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30Nov

#KeepitOn: Joint letter on the internet and the election in Gambia

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Joint Letter |
President Yahya Jammeh
cc: Gambia Public Utilities Regulatory Authority (PURA)
Gambia Permanent Mission to the United Nations
African Commission on Human and Peoples’ Rights
30 November 2016
Your Excellency,
We are writing to urgently request that you ensure the stability and openness of the internet during the forthcoming elections in Gambia on December 1. Elections represent the most critical moment in a democracy, and the internet enables free expression and the fulfillment of all human rights.
However, we have received unconfirmed reports through a variety of sources that your government intends to shut down the internet. We implore you to keep the internet on.
Research shows that internet shutdowns and state violence go hand in hand. [1] Shutdowns disrupt the free flow of information and create a cover of darkness that allows state repression to occur without scrutiny. Worryingly, Gambia would be joining an alarming global trend of government-mandated shutdowns during elections, a practice that many African Union member governments have recently adopted, including:  Burundi, Congo-Brazzaville, Egypt, Sudan, the Central African Republic, Niger, Democratic Republic of Congo. [2], [3], [4], [5], [6], [7], [8]
Internet shutdowns — with governments ordering the suspension or throttling of entire networks, often during elections or public protests — must never be allowed to become the new normal.
Justified for public safety purposes, shutdowns instead cut off access to vital information, e-financing, and emergency services, plunging whole societies into fear and destabilizing the internet’s power to support small business livelihoods and drive economic development. In addition, a study by the Brookings Institution indicates that shutdowns drained $2.4 billion from the global economy last year. [9]
International Law
A growing body of jurisprudence declares shutdowns to violate international law. The United Nations Human Rights Council has spoken out strongly against internet shutdowns. In its 32nd Session, in July 2016, the Council passed by consensus a resolution on freedom of expression and the internet with operative language on internet shutdowns. The resolution, A/HRC/RES/32/13, “condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and calls on all States to refrain from and cease such measures.” The Council intended this clear declaration to combat the blocking and throttling of networks, applications, and services that facilitate the freedoms of expression, opinion, and access to information online. In addition, the African Commission on Human and Peoples’ Rights stated in its November 2016  Resolution on the Right to Freedom of Information and Expression on the Internet in Africa that it was “Concerned by the emerging practice of State Parties of interrupting or limiting access to telecommunication services such as the Internet, social media and messaging services, increasingly during elections.” [10]
In 2015, various experts from the United Nations (UN) Organization for Security and Co-operation in Europe (OSCE), Organization of American States (OAS), and the African Commission on Human and Peoples’ Rights (ACHPR), issued an historic statement declaring that internet “kill switches” can never be justified under international human rights law, even in times of conflict. [11] General Comment 34 of the UN Human Rights Committee, the official interpreter of the International Covenant on Civil and Political Rights, emphasizes that restrictions on speech online must be strictly necessary and proportionate to achieve a legitimate purpose. Shutdowns disproportionately impact all users, and unnecessarily restrict access to information and emergency services communications during crucial moments.
The internet has enabled significant advances in health, education, and creativity, and it is now essential to fully realize human rights including participation in elections and access to information.
We humbly request that you use the vital positions of your good offices to:

  • Ensure that the internet, including social media, remains on in Gambia throughout the election and beyond
  • Publicly declare your commitment to keep the internet on, including social media
  • Encourage telecommunications and internet services providers to respect human rights, including through public disclosures and transparency reports.

We are happy to assist you in any of these matters.
Sincerely,
Access Now
Association for Progressive Communications (APC)
CIPESA
Heliopolis Institute
Human Rights Foundation
iFreedom Uganda
Internet Sans Frontières
Media Foundation for West Africa
Paradigm Initiative Nigeria
Social Media Exchange (SMEX)
Strathmore University Centre for IP and It Law (CIPIT)
Unwanted Witness Uganda
 
