Who controls the Internet? Final statement of the Pan African Civil Society Workshop

Final Statement of the Pan African Civil Society Workshop on Who Controls the Internet? Held in Nairobi, 26-27 July, 2012
We, participants comprising representatives of diverse civil society organizations from the human rights, media and ICT policy sectors, meeting at the Pan African Civil Society Workshop on “Who Controls the Internet” held in Nairobi, Kenya, on July 26 and 27, 2012:

  • Affirm the importance of the Internet as an enabling medium for democratisation and the promotion, exercise and enjoyment of human rights;
  • Recognize that the ability to access and use the Internet has become inextricably linked to the rights to freedom of expression, association and assembly, as enshrined in the African Charter on Human and Peoples’ Rights , and the International Covenant on Civil and Political Rights .
  • Stress the capacity and potential of the Internet to contribute to social, economic, cultural and human development;
  • Express strong support for the report of the Special Rapporteur on Freedom of Expression and Opinion on the right to freedom of opinion and expression exercised through the Internet presented in June 2011 to the Human Rights Council (HRC) and HRC Resolution A/HRC/20/L.13 of July 5, 2012 on “the Promotion, Protection and Enjoyment of Human Rights on the Internet” which affirms that the same rights that people have offline must also be protected online;
  • Welcome the establishment in 2011 of the African Platform for Access to Information and the Freedom Online Coalition ;
  • Affirm that multi-stakeholder governance of the Internet at the national, regional and international levels founded on the guiding values of fundamental human rights and the public interest is essential for the effectiveness and legitimacy of Internet governance;
  • Note that current Internet governance arrangements as well as recent proposals for global Internet governance reform from some governments and discussed in various intergovernmental forums do not adequately address civil society participation.

We call upon African States:

  • To promote and facilitate affordable and equitable access to the Internet;
  • To review and repeal policies, regulations, legislation and practices that are restrictive or inconsistent with regional and international human rights standards and that interfere with freedom of expression, association and assembly on the Internet;
  • To prioritise the application of UN Human Rights Council Resolution (A/HRC/20/L.13, July 5, 2012) which “affirms the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights”;
  • To guarantee that all Internet-related policies, regulations and legislation are developed within a framework which ensures the inclusion and full participation of all stakeholders, particularly civil society;
  • That those who have not yet done so to endorse the African Platform on Access to Information (APAI) and apply the principles contained in the APAI Declaration to advance the right to Access to Information in all its dimensions, nationally, regionally, and internationally on the African continent;
  • To apply the UN Principles on Business and Human Rights , also known as the “Ruggie Principles”, in their interaction with and regulation of the Internet and telecommunications industry.

We call upon the African Union and regional bodies:

  • To strengthen its support of and collaboration with the African Commission on Human and Peoples’ Rights, particularly with the Special Rapporteur on Freedom of Expression and Access to Information;
  • To facilitate in partnership with the African Commission on Human and Peoples’ Rights the implementation of regional and international human rights standards in relation to the Internet as enshrined in the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, among others instruments;
  • To encourage the expansion and effective implementation of African initiatives to extend the right to information, such as the African Platform on Access to Information.

We call upon all global governance institutions, inter-governmental organizations and standard setting bodies that deal with Internet-related issues:

  • To facilitate the effective and continuous participation of civil society in all their decision-making processes;
  • To ensure transparency of and access to information related to these decision-making processes;
  • In particular, we call on the International Telecommunication Union (ITU) in the process of discussions reviewing of the International Telecommunications Regulations to ensure and facilitate the involvement of civil society and make relevant information publicly available in the process leading up the World Conference on International Telecommunications.
  • We call on Internet and telecommunications companies:*
  • To provide, fair, affordable and equitable access to telecommunications services and the Internet;
  • To adhere to the UN Principles on Business and Human Rights, also known as the Ruggie Principles.

We call on Civil Society Organizations:

  • To recognize the importance of freedom of expression, association and assembly on the Internet as an essential element of their work and mandate;
  • To participate actively in Internet related policy and governance issues at national, regional and international levels;
  • To work together in Africa and globally to ensure that Governments and industry are accountable in upholding freedom of expression, association and information on the Internet.

Signed by:
African ICT Consumers Network
Article 19, East Africa
Association for Progressive Communications
CIPESA
CIVICUS
Commission for Human Rights and Good Governance
Global Partners & Associates
Human Rights Watch
ICT Consumers Association of Kenya
iHub
Kenya Human Rights Commission
Kenya National Commission on Human Rights
Kictanet
Kubatana
Media Foundation for West Africa
Media Rights Agenda
Media, Empowerment and Democracy in East Africa
Social Development Network
Ushahidi
Read the full declaration here.

