Promoting Effective and Inclusive ICT Policy in Africa

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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.

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.

19Sep

An Enabling Environment for Inclusive Digital Transformation

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FIFAfrica19 |
The digital economy, including cross-border services, digital trade, and electronic commerce (eCommerce), contributes to democratic and economic development by expanding market access for local businesses, promoting inclusive trade, creating jobs, and expanding tax revenue for governments to provide essential services. As the scope of digital innovation expands around the continent, so must national and regional priorities and policies align to facilitate greater competitiveness, inclusiveness all while respecting online freedoms and digital rights.
This panel discussion will feature key insights on priority policies and initiatives gleaned from the FIFAfrica pre-event hosted by the Center for International Private Enterprise (CIPE). On September 24, CIPE will host a policy roundtable with public, private, and civil society stakeholders from across the continent to discuss regional opportunities for inclusive economic and entrepreneurial development in an increasingly digital future. Topics from the policy roundtable include: data flows and privacy, eCommerce and eTrade, e-payments and financial inclusion, and the future of entrepreneurship.
Following FIFAfrica, proposed initiatives and policies identified in the policy roundtable discussions and in this panel will be shared with the digital rights community and the public.
Moderator: Louisa Tomar, Global Program Officer, CIPE
Panelists

  • Peter Mwencha | Africa eTrade Group, Kenya
  • Representative | CIPESA
  • Grace Githaiga | KICTANet, Kenya
  • Representative | MINT, Ethiopia

 
Follow the conversation using #FIFAfrica19 and #InternetFreedomAfrica.

17Sep

Global Network Initiative (GNI) to Hold Consultations on Internet Rights, SDGs and Collaborative Advocacy at FIFAfrica19

Author Liad Posted on

FIFAfrica19 |
Over the last six months, the Global Network Initiative (GNI) has been convening diverse stakeholders from sub-Saharan Africa to discuss pressing freedom of expression and privacy issues in the region. Research and consultations conducted by the GNI to-date indicate that government-enabled surveillance and network disruptions are of particular concern across multiple stakeholder groups, as well as other issues like social media taxes and data protection. Through these discussions, participants representing companies, civil society, and academia, among others, have exchanged important insights into these issues and identified ways multi-stakeholder efforts could advance shared aims.
At the upcoming Forum on Internet Freedom in Africa 2019 (FIFAfrica19), GNI will convene a session to continue the conversation about pressing freedom of expression and privacy issues in sub-Saharan Africa. The aim is for the pan-African assembly of participants to share updates and insights into pressing policy issues as well as collectively identify areas for possible collaborative advocacy between companies and civil society, such as through the development of shared statements or the identification of areas that need more research.
This session will be held on Wednesday September 25 under Chatham House rules and is open to attendees of FIFAfrica19. Please register in advance.
The consultations will extend to a panel taking place on September 26, also convened by GNI, titled “Disrupting Development: How Internet Shutdowns Impede the Sustainable Development Goals”. Speakers on this panel will demonstrate how open and unrestricted access to the internet facilitates achievement of the Sustainable Development Goals (SDGs). They will also discuss the consequences of disruptions for the achievement of SDGs, using recent examples of network disruptions in Africa to highlight these effects, and how governments can pursue the SDGs while respecting human rights. As an outcome of this session, attendees will understand the role of the internet in achieving the SDGs and will be equipped with ways to analyse how network disruptions impact their country’s realisation of the goals.
Panellists: Zama Ndege Godden, Blacked Out, Cameroon | Alp Toker, NetBlocks, Turkey | Berhan Taye, AccessNow, Ethiopia
Moderator: Jason Pielemeier, GNI
The GNI is a global multistakeholder network, composed of leading ICT companies, civil society organizations, academics, and investors. GNI’s mission is to protect and advance freedom of expression and privacy in the ICT industry by setting a global standard for responsible company decision making and by being a leading voice for freedom of expression and privacy rights.

