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21Oct

Chad Lifted the 16-Months Social Media Shutdown But Concerns Remain

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By Simone Toussi |

In July 2019, the Chadian government lifted a 16-month blockage on access to social media, which it had imposed in March 2018. While connected citizens are now able to access social media with ease, various concerns remain. Digital communication costs are prohibitively high, the media are routinely muzzled, the country is still autocratic, and President Idriss Déby – in office for 29 years now – is not in a hurry to relinquish power. The prospects of enjoying a greater range of digital rights are low, the likelihood of another internet disruption high.

Chad has one of the world’s lowest Information and Communication Technologies (ICT) penetration rates, with internet penetration of 11.4% and mobile penetration of 46.9%. It is ranked 174th out of 176 countries worldwide and 36th out of 38 surveyed countries in Africa by ICT Development Index (IDI).

The low internet penetration did not deter the government from ordering a social media blackout when citizens staged widespread public protests against constitutional changes that could see President Déby rule until 2033. The blockage was only lifted 16 months later in the face of severe national and international pressure. While the blockage lasted, it hampered ICT uptake, denied citizens access to information, hurt their livelihoods, cost the national economy over USD 200 million, and constrained innovation.

Is Chad then ready to harness and to reap the dividends that a digital society delivers? The landlocked central African country has recently launched a 1,200 km fibre optic network linking the capital N’Djamena to the border with Sudan, a large step in broadband coverage extension since international fibre reached the country in 2012. The World Bank-supported Central African Backbone (CAB) project is also expanding ICT infrastructure. But affordability remains a huge problem, and the affronts to freedom of expression and the free flow of information online have slowed ICT uptake in the country of 16 million people. In this article, we provide a rundown of the country’s ICT sector.

 ICT Legal and Regulatory Framework

The key regulations in Chad’s digital space are the law N° 014/PR/2014 on eCommunications, the law N° 009/PR/2015 on Cybersecurity and the fight against Cybercrime, the law N° 007/PR/2015 on the Protection of Personal Data, and the law N° 008/PR/2015 on eTransactions.

At the institutional level, the National Agency for Computer Security and eCertification (ANSICE), established by law N° 006/PR/2015 and under the tutelage of the Presidency, designs and implements policies to combat cybercrime, regulate and control national information systems’ security and  eCommunication networks. It coordinates national cyber security actions to ensure the security of government systems and critical state infrastructure. The Regulatory Authority for eCommunications and Posts (ARCEP), which is supervised by the Ministry of Post and New Information and Communications Technologies, is the industry regulator. The ICT Development Agency (ADETIC) develops and monitors the implementation of the national ICT development strategy. However, while its establishing Law N° 12/PR/2014 provides for formation of a national ICT strategy, to-date, a strategy has not been put in place.

 Access and Affordability

Article 90 of the eCommunications Act  provides for good quality and affordable, universal ICT services across the country. At the July 2019 inauguration of the 1,200km national optical fibre network, President Déby stated that “operators and the State must make efforts to further support the lowering of the internet connection rates, while ensuring quality of services”. However, these aspirations remain a pipedream, as infrastructure is thinly spread and taxes make access unaffordable to many. According to the 2018 ARCEP Telecommunications Market Observatory report issued in May 2019, the average cost of one GB of data per month is currently 7,000 FCFA (USD 12), representing about 12% of the monthly minimum wage which is 60,000 FCFA (USD 101) in Chad. This means only a fraction of Chadians can afford to consistently purchase data and use the internet.  In addition, speeds are low – 5KBps in 2018 as reported by ARCEP –  making it hard for companies and start-ups to provide digital-based development solutions. According to Sidick Bachir Lougouma, the director general of ARCEP, with the new optical fibre network, “Chad will be able to provide national operators with a capacity of 100 gigabits of which 40 gigabits are already available.”

Meanwhile, high taxation rates also undermine affordability and uptake. Excise duty tax on mobile operators rose from 4% in 2014 to 7% in 2016. In 2017, the excise duty shot up to 18%, before falling to 9% in 2018 to-date, according to the 2019 Finance Law. In addition to the excise duty tax, Article 27 of the Finance Law states, “Subscription contracts for post-paid and fixed mobile phones are subject to a stamp duty equal to 10% of the amount of the invoices sent to the customer.”

