News Archives – Page 30 of 105 – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

12Oct

FIFAfrica21: Africa Must be Assertive in International Cybercrime Negotiations

CIPESA October 12, 2021

By Apolo Kakaire |

Local nuances, technology neutrality and cross-border cooperation should be at the heart of multi-stakeholder negotiations by African states as part of the United Nations (UN) process on elaborating an international convention on cybercrime. This is according to experts who brainstormed on how African stakeholders can contribute to the planned negotiations, and the role African civil society organisations can play in this process.

Speaking at a session on Africa and the Future of International Cybercrime Cooperation as part of the eighth edition of the Forum on Internet Freedom in Africa (FIFAfrica), Dr. Katherine Getao, the Chief Executive Officer of the Information and Communication Technology Authority of Kenya, stated that African countries have grown some capacity and are better equipped to negotiate in international norm-setting fora. However, she urged states not to “just send lawyers and diplomats” but assemble balanced teams including technical experts that enrich the negotiations.

According to Dr. Getao, while contexts vary between the different countries on the continent, given the complexity of cybercrime, it is imperative that African countries strategically focus on what works for their countries to ensure clarity on priorities. Moreover, she called for a local process to coordinate participation in the international process but also to ensure eventual implementation of the agreed conventions.

George-Maria Tyendezwa, the Africa Group Vice Chair of the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes, urged African countries to engage with the negotiations “irrespective of their installed capacity”. Since countries are at different levels of growth in the area of cybercrime, cooperation would enable continued peer learning.

Globally, Ransomware attacks have surged drastically with damage estimated to hit USD 6 trillion in 2021. Such attacks and other cybercrimes affect all countries, but in Africa, weak network infrastructure security especially within financial institutions, governments, and e-commerce companies makes countries especially vulnerable. In March 2021 Interpol established the African Joint Operation Against Cybercrime (AFJOC), a project to drive intelligence-led, coordinated actions against cybercrime and its perpetrators in African member countries.

Speakers at the FIFAfrica21 session acknowledged that the African cybercrimes landscape presents unique challenges related to detection and investigations, and poor technical capacity among law enforcement officials to retrieve evidence to support criminal prosecution. Given the transnational nature of cybercrime, international cooperation at infrastructure level is key in the recovery of evidence to prosecute perpetrators.

However, the regulatory framework for international cooperation on cybercrime remains weak and fraught with lack of commitment. For instance, while the Budapest Convention is 20 years old, only 66 countries have ratified it across the world. Similarly, the Malabo Convention whose implementation in Africa requires 15 ratifications has only registered eight so far.

Citing the example of the cost of cybercrime in Africa, which in comparison to other economies and the monetary threshold of cybercrime under international law may seem paltry, Michael Ilishebo, a Digital Forensic Analyst and Cyber Crime Investigator with the Zambia Police Service, emphasised that the legal framework governing cybercrime on the continent should be home- grown and resonate with the region’s crime patterns. To strengthen their bargaining power during negotiations, however, African states need to develop national and regional positions and synchronise these with the UN ad hoc committee. “We should have a consensus on [the] Malabo [Convention] before we start talking about Budapest. We should first ensure that African cyberspace is safe before we rush to the UN,” said Ilishebo.

For her part, Tatiana Tropina from Leiden University said negotiations should ensure that frameworks are technology neutral so as to deal with emerging unanticipated aspects. By defining illegal conduct irrespective of the medium, technology neutral legislation would give some certainty to criminal justice. “When the instrument at the global level says this is what should be stopped, this should trigger domestication which can vary in as much as it does not violate the agreed principles,” said Tropina.

On the multi-faceted approach to tackling cybercrime, Dr. Getao emphasised that focus should not only be on individual perpetrators but also technology service providers who expose consumers to crimes. “There are civil and criminal aspects that should be taken into account,” she said. As such, a truly global solution must be developed in a participatory way, balancing law enforcement, foreign policy and human rights interests.

