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07Jun

Rwanda’s Communications Regulator Dismisses Electoral Commission’s Directives on Suppressing Free Speech Online

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By Ashnah Kalemera |
The Rwanda Utilities Regulatory Authority (RURA), the body that regulates telecommunication services, has dismissed a statement by the country’s electoral body regarding vetting of social media posts by candidates in the upcoming elections. This principled move by RURA needs to be commended, and just like the authority has steadfastly held service providers to their licensing obligations and protected digital technology users’ interests, RURA stands well positioned to be the champion of the free flow of information and ideas online in Rwanda.
“The National Electoral Commission (NEC) has no mandate to regulate or interrupt the use of social media by citizens,” reads RURA’s May 31 statement. The authority goes on to state that as the body in charge of communications, it has not had any discussions with NEC on the matter and to “reaffirm the right of citizens express themselves on social media and other ICT [Information and Communication Technologies] platforms, while respecting existing laws.”
The statement by RURA follows a directive by the electoral body requiring that campaign posts by candidates, including text, photographs and videos must be sent to a team of analysts prior to publishing on Facebook, Twitter, YouTube, WhatsApp, Instagram or on candidates’  websites.
“The candidates will have to send their messages to our team 24 hours before the time they expect to post them – and then they give us another 24 hours to give them feedback,” a NEC official is quoted as having told journalists. The commission head stated that candidates risked having their social media accounts blocked if they failed to comply with the instructions. According to officials, NEC’s directive was “not censorship”, but rather, aimed at ensuring that “messages posted on social media are not poisoning people.”
The electoral body’s move deserves condemnation for infringing on free speech and aiming to curtail the free flow of information and opinion in the lead up to presidential elections scheduled for August 2017. Article 38 of the Rwanda constitution guarantees freedom of the press, of expression and of access to information. The Media Law of 2013 further extends these rights to the media, including online platforms, as provided for under Article 19.
Whereas these rights need to be respected at all times, it is especially critical to uphold them at election times to enable politicians easily reach out to voters and for citizens to have ample access to competing ideas so as to make informed choices of who to vote for as their leaders. This is why RURA’s dismissal of the electoral body’s overtures to curtail free expression online is particularly welcome, and yet there is need to work on other fronts to ensure that the country’s laws, and the practices of its institutions and leaders, promote free expression online.
Presently, there are gaps in laws such as the 2013 Media Law, the Penal Code, and the law on interception of communications which pose a threat to the online operations of media and civil society. Over the years numerous blogs and websites with content deemed critical of the state have been blocked Recent years have also seen some online publishers being arrested and charged, with some fleeing into exile. See 2017 report on Safeguarding Civil Society: Assessing Internet Freedom and Digital Resilience of Civil Society in East Africa.
Nonetheless, RURA’s statement is a positive development in the country that has put ICT at the forefront of its socio-economic development. As of December 2016, Rwanda had a mobile phone penetration rate of 79%, while internet penetration stood at 37%, according to RURA’s 4th quarter 2016 report.
In October 2015, Rwanda launched its ICT Master Plan – Vision 2020. Among the priority areas is improved ICT access especially via mobile. Meanwhile, Rwanda’s Universal Service Fund, which is aimed at extending connectivity to rural and underserved communities, is funded by up to 2% levy of operator turnover.
Meanwhile, the RURA actively enforces operator licensing requirements and regulations, and issues notices and penalties for non compliance with quality of service obligations. In June 2016 notices to MTN Rwanda and Airtel Rwanda, the operators were ordered to comply with obligations within 15 calendar days and submit to the authority short term implementation reports and in the longer term, implementation plans. The notice to MTN also stipulated a penalty of approx. USD 6,300 per day for “major network outage and service degradation.”
To fully realise the benefits of these initiatives, citizens need to be free to express themselves online and to have trust in using online tools and platforms without fear for their privacy and safety.
Established under the 2001 law governing telecommunications, RURA’s mandate was extended under a 2013 amendment to include “telecommunications, information technology, broadcasting and converging electronic technologies including the Internet and any other information and communication technology.”
 
