Promoting Cultural and Artistic Expression in Africa

By Ashnah Kalemera
As humans, individual artists enjoy rights enshrined in national laws and international instruments on freedom of expression, assembly and association. However, there are variations between countries on what the laws provide for and the level of freedoms of creative, artistic and cultural expression that citizens enjoy.
In Africa, various factors impact upon these freedoms – including political, religious, social-economic and cultural issues. According to the ArtWatch Africa 2013 report on Monitoring Freedom of Creative Expression, national constitutions, laws, regional and international conventions of which African countries are signatories support cultural rights. However, while some national constitutions expressly protect arts and creativity, others only “implicitly” refer to the sector through guaranteeing the rights to freedom of expression or cultural life.
The report indicates that only a few African countries have ratified international conventions on cultural and artistic expression, and even less have national cultural policies. The situation is further compounded by little or no state and civil society mechanisms to monitor adherence to countries’ commitments to upholding cultural and artistic rights.
Table 1: Status of the Legal Framework of Cultural and Artists Rights in Select East African Countries
 

Country Status of International, National and Regional Instruments related to Cultural and Artists Rights
National Cultural Policy University Declaration of Human Rights UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression International Covenant on Civil and Political Rights International Covenant on Economic, Social, Cultural and Political Rights The African Charter on Human and People’s Rights
Burundi None Recognises the Declaration as state party to the United Nations Ratified 2008 Ratified 1990 Ratified 1990 Ratified 1989
Ethiopia Cultural Policy 1997 Ratified 2008 Ratified 1993 Ratified 1993 Ratified 1998
Kenya Culture and Heritage Policy 2009 Ratified 2007 Ratified 1972 Ratified 1972 Ratified 1992
Rwanda Draft Cultural Policy in 2010 Ratified 2012 Ratified 1975 Ratified 1975 Ratified 1981
Uganda Culture Policy 2006 Not party Ratified 1995 Ratified 1987 Ratified 1986

Accordingly, ArtWatch Africa is working to advance freedom of creative and cultural expression in Africa. In November 2014, ArtWatch Africa in collaboration with Culture and Development East Africa (CDEA), organised a workshop to deepen key Tanzanian stakeholders’ understanding of cultural and artistic rights and to explore approaches in addressing the challenges faced in the national cultural sector. The three-day event was part of a series of workshops organised by ArtWatch Africa’s project that monitors the challenges and constraints on freedom of creative expression in Africa towards developing democracy and human rights on the continent.
Participants at the Tanzania workshop identified a number of challenges faced by local artists, including limited networks and alliances that advocate for artists’ rights. The few existing artists associations had prohibitive member subscription fees. Meanwhile, low media coverage and interest in arts and culture affected information availability in the public domain and advocacy campaigns.
Information and Communication Technologies (ICT) offer a potential to promote cultural and artistic expression but can also act as platforms for negating these rights. For instance, tools such as social media can be utilised to advance freedom of expression, build networks of like-minded organisations and enable individuals to share, seek and impart relevant information. On the other hand, the tools can be used to control arts and culture through classification restrictions on publishing and dissemination of content on grounds of age, blasphemy and censorship, among others.
During 2015, the OpenNet Africa project will be seeking to work with visual and performing artists to understand and promote freedom of expression, notably on the internet through their work and networks in Africa – both as targets for education campaigns and as agents of activism. This is in line with the project’s objectives of promoting access to information, privacy, safety and security online. OpenNet Africa is an initiative of the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the Humanist Institute for Cooperation with Developing Countries (Hivos) and the Open Technology Fund.
 

Using ICT to Promote the Right to Information: Perceptions of Ugandan Citizens and Public Officials