The ACERP’s 2018 report estimates the number of mobile subscribers at seven million – equivalent to a mobile penetration rate of 46.9%. Airtel Chad, Tigo Chad, Salam, and Sotel Fixed-Tawali are the leading telecom operators, with the lion’s share of the market held by Tigo (51.1%) and Airtel (48.5%). The number of internet users was estimated at 1.74 million, representing a penetration rate of 11.4% in 2018, compared to 1.5% in 2009.

While the ongoing infrastructure investments might improve internet speeds and expand access, including to broadband, to larger parts of the country, the high and multiple taxes will keep telecommunications prices high and undermine growth in subscriber numbers.

 Safety, Personal Data and Privacy

The Constitution of Chad provides for the protection of privacy in Article 49, stating: “The privacy of correspondence and communications is guaranteed by law.” Article 182 establishes the High Authority for Media and Broadcasting – an independent administrative body responsible for promoting freedom of the press, and access to information “within the framework of deference for national cultural values, public order and citizens’ privacy. “

The above constitutional provisions are reflected in the 2015 law on the Protection of Personal Data, which aims to regulate the collection, processing, transmission, storage and use of personal data. It defines personal data as “any information relating to a natural person identified or identifiable directly or indirectly, by reference to an identification number or to one or more elements, specific to his physical, physiological, genetic, psychological, cultural identity, social or economic” (Section 5).

The application of the law is ensured by the ANSICE, following a framework defined by the law N° 006/PR/2015. It guarantees respect for the fundamental rights and freedoms of natural persons, the state, local and regional authorities, civil society, and aims to ensure that the use of ICT does not  infringe on individual or public liberties, especially on private life (Article 1, Paragraph 2). The law is considered  a good step towards protecting personal data and promoting users’ digital rights.

 Freedom of Expression and Freedom of the Press

Freedom of expression and freedom of the press are guaranteed by the Chadian Constitution as follows: “The freedoms of opinion and expression, communication, conscience, religion, press, association, meeting, movement, events are guaranteed to all. They can only be limited by respect for the freedoms and rights of others and the imperative to safeguard national unity, public order and morality“ (Article 28).

However, the country is ranked 122nd out of 180 countries in the World Press Freedom Index 2019. Arbitrary arrests and detention of journalists, closure of media outlets, a restrictive operating environment for human rights defenders, threats, intimidation and assault of reporters – have led to a culture of self-censorship online.

In addition, the government has ordered long-lasting disruptions to social networks, thus muzzling citizen participation in decision-making and the democratic process through the internet. Following the controversial re-election of President Déby in 2016, over 10 websites were blocked and the whole country experienced an internet shutdown for several weeks, followed by an eight-month disruption to social networks. At the time, authorities acknowledged that SMS services were restricted “as a security measure” but denied any interference with internet services, instead citing technical challenges.

There were reports of another government-ordered internet disruption on January 25, 2018, to thwart an anti-austerity protest. The planned “peaceful march” against “bad governance, injustices of all kinds and anti-social measures taken by the government” was organised by several civil society organisations in major cities across the country. The Minister of the Interior and Public Security banned the march, before the internet disruption occurred.

In the same way, following protests against constitutional changes, the Chadian government blocked access to social networks including Facebook, Twitter, WhatsApp, Instagram and YouTube for 16 months – from March 2018 to July 2019. While lifting the blockage, President Déby confirmed that his government had ordered the restriction of access to social networks to preserve national security. Without citing any law, he added: “For a country like Chad which has had dark hours, it is not acceptable for the internet to be diverted for malicious purposes by some individuals with fatal intentions for peace and national unity.”

 Conclusion

The ICT sector in Chad remains under-developed and there is a lack of a clear roadmap to a vibrant digital society. The culture of ordering network disruptions, negligible efforts in bridging the digital divide and ensuring universal access, as well as multiple and high levels of taxation, censorship of online and traditional media by the government, remain bottlenecks to an accessible and affordable internet and undermine the contribution of ICT to Chad’s socio-economic development.

Revisions to restrictive laws  and the passing of implementation regulation for existing laws is thus crucial. As in the adoption of a national strategy for ICT development.