 
 

06Jun

Growing the Conversation on Online Rights and Internet Measurement in Africa

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By Juliet Nanfuka |
Rising awareness of the role the internet can play in promoting democratic governance, economic prosperity, civic participation and social inclusion is increasingly driving discussions around Africa. A growing number of stakeholders is getting involved in discussions to address gaps in the realisation of the potential of the internet in progressing socio- economic development and justice.
Platforms such as the Internet Governance Forum gave birth to regional and national dialogues on the issues affecting internet governance and internet rights on the continent. Discussions on the technical management of the internet have been held by bodies like the Internet Corporation for Assigned Names and Numbers (ICANN) and the African Network Information Centre (AFRINIC).
Similarly, the Africa Internet Summit (AIS) currently taking place in Nairobi, Kenya has seen yet another convening of stakeholders to explore the current landscape of internet access and use in Africa. The annual multi-stakeholder conference allows key players in Africa’s internet industry to interact with the global Internet community.
This year’s summit is held at a time when Africa’s growing internet use is threatened by increasing affronts to the free flow of information online, including shut downs of the internet, social media and services such as mobile money. Up to 25% of Africa’s households have access to the internet, according to the International Telecommunications Union, and the average telephone penetration on the continent stands at 81%. But rising incidents of shutdowns, along with other curtails to free expression and privacy online, are getting more actors in Africa
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) will be sharing research insights and experiences on the relationship between internet infrastructure, privacy, surveillance and censorship in Africa.
To-date, there remains little data in this area which is fundamental to support advocacy for improved policy development for online rights in Africa. Currently, the true extent of interference in communications remains largely unknown and subject to speculation where there is limited evidence of interference at an internet infrastructure level.
During the AIS, CIPESA Executive Director Dr. Wairagala Wakabi presented on Tampering with the Open Internet: Experiences From Africa during which he shared insights from the 2016 report on the State of Internet Freedom Africa which forms the latest in the #InternetFreedomAfrica series of reports that CIPESA have released since 2014. Additional insights were shared during a panel discussion on Internet measurements and Internet freedom alongside Centre for Intellectual Property and Information Technology Law (CIPIT) and Small Media (UK) during which the digital resilience of civil society was also  discussed.
The discussions built on presentations made by Research ICT Africa and AFRINIC during workshops they hosted at the Summit.

See this Storify: Measuring the Internet (or continue to Storify below)

Meanwhile, CIPESA and the Association for Progressive Communications (APC) will host the Forum on Internet Freedom in Africa (FIFAfrica) in Johannesburg, South Africa on September 27–29, 2017 where there will be continuation of similar discussions including the cross paths of internet use, access, policy and online rights in the continent.
Share your thoughts and opinions online using #InternetFreedomAfrica

The African Internet Summit (#AISKenya) taking place in Nairobi has raised various arguments for the measurement of internet infrastructure in Africa. The current internet landscape features various forms of online interruption, some of which go unnoticed due to the absence of measurement.
https://storify.com/cipesaug/measuring-the-internet

25May

Zambia’s Mixed Record on ICT Access and Free Expression Online

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By Ashnah Kalemera |
The first-ever Lusaka Internet Forum (LIF17) was hosted in Zambia’s capital on May 10-11 as a platform for discussing the various factors impacting internet use in the country, particularly in driving agricultural sustainability, gender equality and freedom of expression online.
The southern African country presents a mixed record: ICT access is growing (a mobile phone penetration rate of 75% and internet penetration rate of 32%), but is undermined by high data and voice usage costs that entrench the digital divide between men and women and between rural and urban areas. Moreover, while the country is investing in extending services to rural and underserved areas, national laws largely undermine free expression and the communications regulator is criticised for undermining citizens’ rights to free expression.
In the last two decades, Zambia has recorded some firsts on internet use – both positive and negative. In 1996, one of the first documented acts of government censorship of online content in Africa happened when Zambia’s government ordered the take down of content from the online edition of The Post newspaper, after threatening to prosecute the country’s main Internet Service Provider (ISP), Zamnet.


