Call for Expression of Interest: ICT Law Associate

Job Opening |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA, www.cipesa.org) seeks to recruit an ICT Law Associate to support our work in the Internet Freedom thematic area. The Associate will contribute to CIPESA’s work related to digital rights capacity building, analysis and documentation of the impact of existing and proposed legislation on human rights and access to technology in Africa, among others. To this end, the Associate will perform the following roles:

  1. Lead the analysis of existing and proposed laws that would impact freedom of expression, privacy, and access to information;
  2. Identify and coordinate strategic litigation opportunities in the areas of freedom of expression, privacy, and access to information;
  3. Build the knowledge and skills of CIPESA partners and civil society groups on digital rights and ICT policy through training and ongoing support;
  4. Develop advocacy positions on internet freedom related issues
  5. Take part in public awareness and advocacy around internet freedom and good governance issues.
  6. Draft reviews and stakeholder submissions on bills under consideration by legislatures and amendments that impact on internet freedom and democratic governance.
  7. Contribute to ongoing learning and knowledge exchange within CIPESA’s programmes and partners.

The role is full time preferably based in Kampala, Uganda although other locations in East or Southern Africa may be considered. Initial contract span is one year with an expected start date of late February or early March 2017.
Required experience and qualifications

  1. Advanced training in Law and technology (preferably Master’s degree)
  2. Familiarity with ICT legal frameworks and best practices, both international and in Africa – notably in the countries where CIPESA works.
  3. Familiarity with African and international human rights instruments.
  4. Proven policy analysis, research and legal drafting experience.
  5. Strong advocacy skills including working with state and non-state actors.
  6. Ability to communicate effectively (orally and in writing), speak persuasively, express complex issues in simple terms and present ideas clearly and concisely
  7. Demonstrated knowledge of issues and actors in internet governance and internet freedom eco- system in Africa and internationally.
  8. Ability to work in a collaborative, team environment.
  9. Proposal writing skills a plus.

To apply
Submit an expression of interest with CV detailing previous experience and work done, proof of qualifications, two samples of your written work (for example articles, briefs, research reports) and salary expectations. All applications should be sent to [email protected] with subject line stating Application for ICT Law Associate. The deadline for submissions is 17.00 (East African Time) on January 31, 2017.
Applications received after the deadline will automatically be rejected.

Supercharging Human Rights Defenders // East Africa

By Small Media |
Building off the success of our 2016 report ‘Supercharging Human Rights Advocates in the Levant’, the Small Media team is excited to announce our latest project in a whole new region. Making use of the practices we’ve developed in our work across the Middle East, Small Media is setting out to survey the cybersecurity landscape in East Africa. Over the course of this project, we aim assess the state of internet controls in the region, and support the development of a regional community of internet freedom researchers, digital security experts, and human rights defenders.
Over recent years, regional civil society organisations and human rights defenders have been confronted with significant security challenges as internet freedom is threatened across East Africa. The Collaboration on International ICT Policy in East and Southern Africa (CIPESA), one of our local partners for this project, have highlighted various issues involving undue prosecution of Internet users in East Africa in their 2016 State of Internet Freedom in Africa report. In Tanzania this has involved users being targeted and arrested for offenses including ‘insulting the president’ and news sites being shut down. Netizens in Uganda faced blocked social media and mobile money services in the build up to the February 2016 elections, alongside crackdowns on ‘offensive communications’, in the form of bans on social media accounts that criticise the government. Burundian social media users have seen platforms including Viber, Twitter, WhatsApp and Facebook shut down during public protests against government figures. In addition to this, Rwandan citizens face among the world’s worst restrictions on freedom of speech and political activity, including stringent online censorship targeted at those discussing ‘sensitive’ topics.
Freedom House’s 2016 Freedom on the Net report highlights the challenges faced in Rwanda and Uganda, but there are a number of gaps in regional knowledge that we aim to fill. With levels of access to the Internet growing steadily in the region, and some concerning indications of a ramping-up of state efforts to crackdown on internet freedom, it is important that the digital security needs of CSOs and netizens are addressed in an urgent manner.
Thus, focusing on Uganda, Rwanda, Burundi and Tanzania, our research seeks to fill the gap that exists by identifying the digital security threats facing CSOs in the East Africa region, recommending a plan of action and then developing the capacity of CSOs to respond to the threats that they face.
Our Project
The first phase of this project involved working with two of our local partners, CIPESA and DefendDefenders, to select high-quality workshop participants and trainers, in order to create and train a secure, strong and enthusiastic community of regional, on-the-ground digital security experts and researchers. The training given at the workshop has equipped local actors to engage in comprehensive and long-term digital security research, thereby supporting the future needs of CSOs across the region.
Building on the successful outcome of the workshop, our local researchers – working alongside our regional partners – are now hard at work carrying out the core components of the research project, including:

  1. Legal and Policy Analysis – to assess the current legislative frameworks that exist within East African states, and to establish what powers governments have to monitor and prohibit online communications.
  2. Network Measurements – to assess the internet infrastructure in each of the target countries. Our researchers are using OONI Probe and ICLab’s Centinel software to establish the level of censorship taking place, and highlight any network vulnerabilities to state-directed internet shutdowns.
  3. CSO Cyber Capacity Assessments – interviews are being undertaken with a number of CSOs to identify the most urgent digital security threats they face, and to measure their defences.

With the training workshop completed, Small Media and our local partners are currently working with an enthusiastic team of local researchers to carry out the on-the-ground research components. We’ll be busily compiling our research findings over the next couple of months, but we look forward to presenting you with our findings and recommendations upon the report’s publication in March 2017. Stay tuned!
This article was sourced from the Small Media website.
 

Zimbabwe’s Digital Activism Amidst Disproportionate Government Control of the Internet

By Juliet Nanfuka |
In 2016, activism in Zimbabwe took on a new persona through various social media campaigns that also transformed into offline activity.  In a move which critics believe is intended to suppress activism on social media, the national telecoms regulator known as the Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz) recently drove up internet access prices by up to 500% but following online uproar, the information ministry moved to reverse the decision.
As at the third quarter of 2016, Internet penetration in Zimbabwe stood at 50%. However, increased online use is threatened by a state keen to control online narrative similar to how it has controlled traditional media. Intimidation and arrests are likely to hurt internet freedom in a country where citizens are increasingly using online platforms to criticise the political and economic malaise in the southern African state.
Like many other African countries, internet access remains costly in Zimbabwe. The presence of a Universal Access Fund (USF) meant to reduce internet access costs and fund infrastructure across the county has not helped matters. POTRAZ manages the USF and has been criticised for under-utilising the fund and lacking transparency about its expenditures.
Increased  access at lower cost  has  partly been enabled by  service providers  offering mobile internet data bundles accompanied with subsidised or “zero rated” access to social media applications such as Whatsapp and Facebook.  However, in August 2016, at least three service providers  discontinued various promotions  following a directive from POTRAZ .  The directive was issued shortly after the regulator warned against increasing “abuse” of social media.

“Government is literally, deliberately or accidentally, suffocating the digital revolution by cutting off the lifeblood of the revolution, which is affordable digital and social media access to give citizens an alternative voice.”

TechZim News Blog

According to the 2016 State of Internet Freedom in Zimbabwe report, recent activities by state agencies have breached citizens’ rights guaranteed by the constitution. Proposed laws such as the Data Protection Bill and the Electronic Transaction and Electronic Commerce Bill could further undermine citizens’ rights to free expression and privacy. In addition, the draft Computer Crime and Cybercrime Bill provides for mass surveillance of citizen communications.

In the absence of a cyber law, the Criminal Law and Codification Act (CODE), popularly known as the “insult law”, has been the government’s weapon of choice against critics both online and offline. The law was widely used during the protests in 2016 to invoke harassment and arrest of “trouble-makers”, namely those who oppose or criticise President Mugabe.
Extracted from State of Internet Freedom in Zimbabwe | 2016 report

The report by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) narrates cases of Zimbabweans arraigned before the courts over their online activities. Among the stated trumped-up charges are “criminal nuisance“, “insulting and undermining the president’s authority” and issuance of “treasonous” communiqué criticising Mugabe’s leadership.
Section 61 of the Zimbabwe Constitution guarantees the right to freedom of expression: “Every person has the right to freedom of expression, which includes … freedom to seek, receive and communicate ideas and other information.” While Zimbabwe has no specific law related to internet rights, the constitution also provides for access to information and privacy without explicitly mentioning the online domain.
 

How Applicable is the Multi-stakeholder Approach to Internet Governance in Africa?

