Promoting Effective and Inclusive ICT Policy in Africa

Category Archives: Internet Governance

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11Apr

Ethiopia’s Digital Rights Record on the Spot at May 2019 Universal Peer Review

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By Ashnah Kalemera |
Despite the promises and efforts made by Ethiopia’s new Prime Minister, Abiy Ahmed Ali, to transform the country after years of political repression and state control of major forms of media, the country is yet to experience substantive change in the state of digital rights.
Restrictions to freedom of expression, privacy, and access to information remain in force including through legislation such as the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the Telecom Fraud Offences law (2012). While the establishment of the Advisory Law Reforms Committee, with a mandate to review existing laws to bring them in line with human rights standards, is a welcome development, pledges to reform problematic legislation are yet to be delivered.
Meanwhile, since November 2015, the Ethiopian government has consistently blocked and initiated national or regional shutdowns during public protest and exams, on grounds of national security. Whereas access to affected regions was restored during reforms in early 2018, there were reports of a shutdown in the eastern part of country in August 2018.   
At its upcoming Universal Periodic Review (UPR) by the Human Rights Council scheduled for May 14, 2019, Ethiopia should be tasked to implement reforms that fundamentally promote and protect citizens’ rights both online and offline.

What is the UPR? It’s a full assessment of a country’s human rights. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

Such reforms should include the amendment of the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the 2012 Telecom Fraud Offences law to bring them in line with international human rights instruments on freedom of expression. Further, changes should be implemented to curb state surveillance of citizens, including by introducing independent judicial oversight over interception of communications.
In this UPR advocacy brief, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and Small Media analyse the state of freedom of expression, freedom of information, the right to equal access and opportunity, as well as data protection and privacy developments in Ethiopia since the previous UPR review in April 2014. We make recommendations for consideration by UN member states at the upcoming review of Ethiopia.
See the full brief. 

05Apr

Stakeholder Submission to the UN Human Rights Council on Digital Rights in The Gambia

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By Ashnah Kalemera |
In November 2019, The Gambia will be coming up for its third cycle review under the United Nations Universal Periodic Review (UPR) mechanism. Former President Yahya Jammeh, before his ouster in 2017, was renowned for his utter disregard for constitutional rights, once stating publicly that he would “not compromise or sacrifice the peace, security, stability, dignity, and the well-being of Gambians for the sake of freedom of expression.”
However, since the new administration of Adama Barrow took office in January 2017, the government has made public its intention to review and revise the current regulatory framework for press freedom and freedom of expression. Indeed, in June 2017, the new Attorney General and Justice Minister Abubacarr Tambadou conceded at the Constitutional Court that the charge of “sedition” under a law that had been frequently used to silence journalists and critics under the former regime was unconstitutional.
Later in February 2018, the Economic Community of West African States (ECOWAS) Community Court ruled that Gambian authorities should repeal sections of the Criminal Code on libel (Sections 178 & 179), sedition (Sections 51& 52), false news (Sections 59 & 181) and false publication on the internet (Section 173). Following this ruling, the government of The Gambia indicated its intention to “honour” the judgement after review by the Ministry of Justice and other relevant authorities.
As The Gambia’s online user base increases, it becomes increasingly important for UPR recommendations at the upcoming review to reflect explicitly the need for the rights to freedom of opinion and expression, and to privacy to be protected online as well as offline, in line with the state’s obligations under Articles 17 and 19 of the International Covenant on Civil and Political Rights (ICCPR).

What is the UPR?  It’ is a full assessment of a country’s human rights. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

As part of the Internet Freedom in Africa and UPR project, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Small Media, The Gambia Press Union, Give1 Project Gambia and the YMCA Computer Training Centre, and Digital Studio have made a joint stakeholder submission on digital rights in The Gambia. The submission focuses on freedom of expression, freedom of information, right to equal access and opportunity, as well as data protection and privacy. It explores relevant developments since the previous UPR review in October 2014 and makes the following recommendations:

  • In compliance with international standards, as well as the rulings of the Supreme Court and the ECOWAS Community Court, repeal provisions violating freedom of expression under the Criminal Code (2014) and the Information and Communication Act (2013).
  • Repeal in its entirety the Official Secrets (Amendment) Act 2008 and enact and implement a right to information law.
  • Hasten efforts to provide equal access to technology and communications to all citizens, including disadvantaged and marginalised groups of the population, by removing barriers to access and improving affordability, as well as expanding infrastructure and desisting from internet disruptions.
  • Reform the legislation on personal data protection and privacy in order to provide safeguards on the use of personal data and to protect the right to privacy online.