11Oct

Championing Internet Freedom and Universal Periodic Review (UPR) at #FIFAfrica2019

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By Sandra Acheng |
Due to the rise of internet usage, there is an increasing rate of abuse, threats, and attacks on the internet users’ which women usually fall prey to. The internet can lead to disruption and disinformation and this determines the intensifying need for defending digital human rights violations with a focus on freedom of expression, press freedom and digital rights. Human rights online is a topic that is often forgotten during discussions of human rights violations because the concept is still quite new without acknowledging the reality that human rights offline can translate online.  Many people usually face numerous human rights violations online but they are not even aware that their rights are being violated or where and who to report to in case this happens.
The growing rate of human rights violations online is a result of more people getting online and this greatly affects internet freedom.  Uganda experienced internet shutdowns by the government during elections in 2016 and this affected freedom of expression and online digital rights of users. Also, the introduction of Over the top (OTT) by the Ugandan Government last year in June 2018 has limited users from accessing and using the internet. The increased use of ICT has led to women facing abuse and violence more than ever for instance the growing rate of  Non Consensual distribution of images commonly done by intimate partner (NCII) commonly referred to as “Revenge Porn” is usually associated to morality and decency of women which violates their privacy, women’s rights as well as criminalizing and undermining women who exercise their right to sexual expression.
This year, Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with Small Media convened a two days’ pre-event workshop on the 23rd and 24th September 2019 @FIFAfrica2019 at Ethiopian Sky Light Hotel for human rights defenders on UPR. It was an intense, interactive and fun training that gathered over 30 male and female participants from different African countries that are doing incredible work to champion freedom of expression, press freedom, and human rights online also known as digital rights to influence government and non-government actors in their country or others in defense of human rights. The two days’ workshop tackled;

  • Introduction to the Universal Periodic Review Advocacy Assembly
  • Making an Impact with the Universal Periodic Review

The understanding of UPR
The human rights system that previously existed was criticized for being selective (not all states, not all rights), non-collaborative, paralyzed by political games, therefore, the UPR came as a response to the Human Rights system because UPR is non-selective, collaborative and have no double standard. UPR is Universal Periodic Review and the first United Nations Human rights mechanism on Human rights online to create a more just world for everyone since it requires every UN member country to review, therefore, it gives entry to CSOs.
The UPR CYCLE
The universal periodic review happens every 4 to 5 years for 6 months. However, Countries have limited time to make recommendations.
How can internet freedom be championed in UPR?
Human rights review mechanism such as United Nations Universal Periodic Review provides a good opportunity to review human rights violations online among African countries and can be a good way of arguing that digital human rights are universal and hold African governments accountable on how they treat their citizens on this. Here are incredible ways internet freedom can be championed in UPR;

  • Building capacity of more human rights defenders and activists in African civil society organizations
  • Encourage collaborations at the national level; by bringing in new people during the periodic reviews of states doing the same work to get more people aware. Collaborations by group increase credibility because local NGOs collaborate with international bodies and togetherness is better.
  • Increase participation by involving different actors in CSO activism and human rights in different Africa civil society countries to lobby governments to submit recommendations.
  • Make UPR an expert mechanism because UPR is a political mechanism and it focuses on states which consider only national priorities.
  • Increase the time taken by each state to raise issues and make recommendations at Geneva because usually 50-100 states take the floor for 3-5 hours and make 4-5 recommendations which are limited time for each state to put the recommendations
  • Gather more activists and human rights defenders to convince African states to raise the issues of policy and laws during the UPR and take up recommendations made.
  • Showcase more research to make the UPR recommendations valuable.
  • Form a coalition in different African countries or states so that the group get accurate and real time information and participate in UPR which will give a sense of responsibility and commitment by different states to make submissions in time.

