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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.

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

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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.

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