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10Jan

Joint CSO Letter to United Nations and African Commission Special Rapporteurs on the arrest and detention of Tanzanian Human Rights Defender Tito Elia Magoti

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Letter |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has joined 27 other organisations in submitting a public letter to the United Nations and African Commission Special Rapporteurs in the case of  the arrest of Tanzanian  human rights defender Tito Magoti.

The joint letter requests that the respective offices urgently intervene in the cases of human rights defenders and journalists in Tanzania, who are facing criminal prosecution for exercising their fundamental rights and urge the government to immediately drop these charges. It further urges that the state be reminded to ensure that all citizens, from the moment of their arrest for any crime, are afforded the full due process of the law without derogation.

See the letter here.

29Dec

Hanging in the Balance: Online and Offline Freedom of the Press in Guinea

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By Simone Toussi |

Guinea’s media landscape boasts over 70 media outlets including streaming media, radio, television and print media. Yet still, the country does not score highly on international press freedom indices – it is ranked 107 out of 180 countries in the 2019 World Press Freedom Index. Nonetheless, the country’s growing internet penetration from 0.4% in 2010 to 33% in 2018 is favourable for the free flow of information through online spaces such as blogs and social networks.

Given the rapid growth of Internet users – from 42,000 users in 2010 to four million users in 2019  – the internet is fast becoming a  primary mode of accessing information for many people in the country. However, the government’s high-handed controls over traditional media are extending into the online sphere, evidenced by a series of arbitrary arrests and detentions, coupled with the persecution and judicial harassment of journalists and bloggers.

 A continuing persecution of journalists and the press outlets

In August 2019, the Guinean government placed two journalists, Lynx FM talk show host Souleymane Diallo and Lynx FM CEO and journalist Boubacar Alghassimou Diallo, under judicial control. The two were accused of “complicity in disseminating data likely to disturb public safety”. The allegations stem from an interactive radio show, during which an auditor accused a Guinean official of embezzling military bonuses related to a mission in Northern Mali. Under judicial control, the two journalists are prohibited from travelling outside of Guinea’s capital Conakry without authorisation from a judge. They are also not allowed to host the radio show in question until further notice, and are required to  appear in court three times per week. In the same month,, several press associations demonstrated against the state- led suffocation of the media.

Earlier in March 2019, Lansana Camara, a journalist with conackrylive.info, was summoned for “defamation by the press” after a complaint by the Ministry of Foreign Affairs and elements in the Guinean diaspora. Camara was placed in custody for a week on allegations of publishing an article undermining the Guinean government. The article (deleted following his arrest) reported an alleged diversion of two billion Guinean Francs (GNF), equivalent to USD 215,700, that had been budgeted for fuel for the Guinean Department of Foreign Affairs.

Martine Condé, the President of the High Authority of Communication (HAC) –  the national independent media observer and regulator constituted under  Law N° L/2010/002/CNT/ of June 22, 2010 – denounced Camara’s incarceration as a flagrant violation of the law on freedom of the press. A similar press freedom reprimand was issued by the Guinean Association of Online Press (AGUIPEL) back in June 2018 after the arrest and detention of Mamadou Saliou Diallo, founder of Nouveleteeguinee.com, on accusations of “defamation and slander” following a complaint by Cheick Sako, the Minister of Justice.

But the HAC does not always appear to act in the interests of media freedom. In 2017, the HAC took a decision to suspend a private radio station, Espace FM, for seven days, accusing it of disseminating “information likely to undermine the security of the nation, the morale of the armed forces and public order”. HAC’s decision was pursuant to articles 39 and 40 of Law N° L/2010/002/CNT/ of June 22, 2010 on freedom of the press which states: “The High Authority of Communication exercises a right of general control over public, private and community media […]. When the provisions of the law on communication are not respected, [it] can take the following measures: warning, notice of default, suspension, permanent withdrawal.” The same year, a dozen journalists were assaulted by law enforcement officers, with reports of destruction of equipment and torture.

Previously in 2016, the Guinean press was shaken by the assassination of El Hadj Mohamed Diallo, a journalist for the news website Guinee7.com, during a political rally of Guinea’s main opposition party, the Union of Democratic Forces of Guinea (UFDG). To-date, the case remains unsolved, despite  investigations.

 An inadequate and flouted legislative framework

The Guinean Constitution guarantees  the right to freedom of expression, opinion, belief and thought, as well as freedom of the press as being inviolable, inalienable and imprescriptible. It also guarantees the right of access to public information. According to Article 7, everyone is free “to express, to manifest, to disseminate their ideas and opinions by speech, writing and image, […] to educate and inform themselves from sources that are accessible to all. Freedom of the press is guaranteed and protected. The creation of a press or media outlet for political, economic, social, cultural, sporting, recreational or scientific information is free. The right of access to public information is guaranteed to the citizen.”

However, there are a number of laws and policies that undermine the rights and freedoms guaranteed under the Constitution.

The Organic Law N ° 002/22/06/2010 on the Freedom of the Press enacted in 2010, sets the conditions for press freedom and the creation of a free and independent media in Guinea. Article 1 explicitly guarantees the freedom of “the written press, the online press, publishing, printing, bookstore, audiovisual, photography, cinema and all other forms of communication”. Offenses by the press or by any other means of communication are outlined under Articles 98-122. The only penalties provided for under the law, upon conviction, are the payment of a fine (the maximum being 20 million GNF, equivalent to USD 2,200), and the suspension or withdrawal of a media outlets’ license, with possibility of appeal before the Supreme Court.

There are no provisions for possible imprisonment of journalists. For instance, the law states that, “defamation, by one of the means set out in Article 98, against the courts, the military and paramilitary bodies, the constituted bodies and the public administrations, is punishable by a fine between 1,000,000 GNF and 5,000,000 GNF (USD 108-540).”

However, the press law and Penal Code (1998) conflict with each other on some  press offences. Article 99 of the press law states that incitement to theft, murder, looting and offenses against the security of the state, with incitement followed by effect, is an offence and “perpetrators are punished as accomplices” in accordance with Articles 271 and 273 of the Penal Code.  Article 271 of the Penal Code provides for prison sentences of between 10-20 years while Article 273 provides for penalties of imprisonment of 16 days to six months, a fine of 50,000 to 100,000 GNF ( (USD 5.5 to USD 10.9) or both. Notably, neither the press law nor the Penal Code are cited during the prosecution of journalists and bloggers. Instead, authorities rely on the cyber security law.

Law No. 037 on cyber security and the protection of personal data was adopted in July 2016, “to define the rules and mechanisms to fight against cybercrime in Guinea and thus create a favourable, conducive and secure environment in cyber space”. However, it is criticised as a threat to democracy and the digital rights of Guinean citizens because it legitimises online censorship and appears to criminalise whistle-blowing. Indeed, it is this law, and not the press law, which is currently being used to persecute journalists. According to Mohamed Traoré, former president of the Guinean Bar Association, the cyber security law is “unenforceable” because it has not been registered and published in the Official Gazette.

Meanwhile, the Bill on Access to Public Information was approved at the Council of Ministers on July 26, 2019, but there has been no further action on it since then. The lack of an access to information framework negatively impacts journalism, and transparency and accountability in governance. Passing the bill into law would facilitate reliable sources of information for investigative reporting, as well as research, and enhance civic participation.

 Which way for a free press in Guinea?

Guinea’s press law reflects the political will to ensure a free, independent and pluralistic media in the country. Further, growing internet penetration has facilitated media diversity. However, persisting acts of repression and intimidation of journalists and bloggers are in total disregard of the Freedom of the Press Act which decriminalises press crimes, and online critics remain exposed to harsh penalties emanating from the cyber security law. In addition, the current inadequacy of the supporting legal framework, and stagnation of the bill on public access to information, limit media’s contribution to democratic governance. For a conducive freedom of expression environment to thrive in Guinea, it is imperative for the government to adopt an adequate legal framework and ensure its enforcement at all levels.

15Nov

Silent No More! Africa’s Feminist Voices Are Growing Louder

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By Juliet Nanfuka |
In much of Africa, feminism is often incorrectly considered a new movement. However, the reality is that feminism in the continent has played a role in shaping social and cultural relations, as well as policy and business development around the continent for decades. It is perhaps the increased vibrancy of feminist narratives in the African digital sphere that has led many to assume its novelty. The difference, however, is that the use of digital technologies has enabled the feminist voice to become more visible, even blatant, unapologetic in the push back against deep-seated patriarchal social mores.
Socialisation practices have seen girls and women expected to be “obedient”, with this often expected to be the order in the home, school, public spaces, workplace as well as online. Women who challenge this narrative have often been and continue to be branded negatively due to their rejection of this patriarchal order.

Watch FIFAfrica19 session: End of Politeness: African Feminist Movements and Digital Voice

According to the International Telecommunications Union (ITU), in all regions of the world, more men than women use the internet with the largest gender digital divide found in developing countries. This supports a 2015 research by the World Web Foundation which found that women in urban poor communities in countries such as Cameroon, Egypt, Kenya, Mozambique, Nigeria, and Uganda were 50% less likely to use the internet than men.
Sub-Saharan Africa continues to face inequalities which reflect the disparities present in basic access to education and finance, among other rights. These are compounded by the overt sexualisation of girls and women in media and popular culture, the exclusion of women from positions of power in numerous fields including in politics and business through to policy making and technology development.
While existing inequalities are rooted in tradition and social mores, many more are maintained by religious and educational institutions and in some instances reinforced by outdated national laws. These structures of inequality were among the issues discussed at the Forum on Internet Freedom in Africa (FIFAfrica) 2019 during sessions on feminism in Africa and women’s digital leadership. In one of the sessions, it was it was reported that in Malawi, women’s participation in protest can lead to persecution as was the case for Beatrice Mateyo, Executive Director of the Coalition for the Empowerment of Women and Girls (CEWAG) who was arrested and charged with “offensive behaviour to the modesty of a woman or intent to insult the modesty of a woman” in September 2017 for carrying placards during an anti-violence protest with the handwritten Chichewa words “kubadwa ndi nyini si tchimo” (to be born with a vagina is not a crime/sin) and “my pussy my pride”.
Panelists also noted the experiences of women in Sudan, who remain policed through Section 234 of the Penal Code and have been publicly flogged for “indecent dressing” and for “being vocal in public.” The section states, “Whoever to the annoyance of others does any obscene or indecent act in a public place, commits an offence and shall on conviction, be punished with imprisonment for a term not exceeding two years or with fine or with both.”
These various forms of repression against women have been transferred online, but it is also online that the pushback against them has gained momentum and increased amplification. There is increased local content generation on the systems that have fueled and shaped gender and sexual identity based inequalities. Further, online campaigns and movements such as the #TakeBackTheTech, #FeministInternet, #BringBackOurGirls and #MeToo have contributed to a shift in how feminism, gender roles and perceptions are understood and interpreted.
However, many feminist commentators and content creators online, particularly on social media, have been met with hostility in the form of trolling, personal attacks, threats of violence and more, often disproportionately to other users, as a consequence of expressing feminist views. Frequently attacked are women in politics, journalism, business, sexual minorities, as well as those making commentary on sexual minorities, and In some cases, unsuspecting girls and women whose images are shared online for ridicule and shaming.
While some have been forced offline as a result of the backlash, others have opted to face critics through practicing “radical rudeness” which challenges the established social expectations of women online and offline. The most recent notable case of radical rudeness is that of Ugandan academic Dr. Stella Nyanzi, whose campaign for improved service delivery resulted in her incarceration for insulting the president under the Computer Misuse Act, 2011.
At FIFAfrica, panelists called for increased solidarity in movements which support feminism and equality. Among the recommendations that emerged from the discussions is the need for increased advocacy on feminism and women’s rights online alongside more public initiated campaigns online and offline which amplify where policy and public positions should be with regards to the promotion of women’s rights. The widespread online amplification of issues is increasingly being used as a tool in advancing awareness on the need to maintain a feminist voice online. Panelists also noted the need for more use of popular culture including various mediums in art and design, literature, social media as well as poetry and theatre to highlight the shifting voice of African feminism. However, they noted the need to remain steadfast amidst the continued pushback against women’s rights and equality in society both online and offline.

28Oct

Governments and Donors Urged to Advance ICT Access for Persons with Disabilities

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By CIPESA Writer |

While advances in Information and Communications Technology (ICTs) including the Internet have created avenues of inclusion, for some, especially persons with disabilities, it has also widened the extent to which they are excluded from the social and economic potential of the digital society.

Persons with disabilities are more likely to experience adverse socio-economic outcomes than persons without disabilities, such as lack of access to information, less education, poorer health outcomes, lower levels of employment, and higher poverty rates.

Several factors are contributing to the deepening of this exclusion in the digital society, including a non-conducive legal and policy environment, poor investments in telecommunication infrastructure that supports ICT access for persons with disabilities, and the lack of access to the required assistive technologies such as screen readers, screen magnifiers, and braille.

According to the  World Health Organisation, at least one billion people, or 15% of the world’s population, have some form of disability, while an estimated 2-4% have significant difficulties in functioning. In Africa, persons with disability are estimated at 10% of the general population, but could be as high as 20% in the poorer regions.

At the just concluded sixth Forum on Internet Freedom in Africa (FIFAfrica) held in Addis Ababa, Ethiopia in September 2019, participants explored the various  challenges faced by persons with disabilities in accessing and using ICT, particularly assistive technologies.

Speaking at the special session on ICTs and Disability, Safari Shuti, a Member of Parliament from the Democratic Republic of Congo, stated that existing disability legal frameworks must be strictly enforced with penalties for non-compliance if they are to become effective.

“Within the legal framework, there should be accountability measures for lack of implementation, with clear provisions on who should oversee the implementation and penalties for lack of implementation,” he noted.

However, according to Sussane Dossi, a Member of Parliament in Malawi, some governments that already have disability rights laws do not have the technical or financial resources to implement many of the inclusion laws. She noted that the private sector players need to support government in implementation of these laws through providing technical support as well as the required funding.

Besides the non-conducive legal and policy framework, there is also the challenge of negative attitudes towards persons with disabilities, and lack of awareness of the different challenges that persons with disabilities face in accessing and utilisation of ICTs.

According to Mohamed Kimbugwe from the GIZ office in Uganda, “In the digital era, we need to focus on mind change and awareness creation. We need to improve accessibility to go beyond design. Persons with disability need information in friendly formats that they can easily navigate. We need to also look at affordability of accessible assistive devices.”.

Dr. Abdul Busuulwa from the Community Based Rehabilitation (CBR) Africa Network noted that providing access to relevant ICTs can go a long way in reducing or even eliminating the barriers that persons with disabilities face. “If you are having an impairment but have all the tech that you can use to navigate through the environment, it becomes debatable whether you have any disability,” he said.

During the same session, a digital campaign tool for persons with visual impairment, heartheblindspot.org was launched by Together!, in partnership with Small Media, and Data4Change. The website uses sonification of data to tell the story of digital exclusion for people who are blind or visually impaired in Ethiopia, and champions the need for a more inclusive and accessible internet. There are an estimated 4.5 million more than 850,000 people with visual impairment in Ethiopia.

Practical solutions.

According to Judy Okite from the Association for Accessibility and Equality in Kenya, disability rights activists and supporters need to start being intentional to include inclusion starting at a very early stages of all interventions. “We need to incorporate disability accessibility features to websites during the development stages as opposed to incorporating them later”.

It is equally crucial to invest in data and research to first understand the extent of disability on the continent.  “Let us find out the figures. How many of those living with disability live in Africa, how many are women, how many are men, children, etc? said Okite. The lack of disaggregated data and research on the situation of persons with disabilities limits the effectiveness of programming to monitor and advance the rights of persons with disability.

The need for research was echoed by Dr. Busuulwa, who noted that ICTs and disability is still a virgin area for research and development. He urged the business community to proactively think of persons with disabilities as key consumers or a market:  “Make it easier for persons with disability to become interested, and even much easier for the rest to flock your business.”

Awoke Dagnew, from Together!, noted that issues of persons of disabilities should be mainstreamed in all aspects, academia, research and funding. According to him, “Everyone should understand the situation of persons with disabilities and how they are suffering exclusion.”

Participants urged development partners to make it mandatory within funding structures for grantees to make commitments to include persons of disability in their programming and other interventions.

Besides enforcement of laws, national government were urged to work with private sector, especially the entrepreneurs, and telecom companies, through public private partnerships, to provide accessible and affordable services for persons with disability.

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.

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