How the Covid-19 Fight Has Hurt Digital Rights in East Africa

By Paul Kimumwe |

The fight against the coronavirus (Covid-19) pandemic in Kenya, Tanzania, and Uganda has dealt a blow to the promotion and preservation of human rights in the region. The outbreak of Covid-19 could not have come at a worse time, as the countries were preparing for their respective general elections (October 2020 for Tanzania, January 2021 for  Uganda, and a potential referendum in 2021 and the August 2022 elections in Kenya).

Even before confirmation of Covid-19 cases in the region, the three East African countries had instituted Covid-19 mitigation measures, including the adoption of statutory instruments which quickly suspended constitutional guarantees without reasonable justification or meaningful stakeholder consultation. The measures were accompanied with a problematic onslaught on the media, the political opposition and ordinary citizens, which undermined the enjoyment of the rights to freedom of expression, assembly and association, and the right to access a variety of news and information, which was critical to informed decision-making particularly during electoral processes.

On March 18, 2020, Uganda instituted its first set of measures that included the closure of schools and a ban on all political, religious, and social gatherings. A week after the March 22, 2020 confirmation of the first case in the country, the Ministry of Health issued the Public Health (Control of Covid-19) (No. 2) Rules, 2020 that introduced further restrictions including a dusk-to-dawn curfew, the closure of institutions of learning and places of worship, the suspension of public gatherings, a ban on public transport and the closure of the country’s borders and the international airport to passenger traffic.

In Kenya, the government introduced several measures to curb the spread of Covid-19 that included the suspension of public gatherings and other social distancing requirements; limitation of travel into and outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; as well as inter-county travel bans between the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

A day after the government confirmed its first coronavirus case, Tanzania introduced a series of measures that included the closure of schools and the suspension of sports events on March 17, 2020. Additional directives, including quarantining travelers from countries with confirmed cases of COVID-19 at the travelers’ own cost, were announced by President Pombe Magufuli.

While many of the restrictions such as the closure of international borders, schools and churches and prohibitions on public gatherings have since been relaxed, the long-term impact of these and other restrictions persist.

In this brief, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) researched Covid-19 related censorship and surveillance practices and related regulatory responses in Kenya, Tanzania and Uganda that affected people’s’ digital rights, including the right to freedom of expression, access to information, and privacy. It shows that the different measures adopted by the three countries, including enactment and enforcement of repressive laws on misinformation/fake news, as well as intimidation, arrests, detentions, and suspension of media operations, have led to an erosion of civil liberties online and offline.

The brief recommends the amendment of all the Covid-19 legislation that restricts freedoms to bring it into conformity with international standards on the right to privacy, data collection and processing as well as freedom of expression and access to information. Further, it urges governments to improve the affordability of the internet by more citizens, ensure the respect of citizens’ rights; and be transparent, and accountable in the conduct of Covid-19 related data collection and surveillance.

Why Access to Information is Essential for Democratic Elections in Africa

By Dunia Mekonnen Tegegn |

The importance of access to information in the electoral process and for democratic governance is documented in the African Charter for Democracy, Elections and Governance, and other sub-regional treaties and standards.

Without access to reliable information during the electoral process, it is difficult for citizens to eloquently exercise their right to make an informed choice. For elections to be free, fair, and credible, voters must have access to information at all stages of the electoral process. Access to information enables voters to be educated and informed about political processes so that they can have a basis upon which to vote for political office holders and to hold public officials responsible for their acts or oversights in the implementation of their actions.

Though Africa has developed several normative frameworks and legal instruments defining democratic elections, the wider dissemination of relevant information during the electoral process remains a challenge, putting the credibility of the process into question.

The Revised Declaration of Principles of Freedom of Expression and Access to Information under principle 13 emphasises that any preparatory work for elections should take into account the need for access to information and adherence to the African Union Commission’s Guidelines on access to information and elections.

Over the past few years, access to information has further been made easier through advances in information and communications technology (ICT), especially the internet, which have expanded the avenues through which people can access and share news and information.

Consequently, the importance of internet access in the dissemination of information that is politically balanced and adequate, particularly during election times, has also been underscored under many of the regional human rights instruments     .

For example, the UN Committee on Civil and Political Rights (CCPR) has emphasised that the internet is one way of expression since paragraph 2 of article 19 protects all forms of expression and the means of their dissemination. Similarly, principles 37 and 38 of the Revised Declaration of Principles of Freedom of Expression and Access to Information provide protection for access to the internet.

Despite existing guarantees, both state and non-state actors have violated these rights by limiting access to information during election periods through ordering internet shutdowns, clamping down on news media, and restricting the movements of political opponents to campaign. This in turn undermined the reliability of electoral processes.

Trends also indicate that most of the African countries conducting elections in 2020 and beyond have experienced internet shutdowns, often affecting the fairness and credibility of the elections.