The content was banned under the Preservation of Public Security Act for allegedly containing a report based on leaked documents that revealed secret government plans for a referendum on the adoption of a new constitution. A presidential decree warned the public that anyone caught with the banned edition, including the electronic version, would be liable to prosecution.
Since 1996, a number of interruptions to online communication have been reported. Access to some online news outlets, such as the Zambia Watchdog, has been blocked at different intervals, particularly between 2012 and 2014, over publication of content critical of the government. This alongside physical intimidation, arrests and seizure of devices such as journalists’ laptops and mobile phones. Meanwhile, in August 2016, internet connectivity interruptions were reported during the election period but these could not be verified as deliberately orchestrated by the state or service providers.
Despite these affronts to freedom of expression, in 2014 Zambia was the first African country to implement Facebook’s Free Basics initiative that allows users to access prescribed sites without the need for data. Ongoing initiatives by the Zambia Information and Communication Technology Authority (ZICTA) to promote access include the establishment of ICT training centres, acquisition of equipment for ICT-based learning and examinations under the education ministry, and the development of a computer assembly plant.
This mixed record on ICT access and internet freedom formed the backdrop of the discussions at LIF17, during which participants cited gender barriers, high illiteracy and poverty levels, and high data costs as undermining internet use in the country.


Some participants stated that the country’s laws appear to target curtailing citizens’ rights, and faulted the regulator for lacking independence and failing to protect users from abuses by service providers and government agencies such as the police. “Let’s use the laws progressively not to block access to information or to [unjustifiably] control how the media work,” said a blogger. He noted that the ICT Act of 2009 does not speak to current realities, with some of its provisions criminalising freedom of expression.
There are also widespread perceptions of unwarranted surveillance of citizens’ online communications. The right to privacy is threatened by the mandatory registration of SIM cards provided for under the ICT Act and the Statutory Instrument on the Registration of Electronic Communication Apparatus of 2011. Registration requires subscribers to provide their personal details and identity cards, in the absence of a data protection and privacy law.
The Electronic Communications and Transactions Act of 2009 provides for lawful interception of communications upon issuance of a court order, and online monitoring of information in the public domain. Nearly 15 years since tabling a draft freedom of information bill, it is yet to be enacted.
Meanwhile, activists criticised the Independent Broadcasting Authority (IBA) director general for misusing their extensive powers to curtail media freedom. Last August, the IBA suspended the broadcasting licences for Muvi TV, Komboni Radio and Itezhi Tezhi Radio for “unprofessional conduct posing a risk to national peace and stability”. Activists also reported increasing attacks on individuals who use radio and TV stations to voice opinions critical of the government.
As such, following the LIF17, CIPESA led an ICT policy training workshop for human rights defenders, activists, media and social media enthusiasts to increase their understanding of relevant ICT policies in Zambia and how these affect human rights online. The workshop entailed developing their strategies in advocating for a free, open and secure internet through the innovative use of both traditional and new media.
During the training, participants were taken through mechanisms for policy engagement such as stakeholder submissions, the analysis of bills and continued activism and campaigns online including through documentation and reporting of internet freedom violation incidents.


LIF17 was organised by the Swedish Embassy in Zambia and partners including the Zambia Governance Foundation as a satellite event in the lead up to the Stockholm Internet Forum. Thematic sessions on agriculture, gender, and freedom of expression were hosted by the technology innovation hub Bongo Hive, the Asikana Network, the Swedish Programme for ICT in Developing Regions (Spider) and CIPESA.
Read more about internet freedom in Zambia in CIPESA’s State of Internet Freedom in Zambia 2016 report.
CIPESA’s work in Zambia is supported by AccessNow and the Mozilla Foundation.
 

22May

CIPESA Presents Proposals on Access to Information Law to Uganda Parliament’s ICT Committee

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By Juliet Nanfuka |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has met members of the ICT Committee of the Parliament of Uganda and presented proposals for more effective implementation of the Access to Information Act of 2005 and for amendments to this law in order to enhance citizens’ access to public sector information.
During the April 7 engagement, it emerged that the access to information law remains largely unknown, misinterpreted and unimplemented, thus fueling the gap in the amount of information held by the state available to citizens. Consequently, civic participation in governance, monitoring of service delivery as well as transparency and accountability in government, is undermined.
In 2005, Uganda enacted the Access to Information (ATI) law which granted citizens the right to access information held by the state. However, in the 12 years that have since elapsed, there are few cases to show utilisation of the law by citizens, and indeed the state.