By Juliet Nanfuka |
Towards the end of 2014, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) conducted research into how public officials and citizens perceived the potential of Information and Communication Technology (ICT) to advance the right to information in Uganda.
The studies revealed that there is a keen interest by citizens and public officials to leverage digital tools for increased transparency, civic awareness and participation in democratic processes. However, a larger proportion of citizens was using ICT relative to the public officials to improve access to information.
One study involved the administration of a questionnaire to 62 public officers from more than 30 Ministries, Departments and Agencies (MDAs). A second study targeting citizens involved the administration of a separate questionnaire amongst 235 respondents drawn from 10 districts, mainly university students, journalists, and staff of civil society organisations.
Uganda enacted the Access to Information Act (ATIA) in 2005, becoming one of the first African countries to have such a law. The Act, however, remained unimplemented until 2011 when the enabling regulations were enacted.
Although the Access to Information Act has been in existence for the last nine years, only 18% of the public officials and 10% of citizens rated themselves as extremely knowledgeable about the law. While all public officials had some level of knowledge of the law, 9% of citizens indicated no knowledge at all of the law.
Whereas citizens indicated histories of having made information requests, only 39% of public officials indicated that they had ever received an information request made formally using the 2005 ATIA. Notably, 87% of the information requests were made informally without mention of the ATIA or completing the required request forms.
The research reveals that although ICT tools such as emails and telephone calls are being used to request for information, requested information remains in silos as it is given directly to the requester with no guarantee that it will be disseminated further.
Challenges noted by public officials for the low levels of information release included limited ICT skills, the Official Secrets Act (1964) which hampers release of information to the public, and limited resources to adequately implement the Act on a more regular basis.
Meanwhile, following the launch of the Ask Your Government (www.askyourgov.ug) initiative in August 2014, the research aimed to gauge respondents’ knowledge and use of the portal. The portal was launched by government in partnership with civil society to enable Ugandan citizens to make public information requests from MDAs.
In the research, 75% of public officials strongly agreed that the use of ICT would make it easier and simpler to respond to information requests. This was supported by 79% of the citizen respondents who believed that the use of ICT to make information requests was likely to enable public bodies become more responsive than use of manual, non-ICT means. This would alleviate the “long process” and “cumbersome bureaucracy” which citizens pointed out as key reasons for not using the law to request for information.
For journalists who participated in the research, the 21 days which the law gives public officials to respond to information requests was cited as a key challenge given the tight deadlines in media work.
See: Advancing the Right to Information Amongst Ugandan Journalists
However, both citizens and officials indicated some skepticism about the effective use of ICT to adequately support the right to information. Public officials pointed out technical challenges such as low bandwidth, outdated equipment and limited skills within the MDAs.
One official noted, “Although employed by government, many officials have no access to ICT and some lack knowledge of how to use the tools.” Safety and security concerns were raised with regard to citizens’ personal information.
Key report Findings:

  • 33% of the interviewed citizens had ever made an information request using the ATIA law. However, only 28% of these requests received positive outcomes.
  • SMS was ranked the ICT tool that citizens were most proficient in using, at 58%, followed by social media at 44%. However, respondents used Facebook more frequently than SMS.
  • Public officials ranked their proficiency highest in using SMS (63%) and email (60%), and they used email most frequently, followed by SMS. Social media use ranked low amongst public officials.

The research recommends that civil society should engage more proactively in advocacy for the right to information amongst citizens. Meanwhile, public officials should encourage citizens to make information requests. It also recommends that public officials adopt a combination of both ICT and non-ICT based channels to ensure that information requests by citizens are attended to promptly as a means of ensuring citizens’ motivation to increase their demand for information.
Public officials recognised that improvements can be made to better put more information in the public domain. They recommended the provision of more authority to information and communication officers to disclose information; increased use by MDAs of interactive websites and social media as these are channels that their audiences are using; and a repeal of the Official Secrets Act (1964).
See the full research reports below:
Ugandan Public Officials’ Perceptions of using ICT to Advance Right to Information
Citizen’s Perceptions of Using ICT to Make Right to Information Requests in Uganda

