of Internet Freedom and UPR advocacy efforts at the Human Rights Council, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Small Media, Jonction Senegal and the Senegal ICT Users Association (ASUTIC) made the following recommendations to UN members to consider putting forward to the Senegal delegation:

Key Issue/s Recommendations
Freedom of Expression
  • Amend Article 28 of the draft Electronic Communications Code to ensure judicial oversight over the regulator’s powers to impose any traffic management measures.
  • Reform press legislation, eliminating tough penalties for press offenses.
  • Uphold citizens’ rights to freedom of expression by discontinuing the practice of arrest and intimidation of critical journalists and artists.
Freedom of information and censorship of content
  • Provisions of the press code infringing freedom of information, notably Article 5, should be amended to provide clear definitions of information exempt from access by journalists. Meanwhile, Article 192 should be repealed.
  • Draft an access to information law in compliance with international human rights standards. The law should be drafted through participatory/consultative processes.
  • Reform the entire legal framework that restricts journalists’ freedom to inform or which promotes censorship, in particular articles 254 (Offense to the Head of State), 255 (False News),  and 258 (Defamation) of the Penal Code.
Equality and barriers to access
  • Take concrete and effective measures to lower barriers to access including extending rural infrastructure and promote a competitive industry to ensure easy and affordable internet access for underserved communities.
  • Enforce licensing obligations on telecommunications operators in order to improve the quality of service offered.
Right to data protection and privacy on the Internet
  • Take concrete measures for the effective implementation of Law No. 2008-12 of 25 January 2008 to ensure the protection of personal data.
  • Allocate sufficient resources (financial, logistical, and personnel) to the Personal Data Commission (CDP) to support fulfilment of its mandate
Freedom of creation and innovation
  • Prioritise funding and subsidies for digital literacy and innovation programmes

See the full advocacy brief here. French version is also available here.  
On March 14, 2019, Senegal accepted 229 out of the 257 recommendations it received in the  UPR assessment. A full list of the accepted and rejected recommendations is not yet available so it remains unclear whether recommendations accepted prioritise reforms to fully guarantee citizens’ rights – online and offline – to freedom of expression, access to information, and to privacy.
 

11Apr

Ethiopia’s Digital Rights Record on the Spot at May 2019 Universal Peer Review

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By Ashnah Kalemera |
Despite the promises and efforts made by Ethiopia’s new Prime Minister, Abiy Ahmed Ali, to transform the country after years of political repression and state control of major forms of media, the country is yet to experience substantive change in the state of digital rights.
Restrictions to freedom of expression, privacy, and access to information remain in force including through legislation such as the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the Telecom Fraud Offences law (2012). While the establishment of the Advisory Law Reforms Committee, with a mandate to review existing laws to bring them in line with human rights standards, is a welcome development, pledges to reform problematic legislation are yet to be delivered.
Meanwhile, since November 2015, the Ethiopian government has consistently blocked and initiated national or regional shutdowns during public protest and exams, on grounds of national security. Whereas access to affected regions was restored during reforms in early 2018, there were reports of a shutdown in the eastern part of country in August 2018.   
At its upcoming Universal Periodic Review (UPR) by the Human Rights Council scheduled for May 14, 2019, Ethiopia should be tasked to implement reforms that fundamentally promote and protect citizens’ rights both online and offline.

What is the UPR? It’s a full assessment of a country’s human rights. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

Such reforms should include the amendment of the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the 2012 Telecom Fraud Offences law to bring them in line with international human rights instruments on freedom of expression. Further, changes should be implemented to curb state surveillance of citizens, including by introducing independent judicial oversight over interception of communications.
In this UPR advocacy brief, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and Small Media analyse the state of freedom of expression, freedom of information, the right to equal access and opportunity, as well as data protection and privacy developments in Ethiopia since the previous UPR review in April 2014. We make recommendations for consideration by UN member states at the upcoming review of Ethiopia.
See the full brief. 

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