Blog Archives – Page 62 of 78 – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

19Apr

18 NGOs File an Intervention Before France’s Highest Court on Dangers of The ‘Right to Be Forgotten’

admin April 19, 2017

News Update|

Today, 18 expert non-governmental organisations from across the world have filed legal submissions before France’s highest court, the Council of State (Conseil d’État), raising serious concerns about a ruling of France’s data protection authority, la Commission nationale informatique et libertés (“CNIL”), on the “right to be forgotten”.

In 2014, CNIL ordered Google to remove 21 links from the results of an internet search on the name of a French citizen who claims a “right to be forgotten.” Google initially removed the links from its French search site (www.google.fr) and other European search sites (such as www.google.ie), but CNIL demanded it go further. Google then blocked the links from results returned to European users, even when using Google’s non-European sites, including www.google.com.

CNIL however demands that when it orders content to be “forgotten” from search results, this decision must be given effect worldwide, meaning that the results must be made unavailable to all users internationally, regardless of where they are accessing internet search engines. CNIL has also imposed a huge fine on Google, of €100,000.

13 Days Later, Cameroon Maintains Internet Shutdown Despite Global Outcry

admin January 30, 2017

By Juliet Nanfuka |

An internet shutdown in the primarily Anglophone regions of north-west and south-west Cameroon is now in its 13th day. The shutdown was first initiated across the country on January 16 and on January 17, internet access was reinstated in the Francophone parts of the country. As of January 30, the blockage in the Anglophone regions including in key towns such as Buea and Bameda remains in pace.
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 say that “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. Further, the arrest of the activist leaders of the Cameroon Anglophone Civil Society Consortium, Nkongho Felix Agbor Balla and Fontem Neba, have done little to address the perception that government is trying to silence voices of dissent.
Critics of the shutdown have called the shutdown a violation of “citizens’ rights to freedom of expression and access to information”. On January 22, civil society organisations from around the world sent an open letter to the President of Cameroon, and the ministers for telecommunications and communication urging an immediate end to the shutdown. No response has been received.
Indeed, there has been global outcry on the shutdown which has affected the livelihoods of millions of citizens in the affected regions. Mobile Money services providers, microfinance Institutions and banks have also been affected, forcing residents to travel to Francophone towns like Douala to conduct their financial transactions (Listen to iAfrikan podcast).
In the days leading up to the shutdown, the Ministry of Post & Telecommunications (MINPOSTEL) issued a directive to operators to send out messages warning subscribers against the “bad” use of social media. Operators received backlash on social media for sending the government-directed message which was seen to encourage self–censorship.
However, Philisiwe Sibiya, CEO at MTN Cameroon, argued that the communication was not intended to “curtail customer rights and violate customer privacy.” She explained that the regulator, MINPOSTEL, “may from time to time request telecom operators to carry messages on their networks intended for the general public. This was the case recently when MTN Cameroon, along with other operators, broadcast a message from MINSPOTEL regarding the use of the internet.”

“Dear subscriber, publishing as well as spreading false news,including on the social media, are punishable by the Penal Code and the law

Communiqué sent to users of Camtel, MTN, Orange, Nextell mobile telephone lines from MINPOSTEL

Back in November 2016, the government launched a campaign against social media, calling it “a new form of terrorism”. At the time, Facebook and Twitter users were sharing information, including pictures, about a train derailment in which 80 people died while government maintained silence about the accident.
Whereas language as the basis for an internet shutdown is new, the practice has become common in Africa particularly during political unrest (Burundi), elections and inauguration (Uganda), economic failure (Zimbabwe) and exams (Ethiopia).
Various campaigns are underway calling for the Cameroon Government to reinstate internet access, including this Use your voice! Tell Cameroon to turn the internet back on and the hashtags #BringBackOurInternet #KeepItOn.
See this Aljzeera discussion titled Is Cameroon persecuting its English speakers? It features Elvis Ngolle Ngolle – Former Minister of Special Duties in the Office of the President of Cameroon. Julie Owono – Head of the Internet Desk at Internet Without Borders and Albert Nchinda – Political Analyst.
Image: Cameroonians in South Africa gathered at the MTN Headquarters in Johannesburg to protest the shut down of internet in its English-speaking regions of Cameroon.
Source: Kinnakas Blog

