How the Covid-19 Fight Has Hurt Digital Rights in East Africa

By Paul Kimumwe |

The fight against the coronavirus (Covid-19) pandemic in Kenya, Tanzania, and Uganda has dealt a blow to the promotion and preservation of human rights in the region. The outbreak of Covid-19 could not have come at a worse time, as the countries were preparing for their respective general elections (October 2020 for Tanzania, January 2021 for  Uganda, and a potential referendum in 2021 and the August 2022 elections in Kenya).

Even before confirmation of Covid-19 cases in the region, the three East African countries had instituted Covid-19 mitigation measures, including the adoption of statutory instruments which quickly suspended constitutional guarantees without reasonable justification or meaningful stakeholder consultation. The measures were accompanied with a problematic onslaught on the media, the political opposition and ordinary citizens, which undermined the enjoyment of the rights to freedom of expression, assembly and association, and the right to access a variety of news and information, which was critical to informed decision-making particularly during electoral processes.

On March 18, 2020, Uganda instituted its first set of measures that included the closure of schools and a ban on all political, religious, and social gatherings. A week after the March 22, 2020 confirmation of the first case in the country, the Ministry of Health issued the Public Health (Control of Covid-19) (No. 2) Rules, 2020 that introduced further restrictions including a dusk-to-dawn curfew, the closure of institutions of learning and places of worship, the suspension of public gatherings, a ban on public transport and the closure of the country’s borders and the international airport to passenger traffic.

In Kenya, the government introduced several measures to curb the spread of Covid-19 that included the suspension of public gatherings and other social distancing requirements; limitation of travel into and outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; as well as inter-county travel bans between the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

A day after the government confirmed its first coronavirus case, Tanzania introduced a series of measures that included the closure of schools and the suspension of sports events on March 17, 2020. Additional directives, including quarantining travelers from countries with confirmed cases of COVID-19 at the travelers’ own cost, were announced by President Pombe Magufuli.

While many of the restrictions such as the closure of international borders, schools and churches and prohibitions on public gatherings have since been relaxed, the long-term impact of these and other restrictions persist.

In this brief, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) researched Covid-19 related censorship and surveillance practices and related regulatory responses in Kenya, Tanzania and Uganda that affected people’s’ digital rights, including the right to freedom of expression, access to information, and privacy. It shows that the different measures adopted by the three countries, including enactment and enforcement of repressive laws on misinformation/fake news, as well as intimidation, arrests, detentions, and suspension of media operations, have led to an erosion of civil liberties online and offline.

The brief recommends the amendment of all the Covid-19 legislation that restricts freedoms to bring it into conformity with international standards on the right to privacy, data collection and processing as well as freedom of expression and access to information. Further, it urges governments to improve the affordability of the internet by more citizens, ensure the respect of citizens’ rights; and be transparent, and accountable in the conduct of Covid-19 related data collection and surveillance.

Why Access to Information is Essential for Democratic Elections in Africa

By Dunia Mekonnen Tegegn |

The importance of access to information in the electoral process and for democratic governance is documented in the African Charter for Democracy, Elections and Governance, and other sub-regional treaties and standards.

Without access to reliable information during the electoral process, it is difficult for citizens to eloquently exercise their right to make an informed choice. For elections to be free, fair, and credible, voters must have access to information at all stages of the electoral process. Access to information enables voters to be educated and informed about political processes so that they can have a basis upon which to vote for political office holders and to hold public officials responsible for their acts or oversights in the implementation of their actions.

Though Africa has developed several normative frameworks and legal instruments defining democratic elections, the wider dissemination of relevant information during the electoral process remains a challenge, putting the credibility of the process into question.

The Revised Declaration of Principles of Freedom of Expression and Access to Information under principle 13 emphasises that any preparatory work for elections should take into account the need for access to information and adherence to the African Union Commission’s Guidelines on access to information and elections.

Over the past few years, access to information has further been made easier through advances in information and communications technology (ICT), especially the internet, which have expanded the avenues through which people can access and share news and information.

Consequently, the importance of internet access in the dissemination of information that is politically balanced and adequate, particularly during election times, has also been underscored under many of the regional human rights instruments     .