Among the suggested ways to achieve the balance was consensus on key principles, clarity that emerging concerns resonate with existing principles, and human rights due diligence as part of the processes. “Vulnerable communities take the main brunt of cybercrime and this must be taken into consideration as duties of states to guarantee non-discrimination, fair trial, respect for human rights law, access to information and to legal attorney,” said Klara Jordan, the Chief Public Policy Officer of the Cyber Peace Institute. The Institute has recently launched a Multi-stakeholder Manifesto as a guide ahead of treaty negotiations at the UN.

Ultimately, cybercrime should be considered beyond law enforcement and include the perspectives of civil society who also have a role to play in the implementation of conventions and yet also happen to be victims. “Civil society and individuals being part of the solution is very key and governments must open up,” said Jordan.

27Sep

Africa Law Tech Festival 2021: CIPESA Underscores Strategies to Cutting Through Common Emerging Barriers To Access To Justice Despite the Covid-19 Pandemic

CIPESA September 27, 2021February 11, 2023

By the Lawyers hub |

At the onset of the COVID-19 pandemic, governments across Africa implemented measures to curb the spread of the virus that greatly disrupted judicial processes, slowing down access to justice. Such measures include suspension of all in- person court activities like mentions, hearings and appeals as well as execution of court judgements. Gradually, courts looked to adopting technological measures to aid in the delivery of justice; measures which despite the noble intentions, had to be grounded in law.

These developments informed the Collaboration on International ICT Policy for East and Southern Africa (CIPESA)’s masterclass at the second edition of the Africa Law Tech Festival, a five-day annual conference that convenes different stakeholders in Africa to deliberate on digital policy issues. In line with this year’s theme, ‘Digital Policy for Economic Growth’, the class explored The Role of Lawyers and Courts digital access to Justice amidst the Covid 19 Pandemic. CIPESA affirmed that for many African countries, the basis for e-justice can be founded on the supreme law- the Constitution. In July 2020, the Supreme Court of Nigeria ruled in favour of virtual courts and dismissed suits by Lagos and Ekiti States in which they sought to have virtual courts declared unconstitutional and null and void.

Since the emergence of COVID-19, the African Judicial system has greatly changed. Courts have developed guidelines and practice notes for development of virtual courts and adopted online case management systems. As at December 2020, at least 20 African states had adopted e-filing and e-service and incorporated virtual hearings. Despite these successes, there are various challenges inhibiting the growth and adoption of virtual courts in Africa including:

The costs of acquisition of hardware and software needed for virtual courts. Africa has the lowest internet penetration rate caused by high cost of services and connectivity devices. In 2020, the Alliance for Affordable Internet reported that Africa had the least affordable smart devices globally costing about 62.8% of individual monthly income. Unaffordable devices raise the cost of connectivity for most Africans, pushing many offline. Conversely, those offline are not able to effectively utilize and participate in virtual courts, thus limiting access to justice. In Uganda, the judiciary obtained support from the UNDP to purchase zoom licenses. In Kenya, the judiciary partnered with the Ministry of ICT to acquire licenses for teleconferencing facilities and technical officers to provide support in respective court stations.

Africa’s increasing digital divide has further degenerated access to justice. The International Telecommunication Union reports that Africa has the lowest percentage of persons using the internet globally. Moreover, urban areas have twice as much home internet access than rural areas. Despite having internet access, the reliability may be affected by constant power outages. Other justice actors like prisons would also need to be meaningfully connected. Previous efforts to implement the e-filling system and virtual courts by the judiciary in Kenya were slowed down due to lack of digital infrastructure and unreliable electricity in courts. As the adoption of virtual courts becomes widespread, it is crucial to ensure accessibility for all by addressing issues of digital infrastructure, device and broadband affordability otherwise justice would be discriminatory and a violation of their right to access to justice.