See the full submission.
 

27Feb

CIPESA Submits Comments to Uganda Communications Commission on Improving Access to ICT for Persons With Disabilities

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By Daniel Mwesigwa |

Last year, Uganda’s communications regulator commissioned a study to establish the status of access and usage of Information and Communications Technology (ICT) by Persons With Disabilities (PWDs). In response to a call for comments, CIPESA made submissions to the commission, which could help various government agencies to devise strategies that meaningfully improve usage of digital technologies by PWDs.

According to Uganda’s statistics bureau, persons with disabilities comprise 16% of the country’s population of 37.5 million. However, they face various limitations in accessing and using ICT tools and services. The draft report of the study commissioned by the Uganda Communications Commission (UCC) shows that national ownership of a radio and a mobile phone among PWDs was high at 70% and 69% respectively. Ownership of fixed-line telephones, desktop computers and laptops was very low at 0.5%, 1% and 3.9% respectively. However, 15% of respondents’ households had access to the internet.

Below are highlights from CIPESA’s submission:

1. Disaggregate results by type of disability

While the report highlights respondents’ type of disability (61% had a physical disability, 31% were visually impaired, and 2% had a hearing impairment), it does not show how the nature of disability affects access and usage of ICT. Persons with disabilities are not a homogeneous group and the nature of disability influences how they may perceive, be able to access and to use ICT. It may not be possible therefore to address the distinct needs of different categories of PWDs if data is not disaggregated by type of disability – as indeed it should be disaggregated based on gender, location, income, among other demographics.

2. Comparative analysis of data

The report provides ICT access and usage figures for PWDs (e.g. 69.4% mobile phone ownership; 3.9% had laptop computers and 1% desktop computers; 15% of households had access to the internet). However, these numbers need to be presented and analysed alongside overall national statistics on access and usage if they are to offer direction on the remedial actions needed.

3. Taxes deepening exclusion

Only 14% of respondents had access to a bank account compared to 86% that accessed financial services through other mechanisms such as mobile money, and village savings and loan associations. One third (33%) had access to mobile money, which is lower than the national average of 55%. Further, 41% of the respondents lacked access to any form of financial services, compared to the national average of 22% that is financially excluded.

Worryingly, majority of PWDs (66%) said their use of social media had reduced with the introduction last July of the Over The Top (OTT) tax, while 26% said they were no longer using social media. Only 8% had not changed their usage levels. According to the report, 52% of PWDs access social media on their phones, while 12% access it on their computers.

As CIPESA has previously found, OTT platforms and mobile money networks had considerably eased the lives of PWDs. For example, platforms like WhatsApp were used to disseminate critical information among individuals with hearing impairment before the added cost of using social media rendered them unaffordable to many, who already faced challenges in finding employment and often relied on financial support from others. For UCC and other relevant Uganda Government institutions, these findings should not be taken lightly and should inform policy in this area.

4. Awareness and usage of assistive technologies

Assistive technologies are products, devices, or equipment, used to maintain, increase, or improve the functional capabilities of individuals with disabilities. A very concerning finding in the Report is that 76% of PWDs were not aware of the low-cost Assistive Technologies like manual Perkins Brailler, hand-held magnifiers, hand frames/slates and communication boards. Only 14% of respondents were aware of the Perkins Brailler yet its usage was low at 4%. Just 13% of the respondents were aware of magnifiers yet only 2% used them. Issues of awareness of these technologies, their cost and availability, are apparent. The UCC should offer subsidies for assistive technologies through the universal service access fund, the Rural Communications Development Fund (RCDF).

5. Privacy and data protection

The right to privacy is a core entitlement for every individual under article 27 of the Uganda Constitution. The Persons With Disabilities Act, 2006, section 35 protects PWDs from arbitrary or unlawful interference with their privacy. However, the report does not assess PWDs awareness of their privacy rights or data security skills. Such an assessment is necessary to inform remedies including on capacity development.

6. Public and private sector compliance

Consistent with international conventions and instruments such as the UN Convention on the Rights of Persons with Disabilities (CRPD) and the Sustainable Development Goals (SDGs), as well as domestic laws such as the national constitution, Persons With Disabilities Act 2006, and the National IT and Disability Policy, the emphasis on inclusion and non-discrimination for PWDs cannot be overlooked if the country is to attain her development goals.