For example, the UN Committee on Civil and Political Rights (CCPR) has emphasised that the internet is one way of expression since paragraph 2 of article 19 protects all forms of expression and the means of their dissemination. Similarly, principles 37 and 38 of the Revised Declaration of Principles of Freedom of Expression and Access to Information provide protection for access to the internet.

Despite existing guarantees, both state and non-state actors have violated these rights by limiting access to information during election periods through ordering internet shutdowns, clamping down on news media, and restricting the movements of political opponents to campaign. This in turn undermined the reliability of electoral processes.

Trends also indicate that most of the African countries conducting elections in 2020 and beyond have experienced internet shutdowns, often affecting the fairness and credibility of the elections.

The situation has further been complicated by COVID-19, which has hampered crucial offline electioneering, making the online space crucial. Though state and non-state actors have used various types of strategies to censor and restrict information during election times including through blocking certain content and internet pages, the impact blanket internet shutdowns have on access to information is massive. This strategy is not the best option as internet shutdowns only present short term solutions. Other alternatives should be sought, such as progressive laws, judicial oversight , and legal actions before domestic and regional courts     .

In this report, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) explores the challenges citizens face in accessing crucial information in Africa, especially during elections, despite the recent developments in the ICT sector, including the internet which is often shut down as governments attempt to stifle their citizens’ ability to seek and share information online.

Call for Proposals: Defending Digital Rights through Policy Advocacy

Call for Proposals |

Since its launch in 2019, the Africa Digital Rights Fund (ADRF) has worked to grow the number of individuals and organisations that work to advance digital rights in Africa through rapid response and flexible grants. Furthermore, the fund has provided technical and institutional support to further enhance grantee’s efforts and ensure sustainability.

Inspired by the exceptional work of grantees to date, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has partnered with the Center for International Private Enterprise (CIPE) to support select current or previous ADRF grantees to deploy a six-month policy advocacy campaign that furthers the conversation on internet freedom.

Building on existing efforts, recipients will be encouraged to use the Democratic Principles for an Open Internet and/or the Open Internet for Advocacy Playbook as a framework for the advocacy campaigns focused on advancing internet freedom. Recipients will also be encouraged to engage with diverse stakeholder groups in the advocacy projects, including local private sector organizations, and government ministries focused on the digital economy when relevant. 

Grant amounts will range between USD 5,000 and USD 8,000 based on the need and scope of the proposed intervention. 

Applicants MUST be a previous or current ADRF grantee organization.

The deadline for submissions is March 5, 2021. 

The application form can be accessed here.

Duration

The grant period will last approximately six months. (Approximate start date: April 2021)

Expectations 

  • Implement a policy advocacy initiative that promotes and protects digital rights at a local, national, or regional level. Advocacy plans must articulate how the project contributes to conversations on advancing internet freedom and outline the potential impact of the project activities. Applicants are strongly encouraged to incorporate the use of the Democratic Principles for an Open Internet and/or the Open Internet for Democracy Advocacy Playbook in proposed advocacy initiatives. Preference will also be given to project plans that demonstrate: A) the desire to implement a policy advocacy campaign that furthers the conversation on the intersection between internet freedom and an inclusive digital economy; and B) the ability and/or interest to engage with diverse stakeholder groups such as local chambers of commerce, business associations, economic think tanks, and/or entrepreneurs.
    • Examples of what projects might entail include:
      • Organizing an advocacy campaign to raise awareness aimed at equipping policymakers with information about the pitfalls of policies inspired by digital authoritarianism. 
      • Conducting multi-stakeholder workshops or roundtable discussions and developing a policy paper that provides key recommendations on how a proposed government action or policy could be improved to advance the development of an online space that promotes digital rights and an inclusive digital economy. 
  • Provide frequent updates to CIPESA on progress made during the advocacy initiative, and seek guidance from CIPESA as needed. 
  • Prepare a short report on the project activities and outcomes from the advocacy initiative, to be shared with CIPE and CIPESA. The report should also include a list of key stakeholders that were involved in any advocacy-related activities, such as multi-stakeholder dialogues. 
  • Participate in a regional dialogue focused on how to advance digital rights across Africa. (Location and dates TBD). 

Selection Criteria 

  • Demonstrated track record from the organization’s work as a current or previous ADRF grantee organization. 
  • Strength, feasibility, and anticipated impact of the proposed project.
  • Ability to travel and present at a regional dialogue which furthers the conversation on internet freedom (location TBD; costs covered for one representative from each selected organization; In-person participation in the event is contingent on health considerations related to the COVID-19 pandemic. Selected candidates are expected to participate online if the events are moved online due to COVID-19).

