Internet Governance in Uganda

By Juliet Nanfuka |
The Uganda Internet Governance Forum (UIGF) has since 2006 been a platform for deliberation on internet governance concerns in the country. Debates at the annual forum have progressed from prioritising access and infrastructure to global trends in the internet governance agenda such as the need for increased advocacy of online freedoms, protection of vulnerable users – including children and women, intermediary liability, and net neutrality.
In 2006, when the UIGF was initiated, the government was embarking on the roll-out of the National Data Transmission Backbone Infrastructure and e-Government Infrastructure Project (NBI/EGI) to connect all major towns, Government Ministries, Departments and Agencies (MDAs) to the national optic cable grid. At the time, the Uganda Communications Commission reported just 175,568 active mobile internet users in the country.
As more Ugandan users came online, vulnerability to cyber crime and fraud were recognised,, which led to the government to enact the cyber security laws (Electronic Transactions Act, 2011, e-signatures Act 2011 and Computer Misuse Act, 2011) and the establishment of the Uganda Computer Emergency Response Team (CERT) in 2012.
By December 2014, the number of internet users in the country had grown to 8.5 million. Meanwhile, the NBI/EGI connected 27 ministries and departments, and 22 district headquarters through 1,400Kms of fibre optic cable. The infrastructure supports the integrated financial management system, video conferencing and secure messaging and collaboration platforms, among others.
To further address emerging internet governance issues, the government last December published the  draft Data Protection and Privacy Bill 2014 and solicited stakeholder comments through the Ministry of Justice and Constitutional Affairs and the National Information Technology Authority, Uganda (NITA-U).
Also in 2014, the International Telecommunications Union (ITU)’s global cyber security index listed Uganda as second in Africa after Mauritius in adopting and driving polices that support cyber security.
The 8th national Internet Governance Forum hosted in Kampala in December 2014 drew participants from civil society, academia, private sector and government. The event also served as the launch of the Global Information Society (GIS) Watch 2014 Uganda report.
Issues discussed were internet affordability and increased access, the management of the .ug country code Top Level Domain (ccTLD), cyber security management, the transition stewardship of the Internet Assigned Numbers Authority (IANA) and the status of Internet Protocol version 4 (IPv4) transition to  IPv6 in Uganda.
During the panel on “Cyber security versus data protection and privacy”, Jimmy Haguma, Acting Commissioner/Electronic Counter Measures of the Uganda Police Force (UPF), said the police have to protect the interests of national security as well as of users online from fraudulent activity.

According to the Uganda Police Annual Crime and Road Safety Report of 2013, a total of 45 cyber crime cases were reported and investigated, in which about 18.1 billion Uganda Shillings (UGX) equivalent to USD 579,000 –  was lost through hacking victims’ mails, among other means. Between August and November 2014, mobile money fraud resulted in losses of UGX 207 million (USD 80,000) while, ATM fraud led to losses totaling over UGX 1.2 billion (USD 460,000)’.

Participants responded that while security is a legitimate concern, it should not be used to curtail human rights.  They highlighted contradictory clauses in the cyber laws and other legislation that infringe upon privacy, as well as citizens right to freedom of expression online, particularly by groups such as the media and human rights activists.
Specific emphasis was placed on the issue of violence against women online and a call was made to adopt and implement gender-friendly ICT laws. Participants noted that women have fallen victim to misuse of the very laws that are meant to protect them, as was witnessed in the case of local artist Desire Luzinda whose nude images were shared online and as a result was faced with potential charges under the Anti-Pornography Act of 2014.
Intermediary liability and net neutrality were also fronted as significant issues to address given their impact on local content, free speech, and online economic opportunities.
Meanwhile, participants were urged by panelists to contribute to local and global internet governance discussions, so as to maintain multi-stakeholderism on the matter and to promote the African stake in the debates.
As the UIGF continues to mature into a platform for deliberating on internet development in the country, areas that need more attention include: development of relevant local online content, child online protection, increased stakeholder engagement in the development of progressive laws and policies as well as their speedy enactment.
UIGF 2014 was hosted by Internet Society (ISOC) Uganda in partnership with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) under the theme ‘Strengthening Uganda’s Critical Internet Resources’. As part of its work in research, advocacy, and awareness raising on how internet governance impacts on development and governance, CIPESA is currently implementing the OpenNet Africa project, which monitors and promotes internet freedoms primarily in East Africa.
 