30Jan

The Right To information in Uganda: Unclogging The Bottlenecks

admin January 30, 2017

By Loyce Kyogabirwe |
The right to information (RTI) is essential for the functioning of any democracy and is a prerequisite for transparency, accountability, gender equality and citizens’ participation in governance processes. However, Uganda faces numerous challenges to realising the right to access information despite having an access to information law. In the course of 2016, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) made various interventions to advance RTI, including holding training events and round table discussions for civil society, the media and government officials.
Uganda’s 2005 right to information law remains little known and largely unimplemented. Government Ministries, Departments and Agencies (MDAs) hardly release information voluntarily and tend to be unresponsive to information requests from citizens, due to a culture of secrecy and government bureaucracy that conflict with the law. Conversely, few citizens demand for information as a result of low awareness of their rights and the belief that public officials routinely ignore citizens’ information requests.
At a December 15, 2016 dialogue involving public officials, including information officers from various MDAs, journalists and civil society representatives, it emerged that the government and citizens have not prioritised RTI. “The role of information has been undervalued and sometimes it gets a zero release in [MDA] budgets,” said a public official. Another noted that 11 years after the law was enacted, no MDA has submitted an annual report to parliament on its information disclosure record, including requests received from citizens, as required by the law.
Other challenges prominently cited included under-staffing in MDAs, employing information officers that are unqualified and who often lack mandate to speak on behalf of the public entity, and conflicting laws that make implementing the RTI law difficult.
Journalists shared their experiences of regularly being denied information, often with no reason provided. One journalist noted that informal approaches are the primary means of attaining public information held by the state.
At an earlier training for journalists, which was held on November 23, challenges of public information officers who are either not authorised to release information, or who refer to secrecy oaths not to release information, were prominently cited.
Further, journalists pointed out the cost of accessing information as a hindrance for ordinary citizens. “If it is my right to access information then why am I paying for it?” asked Regina Nassanga of Mama FM. According to the law, a fee of UGX 20 000 (Just over US$ 5) is required when making a formal request at an MDA office.
Despite these obstacles, there are some indications that things could get better. Each government department is now required to have an information officer, and a few public bodies are beginning to implement the government’s 2013 Communications Strategy, although they have been unable to make any significant increase to budget allocations for the information function.
Civil society representatives pointed out additional concerns including the lack of deliberate action to promote RTI particularity for women and people with disabilities. Moreen Nambalirwa from the National Union of Women with Disabilities noted that when information is disseminated to the public via television and radios, people with visual and hearing impairments miss out. She also stated that despite the directive from the Uganda Communications Commission that all TV stations should have a sign language interpretation during some news broadcasts, none of the more than 10 local TV stations have done so, further contributing to the exclusion and limited participation by PWDs in governance processes.
The convenings were organised by CIPESA and provided a space for civil society, public officials and journalists to share their experiences, learn from one another, and suggest possible ways to improve access to information.

24Jan

Open Letter To Cameroonian Government On Internet Connectivity In Anglophone Regions

admin January 24, 2017

Open Letter |
On January 22, 2017, Civil Society Organizations from around the world sent the following open letter to The President of Cameroon, Minister of Posts and Telecommunications, and Minister of Communication, on ongoing Internet blackout in anglophone regions of the country.

Internet Sans Frontières – CC BY-NC-SA 3.0 FR

Re: Internet Connectivity in the Republic of Cameroon
Your Excellencies,
We are writing to urgently request that you restore Internet access in the South West and North West regions of Cameroon. Multiple reports, including ours, indicate that your government ordered operators to block communications over the internet in the anglophone regions of the country. [1]
We implore you to keep the internet on.
Research shows that internet shutdowns and violence go hand in hand. [2] Shutdowns disrupt the free flow of information and create a cover of darkness that allows repression to occur without scrutiny. Worryingly, the Republic of Cameroon would be joining an alarming global trend of government-mandated shutdowns around election issues, a practice that many African Union member governments have recently adopted, including: Burundi, Congo-Brazzaville, Chad, Gabon, Egypt, Sudan, the Central African Republic, Niger, Democratic Republic of Congo. [3], [4], [5], [6], [7], [8], [9]

Internet shutdowns — with governments ordering the suspension or throttling of entire networks, often during elections or public protests — must never be allowed to become the new normal.