Africa Digital Rights Fund Supports Mainstreaming of Online Freedoms in Somali Territories

By Ashnah Kalemera |

The digital landscape of Somalia and the breakaway states of Somaliland and Puntland is largely shaped by the region’s history of terrorism and political turmoil. Website censorship, internet disruptions and crackdowns on the media co-exist in a fast-evolving technology sector, within a regressive policy and regulatory environment. With support from the Africa Digital Rights Fund (ADRF), three Somali initiatives are working to positively influence this landscape by raising the visibility of digital rights issues, alongside pushing for policy and practice reforms to ensure effective and inclusive use of technology for socio-economic and political development. 

Combined, the initiatives have skilled 235 human rights defenders, media practitioners and activists in safety and security online, and convened multiple stakeholder forums featuring government authorities, the private sector, civil society and law enforcement to promote wider awareness on digital rights and the need to prioritise rights-respecting technology adoption. The initiatives have also amplified efforts on effective utilisation of technology in Covid-19 response measures and worked to close the digital gender gap, focusing some interventions on addressing barriers to women’s meaningful participation in online spaces.

Freedom House’s Freedom in the World 2020 report ranks Somaliland as ‘partly free’, citing a “consistent erosion of political rights and civic space” evidenced by numerous arrests and detention of journalists and critics, and suspension of media outlets, among others. Assessed separately, Somalia is ranked as ‘not free’ with “impunity for human rights abuses by both state and nonstate actors” being the norm. As a combined region, Somalia’s press freedom ranking is dismal too – at position 163 out of 180 countries assessed as part of the 2020 World Press Freedom Index.

Somalia’s telecommunications sector, which is largely unregulated, has recorded steady growth, with 2020 figures indicating mobile subscriptions at 48% of the population and 10% internet penetration. Mobile money usage is widespread and, according to GSMA’s Mobile Money Regulatory Index, Somalia is ahead of many regional counterparts, having formalised sector regulations during 2019, allowed non-banks to offer electronic and mobile-based financial services, and permitted international mobile money transfers.

The ADRF’s partners – Digital Shelter, the Somaliland Journalists Association (SOLJA), and the Women in Media in Somalia (WIMISOM)- recognise that increased use of online platforms has the potential to positively shape political participation, innovation, inclusion and the realisation of human rights in Somalia and its breakaway regions.

In response to arrests and intimidation of several journalists and social media activists by the Somali federal government and federal states, digital attacks, and threats from terrorist groups, Digital Shelter spearheaded the “protect our online space” initiative with ADRF support. Under the initiative, Digital Shelter hosted a groundbreaking dialogue on shrinking online civic space in Mogadishu, which was attended by 80 human rights defenders, journalists, bloggers and artists. The dialogue was followed by two digital security training sessions (hosted over three days each), also held in Mogadishu, benefiting 100 participants (47% female), including women human rights defenders, media practitioners and activists. Besides risk assessment, device security, encryption and circumvention, the training featured sessions on tackling misinformation and disinformation. 

Digital Shelter hosted a second dialogue on digital transformation and the future of online civic space in Mogadishu in partnership with the Ministry of Posts, Telecommunications and Technology (MPTT). This forum brought together 80 government officials, tech activists, ICT experts, media practitioners, and civil society representatives. Speaking as a panelist at the forum, Abdiaziz Duwane, Director General of MPTT, reiterated the government’s commitment to prioritise the use of technology in private and public sectors, and to improve rural connectivity. 

With the success of the two dialogues, Digital Shelter went on to support Somalia’s Covid-19 response measures by hosting an engagement on misinformation and media coverage around Covid-19. Additionally, since September 2020, it has hosted monthly meet ups on digital rights topics, featuring various guest speakers. 

Recognising the role of media practitioners and digital platforms in promoting peace in conflict regions, the Somaliland Journalists Association (SOLJA), with ADRF support, equipped 120 journalists (40% female) with skills in innovative content development, safety and security online, and journalism for peace and humanitarianism. In addition, SOLJA organised a multi-stakeholder dialogue aimed at understanding misinformation and fact checking. Speaking at the dialogue, Muna Toosane, the Director of Communication at the Somaliland Ministry of Information and National Awareness, stated that ongoing government interventions were focused on increased adoption of technology, while mindful of emerging concerns over the spread of false and misleading information online. 