 

What does the future hold for the Internet Governance Forum?

By Juliet N. Nanfuka
As the dust settles following the ninth Internet Governance Forum (IGF) which was held in Istanbul, Turkey between 2 and 5 September, many questions remain lurking. The biggest being whether the IGF has made a strong enough case for its continued existence. The IGF currently has a mandate that takes it until 2015. The United Nations (UN) General Assembly is due to take a decision about its renewal at the beginning of December 2014.

Lillian Nalwoga (third from left), Policy Officer at CIPESA makes a comment during a panel session at the 9th IGF in Istanbul, Turkey.
Lillian Nalwoga (third from left), Policy Officer at CIPESA makes a comment during a panel session at the 9th IGF in Istanbul, Turkey.

In keeping with the IGF’s core principle of multi-stakeholder engagement, the 9th Internet Governance Forum brought together an assortment of internet policy stakeholders including multinational organisations, state representatives, civil society and internet enthusiasts. The theme of this year’s IGF was “Connecting Continents for Enhanced Multi stakeholder Internet Governance” and was explored through the lens of net neutrality, multilingualism, youth and social media, gender, policy development, stakeholder roles and other related issues.
In a series of workshops, book launches and open sessions, internet policies were discussed and how they relate and impact upon society, development, business, governance and democracy. While there was agreement on some issues, divergence remained when it came to discussions on where monetising the internet clashed with big data, privacy, surveillance, intermediary liability and net neutrality.
This year’s meeting saw over 3,000 delegates from across the world convene in a country currently battling with some of the controversial internet related issues such as surveillance, censorship, privacy and data protection under discussion at the IGF. According to the 2013 Freedom on the Net report, nearly 30,000 websites and social media accounts are blocked in Turkey for social or political reasons. But Turkish bureaucrats deftly skirted these issues in their opening and closing speeches. While mention was made of the state of Turkish internet freedom by delegates, it mostly remained a rumbling in the underbelly of the meeting. However, some light on Turkey’s internet freedom status was heavily discussed at the Internet Ungovernance Forum organised by Turkish civil society organisations to protest the country’s hosting of the meeting given their government’s internet rights violations record.
For many participants, NetMundial was still a key talking point and formed the basis of some of the IGF’s discussions including promoting multilingualism, collaborative multi-stakeholder models, gender and internet rights, minority rights online, child online protection, privacy and surveillance and developing relevant local content. NetMundial demonstrated that multi-stakeholderism is possible and consensus can be drawn even on the most contentious internet governance topics (see NetMundial statement).

NetMundial sought to deliberate on the Future of Internet Governance by crafting Internet governance principles and proposing a roadmap for the further evolution of the Internet governance ecosystem.

Even though the IGF has for the past nine years provided a platform for the debate and deliberation on the very issues that NetMundial dealt with, there have been limited discernible outcomes and impact measurements due to the nature and complexity of internet governance and its actors.
However, much like the constantly transforming internet, the IGF will have to re-asses its financial sustainability model to ensure its survival and position itself as a driver of best practices on internet governance. Part of this includes the production of outcome documents such as policy recommendations for voluntary adoption – a suggestion put forward by the European Commission – a key funder of the IGF. Such actions could help shake off the ‘talk shop’ cloak that has shadowed the IGF and position it as a platform for deliberation on global internet governance concerns with more discernible outcomes.
The Tenth IGF is scheduled to take place in João Pessoa, Brazil on 10 to 13 November 2015.

CIPESA's Reflections on the Third Africa Internet Governance Forum, 2014

By Lillian Nalwoga.
With the internet projected to reach almost 20 per cent of the Africa population in 2014, it becomes important to discuss modalities under which it should remain an open and reliable tool for development. It is with this background that Africa Internet stakeholders gathered in Abuja, Nigeria, July 10 -14, 2014 to deliberate on key internet governance issues affecting the continent. The main theme for this year’s meeting was “connecting continents for enhanced multi-stakeholder internet governance.”