[1] Sarah Myers West, ‘Research Shows Internet Shutdowns and State Violence Go Hand in Hand in Syria’ (Electronic Frontier Foundation, 1 July 2015)
<https://www.eff.org/deeplinks/2015/06/research-shows-internet-shutdowns-and-state-violence-go-hand-hand-syria> accessed 18 February 2016.
[2] ‘Access urges UN and African Union experts to take action on Burundi internet shutdown’ (Access Now 29 April 2015) <https://www.accessnow.org/access-urges-un-and-african-union-experts-to-take-action-on-burundi-interne/> accessed 18 February 2016.
[3] Deji Olukotun, ‘Government may have ordered internet shutdown in Congo-Brazzaville’ (Access Now 20 October 2015) <https://www.accessnow.org/government-may-have-ordered-internet-shutdown-in-congo-brazzaville/> accessed 18 February 2016.
[4]  Deji Olukotun and Peter Micek, ‘Five years later: the internet shutdown that rocked Egypt’ (Access Now 21 January 2016) <https://www.accessnow.org/five-years-later-the-internet-shutdown-that-rocked-egypt/> accessed 18 February 2016.
[5] Peter Micek, ‘Update: Mass internet shutdown in Sudan follows days of protest’ (Access Now, 15 October 2013) <https://www.accessnow.org/mass-internet-shutdown-in-sudan-follows-days-of-protest/> accessed 18 February 2016.
[6] Peter Micek, ‘Access submits evidence to International Criminal Court on net shutdown in Central African Republic’(Access Now 17 February 2015) <https://www.accessnow.org/evidence-international-criminal-court-net-shutdown-in-central-african-repub/> accessed 18 February 2016.
[7] ‘Niger resorts to blocking in wake of violent protests against Charlie Hebdo cartoons.’ (Access Now Facebook page 26 January 2015) <https://www.facebook.com/accessnow/posts/10153030213288480> accessed 18 February 2016.
[8] Peter Micek, (Access Now 23 January 2015) ‘Violating International Law, DRC Orders Telcos to Cease Communications Services’ <https://www.accessnow.org/violating-international-law-drc-orders-telcos-vodafone-millicon-airtel/> accessed 18 February 2016.
[9] Darrell West, (Brookings Institution, October 2016) “Internet shutdowns cost countries $2.4 billion last year” https://www.brookings.edu/wp-content/uploads/2016/10/intenet-shutdowns-v-3.pdf
[10] African Commission on Human and Peoples’ Rights, (November 2016) ‘362: Resolution on the Right to Freedom of Information and Expression on the Internet in Africa – ACHPR/Res. 362(LIX) 2016’ http://www.achpr.org/sessions/59th/resolutions/362/
[11] Peter Micek, (Access Now 4 May 2015) ‘Internet kill switches are a violation of human rights law, declare major UN and rights experts’ <https://www.accessnow.org/blog/2015/05/04/internet-kill-switches-are-a-violation-of-human-rights-law-declare-major-un> accessed 18 February 2016.

This join letter first appeared on the Access Now website

25Nov

Fostering the Right to Information Among Women’s Rights Organisations in Uganda

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By Juliet Nanfuka |
Goal 5 of the Sustainable Development Goals is to ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision making in political, economic and public life. Access to information is necessary in advancing gender equality and women’s participation in governance processes.
Accordingly, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is undertaking a series of engagements to create awareness of the right to information law in Uganda and the avenues through which women’s rights organisations can exercise this right to empower women in the country.
At a training on November 11, 2016, 12 representatives from women’s organisations discussed the relationship between women’s rights and the right to information with a focus on how to utilise Information and Communication Technology (ICT) to bridge the two rights. Specifically, SDG 5b calls for enhancing the use of technology, in particular ICT, to promote the empowerment of women.
Ashnah Kalemera, CIPESA’s Programmes Officer, noted that, “For the realisation of women’s rights and indeed many other rights in Uganda, the role that access to information plays should be better understood and should not be seen as exclusive of other rights such as non-discrimination, privacy and right to health.” She added that, “it is every citizen’s right to have access to information held by the state. However, this is challenged by the lack of awareness to demand information which would enable a more transparent and accountable state and ultimately citizens who can make informed decision on issues that affect them.”
“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.” Article 41 of the Uganda Constitution
Training participants noted that the unavailability of information hampers  civil society organisations’ engagement on pertinent social issues, as they often cannot develop in-depth reports or make interventions to  empower women on the basis of strong evidence.
The use of ICT as an enabler of access to information has long been recognised by Uganda citizens and officials alike, however, platforms such as the online information request portal Ask Your Gov are providing an avenue for ordinary citizens and organisations with limited access or technical skills to request information . The portal allows for information requests submitted and responses given to be seen by anyone who accesses the website.
At the training, participants assessed information requests on the portal and their relevance to women’s rights and submitted information requests of their own. Loyce Mugisa from the National Association of Women Organisations in Uganda (NAWOU) said a highlight from the training was discovering “the amount of information available that we did not know about.” She added that she placed an information request on the portal and within a few minutes received a response from the land ministry. According to the law, public officials have 21 days within which to respond to an information request, which has often been cited “too long” to wait. “Encouraged” by the prompt response to her query, Mugisa has since sent a follow up question. See the interaction here.
Long held skepticism about the voluntary release of public information by the state has contributed to the poor use of the law. This is also due to conflicts with existing laws such as  the Official Secrets Act.
Nonetheless, participants at the training reported an enthusiasm about the applicability of the law in their organisations to serve women’s interests.
*Organisations represented at the training included Alliance for Women in Development, Eastern African Sub-Regional Support Initiative for the Advancement of Women (EASSI), Isis-Women’s International Cross-Cultural Exchange (Isis-WICCE),  National Union of Women with Disabilities (NUWD), National Association of Women Organisations in Uganda, Uganda Association of Women Lawyers (FIDA), Uganda Media Women’s Association (UMWA), Women’s Democracy Network (WDN Uganda), Women And Girl Child Development Association (WEGCDA), Women of Uganda Network (WOUGNET), and Young Women’s Christian Association (YWCA-Uganda),
CIPESA’s engagements on women’s rights and access to information are supported by the Association for Progressive Communications (APC).
 