Law and policies regulating the internet are not favourable. For instance, taxation of the internet leads to high data costs which in most cases aggravates digital exclusion. In 2021, Uganda replaced the unpopular social media tax of 200 shillings (USD 0.02) by introducing a 12% excise duty on the internet. In 2018 Zambia introduced a daily tax of USD 0.03 on internet voice calls following research that 80% of the citizens were using internet voice calls like WhatsApp, Skype and Viber. Recently, Kenya raised excise duty on internet services by from 15% to 20% further raising the cost of internet. Such tax raises the cost of the internet, decreasing affordability for most citizens. Limitation on access and usage stifles innovation and ultimately access to justice as litigants would also be required to meet these high costs whether directly or indirectly.

While digital security is important for a safe digital space, there has been a rise in cybercrimes during the COVID-19 pandemic. This includes malware that was previously dormant. The Communication Authority of Kenya reported a 152.9% increase in cybercrimes during the pandemic as cyber criminals exploit vulnerable computer systems. With recent cyberattacks in Uganda’s financial system as well as South Africa’s healthcare, there is concern over capacity to deal with cyberattacks given the sensitivity of judicial proceedings. Cyberattacks and crime are usually associated with a chilling effect on the use of digital platforms.

Meanwhile lack of the required digital skills pose a challenge to use of ICTs. While the goal remains to leave no one in Africa offline, African participation may be hindered by lack of digital skills. According to a study by the International Finance Corporation, by 2030, over 200 million jobs in Africa will require digital skills. This means that Africans should strive to have the basic skills required that allows for full participation in virtual court system such as the filing of documents or attendance of virtual hearings. This is especially so in critical times like the pandemic where isolation could cause one to be away from those with the digital skills.

From the aforementioned highlights, it is necessary to undertake practice measures that harness access and use of technology for justice. This would in turn lead to maximization of the benefits of e-justice. Similarly, governments should undertake a favourable licensing policy and legal frameworks that encourage investment and connectivity in ICTs.

27Sep

Africa Law Tech Festival 2021: CIPESA Demystifies the Role Of Lawyers And Courts In Ensuring Digital Access To Justice Amidst The Covid-19 Pandemic

CIPESA September 27, 2021February 11, 2023

By the Lawyers hub |

The Collaboration on International ICT Policy for Eastern and Southern Africa (CIPESA) administered a masterclass at the Africa Law Tech Festival 2021, which is hosted yearly by the Lawyers Hub. The CIPESA team was represented by Edrine Wanyama and Prof. Anthony Kakooza, who discoursed the effects of COVID-19 on the Justice sector. The session interrogated the various responses by different African States; the challenges faced, and possible recommendations to ensure timely access to justice for all, amidst the pandemic.

While lawyers and courts, including court officials, play an important role in facilitating access to justice, COVID-19 and the ardent restrictions that came with it, fundamentally affected this role. Courts could no longer be physically accessed; clients could not fulfill their obligations and witnesses could not undertake their roles. In the circumstances, technology-based alternatives for enhanced access to justice have emerged.

Over the past year there have been multiple opportunities and initiatives for innovation in the justice sector in Africa. Edrine Wanyama began by pointing out that the advent of COVID-19 has seen a shift from the traditional approaches of administering justice to E-Justice approaches which do not necessarily require physical interface and meetings.

In Kenya, the courts were quick to embrace the use of digital technology with the Practice Directions on Electronic Case Management being gazetted as early as 24th March 2020.[1] The electronic case management system’s interface allows lawyers, law firms and individuals to register through the e-filing portal on the Judiciary website or through e-citizen portal while also allowing judicial officers access to court documents and issue rulings through the portal or email. The use of video and audio conferencing through virtual platforms such as Zoom or Skype has also been integrated into the system.[2]

Nigeria’s National Judicial Council (NJC)[3] issued Guidelines for Court Sittings and Related Matters in COVID19 Period to guide the courts in implementing remote justice systems, amongst other COVID-19 related measures. Rwanda’s judiciary also outlined an Integrated Electronic Case Management System. The Online Cases Division clearly outlines the purpose of the Integrated Electronic Case Management System, benefits, account creation, case filing and follow up, a self-service user manual and video recording on how to access the system.[4].