Here's What CIPESA is Up To in 2015

ICT4Democracy in East Africa Network: With funding from the Swedish International Development Cooperation Agency (Sida), CIPESA is coordinating this project, which includes sub-granting to the following partners: the Commission for Human Rights and Good Governance (Tanzania), iHub Research (Kenya), the Kenya Human Rights Commission, Women of Uganda Network, Toro Development Network, and Transparency International Uganda. The Network uses ICT to promote citizen participation in democratic processes, human rights monitoring and social accountability.
OpenNet Africa: This project continues from 2012 and has support from the Humanist Institute for Cooperation with Developing Countries (Hivos) and the Open Technology Fund. Activities include an examination of the threats to access, privacy and security online in Burundi, Ethiopia, Kenya, Rwanda, Tanzania, and Uganda. We are documenting internet rights violations on an ongoing basis and maintaining the www.opennetafrica.org portal as the one-stop resource on internet freedoms in Africa. We are training human rights defenders, journalists, bloggers, artists and minority groups on internet freedoms, privacy and security online; as well as testing and promoting the use of tools that enable anonymising users’ identities, secure communications and the circumvention of online censorship.
Leveraging Open Data and the Right to Information to Promote Service Delivery: The purpose of the project is to empower citizens in East Africa to use Right to Information (RTI) laws and constitutional guarantees in combination with ICT to lodge information requests from public bodies. The project also involves awareness-raising and network building activities to promote RTI in Kenya, Uganda and Tanzania. The work is supported by the Open Society Foundations.
iParticipate Uganda: This project has been ongoing since 2011 and is currently supported by Sida. Activities include training of media and civil society in the use of ICT to promote citizen participation in democratic processes; research and promoting awareness on the utility of ICT for promoting citizen participation in democratic and public accountability processes. The activities also include provision of support to grassroots public ICT access centres; and engaging policy makers and other influencers on enabling ICT related policies to support democratisation and free expression.
Local Actions to Secure Internet Rights: This project specifically focuses on promoting individual’ privacy and personal data online. Using the current drafting process of the Uganda Data Protection and Privacy Bill 2014, we are building advocacy work towards the adoption of a progressive legislation that protects individuals’ data and privacy in the digital era. The country has a number of laws that undermine the rights to freedom of expression, data protection, privacy and access to information. These include: the Anti-Pornography Act 2014, The Regulations on Interceptions on Communications 2010, Anti-Terrorism Act 2002, Official Secrets Act 1964, and the Computer Misuse Act 2011. The Ford Foundation is supporting this work through the Association for Progressive Communications (APC).

Uganda Government Launches Open Data Readiness Assessment

By Ashnah Kalemera
The government of Uganda has officially launched an Open Data Readiness Assessment (ODRA) study to review the country’s state of play of Open Government Data (OGD). The announcement was made at a stakeholder meeting held at the Ministry of Finance Economic Planning and Development in Kampala on February 23, 2015. The launch was attended by representatives from civil society and different Ministries, Departments and Agencies involved in implementing open data initiatives.
Coordinated by the Finance ministry, in partnership with the National Information Technology Authority (NITA) and the World Bank, the ODRA study aims to develop an action plan that provides recommendations for the government on how to implement a national open data initiative.
The launch of the assessment comes on the tail of the World Open Data Day which was commemorated in over 100 cities across the world on Saturday February 21. In the country’s capital Kampala, the day saw local enthusiasts converge at an innovation hub to discuss Open Data trends and also conduct practical exploration exercises on currently available data.
The ODRA study is based on the World Bank’s Open Data Toolkit and focuses on senior leadership, policy and legislative frameworks, institutional structures, and the responsibilities and capabilities within government. Other areas of focus include government data management policies and data availability, demand for open data, civic engagement capabilities, funding availability for an open data program, and the national infrastructure and skills. The study will involve stakeholder interviews in key priority sectors such as health, education, water, agriculture, energy and minerals, and roads and infrastructure.
A similar open government data assessment study, for Uganda conducted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in 2011 uncovered that in the absence of a dedicated open data portal, some Ugandan institutions were performing very well as far as making data and information available in the public domain. Based on basic tenets of open data readiness: knowledge, attitudes and practice, the study concluded that Uganda was ready to implement OGD with appropriate support and guidance. There however remained the need to create systems and infrastructure to converge all government data into a single location. There was also the need for a shift in attitude towards open data use and the development of appropriate regulations and standards that conform to OGD initiatives.
Indeed, a number of open governance initiatives have since taken root, including those lead by the Uganda Bureau of Statistics, Ministry of Water and Environment, Ministry of Health and CSO coalitions.
To further support availability and information provision in the public domain, the Ministry of Information and National Guidance, in partnership with CIPESA and the Africa Freedom of Information Centre (AFIC) launched an online portal (www.askyourgov.ug) in August 2014 aimed at enabling citizen’s right to information as provided for under the Access to Information Act (2005).
According to the World Bank analysts, African countries that benefited from ODRA assessments have witnessed tangible results by implementing open data initiatives. These include Kenya, Burkina Faso and Ghana whose open data portals are aimed at promoting accountability, transparency, innovation and improved service delivery. In Nigeria, an initiative is in place at local government level while more recently, an Ebola Open Data portal was launched to help manage the disease outbreak in Western Africa. The various initiatives have recorded varied levels of success in terms of the relevance of the data availed, the frequency of updates, sustainability and uptake.
The Uganda ODRA study action plan is expected to be released at the end of March 2015 with validation taking place in April 2015.

