Shadow Report on Freedom of Expression Online in Rwanda

Submission to the ACHPR |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has submitted to the African Commission on Human and Peoples’ Rights (ACHPR) a shadow report on the state of freedom of expression online in Rwanda.
The report outlines Rwanda’s legislative and related measures taken to promote and protect freedom of expression online, and provides the Commission with impartial information regarding Rwanda’s state of internet freedom and recommendations for improvement.
Article 62 of the African Charter on Human and Peoples’ Rights (the African Charter) requires all States Parties to the charter to submit after every two years, reports on the measures taken to effect the rights and freedoms guaranteed by the charter. Rwanda submitted reports for the period 2009 to 2016 on March 22, 2017. They were reviewed by the commission this week, with civil society groups such as CIPESA providing shadow reports and questions to inform the commission’s review.
In its report, the Rwanda government stated that freedom of the media and the freedom to receive information are recognised and provided for by law, adding that every journalist has the right to freedom of opinion and expression, including the right to seek, receive, give and broadcast information and ideas through any media. However, according to CIPESA’s shadow report, various laws and state practices continue to contravene these freedoms, notably constraining their enjoyment online. Surveillance and interception of communications, blockage and filtering of content, are among the problematic issues CIPESA’s shadow report raises
The Rwanda government stated that the access to information law is an entry point to improving journalists’ participation in political affairs and that it recognises the importance of an independent, professional media and ease of access to information as essential components of good governance and a sustainable social, economic and political development. It went on to specify national laws and statutory institutions that safeguard the right to expression and freedom of information.
However, the shadow report notes that the ICT law N° 24/2016 of 18/06/2016, Law No.60/2013 regulating the Interception of Communications, Criminal Procedure Code Law N° 30/2013 of 24/05/2013, and the regulation of SIM card registration of 2013 collectively contain some provisions that undermine freedom of expression online and privacy rights and contravene article 38 of Rwanda’s Constitution, international standards and best practices on freedom of expression, access to information and privacy rights.

As of June 2017, Rwanda’s internet penetration was estimated at 36.6 % (3,724,678 connections) with Facebook users estimated at 490,000, within a total population of 12,159,586. This shows an improvement from statistics recorded by the Rwanda Utilities Regulatory Agency (RURA) indicating mobile phone penetration rate of 79% and internet penetration at 33%, as of June 2016.

CIPESA’s report calls for a comprehensive review of all interception and privacy laws and policies to bring them into conformity with constitutional guarantees as well as international human rights standards and best practices on surveillance of communications by setting out clear legal parameters that ensure protection of freedom of expression and privacy rights.
For more details, see the full Shadow Report on Freedom Expression Online in Rwanda  submitted by CIPESA.

Study Reveals that a Culture of Secrecy Among Public Officials Hinders Media Work in Tanzania

By MISA Tanzania Correspondent |
A prevailing culture of secrecy among public officials in Tanzania at both central and local government levels is hindering the work of journalists, according to findings by a recent study. This is affecting access to information necessary for media reporting towards increased civic participation, transparency and accountability in governance.
The study which was conducted by the Media Institute of Southern Africa (MISA) Tanzania Chapter in partnership with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) assessed the responsiveness of local government authorities (LGAs) and central government offices in Tanzania to citizens’ information requests.
The study found widespread laxity among officials in processing information requests, with many claiming to have misplaced or lost filed requests. “If you received someone’s documents, why would you say you can’t see them just a week later?” wondered Haika Kimaro, a newspaper correspondent in Mtwara town in the south-east of Tanzania. In the port town of Kigoma, Rhoda Ezekiel, a correspondent with Uhuru Newspaper, recounted how the secretary of the Ujiji Municipal Council once claimed to have misplaced her information request when she followed up on a query she had submitted.
Radio journalist George Binagi shared a similar experience from the town of Mwanza: “I submitted my questions in writing to the Regional Commissioner’s Office. I went back 10 days later and did not get the answers. They looked for my letter and [claimed they] never saw it.”
But it is not only the media affected by limited access to public information. Researchers are affected too. During the study, Jacqueline Jones, a mass communication graduate and intern at MISA Tanzania, went to the Dar es Salaam Regional Commissioner’s office posing as a student researcher. She requested for information pertaining to the office’s functions, ongoing projects, income and expenditure. However, she was turned away for lack of an introduction letter from a university, with officials claiming that work procedures do not allow them to disclose information without such a letter.
“Their customer service is awful and the people at the registry department were quite harsh and rude. One of them actually shouted at me for insisting on getting my answers in a written form,” said Jones.
She submitted a similar request to the Dar es Salaam City Council, which, according to the city’s Information Officer needed approval by at least four different Heads of Sections. The Information Officer provided her with the requested information upon receipt of the approvals.
Alternative platforms for accessing information offered their own challenges. According to Zulfa Musa, a Mwananchi Newspaper correspondent in Arusha, administrative assistants manage the City Council offices’ telephone numbers and getting in touch with the Director or his Secretary to request for information required one to have these officials’ personal phone numbers. It was difficult to make information requests as the administrators were reluctant to provide the personal contact information of the Director or his secretary.
The frustrations faced by the journalists who took part in the study indicates that it is likely that citizens face similar or worse challenges.
It is widely recognised that access to quality and timely information for citizens is crucial in facilitating informed dialogue, monitoring and evaluation of development issues at the local level, thereby accountable governance and improved public services delivery.
Gasirigwa Sengiyumwa, the National Director for MISA Tanzania, stated that whereas an Access to Information Act was passed in 2016, “it appears that both public servants and the general public remain unaware of this Law.” He added: “There is a need for sensitisation about the law through training workshops for both parties [public officials and citizens] to ensure that the rights and responsibilities provided for under the law are realised.”
The study was conducted as part of the ICT4Democracy in East Africa initiative’s objective to document and publicise the utility and effectives of Information and Communication Technologies (ICT) for government-citizen interaction, proactive information disclosure, and responsiveness to information requests, for the realisation of the right of access to information.
Seven out of Tanzania’s 28 regions were covered in the study, with a total of 28 information requests filed to 14 institutions during March and April 2017. The written requests were emailed as well as hand-delivered to the institutions. Follow ups on approval or denial of requests was conducted through phone calls and physical visits.
Read the full study at here.

Aid And Development Summit 2018, Set To Take Place in Nairobi

Announcement | The Collaboration on Internetaional ICT Policy for East and Southern Africa (CIPESA) is proud to be a media partner of the upcoming 3rd annual Aid & Development Africa Summit set to take place on February 27-28, 2018 at Safari Park Hotel in Nairobi, Kenya.
The summit will once again unite 300+ humanitarian and development leaders, decision makers and advisors committed to achieving the Sustainable Development Goals (SDGs) in the region. It presents an opportunity to explore best practice, policy and project updates, innovation and partnerships in ICT, data and mobile solutions for humanitarian and development programmes.
Participants will gain first hand insights from development banks, donors and government agencies into their financing priorities and funding guidelines as well as benefit from networking opportunities.
The agenda will explore innovations and best practice in emergency communication, connectivity and social networks and discuss the impact of mobile devices on development work. Expert speakers including Kasirim Nwuke, Chief, New Technologies and Innovation, United Nations Economic Commission for Africa (UNECA), Olawale Maiyegun, Director, Department of Social Affairs, African Union Commission and Mamadou Biteye, Managing Director, The Rockefeller Foundation will share insights and ways to drive sustainable innovation and support community resilience in East Africa.

Session Focus: The Tech Revolution and a look into the future:
The world has an ambitious goal to end extreme poverty by 2030. But, without good poverty data, it is impossible to know whether we are making progress, or whether programs and policies are reaching those who are the most in need. Discussion points include:

  • Overall impact on the Tech Revolution on Development and Humanitarian fronts in Africa
  • Emerging trends and how they can benefit data and measurement of poverty eradication trends
  • Is using technology to collect data a new solution to an old problem?

The Summit agenda includes keynote presentations, interactive sessions, themed roundtables, speaker panels, Innovator of the Year Award and an evening drinks reception to engage with decision makers and key stakeholders in Africa’s aid and development sectors.
The Aid & Development Africa Summit advocates for cross-sector approach through inclusive, effective collaboration and coordination between national and international NGOs, government and UN agencies, Red Cross, donors, investors, development banks and the private sector.
 “The summit was well organised, it was beneficial and provided me with knowledge and insight on issues ranging from ICT, agriculture health, disaster preparedness, irrigation etc, all which are part of my job in the office” – Asanterabi C. Sangenoi, Prime Minister’s Office Tanzania
Save the date and reserve your place here to be part of the most influential aid and development conference in Africa.
For more information about Aid & Development Africa Summit, please visit http://www.africa.aidforum.org or get in touch with Alina O’Keeffe, Head of Marketing, Aid & international Development Forum (AIDF) at [email protected]
 

Research Methods Workshop for Internet Policy And Advocacy in Africa

Call for Applications  |
The Annenberg School for Communication’s Internet Policy Observatory, the Collaboration on
International ICT Policy in East and Southern Africa (CIPESA), Research ICT Africa, Kenya ICT Action Network (KICTANet), Unwanted Witness, Paradigm Initiative, and
Young ICT Advocates seek applications from young scholars, activists, lawyers, and technologists working across Africa for an intensive practicum on using research for digital rights advocacy.
The workshop seeks to provide a venue for stakeholders in the region to build collaborative possibilities across sectors, expand research capacity within practitioner and digital rights advocacy communities, and to provide the skills and know-how to more strategically use research and data to advance advocacy efforts. Sessions will cover both qualitative and quantitative methods and will provide the space for hands-on activities and the development of individual and group research interests. In this way, the workshop seeks to provide opportunities to connect scholarly expertise with policymakers and advocates and improve working synergies between emerging African networks of civil society organizations, academic centers and think-tanks.
Sessions will include workshops on stakeholder analysis, conducting interviews, researching laws and regulations, social network analysis, network measurement, survey methods, data visualization, and strategic communication for policy impact.
We encourage individuals from Africa in the academic (early career), NGO, technology, and public policy sectors to apply. Prospective applicants should have a particular area of interest related to internet governance and policymaking, censorship, surveillance, internet access, political engagement online, protection of human rights online, and/or corporate governance in the ICT sector. Applicants will be asked to bring a specific research question to the program to be developed and operationalized through trainings, group projects, and one-on-one mentorship with top researchers and experts from around the world. Several partial and full scholarships will be made for the most competitive applicants to participate.
The course will be conducted in English and applicants should have high proficiency in English in order to interact with experts, lecturers and other participants who will come from diverse backgrounds. Please also note that we require all participants to have a laptop to use for the duration of the program.
Application Deadline: November 10, 2017
Workshop Dates: Feb 26 – Mar 3, 2018 | Location: Kampala, Uganda
To apply for the program, please fill this form.
For questions, please email Laura at [email protected].
 

Access to Public Information in Uganda: Rhetoric or Reality?

By Loyce Kyogabirwe |
Norah Owaraga, a Ugandan researcher, recently narrated her experience on accessing government-held information in the country. She recounted a trip to Tororo district in eastern Uganda where she sought information on Tuberculosis prevalence in prisons. “I was told to go back to the prisons headquarters in Kampala (the capital) to get authorisation yet I had already received clearance from Uganda National Council for Science and Technology (UNCST) and the President’s Office to access government information. Why did I have to travel back to Kampala when I had all the clearance?” asked Owaraga.
Her question was directed at Frank Baine, the spokesperson of Uganda Prisons, during a dialogue held in Kampala to commemorate the International Day for Universal Access to Information, which falls on September 28.
In his response, Baine quoted section 4.8.1(i) of the Code of Conduct and Ethics for Uganda Public Service, 2006 and the Official Secrets Act 1964, stating that public officials are custodians of information that comes into their possession during the course of duty. “Without due permission from an authorising officer, such information cannot be communicated,” explained Baine. In Owaraga’s case, he said the authorising officer was not within the UNCST or the President’s office. Rather, it was the head of Uganda Prisons who had the mandate to authorise the release of the information.
Owaraga’s experience mirrors the challenges faced by Ugandan citizens in realising the right to access information. The right of access to information is enshrined in article 41 of the Constitution of the Republic of Uganda, 1995 which provides that, “Every citizen has a right of access to information in the possession of the state or any other organ of the state except where the release of the information is likely to interfere with the security of the state or the right to the privacy of any other person”. Uganda was among the first African countries to enact a right to information law, the Access to Information Act (ATIA), 2005 and later the Access to Information Regulations, 2011.
The ATIA is aimed at promoting transparency and accountability in all organs of the state by providing the public with timely, accessible and accurate information. Baine’s response instead highlights that a culture of secrecy still persists, with limited proactive release of information by public agencies and denial of citizens’ requests for information.
Other challenges that were raised during the dialogue include the high costs of accessing information, lack of knowledge of the provisions of ATIA among citizens and public officials, and the tedious procedures of requesting for information – all of which impact on the level of citizens’ information requests.
Despite the challenges, the government has taken some steps to promote access to public information. Speaking at the dialogue, Moses Watasa, Commissioner of Information Dissemination at the Ministry of ICT and National Guidance, explained that the Ministry is working to sensitise all government ministries, departments and agencies (MDAs) on ATIA as well as strengthening communication departments within MDAs and local governments with the aim of improving information gathering and dissemination.
Furthermore, the ministry has developed a centralised government information web portal (www.gov.go.ug), which functions as a gateway to all other government websites. The portal is reinforced by the ministry’s requirement for all MDAs to have a communications officer, functional website, a presence on social media and email addresses for officials to ensure public accessibility.
Watasa acknowledged that there has been a culture of secrecy among public officials further compounded by internal bureaucracies. He stated that the government was working to review archaic guidelines that restrict responsiveness or proactive disclosure by public officers.
Meanwhile, according to Watasa the government is also due to launch Open Government Sessions aimed at bridging the information gap between citizens and duty bearers. The sessions, which will be hosted monthly, will involve different MDAs interfacing with the public on functions, ongoing activities, budget allocations and expenditure and feedback. It is expected that the sessions will be broadcast live on TV and leverage social media platforms to allow remote participation.
However, it remains unclear when the archaic laws and guidelines will be reviewed and implemented to ease citizens’ access of public information. It is only through improved access to information that there can be increased social accountability and government transparency towards improved service delivery and greater citizen participation in governance and democratic processes.
The dialogue on access to information in Uganda was organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the Ministry of ICT and National Guidance in the context of the ICT4Democracy in East Africa initiative’s objective to engage stakeholders on supportive policies and practices for human rights and democratic governance in East Africa. It brought together 50 participants including public officials, policy makers, civil society, media, and scholars to reflect on the role of information in improving service delivery and accountability in Uganda.