Prof. Kakooza further delved into the various tech-innovations which have been motivated by COVID-19 to promote access to justice despite the associated challenges. The professor stated that the use of online court systems and videoconferencing to hear and determine cases had narrowed the gap between the courts and the affected individuals who no longer have to travel to courtrooms to have their matters heard. Further, the use of Online Records Management systems has made the process more efficient and accelerated the adjudication of matters and rendering of judgments via email. This has thus cut down on the case backlog and undoubtedly promoted access to justice.

However, the adoption of tech facilitated justice has not come without its challenges. In Kenya, for instance, most people do not have access to the internet and neither are they familiar with the technology in use by the courts.[5] As of January 2021, only a mere 26% of the Ugandan population used the internet[6] and as a majority of the country was unable to access the internet and geographical discrepancies forced courts to transfer cases to those capable of facilitating smooth video conferencing facilities.

While video conferencing has acted as a substitute for physical court appearances, the assessment of non-verbal cues such the defendants’ emotions and eye movements to gauge credibility is limited when compared to physical court appearance.[7] Additionally, virtual court appearances do not allow for proper detection of signs of torture and ill-treatment of accused persons and may also potentially skew the criminal justice system against persons deprived of freedom as they may feel intimidated and lack confidence when they are not able to physically appear before a judge. This would ultimately lead to a breakdown in the justice process and negatively contribute to access to justice across the region.

Furthermore, due to the digital divide and increased exclusion, access to justice for certain groups has not been possible. Exclusion on the continent is facilitated by factors such as high internet costs,[8] not being able to afford the right technology like a laptop or smartphone, lack of access to information or communication and weak ICT infrastructure[9]. Additionally, unreliable internet connectivity and provision is prevalent in remote localities, resulting in virtual courts being out of reach for rural and marginalized communities in Africa.[10]

In addition to the fore highlighted challenges, data protection and privacy has become a major concern for tech users across the continent with laws falling short of robust protection standards such as for Botswana,[11] Kenya[12], Lesotho[13], Nigeria,[14] Rwanda,[15] Uganda,[16] and Zambia[17] among others. For instance, there are data security concerns which potentially stem from the use of virtual courtrooms, digital storage of case records and the protection of personal information relating to litigants and witnesses and the evidence they provide in the courtroom.

In spite of the challenges that come with access to justice in the advent of the COVID-19 pandemic, the need to build a versatile technological adaptation and resilience of our judicial systems is critical for the promotion of access to justice on the Continent. The embrace of technology is indeed the path towards a digital legal ecosystem. It is also one that will require proactivity from all the stakeholders involved and the strengthening of cross-border interactions that support access to justice in Africa. The adoption of policies that contribute to lower internet costs, and embrace as well as facilitate the use of technology across the internet is indeed no less a venture to embark on. Public private partnerships and the integration of uniform e-justice systems across the Continent also require similar attention if the desired justice system is to be realized.

You can find the session’s recording here.

24Sep

FIFAfrica21: Tackling Cybersecurity on the African continent

CIPESA Writer September 24, 2021

FIFAfrica21 |

EU Cyber Direct will on September 29, 2021 convene a session on Africa and the Future of International Cybercrime Cooperation as part of the eighth edition of the Forum on Internet Freedom in Africa (FIFAfrica).

According to the Africa Center, African governments face a fast-evolving array of digital threats including espionage, critical infrastructure sabotage and organised crime. The attacks come from a broad range of actors including lone-wolf hackers and criminal syndicates through to foreign governments. Reports indicate that the Covid-19 pandemic has accelerated digitisation on the continent leading to cybercriminals stepping up attacks given the limitations on security infrastructure and capacity, with financial institutions and telecom companies in particular suffering huge losses.