However, there are relevant tips or rules for advocacy of issues for considerations during the preparation of recommendations of a state under review;

  • The recommendation must be specific enough by mentioning specific laws and should be easy to follow up on the recommendations
  • It is good if the recommendations focus on only one issue.
  • It is better if the recommendations are action oriented.
  • Use Human rights language. Avoid languages that make the recommendations impossible.
  • Make the recommendations stronger by backing it up with references in your country for instance treaties or laws in your country.
  • Back up your recommendations from the African commission or other international bodies.
  • It is useful to put yourself in the shoe of the person you are trying to interest on your issues for instance on time.
  • Know your country very well in terms of internet freedom.
  • Prepare a statement of UPR for 2 weeks in about 10 countries.
  • It is good to make the presentation of recommendation a dialogue
  • It is always good to contact the person you are convincing before because they may not support your issues.
  • Note that not all diplomats are familiar with human rights online.
  • Pitch your idea.

There is need to build capacity, encourage collaborations and increase participation in Universal Periodic Review (UPR) process.

08Oct

Building Capacity and Collaborations for Digital Rights Research in Africa

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By CIPESA Staff Writer |

Evidence-based digital rights advocacy has become particularly crucial in Africa as a growing number of governments and powerful private actors continue to undermine citizens’ online rights through legal and extra-legal means. 

But as the need for internet policy advocacy that is informed by research grows, it is essential to increase the amount and depth of research originating from, and relevant to, Africa. Equally, it is necessary to expand beyond traditional research methods to include contemporary approaches such as network measurements, social network analysis, and data mining.

How then do we grow subject area expertise and capacity in conducting multi-disciplinary digital rights research among the digital rights researcher and practitioner communities? How can we build multi-sector and multi-country collaborations that produce actionable research results to inform advocacy and policy making?

These questions were at the centre of a Digital Rights Research Methods Workshop conducted on September 24, 2019 as one of the pre-events to the 2019 Forum on Internet Freedom in Africa (FIFAfrica19) in Addis Ababa, Ethiopia. The workshop was attended by 58 participants who included university lecturers, staff of international human rights organisations, digital rights researchers, activists, technologists and lawyers. 

It built on the foundations of a five-day intensive training on internet policy research methods co-organised with the Annenberg School for Communication’s Internet Policy Observatory in 2018, which aimed to train, connect, and build collaboration between researchers, activists, academics and internet freedom advocates, and brought together 40 participants from 17 countries.

Participants engaging with each other during the workshop | Picture by: Gilbert Bwette

Below are highlights from the Digital Rights Research Methods Workshop held at FIFAfrica19.

Qualitative Research Techniques and Data Practices for Human Rights Research 

This track explored the role and potential of qualitative methods and techniques when conducting research on human rights issues. While many techniques are available to researchers, qualitative methods can generate important insights into the social, cultural, and individual worlds of participants. 

In this session, Prof. Peter Fussey, a Director at the Centre for Research into Information, Surveillance and Privacy (CRISP) at the University of Essex, explained that while qualitative methods are varied, they largely adopt three broad approaches: qualitative interviewing, ethnographic method, and qualitative text analysis. 

While describing these methods in detail, Prof. Fussey – who is also a Research Director of the Human Rights, Big Data and Technology project – explained what constitutes robust and methodologically rigorous research. He provided examples of how such techniques have been used in many creative ways and have offered insights into issues such as how power is experienced and mediated in prisons, the lives of activists, social bonds among social movements, community perspectives of intensive policing, online behaviours, and occupational cultures among law enforcement officers.

Experiences in conducting digital rights research
In this session, Jimmy Kainja (University of Malawi), Raymond Onuoha (Lagos Business School), Richard Ngamita (data specialist), Victor Kapiyo and Paul Kimumwe (CIPESA), shared experiences in researching digital rights. They cited several challenges like data unavailability, low research funding, resistance to researching on “sensitive” topics like LGBTI rights, continued reliance on traditional research approaches, underutilisation of available digital data, difficulties in finding government  information online, and difficulty in finding the right collaborators.  

Left to Right: Paul Kimumwe, Jimmy Kainja, Richard Ngamita, Raymond Onuoha, Victor Kapiyo | Picture by: Gilbert Bwette

According to Kimumwe, there is a lack of a pool of researchers with the relevant skills to conduct digital research. “There is no specific training of researchers. There is a lot of learning on the job and this sometimes compromises on the quality of research outputs since some critical issues are ignored – like choosing the best possible method, sampling and ethical considerations,” he said.

