Analysis of ICT in Governance Policies and Practice in Uganda

In our research series this month, we review government and non-government ICT initiatives in Uganda. We examine how ICT-related policies and other legislation affect citizen participation, democratic governance and influence the link between ICT and public services delivery.
The report is based on policy analysis, stakeholder interviews and literature review, and aims to inform awareness raising initiatives and advocacy for more progressive policies and practices regarding the use of ICT in governance and civic participation in Uganda.
Read the full report

Promoting Access to Information and Digital Safety Awareness among Tanzanian Journalists For Upcoming Elections

By Gasirigwa G.S |
As the 25 October general election draws closer in Tanzania, journalists have been urged to be impartial in their reporting. Many have also taken steps to ensure that their digital communication is not compromised particularly when seeking information during the electioneering period.
In August, the Media Institute of Southern Africa (MISA) Tanzania Chapter, in partnership with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) organized two training workshops on access to information with special focus on digital safety for Media practitioners in Tanzania. A total of 40 journalists (13 women and 27 men) from Geita, Mara, Mwanza and Dar es Salaam received practical digital safety skills against a backdrop of discussion on the Access to Information and Media Services bills as well as the recently passed Cybercrime Act 2015 and Statistics Act, also of 2015..
The objective of the workshops was to enhance knowledge and skills of selected media personnel in various outlets in order to enable them to access relevant information, cover and report  factually and responsibly during the 2015 general election.
Participants most of whom had no prior knowledge of what the proposed and enacted laws entailed had the chance to discuss and deliberate on how safely they can cover the ongoing campaigns and the October elections without falling on the wrong side of the laws.
In February, the government of Tanzania attempted to table and pass the Access to Information (ATI) and Media Services bills under certificate of urgency. The attempt was blocked by media and access to information activists under the Coalition of Right to Information (CORI) with support from Members of Parliament.  Tabling the bills under certificate of urgency meant that they would be passed into law without stakeholders review and input. CORI argued that the bills were draconian and shouldn’t be passed without earnest consultations with stakeholders.
The proposed access to information bill contains a number of provisions which are contrary to the country’s 1977 Constitution. Section 2 (4) of the bill states: “Nothing in this Act shall limit or otherwise restrict any other legislative requirement for a public authority to disclose information.” Under this provision public authorities could continue to withhold information despite the fact that the law is aimed at promoting information availability in the public domain.
The Bill further exempts the disclosure of certain information, placing vague restrictions on information which may: undermine national security; is likely to impede due process of law or endanger safety of life of any person; undermine lawful investigations being conducted by law enforcements agencies; and “significantly” undermine the operations of Tanzania Broadcasting Corporation (Section 6).
Other proposed provisions carry even wider violation of right to information. For example, Section 18(1) of the Bill states that “Information obtained by a person requesting from the information holder shall not be for public use”. Any person who contravenes this provision commits an offence and shall, upon conviction, be liable to imprisonment for a term not less than five years.
In a separate move, the government tabled and passed into law the Cybercrime Act and Statistics Act under certificates of urgency, making them operational as of September 1, 2015.
For its part, the Cybercrimes Act among many other things, criminalizes and penalizes the publication of “information, data or facts presented in a picture, texts, symbol or any other form in a computer system where such information, data or fact is false, deceptive, misleading or inaccurate”. Offenders are liable for at least six-months imprisonment and/or a fine of Tanzania Shillings (TZS)3 million (USD 1,380). The law also provides for at least three years in prison and/or a fine of at least TZS 10 million (USD 4,600) for publication of materials that incite, deny, minimize or justify acts that constitute genocide or crimes against humanity.
Regarding the initiation of transmission or re-transmission of unsolicited messages, the Cybercrimes Act provides for at least one year in prison and/or a fine of TZS3 million (USD 1,380) or three times the value of any undue advantage gained, whichever is higher.
The workshops were eye openers for many who stated they were not aware that several programmes and news items being run could potentially violate new laws. An editor expressed concern on content previously published which might be in contravention to the Cybercrimes and Statistics Acts and “could get us into trouble with the law.”
Moreover, the government through Tanzania Communication Regulatory Authority (TCRA) introduced the Subsidiary Legislation known as the political broadcasting services Code of 2015. The Code was gazetted in June this year and communicated to media owners in a seminar organized by TCRA. The code, which is not available in softcopy has serious implications on electronic media (Radio, TV and Social Media) during reporting of election issues.
The workshops served as opportunities to familiarise journalists with the recently passed laws and tabled bills. During the proceedings, journalists were also reminded that although the Media Services and Access to Information bills were not passed by parliament, the Newspaper Act of 1976 remained operational and media practitioners remain bound by it.
“I didn’t not know about this Broadcasting Code, TCRA summoned us bloggers to a meeting and made us sign a document that we were told was just guidelines for media and online users. They never told us we were signing our own jail warrants”, added Geofrey Adroph, photographer and blogger.
In light of the new and existing laws, the workshops and interactions made participants revisit ethical considerations and reporting guidelines in the run up to, during and after the elections.
 