Article 41 the Uganda constitution, states: “Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.”

Mary Paula Turyahikayo, chairperson of the ICT Committee, said the committee has worked to ensure that the necessary laws and infrastructure such as the national backbone infrastructure (NBI) project are in place to enable more citizens to access the internet.
Despite these measures, citizens’ access to vital information remains a big challenge, with the access to information law hardly implemented.


The ATI law requires every minister to make an annual report to parliament on the number information requests they received, indicating granted or rejected requests and reasons for rejection. However, no ministry has ever presented such a report. Moreover, at a workshop held last March for government information officers, it emerged that many of them are not aware of this obligation.
Silas Aogon, the Member of Parliament for Kumi Municipality, noted, “We have never seen any report to parliament on how the MDAs [Ministries, Departments and Agencies] are giving information to those who want to access it.  I had never thought about asking for it until now.”

On March 15 and 16, CIPESA hosted 12 Information Officers from 15  MDAs in a dialogue on some of the challenges faced by MDAs to implement ATI and training on the use of the online information portal www.askyourgov.ug.  This was followed by a workshop on April 7 during which a position paper on the Right to Information in Uganda was presented to Members of Parliament on the ICT Committee. The meeting was attended by 17 individuals including seven MPs, six journalists and four members of the Greater North Parliamentary Forum.

Ultimately, for the right to access information to be realised in Uganda, including meaningful implementation of the law, parliament needs to play an active oversight role. Indeed, while some MPs may not be conversant with the ATI law, they recognise the importance of citizens’ access to information for good governance. This was echoed by Abigaba Cuthbert, MP of Kibale County in Kamwenge district, who stated, “With increasing corruption, access to information is critical. We cannot talk about transparency without access to information.”


Accordingly, the CIPESA position paper on the State of Access to Information in Uganda makes several recommendations, the first being that parliament should use its oversight role and compel all public bodies to comply with section 43 of the Act which requires every minister to submit an annual report to parliament on requests for records or access to information made to a public body under his or her ministry. This will ensure that each ministry and the different agencies under it submit annual reports on the status of access to information.
Below are some of the other recommendations:

  • Government ministries, departments and agencies should develop manuals containing descriptions, addresses, nature of work and services, how to access information and persons to consult as stipulated in section 7 (1), (2) and (3) of the Access to Information Act.
  • Government should fast-track and operationalise the Digital Repository Centre for proper storage and accessibility of government records. This will serve to ensure the digitisation of information and more efficient information record keeping, management and release.
  • There also remains a need for the ATI Act to be amended, specifically to:

See the full list of recommendations: State of Access to Information in Uganda

28Apr

South Africa to host Forum on Internet Freedom in Africa

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Save The Date Announcement |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Association for Progressive Communication (APC) are happy to announce the date and location for the Forum on Internet Freedom in Africa (FIFAfrica) 2017.
This year’s edition of the Forum will held be in Johannesburg, South Africa, on September 27-29, 2017,  thus expanding the physical footprint of the Forum which has since inception in 2014 been held in Kampala, Uganda.
This landmark event convenes various stakeholders from the internet governance and online rights arenas in Africa and beyond to deliberate on gaps, concerns and opportunities for advancing privacy, access to information, free expression, non-discrimination and the free flow of information online.
The Forum brings together human rights defenders, journalists, government officials, private sector players, global information intermediaries, bloggers, developers, the arts community, law enforcers and regulators – all of whom have a role to play in advancing internet freedom in Africa.
Highlights at FIFAfrica include the launch of the annual State of Internet Freedom in Africa research report as well the commemoration of the International Day for Universal Access to Information (IDUAI) that falls on September 28.
In the coming weeks, we will release more details of the Forum, including how to participate and to suggest topics for inclusion in the event programme.
Visit the Forum page for more information on previous Forums and updates over the coming weeks.
You can also contribute thoughts and ideas through the #InternetFreedomAfrica hashtag.
If you would like to support FIFAfrica17 please get in touch:
Send an email to Wakabi ([email protected]), Ashnah ([email protected]) or Sekoetlane ([email protected]) and ([email protected]) with any queries.
 

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