Other challenges mentioned include poor dissemination of research results to relevant audiences including policy makers and human rights defender organisations; and failure to make research part and parcel of digital rights advocacy work. It was recommended that, wherever feasible, government officials and other stakeholders be included in the research design in order for the research results to  be used to influence these stakeholders. Also recommendation was nurturing collaborations involving academic institutions, research institutions and digital rights advocacy organisations; capacity building in fundraising for research; and developing an African open data ecosystem to enhance access to research data, data sharing, and data re-use.

Assessing Legal Frameworks Affecting Civic Space  

Track three of the workshop introduced participants to the concepts of civic space and international principles protecting association, assembly, and expression rights. During the session, Irene Petras and Florence Nakazibwe from the International Center for Non-Profit Law (ICNL), provided examples of how various types of legislation are used to restrict these rights in practice, including in the digital space; and shared strategies on how to raise civic awareness of legal frameworks and promote legal reforms to improve the enabling environment for civil society and the media.

It was noted that governments, including in Africa, are increasingly restricting civic space in different ways. While the restrictions have traditionally manifested through legislation aimed at regulating the operations of civil society organisations and mainstream media, new concerns such as countering money laundering and terrorism, regulating current and emerging digital technologies, and policing online activities have widened the menu of laws, policies and administrative practices that can negatively affect civic space.

Accordingly, noted Petras and Nakazibwe, greater efforts are needed to ensure effective and progressive international and continental legal standards and protective mechanisms, and to widen the network of state and non-state actors who can advocate for positive reforms.

The Internet Measurements Laboratory

The growing internet user numbers in Africa make it prudent to understand the structure and behaviour of the internet. This is important given the rising incidents of malicious attacks (and the sophistication of methods and tools used) as well as the increase in cases of internet censorship and network disruptions (with little transparency by censoring states and telecom companies about their actions). 

The Laboratory was led by Alp Toker and Isik Mater of Netblocks. In the first part they took participants through why measurement evidence-based approaches to internet rights advocacy are critical, what impact they are having, how the latest tools can be used and coordinated by technical and civil society stakeholders, and how data can be integrated as evidence in legal and policy-making contexts. The second half featured real-time visualisations exploring various countries’ current and historic internet data readings, and future directions for network measurements. 

Measuring the occurrence of internet censorship and identifying techniques employed is instrumental to scientifically documenting the phenomenon, understanding its effects, raising the awareness of users and building response mechanisms. The aim of the Internet Measurement Laboratory was to get more African actors, notably those that work on internet freedom issues, involved in conducting regular, multi-methods internet measurements.

The Laboratory was also expected to help generate closer linkages between measurement organisations and internet freedom researchers, advocates and activists; and offer practical knowledge on how to utilise measurement data from entities so as to generate research insights to improve understanding of the technological ways through which internet disruptions have been implemented over time and in various countries, and to build responsive response mechanisms and advocacy campaigns.

According to 2018 research by the African Network Information Centre (Afrinic), there are very few measurement campaigns in Africa and they tend to have challenges of generating high fidelity data. Moreover, there is widespread lack of awareness and skills on internet measurements, which creates a need for increasing research collaborations between groups that conduct measurements, and those that need measurement results for research and advocacy purposes.

Way forward

There was consensus in the workshop on the need to build reciprocal relationships across disciplinary silos, as well as collaborative networks that include researchers and practitioners based in different regions, including in the global North and South. Continued research methods training, including in techniques such as text analysis, data mining, and network measurements, was reiterated. Capacity development to conduct research, advocacy and policy influencing on emerging issues such as biometrics processing and artificial intelligence was also cited. 

“This workshop has helped us to appreciate more the gaps and challenges in digital rights research methods in our region. As researchers and practitioners, we need to keep abreast with the fast developments in the digital world. What are the new surveillance methods? How do AI and biometrics processing affect digital rights, and how do we robustly research these issues? The workshop brought together an incredible mix of stakeholders and illuminated ways for collaboration to conduct relevant and impactful research whose results can power advocacy and influence policy in multiple jurisdictions.” Dr Wairagala Wakabi, CIPESA Executive Director

Further, it was agreed that entities that have research skills start to offer support to others, in research design and implementation; and that they pursue joint research and be available to conduct peer review of others’ research. It was also proposed that digital rights researchers and practitioners should forge closer links with the private sector to produce credible analysis on policies and practices affecting tech use and digital rights.