Justified for public safety purposes, shutdowns instead cut off access to vital information, e-financing, and emergency services, plunging whole societies into fear and destabilizing the internet’s power to support small business livelihoods and drive economic development. In addition, a study by the Brookings Institution indicates that shutdowns drained $2.4 billion from the global economy last year. [10]
The Internet shutdown imposed in anglophone territories of Cameroon will hit hard on the burgeoning digital economy, which is blossoming in Cameroon’s Silicon Mountain, Buea. [11]
International Law
A growing body of jurisprudence declares shutdowns to violate international law. The United Nations Human Rights Council has spoken out strongly against internet shutdowns. In its 32nd Session, in July 2016, the Council passed by consensus a resolution on freedom of expression and the internet with operative language on internet shutdowns. The resolution, A/HRC/RES/32/13, « condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and calls on all States to refrain from and cease such measures. » The Council intended this clear declaration to combat the blocking and throttling of networks, applications, and services that facilitate the freedoms of expression, opinion, and access to information online. In addition, the African Commission on Human and Peoples’ Rights stated in its November 2016 Resolution on the Right to Freedom of Information and Expression on the Internet in Africa that it was “Concerned by 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.” [12]
In 2015, various experts from the United Nations (UN) Organization for Security and Co-operation in Europe (OSCE), Organization of American States (OAS), and the African Commission on Human and Peoples’ Rights (ACHPR), issued an historic statement declaring that internet “kill switches” can never be justified under international human rights law, even in times of conflict. [13] General Comment 34 of the UN Human Rights Committee, the official interpreter of the International Covenant on Civil and Political Rights, emphasizes that restrictions on speech online must be strictly necessary and proportionate to achieve a legitimate purpose. Shutdowns disproportionately impact all users, and unnecessarily restrict access to information and emergency services communications during crucial moments.
The internet has enabled significant advances in health, education, and creativity, and it is now essential to fully realize human rights including participation in elections and access to information.
We humbly request that you use the vital positions of your good offices to:

Ensure that the internet connectivity, including social media, is restored in the anglophone regions of the republic of Cameroon in the coming period
Publicly declare your commitment to keep the internet on, including social media
Encourage telecommunications and internet services providers to respect human rights, including through public disclosures and transparency reports.

We are happy to assist you in any of these matters.
Sincerely,

Access Now
Internet Sans Frontières
Internet Sans Frontières-Togo
Africtivistes
Cameroon Ô Bosso
Droit au Droit
Réseau des blogueurs du Burkina Faso
Réseau Panafricain des Défenseurs des Droits Humains
Afrika Youth Movement
Voice of Women Initiative
Coexistence with Alternative Language and Action Movement- Tunisia
The Collaboration on International ICT Policy in East and Southern Africa (CIPESA)
Pen Plus Bytes
Unwanted Witness Uganda
Center for Media Research
Media Foundation for West Africa
Campaign for Human Rights and Development
African Freedom of Expression Exchange (AFEX)
Center for Democracy and Technology
Paradigm Initiative Nigeria
Internet Freedom Forum
ADISI-Cameroun
Société des Amis de Mongo Beti (SAMBE)