12Sep

Overview of Cameroon’s Digital Landscape

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By Simone Toussi |

The Information and Communications Technology (ICT) sector in Cameroon has evolved considerably since 2010, despite the persistence of the digital divide and affronts to freedom of expression online. The country’s digital landscape was  boosted by the launch in May 2016 of the National ICT Strategic Plan 2020, which recognised the digital economy as a driver for development. The country has registered increased investments in  telecommunication and ICT infrastructure, including extension of the national optical fibre backbone to about 12,000 km, connecting 209 of the country’s 360 sub-divisions, and neighbouring countries such as Chad, Gabon, Equatorial Guinea, the Central African Republic and Nigeria. 

By 2018, the Ministry of Posts and Telecommunications reported that mobile phone  subscribers stood at 18.8 million representing a penetration rate of 83%, while internet penetration was 35%. There are four big telecommunications service providers in Cameroon – MTN, Orange, Viettel and the state-owned CAMTEL. With 48% of the mobile market share or 8.7 million subscribers, MTN is the leading service provider, according to its report for the first quarter of 2019. 

Over the years, Cameroon has scored some improvements in ICT development and affordability. For instance, on the ICT Development Index (IDI) of  the International Telecommunications Union (ITU), its value improved from 1.54 in 2010 to 2.38 in 2017 – against the highest global value of 8.98 for Iceland, and between the highest African value of 5.88 for Mauritius and the lowest 0.96 for Eritrea. Cameroon thus ranked at 149  out of the 176 countries assessed, with more than twenty African countries ranked above it. On affordability of the internet, Cameroon’s ranking has also slightly improved – currently ranked 50, up from 53 in 2015, out of 60 countries. This still makes internet access in Cameroon among the most expensive of the countries surveyed.

Meanwhile, internet shutdowns, arrests and intimidation of online critics, and censorship of online content  raise concerns about the government’s commitment to nurturing a sustainable and inclusive digital society.

ICT Legal and Regulatory Frameworks

The Cameroonian Constitution provides for freedom of expression, freedom of the press and of communication. It states: “the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law”. 

Relevant agencies governing the sector include the Telecommunication Regulatory Agency (ART), and the National Telecommunications Agency (ANTIC) – both under the mandate of the Ministry of Posts and Telecommunications (MINPOSTEL). Other entities such as the Ministry of Communication and the National Council of Communication also has regulatory and advisory roles with regards to media. 

These agencies are guided by key laws that govern ICT including  Law n° 98/014 of July 14, 1998 governing telecommunications and its amendment of December 29, 2005;  Law n° 2010/013 of  December 21, 2010 on e-Communications, and its amendment of April 2015;  Law n° 2010/012 of  December 21, 2010 on Cyber Security and Cybercrime; and Law n° 2010/021 of December 21 2010 governing e-Commerce. Other legalisation related to ICT are the Framework Law n° 2011/012 of May 6, 2011 on Consumer Protection,  Law n° 2001 / 0130 of July 23, 2001 establishing the minimum service in telecommunications, and Law n° 98/013 of July 14, 1998 on competition which governs all sectors of the national economy.

The 2014 Law on the Suppression of Terrorist Acts, which was enacted to support the fight against terrorism and growing threats from the jihadist group Boko Haram, has been used as a tool to suppress journalism and opinion critical of the government under the guise of preventing the spread of fake news and threatening national security. In January 2018, the Minister of Justice issued a directive to magistrates to “commit, after clear identification by the security services, to legally prosecute any person residing in Cameroon who uses social media to spread fake news”. 

A new law is the  2019 Finance Act, which under Section 8, introduces taxation on software and application downloads produced outside of Cameroon, at a flat rate of 200 Central African Francs (CFA), equivalent to USD 0.34, per download. Whereas the government is yet to issue implementation guidelines for the taxes, once in effect, they  will result in additional costs for digital platform users.