The estimated economic cost of cybercrime in Africa is USD3.5 billion, and it affects the livelihoods and well-being of millions of people, businesses and communities annually. Due to the global footprint that defines cybercrime, there is a shared transnational responsibility that requires international cooperation and coordination to address the phenomenon. While the United Nations Third Committee has initiated a process mandated with elaborating an international convention on cybercrime, many states are still struggling to understand how this new process fits within existing efforts and what their position should be.

The EU Cyber Direct session will work to identify the priorities of African countries for the upcoming negotiations. The session will also brainstorm on how African stakeholders can contribute to the planned negotiation process, and the role African civil society organisations can play in this process.

As part of efforts to combat cybercrime in Africa, the African Union under its Agenda 2063 that was adopted in 2014 recognises cybersecurity as a key priority to ensure that new technologies are used for the good and prosperity of individuals and institutions on the continent. The session is thus timely and will bring synergies to the other on-going efforts towards a more secure cyberspace on the African continent.

The speaker line up includes representatives from Chatham House, Swansea University, Cyber Peace Institute, and the Zambia Police Service.

FIFAfrica convenes various stakeholders from the internet governance and online rights arenas in Africa and beyond to deliberate on gaps, concerns and opportunities for advancing privacy, access to information, free expression, non-discrimination and the free flow of information online. This year’s forum, which runs from September 27 to 30 2021, is hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) with support from Ford Foundation, Sigrid Rausing Trust (SRT), Omidyar Network, Small Media, Internews, the European Union Institute for Security Studies (EU ISS), and the Slovenian Presidency of the Council of the European Union.

Registration for FIFAfrica21 remains open.

23Sep

#FIFAfrica21: Deliberating Europe-Africa Digital Rights Cooperation

CIPESA Writer September 23, 2021

FIFAfrica21 |

As a supporter of the upcoming Forum on Internet Freedom in Africa 2021 (FIFAfrica21), the Slovenian Presidency of the Council of the European Union (EU) will seek to enhance digital rights cooperation between Africa and Europe.

Ambassador Tadej Rupel, Ministry of Foreign Affairs of Slovenia, Presidency of the Council of European Union 2021, will be part of a keynote panel to kick off FIFAfrica21 on September 28, 2021. Others on the panel are journalist and writer Samira Sawlani, Cameroonian lawyer and activist Michelle Ndoki, and Chief Executive Officer of the Pan African Lawyers Union (PALU), Donald Deya. The panel will put a spotlight on the various dynamics that have come to shape digital rights in Africa in addition to also sharing insights on the path that should be taken towards an inclusive, safe and secure internet in Africa. Ambassador Rupel will speak about Slovenia’s digital rights in Africa engagement as part of the EU and in its national capacity.

Meanwhile, the Slovenia-based International Research Centre on Artificial Intelligence (IRCAI) under the auspices of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and its partner Knowledge 4 All Foundation will host a roundtable on the intersection of African languages and Artificial Intelligence (AI). The session, scheduled to take place on September 29, 2021 starting at 16:30 East African time, will discuss the importance of linguistic and cultural diversity in the digital era. It will also discuss the need to leverage collaborations between AI research communities, policy makers and investors, as well as bilateral cooperation between the African Union and the EU, in order to harvest the benefits offered by Language Technology for realising digital rights in Africa.

The roundtable will highlight ongoing efforts by Masakhane (supported by the Lacuna Fund), which consists of 140 contributors from 17 African countries, focused on the preservation of African languages in the information society. The session will also showcase AI projects with interdisciplinary teams of researchers that have created openly accessible text and speech datasets that will fuel Natural Language Processing (NLP) technologies in nine languages across 22 countries.

The roundtable is part of a series of global events organised by the Ministry of Foreign Affairs of the Republic of Slovenia and IRCAI in cooperation with Slovenian embassies and other permanent representatives in 12 countries around the world to garner interest in urgent and global responses to the emerging field of AI. The first event was held in London, United Kingdom on AI and decarbonization.

Speakers during the roundtable will include representatives from Bayero University, Kano-Nigeria; Uganda’s Makerere University; Maskhane; and IRCAI.

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