04Oct

FIFAFRICA19: The Sessions, The Lessons, and Takeaways

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By Hilda Nyakwaka |
The Forum on Internet Freedom in Africa event this year was hosted in Addis Ababa between 23rd and 26th September. This event was considered monumental because a few months prior, there were internet shutdownsand this was a testament to the progressive strides Ethiopia was making in creating an open and accessible internet for its citizens.
The first two days of the week were dedicated to a training on the Universal Periodic Review (UPR) hosted by Small Mediaand Data4Changeand with representatives from over 10 African countries.The UPR, an innovation by the UN Human Rights Council, is a periodic review of the human rights records by the 193 member states of the UN (UPR). The main purpose of this training was to see how to champion for digital rights at the coming UPR.
Over these two days participants went over different concepts such as the importance of making recommendations to countries through the UN in an effort to improve the digital space, how to build capacity for recommendation-making processes, how to increase participation in the UPR process and how to foster collaborations between participants from different countries.
Some common concerns that the participants shared about the previous UPR cycles included the focus of civil society organisations on report writing as opposed to lobbying, lack of accessibility to stakeholder reports by diplomats and other concerned citizens and the lack of focus on digital rights and other human rights when making recommendations.
Some of the key takeaways were the toolsbuilt by Data4Change to guide interested parties in creating advocacy strategy plans. These tools help users to not only see what recommendations have been made to their countries of interest, but to also discover and fill the gaps in the recommendations made and which countries would be important to partner with. During this session, all participants were able to make and rate each other’s recommendations to their individual countries with specific attention to digital rights.
There was also a general agreement to increase local stakeholder mobilization, awareness workshops, jointly documenting abuse of digital rights so as to have greater impact and lastly to properly document all our work. At the end of the training, we were all awarded certificates of completion for attending the trainings and completing online courses pertaining to the UPR process.
The next two days marked the official start of the forum, which was open to everyone who had registered to attend. There were several panel sessions occurring simultaneously focusing on different internet issues across Africa. The opening panel was attended by H.E Dr. Getahun Mekuria, the Minister of Information and Technology in Ethiopia who reiterated the government’s plans to liberalize the telecommunications industry in Ethiopia and to reduce cases of shutdowns in a move to increase and improve the citizens’ access to the internet.
Sessions that I was particularly interested in narrowed, their focus to how marginalized and targeted communities interact with technology and some of the solutions they have adapted to their situations.
One such session was on the importance of African feminist movements in improving women’s voices in the digital space as moderated by Rosebell Kagumire, an award-winning blogger and Pan-African feminist . In this session, feminists from across the continent reiterated the ways in which offline patriarchal systems were replicated online against women. One point that resonated with most attendees was that women were still being policed and bullied out of a lot of social apps such as Twitter and most women preferred to be invisible. Cases were brought up on how hypervisible women were facing a lot of challenges.
In addition to this, there was also a celebratory moment when the panelists mentioned some of the movements that succeeded in championing for women’s rights both offline and online some as big and visible as the #TotalShutdownKE that fought against femicide in Kenya and the revolution in Sudan that had women at its forefront and which gained support from across the world. A major gap that was identified in this conversation was the need for building more local movements and having inclusivity within the movement to include women from the LGBTQI community as their online experiences were unidentified despite being equally important.
Another key session was held on technology and disability where persons living with disabilities spoke about how to use ICTs to reduce accessibility barriers. Some of the challenges the panelists included insufficient ICT training, lack of accessibility features on even the most basic layouts of sites and apps, affordability of devices with accessibility features as one of the panelists cited that a mobile phone with accessibility features would cost one $800 which most Africans both abled and disabled cannot afford comfortably.
An Ethiopian Case Studywas used to explain just how crucial and important it was to provide holistic education and inclusive support to people living with disabilities within our communities. Some of the solutions that the panelists offered up to improve accessibility included proper policy implementation and strict punitive measures for those who failed to implement any policies, being intentional by teaching about accessibility features right from software development classes at the college level and putting a cap to funding that requires companies and organizations to provide opportunities for and hire people living with disabilities in their firms and provide ample accessibility features before receiving full funding. There was also a call to create awareness campaigns to make citizens aware of the challenges that a large section of our communities experience and how to develop protection mechanisms for them.
In conclusion, FIFAfrica 19 was a great opportunity to share experiences and solutions to challenges we as Africans seem to be experiencing when it comes to digital rights and internet freedom. In case you weren’t able to join us in Addis for this edition of FIFAfrica, find herethe agenda for the forum, somelive tweets from the event and the report on the State of Internet Freedom in Africaby CIPESA, launched at the forum.