The engagements by SOLJA were informed by a knowledge, attitudes and perceptions survey on the impact of online platforms on print and broadcast media in Somaliland. Conducted during February and March 2020, the survey targeted 51 media stakeholders including the Ministry of Information, local print, broadcast and online media agencies, independent media practitioners, academia, human rights  and civil society organisations. The survey found that online platforms were perceived to have had a positive impact on governance and human rights in Somaliland. However, journalists’ use of the platforms was being undermined by limited understanding of online safety and security, pervasive hate speech and misinformation.

Further, SOLJA monitored Covid-19 coverage by five public and private media entities during April and May 2020. The assessment of Geeska Afrika, Jamhuuriya, Radio Hargeisa, Horn Cable TV and Saab TV, found that briefings from the Ministry of Health, the activities of the national response committee and prevention measures were the leading topics of reporting. However, messaging was often repetitive with little on societal and behavioural change. The report also found cases of misinformation on social media being reproduced in print and broadcast stories, as well as limited inclusion of women’s voices.

SOLJA has since gone on to engage Somaliland Members of Parliament, legal and religious leaders and the Deputy General Secretary of Somaliland parliament on a draft media bill to replace the Press Law 24/2004.

Digital Shelter and SOLJA’s interventions set the foundation for the third ADRF Somali grantee – Women in Media Initiative Somalia (WIMISOM) – whose work during 2020/2021 is focused on building the digital security skills and knowledge of women journalists (print, broadcast and online) and women-led media organisations in Puntland, Somalia and Somaliland as a means of combating threats against female journalists and their sources. 

Towards the end of 2020, WIMISON conducted a three days training of trainers (ToT) in Puntland, which was launched by a representative from the Puntland Ministry of Women Development and Family Affairs (MOWDAFA). The 15 trained trainers are due to support regional training during January and February 2021. In commemoration of the 16 Days of Activism Against Gender-based Violence, WIMISOM organised a roundtable discussion on the challenges facing women in journalism and their role in fighting gender-based violence. 

The July 2020 profiling of Digital Shelter’s work by the United Nations Assistance Mission in Somalia (UNSOM) is testament to the need for continued elevation of digital rights advocacy and network building within wider efforts to advance human rights in Somalia, Puntland and Somaliland – a need that ADRF is proud to have set the pace for by supporting Digital Shelter, SOLJA and WIMISOM.

The ADRF is an initiative of the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) with support from the Omidyar Network, Ford Foundation, the German Society for International Cooperation Agency (GIZ) and the Swedish International Development Cooperation Agency (Sida).

Call for Participation: Post-Graduate Workshop on Digital Data in East Africa and Beyond

Apply Now |

We would like to invite applications for a day-long virtual Post-Graduate Workshop on Digital Data in East Africa and Beyond scheduled to take place on February 25, 2021. It will be run by the Developing Data project, a network including Strathmore University’s Centre of Intellectual Property & Information Technology (CIPIT), Collaboration on International ICT Policy in East and Southern Africa (CIPESA), and the University of Edinburgh’s Centre of African Studies (CAS). The project looks at a range of both financial and political uses of data in East Africa and across the rest of the African continent. For more information please visit: https://developingdata.org/

Applicants will be required to submit a short summary (approximately 1,000 words) of a work in progress, for example, an article, dissertation chapter, or grant proposal. The workshop will then involve each participant giving a short presentation on their work. The students will then receive feedback on their presentations from academic staff involved in the network. There will also be opportunities for students to discuss methods, approaches, and findings among themselves. This workshop would represent a good opportunity to meet people working on similar subject areas, something that could facilitate future knowledge exchange and collaborations.

Please consider applying if:

  • You are a masters or PhD student at either an East African university or the University of Edinburgh.
  • You have a work in progress that is related to the themes covered by the Developing Data project.

How to apply: Applicants are required to submit a summary (approximately 1,000 words) on the topic that they wish to present. Please email [email protected] if you would like to apply or if you have questions about the event.

The deadline for applications is Monday, February 15 at 12pm EAT.