The situation has further been complicated by COVID-19, which has hampered crucial offline electioneering, making the online space crucial. Though state and non-state actors have used various types of strategies to censor and restrict information during election times including through blocking certain content and internet pages, the impact blanket internet shutdowns have on access to information is massive. This strategy is not the best option as internet shutdowns only present short term solutions. Other alternatives should be sought, such as progressive laws, judicial oversight , and legal actions before domestic and regional courts     .

In this report, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) explores the challenges citizens face in accessing crucial information in Africa, especially during elections, despite the recent developments in the ICT sector, including the internet which is often shut down as governments attempt to stifle their citizens’ ability to seek and share information online.

Africa Digital Rights Fund Supports Mainstreaming of Online Freedoms in Somali Territories

By Ashnah Kalemera |

The digital landscape of Somalia and the breakaway states of Somaliland and Puntland is largely shaped by the region’s history of terrorism and political turmoil. Website censorship, internet disruptions and crackdowns on the media co-exist in a fast-evolving technology sector, within a regressive policy and regulatory environment. With support from the Africa Digital Rights Fund (ADRF), three Somali initiatives are working to positively influence this landscape by raising the visibility of digital rights issues, alongside pushing for policy and practice reforms to ensure effective and inclusive use of technology for socio-economic and political development. 

Combined, the initiatives have skilled 235 human rights defenders, media practitioners and activists in safety and security online, and convened multiple stakeholder forums featuring government authorities, the private sector, civil society and law enforcement to promote wider awareness on digital rights and the need to prioritise rights-respecting technology adoption. The initiatives have also amplified efforts on effective utilisation of technology in Covid-19 response measures and worked to close the digital gender gap, focusing some interventions on addressing barriers to women’s meaningful participation in online spaces.

Freedom House’s Freedom in the World 2020 report ranks Somaliland as ‘partly free’, citing a “consistent erosion of political rights and civic space” evidenced by numerous arrests and detention of journalists and critics, and suspension of media outlets, among others. Assessed separately, Somalia is ranked as ‘not free’ with “impunity for human rights abuses by both state and nonstate actors” being the norm. As a combined region, Somalia’s press freedom ranking is dismal too – at position 163 out of 180 countries assessed as part of the 2020 World Press Freedom Index.

Somalia’s telecommunications sector, which is largely unregulated, has recorded steady growth, with 2020 figures indicating mobile subscriptions at 48% of the population and 10% internet penetration. Mobile money usage is widespread and, according to GSMA’s Mobile Money Regulatory Index, Somalia is ahead of many regional counterparts, having formalised sector regulations during 2019, allowed non-banks to offer electronic and mobile-based financial services, and permitted international mobile money transfers.

The ADRF’s partners – Digital Shelter, the Somaliland Journalists Association (SOLJA), and the Women in Media in Somalia (WIMISOM)- recognise that increased use of online platforms has the potential to positively shape political participation, innovation, inclusion and the realisation of human rights in Somalia and its breakaway regions.

In response to arrests and intimidation of several journalists and social media activists by the Somali federal government and federal states, digital attacks, and threats from terrorist groups, Digital Shelter spearheaded the “protect our online space” initiative with ADRF support. Under the initiative, Digital Shelter hosted a groundbreaking dialogue on shrinking online civic space in Mogadishu, which was attended by 80 human rights defenders, journalists, bloggers and artists. The dialogue was followed by two digital security training sessions (hosted over three days each), also held in Mogadishu, benefiting 100 participants (47% female), including women human rights defenders, media practitioners and activists. Besides risk assessment, device security, encryption and circumvention, the training featured sessions on tackling misinformation and disinformation. 

Digital Shelter hosted a second dialogue on digital transformation and the future of online civic space in Mogadishu in partnership with the Ministry of Posts, Telecommunications and Technology (MPTT). This forum brought together 80 government officials, tech activists, ICT experts, media practitioners, and civil society representatives. Speaking as a panelist at the forum, Abdiaziz Duwane, Director General of MPTT, reiterated the government’s commitment to prioritise the use of technology in private and public sectors, and to improve rural connectivity. 

With the success of the two dialogues, Digital Shelter went on to support Somalia’s Covid-19 response measures by hosting an engagement on misinformation and media coverage around Covid-19. Additionally, since September 2020, it has hosted monthly meet ups on digital rights topics, featuring various guest speakers. 

Recognising the role of media practitioners and digital platforms in promoting peace in conflict regions, the Somaliland Journalists Association (SOLJA), with ADRF support, equipped 120 journalists (40% female) with skills in innovative content development, safety and security online, and journalism for peace and humanitarianism. In addition, SOLJA organised a multi-stakeholder dialogue aimed at understanding misinformation and fact checking. Speaking at the dialogue, Muna Toosane, the Director of Communication at the Somaliland Ministry of Information and National Awareness, stated that ongoing government interventions were focused on increased adoption of technology, while mindful of emerging concerns over the spread of false and misleading information online. 