Access and Affordability 

Article 4 of the 2010 eCommunications law states that every citizen “has the right to benefit from electronic communications services”. The same law establishes a Universal Service Access Fund, aimed at ensuring equal, quality and affordable access to services (Articles 27-29). Whereas internet and mobile telephony have registered growth, access and affordability remain a challenge, especially among rural and poor communities. Currently, the average cost of 1GB of data is 2,000 CFA (USD 3.4) per month, and with the proposed levy of 200 CFAs (USD 0.34) on software and application downloads, costs are expected to further increase. With an estimated per capita income of USD 1,500 in 2018, the prevailing rates are over and above the Alliance for Affordable Internet’s recommendation of 1GB of data costing 2% or less of average monthly income.  

Gender Digital Divide

A 2015 report by the Web Foundation found that in Cameroon only 36% of women compared to 45% of men were internet users. The key factors inhibiting women’s access to the internet and digital devices in Cameroon included literacy levels, cost relative to income, access to devices, perceived relevance and usefulness, lack of time and poor infrastructure. Towards addressing the digital gender divide, the National ICT Strategic Plan 2020 states among its objectives the need to “support the development of female skills in the field of digital engineering“, and to “support technological and scientific vocations for women“. However, these objectives are not linked to any specific projects within the plan’s priority action areas. 

Meanwhile, without much in the way of provisions for gender, cultural and linguistic diversity, the country’s ICT laws remain largely silent on diversity and inclusion within the ICT sector. Further, seven years since its passing, the Framework Law on Consumer Protection, which includes provisions on consumer rights and quality of services within the technology sector, remains largely unenforced due to the absence of  implementation guidelines.

Privacy and Data Protection

Cameroon has no data protection or privacy law. However, the national Constitution amended by the Law N°. 96-06 of 18 January 1996, guarantees privacy of communications in its preamble, stating that “the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial Power”. The 2010 Cybersecurity and Cybercrime law also provides for the privacy of communications under Article 41 and outlaws the interception of communications under Article 44. The obligation for service providers to guarantee users’ privacy and the confidentiality of information is covered under Articles 42 and 26.  

According to Article 26(1); “Information system operators shall take all technical and administrative measures to ensure the security of the services offered. To this end, they should be equipped with standardised systems that enable them to identify, evaluate, process and continuously manage the risks related to the security of information systems in the context of services offered directly or indirectly”. However, the law does not specify the guiding principles for the collection and processing of personal data, nor users’ right to access and update such data. 

Network Disruptions

The government of Cameroon has in the past initiated two internet shutdowns in the Anglophone region of the country, which together lasted 240 days and drew international condemnation. The shutdowns were imposed in the wake of ongoing strikes, fatal violence and protest action against the alleged “francophonisation” and marginalisation of English speakers who claim that “the central government privileges the majority French-speaking population and eight other regions.” It is estimated that the regional internet shutdown cost USD 38.8 million in addition to affecting access to public services, education, and daily livelihoods. 

Guaranteeing an Inclusive Digital Space in Cameroon

Cameroon’s government has professed its intention to leverage the digital economy for sustainable development and to establish  an enabling legal and regulatory framework. However, developments such as taxation of application downloads, internet disruptions, and limited efforts to bridge the digital gender divide, indicate a shrinking digital space and are likely obstacles to the uptake of ICT. Efforts are thus necessary to ensure a digital environment that is both open and accessible to all, upholds users’ safety and security, and guarantees constitutional rights. These efforts should include a strengthened legal framework with implementation guidelines to ensure enforcement, compliance monitoring, and accountability. 

Moreover, the adoption of a specific law on privacy and data protection is recommended, so as to guarantee the principles of anonymity and consent, and in line with international best practice. For civil society organisations, it is recommended to intensify advocacy against regressive policy and practice including internet disruptions,  and the enforcement of consumer protection and universal services. Crucially, civil society should play an active role in policy consultative processes and citizen sensitisation on digital rights and literacy.

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