18Nov

Using SMS to Promote the Right to Health in Tanzania

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By Ashnah Kalemera |
In pursuit of strategic mechanisms to promote and protect human rights in Tanzania, the Commission for Human Rights and Good Governance (CHRAGG) has this year embraced the use of digital technologies to advance the right to health among vulnerable communities and human rights practitioners in five regions in Tanzania.
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In August 2016, CHRAGG embarked on a campaign that leverages its SMS for Human Rights reporting system to improve rights awareness and protection for some hitherto marginalised groups. Under the drive, up to 100 commission staff at the head office in Dar es Salaam and three regional offices (Mwanza, Lindi and Zanzibar) have been trained to improve their understating of the right to health and to enable them to appropriately handle related violation reports received through the digital platform.
The CHRAGG training also benefited 190 individuals including sex workers, the elderly, women, health practitioners and local leaders who were trained on the principles of the right to health and how to monitor and report rights violations. Most of the training beneficiaries (61%) were female.
Breakdown of training beneficiaries
By Gender
gender
By category
occupation
Vulnerable and marginalised communities such as indigenous people, women, and sexual minorities are often less likely to enjoy the right to health. According to the World Health Organisation (WHO), achieving all citizens’ right to health is closely related to other human rights including non-discrimination, access to information and participation.
The right to health includes both freedoms and entitlements.

Freedoms include the right to control one’s health and body (e.g. sexual and reproductive rights) and to be free from interference (e.g. free from torture and from non-consensual medical treatment and experimentation).

Entitlements include the right to a system of health protection that gives everyone an equal opportunity to enjoy the highest attainable level of health.

See WHO Health and Human Rights Factsheet

As a result of the training, CHRAGG staff have better understanding of minority rights and have incorporated this knowledge into their daily work. As stated by one staff member, the training enabled them to make the link between the right to health, free expression and equality. “I never thought [other rights] are covered in right to health,” he said. Another noted, “I did not know [that] the commission could be involved in this,” referring to protection of the right to health.
However, training participants highlighted concerns in using the system such as slow resolution of reports. Going forward, commission staff are expected to specifically categorise health rights violation reports received from minority and vulnerable groups as part of case handling procedures and work towards their speedy resolution.
In December 2012, CHRAGG launched the SMS for Human Rights System to make it easier for citizens to report human rights violations. Since then, the commission has conducted campaigns throughout Tanzania to raise awareness about the system. This has greatly boosted the number of reports received through SMS.
stats
The commission is developing and testing a minority groups’ database within the existing complaints handling system. Once implemented, the database will enable toll-free human rights violations reporting for minorities, efficient and confidential case management and follow-up, as well as disaggregation of statistics on minority rights abuses
Established in 2001 in fulfillment of Tanzania’s national constitution, CHRAGG plays the dual role of an ombudsman and a human rights commission for the protection and promotion of human rights and good governance.
CHRAGG is a member of the ICT4Democracy in East Africa Network whose work is supported by the Swedish International Development Cooperation Agency (Sida) and the Swedish Programme for ICT in Developing Regions (Spider). The network is coordinated by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
 