 
 
 

Advancing Open Data Implementation in Africa

By Ashnah Kalemera |
The push for open data that contributes to government transparency and accountability in service delivery and promotes citizens’ right to information and innovation in the Information and Communication Technology (ICT) sector continues to gain prominence globally. Indeed, open data has been recognised as a key pillar of sustainable development. However, implementation of open data by African governments, civil society and the private sector is mostly in its infant stages, with some countries recording more success than others.
The demand and supply of open data in Africa is faced with numerous challenges including lack of complete data, authoritarian regimes, multiple fragmented actors, limited technical skills and capacity, inadequate infrastructure and low literacy rates.
On September 4-5, 2015, the government of Tanzania and the World Bank hosted the first Open Data Conference in Africa, that brought together the emerging open data community in Africa to showcase innovations and discuss opportunities and challenges to open data implementation.
Country representatives from Kenya, Tanzania, Burkina Faso, Rwanda, Ghana, Sierra Leone, Liberia, and Ethiopia, among others shared experiences of national open data initiatives aimed at improved governance and better service delivery in the key sectors of education, water, health and transport. They highlighted the policy, financing, supply, demand, technology, and institutions driving these initiatives.
From civil society and the private sector, the innovations and practical applications showcased included Open Street Map Data in Dar es Salaam, Open Schools Kenya, open data for agriculture and nutrition, complex data visualized in Nigeria, open data for citizen engagement, energy and extractives among others.
Bella Bird, World Bank Country Director for Tanzania, told the conference that data is no longer for statisticians but governments that want to measure progress and democratic achievements. According to Ms. Bird, open data was “nowhere more relevant” than in Africa which is experiencing the fastest changes in population, urbanisation, and economic development compared to other continents.
She said that advancing open data in Africa was not just about making data accessible but making good data available and user friendly. “Without [data] evidence, planning and strategy is difficult and less likely to succeed,” she said.
The World Bank has supported over 30 countries around the world (including some in Africa) in the evaluation, design and implementation of open data initiatives. But few African countries are leveraging the potential of open data compared to their global counterparts.
In 2011, the Open Government Partnership (OGP) was launched as a multilateral initiative “to secure concrete commitments from governments to promote transparency, empower citizens, fight corruption, and harness new technologies to strengthen governance”. To-date, only eight of the continent’s 54 countries have joined the partnership that works to increase government openness in budget transparency, access to information, asset disclosure by politicians and officials, and citizen engagement. The OGP has 58 other member states across the world.
Meanwhile, in 2014, the Global Open Data Index which measures and benchmarks the openness of data in 97 countries around the world ranked South Africa highest among 19 African countries surveyed, at position 36. Burkina Faso followed in 59th position and Senegal in 63rd. Among the lowest ranked countries were Guinea (97), Mali (96) and Sierra Leone (94).
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Figure 1: African Countries 2014 Open Data Index ranking (Source: Global Open Data Index)
However, as noted by Frannie Leautier, a managing partner with the Fezembat Group in France argued that it did not matter where African countries are ranked in the index or the partnerships they belong to. Focus should be on what stakeholders in each country can do with open data to improve livelihoods.
South Africa’s Statistician General, Pali Lehohla, noted that in translating open data into valuable outcomes in Africa, the issue of intellectual property should not be ignored. He said intellectual property particularly around algorithms used in data analysis must also be open for the full potential of open data to be realised in Africa.
Meanwhile, the World Wide Web Foundation’s Nnenna Nwakanma suggested that open data use on the continent should not only be about the accountability of governments but also about giving citizens the opportunity to plan, invest, and gain financially to better their lives.
“The problem in Africa is not money itself but how best to invest money. If we have the right information and data, the one billion citizens will start investing accordingly,” she said.
Participants at the conference which was held in Dar es Salaam widely recognised the key role of national statistics agencies in actualising the potential and impact of data. They also recognised the need to set up the right infrastructure and skills building to fill the existing gaps. Civil registration for birth, deaths, and marriages was recommended to ensure vital statistics are not always based on estimates. Other recommendations included advancing partnerships between the various actors to share experiences and avoid reinventing the wheel.
To read more about the conference proceedings, see #africaopendata.