27Sep

Working Towards Universal Internet Access and Digital Equality in South Africa

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By Izak Minnaar |

“All South Africans – and especially those who cannot afford it and other vulnerable groups – need a daily first tranche of free internet access to exercise their basic human rights such as access to government services, participating in the digital economy, looking for jobs, online communication and for learners and students to access online educational resources.  This is the only way to achieve universal access to information and digital equality amongst our citizens, including the rural poor who have access to mobile phones.”

This is the call made by the South African online and media industry bodies, the South African National Editors’ Forum (SANEF), the Interactive Advertising Bureau South Africa (IABSA) and Media Monitoring Africa (MMA), with the support of the Association for Progressive Communications (APC), an international network of human rights organisations and advocacy groups for access to information.
At the 2019 International Day for Universal Access to Information (IDUAI) commemoration in Pretoria, they expressed the need for a national effort to coordinate existing legislation, policies and initiatives to provide citizens with a basic level of universal free internet access, coinciding with the launch of a report titled Universal Access to the Internet and Free Public Access in South Africa.
The group noted that while the South African government has made domestic and international commitments to take steps towards achieving universal access to online information, these commitments cannot be achieved without providing for a level of free access, in particular for disadvantaged and marginalised groups who would otherwise not be able to enjoy internet access.
The report proposes a seven-point plan which will assist the government with proposals to take steps towards progressively realising a basic level of universal free access to online information, both within the government itself and through engagements with private entities and other stakeholders.
The proposed plan endeavours to provide a comprehensive approach to universal and free internet access, from the gradual introduction of free municipal wifi as a basic service and access at other government sites, underpinned by a set of standards for free access, to digital literacy programmes.  Full details of these proposals are captured in the report.
The universal internet access proposals are part of a three pronged approach to achieve the objectives as set out in the SA Promotion of Access to Information Act (2000), to “actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights”
First, it must be made easier for citizens to use the Promotion of Access to Information Act (PAIA) to access information. A major improvement in the law will be to make provision for pro-active disclosure of information, as prescribed by the African Model Law on Access to Information, published by the African Commission on Human and Peoples’ Rights in 2013.  A major review and update of PAIA is required, beyond the current process to add clauses on party funding.
The second issue – and a logical consequence of pro-active disclosure – is for information holders and access to information activists to vigorously pursue the open data and open government agenda. As a founder member of the United Nations initiated Open Government Partnership (OGP), the South African government has already made ambitious commitments to establish open data portals, with projects ranging from Open Justice, Open Budget (such as the Vulekamali and Municipal Money data portals) and Open Elections, all of which are in different stages of implementation.  However, South Africa still needs to deliver on a number of commitments made in its OGP National Action Plan.
With all this information available online, the third requirement to ensure “effective access to information” as PAIA requires, is to provide universal access to the internet.   In 2016 the African Commission on Human and People’s Rights called on African governments to take legislative and other measures “to guarantee, respect and protect citizen’s right to freedom of information and expression through access to internet services”.
A 2017 APC Issue Paper initiated by the same group of online and media organisations, titled Perspectives on Universal Free Access to Online Information in South Africa: Free Public Wifi and Zero-Rated Content lists South African legislation and polices dealing with  the need for citizens to have the means, capacity and skills to fully participate in a digitally driven democracy and economy, in line with the vision expressed in the National Development Plan of universal access to the internet and an e-literate public.
The seven-point plan is an effort by the online and media industry bodies to provide government and industry with practical plans to implement the existing legislation and policies.
This presentation provides an overview of the seven-point plan and was shared at the Forum on Internet Freedom in Africa 2019 (FIFAfrica19) which was held in Addis Ababa, Ethiopia.

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