Advancing the Right to Information Amongst Ugandan Journalists

Uganda’s Access to Information Act (ATIA), 2005 is gaining traction as more journalists and citizens become aware of how they could utilise it to demand for information from public offices. Last November, journalists from 16 print and broadcast media houses were trained in using this law and the Ask Your Government (AYG) portal to address challenges related to accessing information for reporting.
The journalists were drawn from the country’s central region (Kampala) and Hoima in the oil-rich Bunyoro region in western Uganda. During the training sessions organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), participants discussed challenges to accessing information from government officials. Only a handful of participants were knowledgeable about ATIA and its regulations passed in 2011.
Meanwhile, in a landmark case, on February 6, a Chief Magistrate’s Court in Kampala ruled that the reasons for which information is requested or the belief about how it will be used “are irrelevant considerations” in determining government’s approval or denial of a request. The ruling came after the Hub for Investigative Media was denied access to information related to activities of the National Forestry Authority funded by the World Bank between 2009 and 2011. The landmark ruling sets a precedent that could make it easier for journalists and citizens to exercise the right to information.
The journalists involved in the CIPESA trainings reported that in most of their practicing experience, they sought and acquired information from “inside sources” on condition of anonymity, as civil servants habitually declined to officially provide the information requested.
“Some government bodies do not have public information departments, forcing journalists and citizens in need of information to move from one office to another, often in vain,” remarked John Kibego, who writes for The Observer newspaper from Hoima. “Many times when there are PR (public relations) people they do not have sufficient information.”
Hoima lies more than 200kms north-west of the capital Kampala. A lot of information related to the country’s oil sector is centralised at the national government in Kampala and the country headquarters of key sector players such as Tullow and the China National Offshore Oil Corporation (CNOOC), who have invested heavily in oil exploration activities in Hoima. This caused great difficulty for upcountry based journalists to access information on exploration and related activities in the region.
According to the trainees, in the instances where information was readily available, it appeared to have a public relations spin to it and did not adequately fulfil the requirements for which it was requested.
A journalist from Community Green FM in Hoima said the station had offered a free one hour programme for government to showcase work in the region, “but we have to beg government officials to come to the show and sometimes they do not come. Sometimes we have to promise to pay them before they come to the show.”
It was also noted that some government officials feel the media is always out on a witch-hunt, making them reluctant to part with information requested by journalists.
Nonetheless, participants were encouraged to always cite the ATIA when requesting for information from government officials. The law compels public officials to release information which is not exempted by the law. However, concern was raised about the 21 days within which an official has to respond to an information request. Participants highlighted this as an obstacle to receiving timely information as required in a fast-paced media environment.
The refusal to disclose information categorised by the Act as “classified” was another challenge. Information exempted by ATIA includes that relating to matters of national security, cabinet records, protected information (such as information being used during a court proceeding), and health records.
Furthermore, some negating laws such as the Regulations of Interception of Communications Act, 2010, Official Secrecy Act, 1964, and the Anti-Terrorism Act, 2002 provided additional barriers to citizens’ right to information and proactive provision of information by public officials. The Secrecy Act prohibits officials from disclosing government information.
To facilitate the media’s work, participants were encouraged to utilise the www.askyourgov.ug portal in lodging formal information requests. The portal provided a means to rectify media concerns over perceived lack of government transparency given that requests made and their responses (granted or denied) were made public.
At the end of the trainings, participants were encouraged to register on the portal and make information requests to government Ministries, Departments and Agencies (MDAs) as they develop stories for their respective media houses. Over the coming months, CIPESA will be documenting the developed stories as case studies on the implementation of the Access to Information Act in Uganda.

See a journalist’s experience using the portal: Ask your Government Could Stamp Out Corruption in Uganda

AYG is an initiative of the Directorate of Information and National Guidance, Office of the Prime Minister (OPM) in partnership with CIPESA and the Africa Freedom of Information Centre (AFIC).
To learn more about AYG, see: