Promoting Effective and Inclusive ICT Policy in Africa

Blog

  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Blog
04Mar

Litigating Against Internet Shutdowns in Cameroon

Author admin Posted on

By Juliet Nanfuka |
The pushback against internet shutdowns in Cameroon has recently taken a new turn with advocacy organisations filing formal submissions before the Supreme Court of Cameroon. In their January 2018 submission, AccessNow and Internet Sans Frontières (ISF) highlight Cameroon’s commitment to international and regional human rights law and urge judges to recognise that disrupting or blocking the internet is incompatible with the right to free expression and access to information.
Authorities in Cameroon first initiated an internet shutdown in the English-speaking regions on January 17, 2017, which lasted 93 days. The shutdown was imposed in the wake of ongoing strikes, fatal violence and protest action against the continued “francophonisation” and marginalisation of English speakers who claim the central government “privileges the majority French-speaking population and eight other regions.” Cameroon’s constitution recognises the two languages as equal and calls for bilingualism. A second shutdown was effected on October 1, 2017 and some 150 days later, there was still no sign that the shutdown is about to be lifted in the affected Anglophone regions of Southwest and Northwest Cameroon.
The case in which AccessNow and ISF intervened is one of two ongoing cases challenging the January 2017 shutdown. Initiated in April 2017 by Cameroon’s Veritas Law Offices, in collaboration with the Media Legal Defence Initiative (MLDI), the cases are against the Ministry of Post and Telecommunications, Cameroon Telecommunications (CamTel) – a private company which dominates the telecoms sector in the country – and the Government of Cameroon.
Litigation has been recognised as a potentially effective tool in removing restrictions on the free flow of information online in countries with repressive internet regimes. Increasingly,  various initiatives are seeking to encourage collaboration across different internet governance actors in strategic litigation for a free and open internet.
AccessNow and ISF’s filing seeks remedy for the shutdown, calling it a violation of citizens’ constitutional rights to freedom of expression and access to information and freedom from discrimination. Indeed, in the submission, the organisations point out that international and regional courts as well as human rights institutions have condemned shutdowns as contrary to the law, unnecessary, and a disproportionate means of achieving their aim.
The filing also to refers to Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 and 27(2) of the African Charter, which state that a limitation or restriction on the right to freedom of expression will only be justifiable where it is (i) provided by law, (ii) serves a legitimate interest, and (iii) is necessary in a democratic society. These articles further state that where a state’s restriction or limitation fails to meet any one of the aforementioned criteria, it will amount to a violation of the right to freedom of expression.
Meanwhile, in November 2016, the African Commission on Human and Peoples’ Rights adopted a Resolution in which it expressed its concern over “the emerging practice of State Parties of interrupting or limiting access to telecommunication services such as the Internet, social media and messaging services, increasingly during elections”. It urged state parties “to respect and take legislative and other measures to guarantee, respect and protect citizens’ right to freedom of information and expression through access to Internet services.”
Various countries in Africa, Europe and Asia have experienced various forms of internet disruptions in recent years, some repeatedly like DR Congo, Ethiopia, India, Turkey, and Uganda, often with little legal recourse available to citizens. In the few instances where redress has been sought through courts of law, the proceedings have been slow such as the case of Uganda which called for the 2016 social media and mobile money shutdowns to be classed as illegal in a bid to deter a repeat of similar actions. Indeed, litigation is offering a new frontline in digital rights, such as in the case of the Gambia following the February ruling by the Economic Community of West African States (ECOWAS) Regional Court of Justice that media laws on sedition, false news and criminal defamation violate the right to freedom of expression. This mirrored the 2015 ruling by the East African Court of Justice (EACJ) which ruled that sections of Burundi’s Press Law of 2013 violated press freedom and democratic principles called for them to be repealed.
Nonetheless, the push for digital rights has taken on different forms and strategies, including the popular #KeepItOn campaign which is creating greater awareness and pushback against internet shutdowns. In Africa, for as long internet disruptions continue to recur, more strategic responses to them need to be developed particularly as sinister measures such as ambiguous regulations are increasingly taken to control the flow of information and freedom of expression online.
Update: Internet Access in the affected regions of Cameroon was restored in early March 2018.

23Feb

Advancing Internet Policy Research in Africa

Author admin Posted on

By Juliet Nanfuka |
 
The conversation and actions on internet related policy in Africa have grown in recent years as has the appreciation of its impact on internet users. However, research to support advocacy for improved internet policy development on the continent remains relatively low despite a growing internet penetration and its resultant impact on the continent’s social, economic and political scenes. This has led to the need to train, connect, and build collaboration between researchers, policy makers and internet freedom advocates across the region.
Accordingly, between February 26 and March 3, 2018, an intensive African regional training on Internet policy research methods will be held in Kampala, Uganda. Hosted by the Annenberg School for Communication’s Internet Policy Observatory and the Collaboration on International ICT Policy for East (CIPESA), along with several partners from across Africa, the six-day program is aimed at building collaborative possibilities across sectors, expanding research capacity within the practitioner and digital rights advocacy communities, as well as providing the skills to strategically use research and data to advance advocacy efforts. Ultimately, it aims to improve working synergies between emerging African networks of civil society organisations, academic centres, technologists and think tanks.


The workshop is designed as an intensive practicum, covering both quantitative and qualitative methods as well as offering case studies which illustrate how to strategically use research for advocacy and policymaking. It will also entail theoretical and practical sessions on a range of topics including legal analysis, survey methods, social network analysis, strategic communication, data visualisation, and network measurement.
Past workshops in the Middle East, Asia, and Latin America were successful in equipping a diverse group of participants with the skills needed to understand how to frame research questions, understand various qualitative and quantitative research methods, and collaborate across disciplinary and professional silos.
Following a public call for applications which was launched at the Forum on Internet Freedom Africa 2017, over 400 applications were received from across Africa. A total of 40 applicants – representing 17 countries – with diverse skills and professions including journalists, lawyers, researchers, technologists, academics and government representatives were successful. The represented countries include Burundi, the Democratic Republic of Congo, Gambia, Ghana, Ethiopia, Kenya, Liberia, Malawi, Namibia, Nigeria, Tanzania, Rwanda, South Africa, South Sudan, Uganda, Zambia, and Zimbabwe.
Among the participants is South Africa based Yolanda Mlonzi, co-founder of the Southern African Emerging Leaders in Internet Governance (SAELIG), who notes that, “We find ourselves in an exciting yet critical time, where we have the opportunity to set our own standards and shape internet policy for the better. The workshop presents a great opportunity for learning, to stretch my current positions on internet policy in Africa and most importantly, to start thinking of ways to contribute to quality research that seeks to advance the notion of understanding internet policy through the human and digital rights framework.”
Gambian Demba Kandeh, a journalism and digital media lecturer at the University of The Gambia, echoed Mlonzi’s sentiments on research-driven policy development, noting: “Making impact with research is key but often difficult … there is an opportunity for relevant stakeholders across the continent to seize the opportunity to advance well-researched policy options for the region.” Meanwhile, Namibian researcher and journalist, Frederico Links, pointed out the current gaps affecting strong policy formulation stating that, ”the African internet-related policy space is woefully underdeveloped and weak, and reflects both a severely limited state sector understanding of internet and technology related matters, as well as significant cross-sectoral capacity constraints.”
The workshop will include faculty from the Annenberg School for Communication –  University of Pennsylvania, Alliance for Affordable Internet – World Wide Web Foundation, CIPESA, DefendDefenders, Department of Media Studies at University of Virginia, Human Rights Network for Journalists (Uganda), Internet Policy Observatory, Kenya ICT Action Network (KICTANet), Lynchburg College (USA), Makerere University College of Computing and Information Sciences (Uganda), Medic Mobile, Media Legal Defence Initiative (MLDI), Open Observatory of Network Interference, Open Technology Fund, Paradigm Initiative, Pollicy, Research ICT Africa, Social Media Exchange (SMEX), Small Media and Unwanted Witness.
Follow the #InternetPolicyAfrica hashtag for updates on the workshop. Remember to follow the organiser Twitter accounts too – @InternetPolicyO and @cipesaug
You can also share your vision for the future of internet use in Africa using the #InternetFreedomAfrica hashtag
 
 

10Feb

CIPESA Submits Comments On The Uganda Data Protection and Privacy Bill, 2015

Author admin Posted on

Official Submission |
Article 27 of Uganda’s constitution provides for citizens’ right to privacy, however, there is no law to protect an individual’s data privacy despite the large amounts of citizen data collected by government departments and private entities on a regular basis. More concerning, is that this data is collected with no guarantee of its protection and privacy.
Some existing legislation, for instance the Computer Misuse Act, 2011 (section 18); Access to Information Act, 2005 (section 26); Uganda Communications Act, 2013 (section 79); Electronic Signatures Act, 2011 (section 81); and the Regulation of Interception of Communications Act, 2010 (section 2) prohibit unauthorised access and disclosure of information. However, the provisions in these laws are not elaborate and do not adequately protect personal data.
The publication of the draft Data Protection and Privacy Bill 2014 was therefore a milestone. Accordingly, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) submitted comments to that version of the bill. Various concerns were raised including vague wording which left the bill open to misinterpretation, unclear procedural processes for collection and retention, as well as the costs associated with accessing personal data.
More recently on , CIPESA welcomes the Parliament of Uganda’s call for submissions on the Draft Data Protection and Privacy Bill, 2015. It once again gives opportunity for stakeholders to provide input to ensure that the law, when enacted, measures up to internationally acceptable standards of data protection.
In our latest submission, we highlight some of the positive principles and provisions of the Bill. Furthermore, we indicate areas of concern and suggest amendments to ensure that if the bill is passed into law, there are sufficient safeguards to regulate the collection, storage and use of data towards upholding citizens’ right to privacy.
See the full submission made on the Uganda Data Protection and Privacy Bill, 2015 presented to the Committee on Information and Communication Technologies (ICT) in the Parliament of the Republic of Uganda

30Jan

Disruptions To Digital Communications Persist In The Democratic Republic Of Congo

Author admin Posted on

By Edrine Wanyama |
Internet access and Short Message Services (SMS) were interrupted in the Democratic Republic of Congo (DR Congo) on January 20, 2018 ahead of a peaceful protest march organised by the Catholic Church to compel President Joseph Kabila to step down following the expiry of his final term in office. The country remains caught in a cycle of instability since the postponement of the November 2016 elections to December 2017, and then to April 2018.
The first interruption of digital communications in the vast central African nation occurred in December 2011 in the aftermath of general elections, before the announcement of the election results. The shutdown affected SMS, and lasted 25 days.
In the seven years since then, DR Congo has experienced at least five communication disruptions amidst growing concerns about surveillance of the digital communications of opposition leaders, journalists, and activists.

See: The Evolution of Internet Shutdowns in DR Congo

Affronts to internet access hurt human rights, and undermine political stability and economic growth. According to the new framework for calculating the economic impact of internet shutdowns, DR Congo loses at least USD 1,936,911 per day of an internet disruption.
The regular communication disruptions bring into focus the role of intermediaries in advancing internet freedom in the country. Specifically, telecom companies and other Internet Service Providers (ISPs) are being challenged to dissociate themselves from censorship, by declining to effect the government’s orders to cut off communications. Such a move would arguably be in accordance with the UN Guiding Principles on Business and Human Rights which require businesses to proactively address all adverse human rights impacts directly linked to their operations, products or services. However, many telecommunications services providers fear reprimand and termination of their licences for failure to comply with directives from the state to interfere or block digital communications.
Government directives to shut down the internet or interrupt communications are usually issued under the guise of “national security” or “public order”. In a letter ordering network disruptions in August 2017, an official of the national communications regulatory body, the Autorité de Regulation des Postes et Télécommunications du Congo (ARPTC), instructed service providers to take preventative measures to reduce the capacity to transmit “abusive messages.”
Internet penetration in DR Congo remains low at 4.2%, supported by a 55.7% mobile penetration. To-date, there are two primary laws governing the telecommunications sector, both of which were passed in 2002: the Framework Law 013/2002 on Telecommunications, and the Law 14/2002 on the Regulations – the law that established the national regulator. However, rather than advance internet access and usage, these laws have often been used against the media and critics of the state. Meanwhile, there are limited meaningful avenues for citizens to provide inputs to proposed new laws related to the telecommunications industry.
President Kabila’s government should boldly work to stop the abuse of rights which the country’s 2005 constitution guarantees . Abuse of free expression and access to information has continued in Congo despite the recognition of access to the internet as a human right by African and International Human Rights instruments. The UN Secretary General has previously called and continues to call upon the Congolese government to uphold her citizens’ freedoms to speech and peaceful assembly.
It is thus imperative that Congo government authorities desist from interrupting digital communications and guarantee citizens’ access to the internet and to the full enjoyment of their digital rights. Further, the Congo government should recognise the relationship between access to the internet and citizens’ livelihoods and work to grow the number of its citizens that meaningfully access and use digital tools and services.