Tough New Election Reporting Rules for Tanzania’s Bloggers

By Wairagala Wakabi |
Tanzania has introduced tough guidelines for broadcasters and online content providers including bloggers, as the country heads to the October 2015 elections at which observers say the ruling party, Chama Cha Mapinduzi (CCM), faces its strongest challenge ever.
Titled ‘The Broadcasting Services (Content) (The Political Party Elections Broadcasts) Code 2015’, the rules were gazetted on June 26, 2015 and affect bloggers, SMS pollsters, and broadcasters in general. Although media owners were provided with copies of the new rules, they claim to have not received an explanation from government on how to use them.
The new rules, poor access to information, and other election-related threats to media freedom, were among the issues in focus at a training organised by CIPESA and the Media Institute of Southern Africa Tanzania (Misa-Tan) in Mwanza, Tanzania. The training conducted on August 10-11, drew 17 journalists from the Geita, Mara, and Mwanza regions and centred on effective media coverage during this year’s elections.
Section 10 of the 2015 code deals with “online content providers”, defined as “any person or entity who develops files of content for the online users or on behalf of others to be made accessible online.” It places burdensome requirements on online content providers “residing within or outside Tanzania territory” who create “content intended for Tanzania mainland using Swahili or any other languages which have large audiences.”
These requirements include registration with the Tanzania Communications Regulatory Authority (TCRA); compliance with Tanzania’s laws and regulations governing the operations of electronic media; and ensuring that information provided in blogs is accurate, fair, factual, and balanced to all parties and independent candidates in the elections.
Furthermore, the rules require online content providers to make efforts to edit interactive discussions likely to hurt the feeling of any person, as well as offensive or blasphemous language that may provoke violence, sedition, or breach of peace. They are also required to “take necessary measures to screen information and reports before posting”, and to provide political parties and private candidates equal opportunities to reply where a report contains inaccurate or unfair criticism based on distorted facts.
Online publishers also have to “take care to ensure the accuracy on publishing election results or public opinion polls” and to adhere to the bloggers’ code of conduct.
However, according to Maxence Mello, publisher of the vibrant online platform Jamii Forums and a promoter of the nascent national bloggers’ association, there is no bloggers’ code in Tanzania. The blogging community is afraid the government could gazette such a code without consulting them, and use it to rein in critical bloggers.
The rules place stringent gate-keeping responsibilities on citizen journalists, including screening information before publishing and providing the right of reply. “How many blogs have accurate information?” ponders Maxence. “It is not easy for blogs to be balanced.”  The new regulations would require blogs to invest in cross-checking information, getting additional sources, and to generally not publish until they have adhered to journalistic principles ordinarily applicable to mainstream media.
Lengo ni chukua control,” says Maxence in Swahili, describing the new rules as aimed at establishing state control on what bloggers and social media users publish and discuss online.
The election rules have also been criticised for requiring the media to carry political parties’ material in brief and free of commentary. “If a journalist reports only the way politicians have stated an issue, will that help citizens make an informed decision?” asked James Marenga, a lawyer with the Dar es Salaam-based National Organisation for Legal Assistance, and one of the trainers at the Mwanza workshop.
Tanzania goes to the polls this October, with CCM – the longest-ruling party in Africa – facing a stronger opposition headed by erstwhile Prime Minister Dr. Edward Ngoyai Lowassa. Dr. Lowassa defected from the ruling party after failing to clinch its flag-bearer position that was taken by works minister Dr. Pombe Magufuli.
Tanzania’s press freedom record has been on a slide, with arrests of journalists and banning of newspapers reported. The country still has laws dating back to the colonial era – such as the Newspaper Act of 1976 – which it has used to control online publishing. With a 69% telephone penetration rate and 11.3 million internet users, more Tanzanians have taken to the online sphere to express themselves.
Besides the elections reporting code, the country has this year introduced numerous laws that hamper media freedom and the right to freedom of expression. These include a cybercrimes and a statistics law that have been passed, as well as a media services bill and a right to information bill that are pending.
The new elections reporting code thus represents a continuation of the President Jakaya Kikwete Government’s law-making that shrinks civic space and restricts the role of independent media in advancing greater transparency and access to information during a crucial election.
Section 14 of the rules cautions that results from SMS opinion polls shall not be treated as representative scientific results. Should a broadcaster wish to use results from SMS opinion polls, they have to indicate the number of respondents and to provide select representative responses.
Where the SMS poll has less than 1,000 respondents, broadcasters shall inform the audience that it is not scientific and the conclusions are not valid and reliable. The rules bar the publishing of poll findings within 30 days before polling day.
The rules also require content service providers (“licensed persons who provide broadcasting content services under and in accordance with the provisions of laws and licence conditions” issued by TRCA) to ensure “proper use of SMS sent by the public to ensure accuracy, integrity, objectivity and balance.”
Tanzania’s constitution guarantees freedom of expression and right to information. These rights need to be strongly respected if the country in order to have a free and fair election and for democratic governance to flourish. To promote a vibrant media role in reporting the elections, CIPESA is working with Tanzanian partners to train reporters, bloggers, and editors. The next training is scheduled for Dar es Salaam in the last week of August.