By Ashnah Kalemera |
What is the value for Africans in international Internet Governance processes if the approach towards Internet governance on the continent has not fully embraced the multi-stakeholder model? This was among the concerns heard during debates at the 11th Internet Governance Forum (IGF), as some participants questioned the applicability of the global internet governance agenda to Africa.
At a global level, the IGF, an initiative of the United Nations, discusses public policy issues related to the internet. The annual gathering drives best practices and common understanding of how to maximise internet opportunities and address the risks and challenges it faces. At the core of the IGF is the multi-stakeholder approach which aims to bring together individuals, groups or organisations with a stake in the internet to cooperate in advancing policy and practice for its development globally.
This approach is said to be “optimal” in ensuring government, business, civil society and the technical community take part in making policy decisions for the internet that are accountable, sustainable and effective.

Why the multi-stakeholder approach?

  • Decisions impact a wide and distributed range of people and interests,
  • There are overlapping rights and responsibilities across sectors and borders,
  • Different forms of expertise are needed, such as technical expertise, and
  • Legitimacy and acceptance of decisions directly impact implementation.

Internet Governance: Why the Multi-stakeholder Approach Works (Internet Society)

National and regional IGF initiatives (NRI) are similarly conducted to address community needs and involve multiple stakeholders. However, few African stakeholders participate at the global IGF and NRIs, rendering the principles of multi-stakeholderism difficult to achieve.

More than 2,000 participants from 123 countries attended the 2016 IGF held in Mexico. By stakeholder group, civil society constituted the majority (44.5%). Government representation was 20.5% and private sector was 15.5%. By region, Africa had the second lowest regional representation– 6.7%, beating only Eastern Europe from which 2.5% of participants originated.

There are up to 16 national, sub-regional and regional IGFs in Africa. Of the African countries that hosted forums during 2016, most were civil society led with some support from government reported – for instance in Ghana, Nigeria and Uganda. However, there was limited participation by the judiciary and law enforcement, youth and the private sector.
Organisers of the Africa Internet Governance Forum (AIGF) and national forums say there is a challenge of multi-stakeholder participation at gatherings on the continent due to lack of political will and limited knowledge and awareness of internet governance issues, among other reasons.
Organisers of the regional AIGF also reported limited representation by policy makers and other government officials. Private sector and youth were reportedly underrepresented at the fifth AIGF held in Durban, South Africa, last October.
According to Olusegun Olugbile who sits on the technical committee of the AIGF and the Nigeria national forum, limited stakeholder participation in national and regional internet governance forums was due to a lack of trust and confidence in the dialogue and ensuing outcomes.
Speaking at the African Union (AU) session at the IGF, Olugbile stated that bringing more stakeholders to the table on internet governance in Africa requires “embracing” policy documents from the continent, such as the African Union Convention on Cyber Security and the African Declaration on Internet Rights –  less so international instruments – so as to ensure contextual understanding of key concerns. This would contribute to a demonstration of value in participation for the stakeholders currently not participating. Furthermore, it would ensure that agendas for debate are localised to suit African needs and follow ups on recommendations are directly linked to the mandate of the relevant stakeholders.
Whereas discussants at the Africa themed sessions also called for more public-private partnership efforts in pursuing the principles of internet governance in Africa, regional bodies such as the AU were also called upon not only to convey outcomes to governments but to actively advocate and “push” for the implementation of recommendations from the AIGF among member states.
Meanwhile, the Africa School of Internet Governance (AfriSIG), which started in 2013 was commended for its role in bridging the internet governance knowledge and skills gap on the continent. To-date, the school has graduated over 150 individuals from government, the private sector and civil society across Africa in the principles and procedures of internet governance. Continued capacity building efforts by the school and other practitioners were recommended.
The 2016 IGF was convened under the theme ‘Enabling Inclusive and Sustainable Growth” from December 6–9, 2016 in Jalisco, Mexico.
 
 

LATEST: Maxence Melo Released on Bail

By CIPESA Writer |
After five days in police custody, Jamii Forums founder Maxence Melo has been released today (December 19). Melo, who was detained at a police station in the Tanzanian capital Dar es Salaam, was granted interim release with six individuals standing as surety for a bond amount of 6 million Tanzanian shillings (USD 2,700).
Melo was last Friday charged with three offences stemming from his alleged refusal to release user data from the popular news and discussion portal Jamii Forums. He is faced with two counts of not complying with a disclosure order under Section 22 (2) of the Cyber Crimes Act of 2015 and one count of managing a domain that is not registered in Tanzania under Section 79(c) of the Electronic and Postal Communications Act (2010).
For each charge, two individuals stood surety for the accused at 1 million Tanzanian shillings (USD 450) each. According to his lawyer, another bail condition set for Melo is that he should not travel outside of Dar es Salaam without court’s permission.
The case is scheduled to be heard  in court on December 29, 2016.