18Nov

Amplifying Community Rights Through Social Media in Kenya

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By Ashnah Kalemera |
Human rights violations incidents are on the rise in Kenya with extrajudicial killings and police brutality among the cases reported recently. Social media has enabled quick reporting of such cases while also creating increased awareness of the reported incidents. Through a mix of Twitter, radio and physical engagements, the Kenya Human Rights Commission (KHRC) is improving its effectiveness in promoting human rights and documenting violations in the lead up to the 2017 national elections.
The commission is seeing success in mobilising citizens for protests and marches, as well as getting stakeholders to participate in debates related to human rights. Through quarterly Twitter chats, the KHRC is popularising various human rights issues and bringing to the fore struggles faced by communities that have little online presence and who have limited avenues for participating in community affairs.
A Twitter chat hosted in September 2016 to promote dialogue on governance and anti-corruption drew panelists from the Institute of Economic Affairs (IEA-Kenya), Transparency International Kenya, International Commission of Jurists (ICJ)-Kenya, Society for International Development and Kenya Association of Manufacture (KAM).
Another chat on insecurity (under the hashtag #InSecurityKE) hosted in July 2016 explored the causes of social insecurity, challenges faced in addressing it and proposals for overuntitledcoming those challenges. Panelists included the Kenya National Commission
on Human Rights, Amnesty International Kenya, Independent Medico-Legal Unit (IMLU) and ICJ-Kenya.
In another drive, the KHRC on October 10-13, 2016 mobilised 300 members of the Makonde community who live along the south eastern coast of Kenya for a walk dubbed “Trek against Statelessness”, from Kwale county to the capital Nairobi. The walk was in protest against the exclusion of the community from attaining formal national recognition and identity documentation. Several members of the Makonde community have lived in Kenya for about half a century after many of them immigrated from Mozambique.
Upon arrival at the State House, President Uhuru Kenya gave audience to the community and promised that all of the members would be registered as citizens. The registration process kicked off on October 24 and ended on November 10, 2016.
In the weeks leading up to the walk, among the channels utilised by the commission to mobilise participants were online platforms, with the hashtag #MKenyaNiWho (“Who is a Kenyan”) used to raise awareness of the Makonde community’s plight. Furthermore, a radio talk show was hosted on Citizen Radio for the Kwale Human Rights Network to discuss issues of registration of the Makonde community as Kenya Citizens.
Earlier in July, citizenship and statelessness, identity and belonging were also discussed at the Samosa Festival in Kenya. Among the key areas of discussions were the difficulties faced by Kenyans of Somali descent when applying for national identity cards and birth certificates in the northern part of the country. The discussion attracted members of parliament and members of communities that are struggling with the issue of citizenship.
Meanwhile, to support its efforts at grassroots level, KHRC has built the capacity of 14 Human Rights Networks (Hurinets) in four regions – Mombasa, Nairobi, Kisumu and Nyeri – to engage on issues of electoral governance and devolution including through social media. The beneficiary Hurinets included Kwale, Mombasa, Kinangop, Taita Taveta, Kakamega, Siaya, Migori, Nairobi, Makueni, Wajir, Nakuru, Nyeri, Kiambu and Isiolo. A total of 103 members of the networks (57% male and 43% female) have benefitted from the training.
The increased capacity of the Hurinets in Kenya to promote discussions on human rights issues in remote and rural areas where the Hurinets are based is expected to contribute to more issues being brought to the attention of local and national government primarily through social media. In 2015, the Midrift Hurinet in Nakuru County started #UwajibikajiMashinani “AccountabilityInRuRalAreas” hashtag campaign to get more citizens to deliberate on issues of accountability in the county. The Kwale Hurinet started #OkoaKwaleInitiative and “SaveKwaleInitiative” hashtag campaigns that asked Kwale county government leaders not to allow petty, personal differences to influence community decisions.
KHRC is a member of the ICT4Democracy in East Africa Network whose work is supported by the Swedish International Development Cooperation Agency (Sida) and the Swedish Programme for ICT in Developing Regions (Spider). The network is coordinated by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
See also ICT4Democracy in East Africa Annual Report 2015 and using technology to advance human rights in Kenya.