As the government works towards implementing the ICT and Disability Policy, the emphasis on Website Accessibility Guidelines (WAG) can be fast-tracked by auditing compliance with the 2014 ‘Guidelines for Development and Management of Government Websites’ which were developed by the National Information Technology Authority Uganda (NITA-U). Entities that do not comply with universal accessibility standards should be sanctioned.

Further, the Equal Opportunities Commission, working with other relevant entities, should require government ministries, departments and agencies (MDAs) and private enterprises which offer public services to prepare annual statements in which they report on how they have worked towards increasing accessibility and inclusiveness for PWDs.

The full submission can be read here.

06Aug

The Reforms Ethiopia Needs to Advance Internet Freedom

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Policy Brief |
Since April 2018, the new Ethiopian government has been undertaking unprecedented political and economic reforms. This follows countrywide protests that forced the former Prime Minister Hailemariam Dessalegn to resign in February 2018, leading to the appointment of a young and charismatic new premier, Abiye Ahmed two months later. Since then, the government has freed thousands of prisoners; announced measures to liberalise the telecom, aviation, and transportation sectors; and dropped charges against many opposition leaders, bloggers, and activists. Further, the new administration has lifted the state of emergency that had been reinstated in February 2018, reconnected mobile and broadband internet services that were cut off since 2016, and unblocked 246 websites, blogs, and news sites that have been inaccessible for over a decade.
These changes in Ethiopia did not come at a whim. The protests that started in November 2015 in the Oromia region spread to other parts of the country. In response to these protests, the previous government continuously blocked social media sites and implemented national and regional internet blackouts, often claiming it aimed to safeguard national security or to stem cheating during national exams. Consequently, the Oromia region lost internet connectivity for two weeks in March 2018, three weeks before the new prime minister was sworn in. Moreover, as access to the internet deteriorated in the country, the government criminalised freedom of expression online and offline. The arbitrary arrests, detention, and torture of members of the Zone Nine bloggers collective showed how far the government was willing to go to suppress dissenting voices.
The new Prime Minister and his cabinet have promised to open the democratic space in the country and expand freedom of expression online and offline. However, these reforms should go beyond the unblocking of a few hundred websites; they should bring in real changes that will make it impossible to regress to old habits. Therefore, reforms to be implemented must expand internet penetration from the current 15%, to the larger offline majority. Laws that prosecute freedom of expression online and offline like the Anti-Terrorism Proclamation and Computer Crime Proclamation must undergo substantial revisions to meet international standards. Further, the changes within the law enforcement and intelligence agencies should go beyond replacing old officials with new ones, but must tame the undue power given to these bodies to conduct unwarranted surveillance and censorship of netizens. Lastly, the new government should desist from internet shutdowns and censorship.
See this brief titled The Reforms Ethiopia Needs to Advance Internet Freedom which gives a detailed description of prevailing challenges to internet freedom in Ethiopia and proposed reforms the Ethiopian government needs to undertake to improve internet freedom in the country.

06Aug

Challenges and Prospects of the General Data Protection Regulation (GDPR) in Africa

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Policy Brief |
Privacy is a fundamental human right guaranteed by international human rights instruments including the Universal Declaration of Human Rights in its article 12 and the International Covenant on Civil and Political Rights, in its article 17. Further, these provisions have been embedded in different jurisdictions in national constitutions and in acts of Parliament.
In Africa, regional bodies have invested efforts in ensuring that data protection and privacy are prioritised by Member States. For instance, in 2014 the African Union (AU) adopted the Convention on Cybersecurity and Personal Data Protection. In 2010, the Southern African Development Community (SADC) developed a model law on data protection which it adopted in 2013. Also in 2010, the Economic Community of West African States (ECOWAS) adopted the Supplementary Act A/SA.1/01/10 on Personal Data Protection Within ECOWAS. The East African Community, in 2008, developed a Framework for Cyberlaws. Notwithstanding these efforts, many countries on the continent are still grappling with enacting specific legislation to regulate the collection, control and processing of individuals’ data.
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into effect. The GDPR is likely to force African countries, especially those with strong trade ties to the EU, to prioritise data privacy and to more decisively meet their duties and obligations to ensure compliance.
See this brief on the Challenges and Prospects of the General Data Protection Regulation (GDPR) in Africa, where we explore the consequences of GDPR for African states and business entities.

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