How Can ICT Help to Improve Governance

In what ways can Information and Communication Technologies (ICT) be used to the benefit of good governance? How can these technologies enable ordinary citizens to play a role in ensuring there is transparency and accountability in service provision in key sectors such as health, education, and water?
This was the focus the Promoting Good Governance and Accountability through use of ICTs in Uganda conference held at the end of June 2012, organised by the Women of Uganda Network (WOUGNET) and CIPESA.
At the one-day national conference, which attracted participants from government departments, civil society, media and academia, the two organisations disseminated their field and research findings on the use of ICT in enhancing citizen participation in governance and monitoring service delivery. There were discussions on how to use ICT more gainfully, given that there has hitherto been limited national experience and documentation in this area.
The Proceedings of the conference are available here.

mGovernance Workshop: Potential of Technology on Water Governance in Kenya

On July 5, 2012, iHub Research hosted a workshop aimed at engaging different stakeholders in Kenya’s water sector to identify and discuss current interactions between the stakeholders, understand how transparency, service delivery and citizen participation are currently being applied in the sector and identify the potential of mobile applications/platforms in promoting sustainable urban and rural water development.
Workshop participants were drawn from the government, the tech community, civil society, residents of various areas including the Kibera slums, media, academia and NGOs.
Water governance is the thematic focus of the mGovernance in Kenya Project.
Full insights from the workshop are available here. In addition, the report on technology use in Kenya’s water sector is also available for download here.
This article was published on July 24, 2012, about the ICT4Democracy in East Africa project, which brings together various partners in the region – among them CIPESA.

Call for Expression of Interest to participate in the Youth Fellowship to attend the 5th East African Internet Governance Forum (EAIGF)

The EAIGF was established to create a Community of Practice that will be a sustaining foundation for meaningful participation of East African stakeholders in Internet governance public policy debates at the national, regional and international level. The EAIGF model allows for the informed participation, contribution and engagement of community members through the sharing of experiences, information, addressing common problems and challenges, the creation of new knowledge and increasing local capacity.
Since its inception, EAIGF has continued to act as a catalyst for an inclusive information society in region and has to date addressed issues ranging from interconnection, IXPs, affordable access, Strengthening ccTLDs in East Africa, among others.
After four successful meetings, held in Kenya, Uganda, and Rwanda from 2008, the fifth EAIGF will be hosted by the Kenya ICT Action Network (KICTANET).
The EAIGF is now accepting applications from youth representatives to attend this year’s EAIGF to be held July 17 – 18, 2012 in Nairobi, Kenya.
As an EAIGF Youth fellow, you are expected to contribute to the wider regional IG policy debate while providing valuable expertise and know‐how to the policymakers and decision makers who participate in IGF meetings.
The Fellowship Award 
Youth Fellows to the EAIGF receive the following assistance:

  • a round‐trip, economy class airline ticket to attend the meeting
  • hotel accommodation for the duration of the meeting
  • a small stipend to offset incidental expenses

Expectations for the Fellows 
Youth fellows are expected to:

  • prepare in advance to make a presentation on a selected topic of the EAIGF meeting
  • participate broadly in the EAIGF meeting agenda
  • contribute to the EAIGF blog
  • share the experience and knowledge gained at the EAIGF with their local communities when they return home (including writing a report on the activities)

Who should apply? 
EAIGF youth fellowships are for Ugandans aged between 20‐30 who have a strong interest in the issues and themes of the EAIGF and have demonstrated interest in promoting Internet policy in Uganda.
Selection criteria
Selection for the fellowship is competitive. All applicants must:

  • be between the ages of 20 and 30
  • Present a strong motivation for attending the EAIGF meeting
  • Demonstrate an understanding of Internet Governance issues both at the local, regional and international environment.
  • Demonstrate experience in leading Internet governance discussions at the national/ regional/international level and in multi‐cultural environments

The selection committee will also attempt to achieve professional, geographical, and gender diversity in the overall selections.
How to apply 
Send your expression of interest stating your motivation to attend the EAIGF, and how you meet the criteria above, to Lillian Nalwoga, at [email protected] CC [email protected] no later than Monday June 18, 2012.