07Nov

Project Evaluation: Open Data and Right to Information

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Report |
During 2014 and 2015, CIPESA implemented a project aimed at empowering citizens in East Africa to use Right to Information (RTI) laws to lodge requests and document their experiences through the use of Information and Communication Technologies (ICTs). The project further aimed to undertake awareness raising and network building activities to promote the right to information in Kenya, Uganda and Tanzania, and create awareness among lawmakers on regressive policies and practices that undermine proactive disclosures. The project also planned on network building to be achieved through the sharing of experiences gained from the three countries among the engaged network of change actors across the region.
Since the closure of project activities, an evaluation was commission to establish the achievements, outcomes and challenges registered by the project during the period January 2014 – December 2015. The evaluation assessed the appropriateness, effectiveness and outcomes of the project in relation to its planned objectives.
The evaluation focused on project activities in Uganda and the use of Alaveteli – an Open source platform that enables citizens to request for information with the replies recorded for all to see on the AskYourGov (AYG) website (www.askyourgov.ug) as the key technology medium, as well as social media namely Facebook and Twitter.
Key findings
The use of the AYG platform by citizens is still low, compared to alternative Freedom of Information (FOI) channels (for example, a respondent at the Ministry of Lands Housing and Urban Development reported that he receives/responds to approximately 32 requests a day by phone, face to face, or paper-based request forms), and has not grown over the two years. As well, the response from MDAs is below average. Though there is political will from the Office of the Prime Minister in Uganda, ownership of the platform and its continued functionality is still the responsibility of partners – Africa Freedom of Information Centre (AFIC) and CIPESA and does not seem to have yet taken root within most Ministries, Departments and Agencies (MDA).
Recommendations

  1. Consider a phased approach to implementing the AYG platform in MDAs. Adopting a more systematic phased approach to implementation and roll out, and contextualized to the specific needs of each agency could help address the unique MDA contexts and ensure a more effective use of the platform. Rather than spreading efforts (of particularly limited resources) and adopt a blanket approach to the implementation of the portal, a phased systematic approach that involves a few MDAs coming on board at a time is recommended. For example the evaluation shows that the majority of the FOI requests are related to land, taxes and inquiries on internship and recruitment. This could be interpreted in two ways: – (i) that these issues could be the most pressing information needs of citizens currently; or (ii) that the effective response from the respective MDAs has created citizen demand. This could give some insight to justify a phased approach in prioritizing MDAs to work with on the AYG platform.
  1. Build an Advocacy network of CSOs to sustain the demand for government responsiveness on the AYG platform. Such a network is likely to realize a much stronger and sustained voice in mobilizing, advocating and lobbying continuous Government’s responsiveness on the AYG platform.
  1. Sustain stakeholders’ engagement activities (awareness raising and capacity building). Some of the issues that hinder requesting and disseminating information by the rights holders (citizens) and duty bearers (government officials) respectively are the culture of secrecy among duty bearers, and the limited understanding of the RTI laws among other things. Changing such individual and organization norms, cultures and practices takes time. Sustained engagement of rights holders and duty bearers is therefore very critical and future projects should avail sufficient resources for this.
  1. Make the platform more inclusive to encourage usability in different contexts. Future implementations could adopt a more inclusive approach that looks into mixing ICT platforms such as the web-based platform, SMS, as well as integrate a back-end function that can easily be manipulated to enable agencies to coordinate and centrally manage information requests from the various modes of delivery i.e. the back-end function should be in position to manage, monitor and keep track of all requests that come into the agencies irrespective of the mode of delivery. This should encourage usability by all classes of stakeholders, while the back-end would provide for easy management and tracking of requests.

Lessons Learned

  1. The Success of the AYG platform in an MDA is dependent on a number of pre-requisites that include functional business processes, policies, infrastructure, and human resources related to information disclosure. This kind of organization context makes it easy for speeding up the uptake of the AYG platform as it complements already ongoing work and may not appear as an additional burden to MDA officials.
  1. The AYG platform could be more effective if its roll out is prioritized to target specific information needs of citizens. This prioritization could be based on a number of factors that may include: – findings of a needs assessment of Citizen Information needs, readiness of MDAs, National priorities defined in strategies like National Development Plans among others
  1. The passing of relevant RTI laws in the country is key in providing an enabling environment to implement a project of this nature

Download and read the full evaluation report here.

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