Online Privacy and Security: The Debate And The Dilemma

By Ashnah Kalemera
The issue of internet users’ privacy and security has been widely debated since the Edward Snowden revelations last June put a magnifying glass on the extremes that some governments, such as the U.S., are prepared to go to in the fight against terrorism and cybercrime.
To-date, debate rages on amongst human rights activists, government, media, academia and the private sector on the effects of surveillance on internet freedoms. It is also becoming apparent that some developing countries are also taking to surveillance of their citizens’ communications.
These discussions continued at this year’s Stockholm Internet Forum (SIF), themed “Internet: privacy, transparency, surveillance and control”. The annual forum hosted by the Swedish Ministry for Foreign Affairs in partnership with the country’s Internet Infrastructure Foundation (.se) and the Swedish Development Cooperation Agency (Sida), took place in Stockholm, Sweden, May 27–28, 2014.
In her opening address, Anna-Karin Hatt, Sweden’s Minister for Information Technology, said there would be grave consequences to basic human rights if states across the world continued to undertake unrestricted surveillance.
“During the last year, we have had more than one reason to discuss the behaviour between states and the behaviour of states within their borders,” she said. “The most valuable lesson has been that all surveillance must be subjected to strict limitations.” She added that “no system of surveillance must be justified because it is technologically possible.”
Rather, where legitimate cause exists, “surveillance must be proportional to the benefits it brings to citizens in terms of reduction in crime and improved security”. Furthermore, she argued, it must be based on transparent laws that are adopted through democratic processes.
She also noted that the last year had seen many multi-stakeholder meetings and processes on the matter. These included the 2013 global Internet Governance Forum, NetMundial, the Freedom Online Coalition, and the 2014 Cyber Dialogue. However, she added, it was still important to continue these discussions with participation from a broad range of state and non-state stakeholders in order to reach a consensus.
According to the International Telecommunications Union (ITU), only 19% of Africans use the internet compared to 75% (Europe), 32% (Asia) and 65% (the Americas). Africa also has the lowest mobile phone penetration rates. Low literacy levels, high cost of accessing and owning ICT, acute shortages of electricity, gender inequalities and a shortage of skilled human resources have contributed to the continent’s low ICT use. Even with this limited access, internet use is further impeded by government policies and practices that threaten internet freedom.
While African governments may not be blatantly or capably conducting surveillance on the scale of the National Security Agency (NSA) in the U.S., in recent years they have not shied away from requesting for social media users’ information and seeking content take downs. This is a reflection of the growing interest in what citizens are doing online.
According to the recently published State of Internet Freedom in East Africa report, national constitutions and a number of legislations on the continent provide for freedoms of expression, assembly, privacy and access to information. However, various recently enacted laws take away from citizens’ enjoyment of these freedoms in the online space.
James A. Lewis, director and senior fellow at the American Centre for Strategic and International Studies, asserted that post-Snowden, the debate had shifted from freedom of expression to privacy versus security. The latter were not guaranteed on the internet. “I have never seen a government that does not conduct surveillance on its own citizens. The challenge is extending sovereignty without sacrificing human rights,” he said.
But what is the perception in the developing world where it is estimated that the next billion internet users will come from? Should Africa prioritise access over security? Alison Gillwald, executive director of Research ICT Africa, noted that many people on the continent are more concerned about getting access to the internet and less so their privacy online.
Meanwhile, emerging threats from terrorist and militia groups in Africa seem to have influenced the way some governments perceive internet freedom. In Nigeria, Gbenga Sesan noted that the abduction of 300 schoolgirls by a Muslim extremist group had re-enforced state surveillances measures. “The government is using such incidents to justify ‘rule of law’: ‘if we should provide you with more security, we need to access your privacy’,” said Mr. Sesan.
Perhaps, as Eileen Donahue, Director of Global Affairs at Human Rights Watch pointed out, even with continued discussion and research on the matter, “we may not be able to figure out how to proactively reconcile the internet and human rights.”