Notes:
[1] Julie Owono, Regional Internet Blackout In Cameroon (Report by Internet Sans Frontières, 20 January 2017) <http://internetwithoutborders.org/fr/regional-internet-blackout-in-cameroon/
[2] Sarah Myers West, ‘Research Shows Internet Shutdowns and State Violence Go Hand in Hand in Syria’ (Electronic Frontier Foundation, 1 July 2015) <https://www.eff.org/deeplinks/2015/06/research-shows-internet-shutdowns-and-state-violence-go-hand-hand-syria> accessed 18 February 2016.
[3] ‘Access urges UN and African Union experts to take action on Burundi internet shutdown’ (Access Now 29 April 2015) <https://www.accessnow.org/access-urges-un-and-african-union-experts-to-take-action-on-burundi-interne/> accessed 18 February 2016.
[4] Deji Olukotun, ‘Government may have ordered internet shutdown in Congo-Brazzaville’ (Access Now 20 October 2015) <https://www.accessnow.org/government-may-have-ordered-internet-shutdown-in-congo-brazzaville/> accessed 18 February 2016.
[5] Deji Olukotun and Peter Micek, ‘Five years later: the internet shutdown that rocked Egypt’ (Access Now 21 January 2016) <https://www.accessnow.org/five-years-later-the-internet-shutdown-that-rocked-egypt/> accessed 18 February 2016.
[6] Peter Micek, ‘Update: Mass internet shutdown in Sudan follows days of protest’ (Access Now, 15 October 2013) <https://www.accessnow.org/mass-internet-shutdown-in-sudan-follows-days-of-protest/> accessed 18 February 2016.
[7] Peter Micek, ‘Access submits evidence to International Criminal Court on net shutdown in Central African Republic’(Access Now 17 February 2015) <https://www.accessnow.org/evidence-international-criminal-court-net-shutdown-in-central-african-repub/> accessed 18 February 2016.
[8] ‘Niger resorts to blocking in wake of violent protests against Charlie Hebdo cartoons.’ (Access Now Facebook page 26 January 2015) <https://www.facebook.com/accessnow/posts/10153030213288480> accessed 18 February 2016.
[9] Peter Micek, (Access Now 23 January 2015) ‘Violating International Law, DRC Orders Telcos to Cease Communications Services’ <https://www.accessnow.org/violating-international-law-drc-orders-telcos-vodafone-millicon-airtel/> accessed 18 February 2016.
[10] Darrell West, (Brookings Institution, October 2016) “Internet shutdowns cost countries $2.4 billion last year”https://www.brookings.edu/wp-content/uploads/2016/10/intenet-shutdowns-v-3.pdf
[11] Julie Owono, Cameroon’s Reflection on the “false news” debate stirs censorship fears (Report by Internet Sans Frontières, 22 November 2016) <http://internetwithoutborders.org/fr/cameroonian-governments-dangerous-stance-against-a-free-and-open-internet/
[12] African Commission on Human and Peoples’ Rights, (November 2016) ‘362: Resolution on the Right to Freedom of Information and Expression on the Internet in Africa – ACHPR/Res. 362(LIX) 2016’ http://www.achpr.org/sessions/59th/resolutions/362/
[13] Peter Micek, (Access Now 4 May 2015) ‘Internet kill switches are a violation of human rights law, declare major UN and rights experts’ <https://www.accessnow.org/blog/2015/05/04/internet-kill-switches-are-a-violation-of-human-rights-law-declare-major-un> accessed 18 February 2016.
Originally published here – French Version available here

19Jan

Call for Expression of Interest: ICT Law Associate

admin January 19, 2017

Job Opening |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA, www.cipesa.org) seeks to recruit an ICT Law Associate to support our work in the Internet Freedom thematic area. The Associate will contribute to CIPESA’s work related to digital rights capacity building, analysis and documentation of the impact of existing and proposed legislation on human rights and access to technology in Africa, among others. To this end, the Associate will perform the following roles:

Lead the analysis of existing and proposed laws that would impact freedom of expression, privacy, and access to information;
Identify and coordinate strategic litigation opportunities in the areas of freedom of expression, privacy, and access to information;
Build the knowledge and skills of CIPESA partners and civil society groups on digital rights and ICT policy through training and ongoing support;
Develop advocacy positions on internet freedom related issues
Take part in public awareness and advocacy around internet freedom and good governance issues.
Draft reviews and stakeholder submissions on bills under consideration by legislatures and amendments that impact on internet freedom and democratic governance.
Contribute to ongoing learning and knowledge exchange within CIPESA’s programmes and partners.

The role is full time preferably based in Kampala, Uganda although other locations in East or Southern Africa may be considered. Initial contract span is one year with an expected start date of late February or early March 2017.
Required experience and qualifications

Advanced training in Law and technology (preferably Master’s degree)
Familiarity with ICT legal frameworks and best practices, both international and in Africa – notably in the countries where CIPESA works.
Familiarity with African and international human rights instruments.
Proven policy analysis, research and legal drafting experience.
Strong advocacy skills including working with state and non-state actors.
Ability to communicate effectively (orally and in writing), speak persuasively, express complex issues in simple terms and present ideas clearly and concisely
Demonstrated knowledge of issues and actors in internet governance and internet freedom eco- system in Africa and internationally.
Ability to work in a collaborative, team environment.
Proposal writing skills a plus.

To apply
Submit an expression of interest with CV detailing previous experience and work done, proof of qualifications, two samples of your written work (for example articles, briefs, research reports) and salary expectations. All applications should be sent to [email protected] with subject line stating Application for ICT Law Associate. The deadline for submissions is 17.00 (East African Time) on January 31, 2017.
Applications received after the deadline will automatically be rejected.

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