16Jan

The Digital Economy in Sub-Saharan Africa: What’s Missing?

Author admin Posted on

By Kesa Pharatlhatlhe |
The global digital economy continues to grow, fueled by the increasing migration of social interactions, economic activities, and transactions online. Indeed the Information and Communications Technology (ICT) sector is powering various activities, such as banking, buying and selling goods and services, and access to health, education and entertainment.
In Africa, innovation, increasing affordability of hardware and internet connectivity are propelling the continent’s digital economy, but there remain challenges to growth. Internet penetration in Africa stands at 21.8% of the population, leaving the majority of the continent’s population offline.
According to  the  GSMA,  the  number  of  SIM  cards  in  use  in  Sub-Saharan  Africa  reached  731  million  at  the  end  of  2016,  and  is  expected  to  rise  to  nearly  one  billion  by  2020. By this time, the number of mobile broadband connections will reach half a billion, more than double the number at the end of 2016.
The use of mobile-based financial transaction platforms has grown exponentially, bringing the unbanked population and the informal sector in the majority of Africa’s developing countries to more structured financial transaction systems. Additionally, digital applications have encouraged the growth of micro, small and medium-sized enterprises through access to ICT-enabled financial services and marketing. In turn, the digital economy’s contribution to Africa’s gross domestic product (GDP) continues to grow.
Various domestic e-platforms have emerged in the region, indicating that the African digital economy landscape has positive prospects. In Nigeria, for example, Asuqu connects small businesses to creative individuals and professionals for freelance services. Then there is Jumia, whose parent company surpassed the US$ 1 billion market value in 2016. Jumia offers ecommerce services (retail, travel, food) in various African countries including Cameroon, Côte d’Ivoire, Egypt, Ghana, Kenya, Morocco, Nigeria and Uganda, Other examples of notable online platforms in Africa include Esoko (Ghana), mFarm (Kenya) and Novus Agro (Nigeria).
However, the region’s limited internet access, low purchasing power, high levels of illiteracy and poor infrastructure, among others, have affected the pace of growth of these platforms.
 Affordability poses another challenge. A World Bank report on digital dividends shows that on average internet access costs US$206.6 per Mbit/s per month in coastal countries in Africa, compared to a whooping US$ 438.82 per Mbit/s per month in landlocked countries. Chad, Cameroon, Equatorial Guinea, Lesotho, Mali and Niger have some of the highest access costs.
Nonetheless, some coastal countries like South Africa which has four undersea fibre optic cable systems, have ongoing campaigns against high data prices. Indeed, according to the Alliance for Affordable Internet (A4AI), very few countries in Africa meet the “1 for 2” target for affordable internet where 1GB of mobile data should not cost more than 2% of the average citizen’s monthly income. Currently, citizens in several African countries would need to spend up to 9.3% of their average income to access broadband data.
Furthermore, the absence of relevant data for the ICT sector, such as e-ecommerce statistics, is impacting on the capacity of states to make informed policy and implementation decisions. Moreover, the continued practice to shut down or disrupt internet, has negative consequences for the digital economy. Besides, as applause rings for the capacity that African countries have for “leapfrogging” in the digital age, often under-looked is the impact that this has on relevant local content, adequate localisation of technologies, policy development and a widening gender digital divide.
As such, there is a need to review and update existing regulatory frameworks to deal with emerging issues and new technologies. The absence or poor implementation of laws such as on cybersecurity, data protection and privacy, could slow down the momentum of Africa’s digital economy growth. Although various national broadband strategies have been released by countries in a bid to coordinate broader actions on issues related to technology use, unless the aforementioned gaps are addressed, the realisation of these policies will continue to face an uphill battle.
Governments need to design policies and regulations to significantly increase broadband deployment (especially to rural areas to bridge the urban-rural divide) and investment in the tech sector through Public-Private-Partnerships – extending tax incentives for infrastructural investment to private businesses.
There is also pressing need to integrate a gender perspective in all relevant policies and strategies and to make a concerted effort to mainstream women empowerment in strategies, policies, and budgets addressing issues of gender equality, as well as focusing on accessibility, affordability, safety and digital skills in Africa.
All in all, more still needs to be done to advance the digital economy in Sub-Saharan Africa and ultimately shift from being consumers of technology goods and services to originators of disruptive tech.

1 … 97 98 99 100 101 … 166