Access to Information in Uganda to be Recognised at Internet Freedom Forum

As part of its OpenNet Africa initiative which is aimed at promoting internet rights in Africa, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is next week set to host the second Forum on Internet Freedom in East Africa. The two-day event is scheduled for 28 and 29 September 2015, in Kampala, Uganda and will coincide with the International Right to Know Day.

Uganda was the first of two  countries in East Africa to adopt  an Access to Information Act (ATIA) in 2005 (the other is Rwanda in 2013) which promotes the right of access to information and supports public participation in decision-making processes. As part of the forum the Ministry of Information and National Guidance in the Office of the Prime Minister (Uganda) in partnership with CIPESA and the Africa Freedom of Information Centre (AFIC) will celebrate the 10th anniversary of ATIA, host discussions to evaluate the implementation of the law, how to overcome challenges on implementation and proposals for amendments. The second State of Right to Information (RTI) in Africa report will also be presented.

In Africa, Government Ministries, Departments and Agencies (MDAs), Civil Society Organisations (CSOs), the private sector, academia and ordinary citizens are increasingly utilizing online tools for social and economic engagement, online debate, advocacy and business development. The Forum will serve as a platform to discuss how the current state of internet freedoms in Africa affects these engagements. Further, it will also explore the threats online engagements face, how emerging global issues impact upon local users, as well as the opportunities for action to promote access, privacy and security online.

The 2015 edition of the State of Internet Freedom in East Africa Report will be launched at the Forum.

Ashnah Kalemera, Programmes Associate at CIPESA, says that, “This report is the culmination of exploratory research conducted in Burundi, Ethiopia, Kenya, Rwanda, Tanzania and Uganda into the threats to access, privacy and security online, as well as the knowledge, attitudes and practices of citizens on internet freedoms in these countries. The insights gathered can help guide policy makers, civil society, telecommunication regulatory authorities in understanding the internet freedom landscape in the region including the challenges, opportunities and developments.”

According to the International Telecommunication Union, by the end of 2015, there will be 3.2 billion users of the internet, of which 2 billion will come from developing countries. This translates to 34% of households in developing countries accessing the Internet, compared with more than 80% in developed countries. In the report focus countries, internet penetration in Burundi stands at 4.9% (2013 statistics), while according to 2014 statistics, Kenya had a penetration of 52%, while Rwanda was 20%, Tanzania at 4.8% and in Uganda at 20%.

The Forum brings together human rights defenders, journalists, government officials, academia, bloggers, developers, the arts community, law enforcement agencies and communication regulators, all of whom have a role to play in advancing the rights of citizens to privacy and freedom of expression in the online sphere.

Participants confirmed to attend hail from Burundi, Cameroon, Democratic Republic of Congo, Ethiopia, Germany, Italy, Kenya, Nigeria, Rwanda, Tanzania, South Africa, South Sudan, Sudan, Somalia, Uganda, United Kingdom, United States of America, Zambia, and Zimbabwe.

Speakers at the panel will come from organizations including Article 19, Bayimba (Uganda), Bloggers Association Kenya, Chapter 4, ICT Association Uganda (ICTAU), Globaleaks, Global Voices (Uganda), Great Lakes Voices (Rwanda), Hub for Investigative Media (HIM), iHub Research (Kenya), Internet Society [(Africa, Burundi and Uganda Chapters], Jamii Forums (Tanzania), UNESCO, Facebook, Kenya ICT Action Network (KICTANet), Makerere University (Uganda), Media Institute of Southern Africa (MISA), Paradigm Initiative Nigeria, Protège QV, Uganda Media Centre, Uganda Communications Commission (UCC), Uganda Police Cybercrime Unit, University of Nairobi, Web We Want, Writivism (Uganda) and the Women Of Uganda Network (WOUGNET) among others.

Topics to be discussed include electioneering and extremism in the digital age, press freedom, access to information online, the economics of the internet, digital safety, online violence against women and cybercrime. See the Programme.

We are thankful for the support received from the African Centre for Media Excellence (ACME)Ford Foundation, Hivos, Open Technology Fund, UNESCO and Web We Want.

 

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.