Transition to Digital Broadcasting: Africa’s State of Unreadiness

By Ashnah Kalemera
With three years to the global deadline for shifting from analogue to digital broadcasting as set by the International Telecommunications Union (ITU), some African nations are falling worryingly behind schedule. Among countries such as South Africa, Kenya, Ghana, and Uganda, there are variations in implementation progress, policy frameworks, service cost and offerings, funding availability, and consumer awareness.
The region’s regulators in April met in Kampala, Uganda to promote cooperation and share experiences so as to make the June 17, 2015 deadline. Organised by ITU, the African Telecommunications Union (ATU) and Uganda’s telecommunications regulator, the ‘Workshop and Frequency Coordination Meeting on the Transition to Digital Terrestrial Television and the Digital Dividend’ was held April 16–20, 2012. Participants were drawn from at least 19 countries, and included government officials, regulators, broadcasters and mobile operators.
Abdoulkarim Soumaila, the ATU secretary general, said digital migration was vital to the enhancement of Information Communication Technology (ICT) in Africa because it would allow Africans to access quality radio, television, and broadband services.
Digital migration is the move from analogue to digital broadcasting. It provides for, among others, a variety of high quality audio and visual programmes, interactive services, supports new services such as high definition television, transmission of more content per channel, supports mobile/portable reception and ultimately releases frequency spectrum (“digital dividend”) for other uses, such as broadband provision after full switchover.
The transition requires the development of consumer devices known as set top boxes, and broadcasting and mobile telecommunication standards by key players. The key players are content providers, technical operators, signal distributors, and policy makers and regulators.
Country state of readiness reported at the workshop
Ghana
Ghana has more than 20 licensed terrestrial, satellite, and mobile broadcasters. The current analogue regime is faced with challenges of high industry management costs, poor infrastructure sharing and weak signal reception. Government and a digital broadcasting migration committee are spearheading the country’s strategy for transition to digital broadcasting. Working with other stakeholders, the committee is tasked with policy implementation, planning, budgeting, performance monitoring, and liaising with the public.
The proposed analogue switch off date is December 31, 2014. However, implementation is running four months behind schedule. Low public awareness, for one, could affect the uptake of services and lead to ‘panic’ in the run-up to the switch over deadline. There is also uncertainty about funding for implementation, and consumer incentives for the poor. Furthermore, no legal framework exists for analogue switch off.
Kenya
Migration started with government establishing, in 2007, a taskforce on digital migration hosted by the Communications Commission of Kenya (CCK). Soon after, a multi-stakeholder committee was set up to guide development of a migration plan.
The first broadcast signal distributor, Kenya Broadcasting Cooperation (KBC), was licensed in 2007 and its pilot digital broadcasting signal was launched in December 2009 in the capital Nairobi. KBC is expected to roll out digital services in eight other towns during 2012. A second broadcast signal distributor, Pan African Networks, was licensed in October 2011. It was expected to go on air in Nairobi in May 2012 and 12 other towns by the end of this year.
Consumer awareness campaigns on television and radio commenced in April 2012. With an original transition deadline date of June 2012, CCK anticipates 70% roll out coverage of the current viewing population by the end of 2012. Amongst the challenges faced are financial constraints – “the required funds are in direct competition with other government obligations such as emergency food supplies and the implementation of the new constitution,” said one government official. The lack of tax incentives or subsidies by government has also had an impact on consumer issues of set top box affordability and development of appropriate local content to populate the channels. The setting of a new transition deadline is subject to progress review at the end of this year.
South Africa
The South African Department of Communication gazetted the final Broadcasting Digital Migration Policy Amendment in February 2012. The set top box equipment standards are due to be finalised at the end of May 2012 and the first batch of boxes are to retail by September 2012. Digital services are due to be launched at the end of 2012 through to 2013. However, final analogue switch off – in line with the ITU resolution date – is yet to be announced. The precise date shall be determined in consultation with the cabinet and broadcasting industry.
The structure of South Africa’s proposed implementation plan is the division of the country’s provincial boundaries into “allotment areas” to allow for cost effectiveness and promote efficient and effective citizen uptake. The digital migration Policy Amendments has a provision for the establishment of the Digital Migration Office to project management of the transmission program.
Uganda
Uganda is faced with challenges similar to the other countries – funding, local content, affordability of set top boxes and lack of a regulatory framework. The government is yet to pronounce itself on a clear implementation plan. However, the work of the digital migration steering committee and digital taskforce in conjunction with the Uganda Communications Commission (UCC) is on-going.
The country has one licensed signal distributor, the Uganda Broadcasting Cooperation (UBC), and four pilot digital broadcasting projects are underway in three districts – Kampala, Jinja and Masaka. The projects are pay TV services with some free-to-air channels by firms not licensed as signal distributors. According to UCC, these investment firms will automatically qualify for signal distribution licensing in the near future.
Workshop recommendations

  • In order to achieve economies of scale and development of an African-wide market for digital television set-top boxes, hence minimum cost for this equipment, consideration be urgently given by African States to the possibility of harmonising the digital TV transmission and definition standard, at sub-regional or regional level.
  • The following timeline be adopted in order to meet the deadline specified by ITU for the cease of analogue transmissions. The dates indicated are the latest possible dates to meet this deadline and it is preferable that they be anticipated, where possible:
  1. December 2012: adoption of a common digital TV standard at sub-regional or regional level in Africa.
  2. June 2013: Finalisation of the establishment of national legislative and regulatory frameworks for the transition to digital TV and the allocation of the digital dividend.
  3. June 2013: End of frequency planning activities (national and international) for the deployment of digital TV and analogue switch off.
  4. September 2013: Start of deployment of digital TV.
  5. June 2014: start of analogue switch off in the UHF band.
  6. 17 June 2015 : end of analog switch off in the UHF band
  • African states make available all necessary human, structural and financial resources to ensure that the above dates are met.
  • Concerning the information to consumers on set-top boxes, it was recommended that member states implement labeling of equipment which are compliant with the standards adopted to ensure that consumers are not mislead into purchasing non-compliant equipment.