The engagements by SOLJA were informed by a knowledge, attitudes and perceptions survey on the impact of online platforms on print and broadcast media in Somaliland. Conducted during February and March 2020, the survey targeted 51 media stakeholders including the Ministry of Information, local print, broadcast and online media agencies, independent media practitioners, academia, human rights  and civil society organisations. The survey found that online platforms were perceived to have had a positive impact on governance and human rights in Somaliland. However, journalists’ use of the platforms was being undermined by limited understanding of online safety and security, pervasive hate speech and misinformation.

Further, SOLJA monitored Covid-19 coverage by five public and private media entities during April and May 2020. The assessment of Geeska Afrika, Jamhuuriya, Radio Hargeisa, Horn Cable TV and Saab TV, found that briefings from the Ministry of Health, the activities of the national response committee and prevention measures were the leading topics of reporting. However, messaging was often repetitive with little on societal and behavioural change. The report also found cases of misinformation on social media being reproduced in print and broadcast stories, as well as limited inclusion of women’s voices.

SOLJA has since gone on to engage Somaliland Members of Parliament, legal and religious leaders and the Deputy General Secretary of Somaliland parliament on a draft media bill to replace the Press Law 24/2004.

Digital Shelter and SOLJA’s interventions set the foundation for the third ADRF Somali grantee – Women in Media Initiative Somalia (WIMISOM) – whose work during 2020/2021 is focused on building the digital security skills and knowledge of women journalists (print, broadcast and online) and women-led media organisations in Puntland, Somalia and Somaliland as a means of combating threats against female journalists and their sources. 

Towards the end of 2020, WIMISON conducted a three days training of trainers (ToT) in Puntland, which was launched by a representative from the Puntland Ministry of Women Development and Family Affairs (MOWDAFA). The 15 trained trainers are due to support regional training during January and February 2021. In commemoration of the 16 Days of Activism Against Gender-based Violence, WIMISOM organised a roundtable discussion on the challenges facing women in journalism and their role in fighting gender-based violence. 

The July 2020 profiling of Digital Shelter’s work by the United Nations Assistance Mission in Somalia (UNSOM) is testament to the need for continued elevation of digital rights advocacy and network building within wider efforts to advance human rights in Somalia, Puntland and Somaliland – a need that ADRF is proud to have set the pace for by supporting Digital Shelter, SOLJA and WIMISOM.

The ADRF is an initiative of the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) with support from the Omidyar Network, Ford Foundation, the German Society for International Cooperation Agency (GIZ) and the Swedish International Development Cooperation Agency (Sida).

Call for Participation: Post-Graduate Workshop on Digital Data in East Africa and Beyond

Apply Now |

We would like to invite applications for a day-long virtual Post-Graduate Workshop on Digital Data in East Africa and Beyond scheduled to take place on February 25, 2021. It will be run by the Developing Data project, a network including Strathmore University’s Centre of Intellectual Property & Information Technology (CIPIT), Collaboration on International ICT Policy in East and Southern Africa (CIPESA), and the University of Edinburgh’s Centre of African Studies (CAS). The project looks at a range of both financial and political uses of data in East Africa and across the rest of the African continent. For more information please visit: https://developingdata.org/

Applicants will be required to submit a short summary (approximately 1,000 words) of a work in progress, for example, an article, dissertation chapter, or grant proposal. The workshop will then involve each participant giving a short presentation on their work. The students will then receive feedback on their presentations from academic staff involved in the network. There will also be opportunities for students to discuss methods, approaches, and findings among themselves. This workshop would represent a good opportunity to meet people working on similar subject areas, something that could facilitate future knowledge exchange and collaborations.

Please consider applying if:

  • You are a masters or PhD student at either an East African university or the University of Edinburgh.
  • You have a work in progress that is related to the themes covered by the Developing Data project.

How to apply: Applicants are required to submit a summary (approximately 1,000 words) on the topic that they wish to present. Please email [email protected] if you would like to apply or if you have questions about the event.

The deadline for applications is Monday, February 15 at 12pm EAT.

Empowering Journalists to Deescalate Conflict and Hate Speech at Election Times

By CIPESA Staff |

Elections are an essential democratic process during which citizens need access to a range of credible information in order to participate meaningfully and to make informed choices. But elections can also be highly charged affairs and, with the increasing proliferation of digital technologies, there is always a danger of rising cases of online hate speech.

This scenario requires that the media – particularly in conflict-prone communities – have the skills for conflicting-sensitive reporting, are able to identify and call out hate speech online and offline, counter misinformation, and develop comprehensive plans for election coverage. Yet, the pressures which the Covid-19 pandemic has exerted on the budgets of media houses, and the restrictions some governments have increasingly placed on media freedom, all undermine the ability of the media to play the role of peace mediators, agenda-setters, and watchdogs.

That is where the role of civil society becomes crucial in ensuring the media to play its needed role at such important democratic processes as elections. It is against this background that, ahead of Uganda’s January 2021 elections, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) conducted a series of training workshops to equip journalists with the relevant skills, knowledge and tools to aid them to report on the elections in a more professional and balanced manner.

“In the 2021 general election, since public rallies were limited to a small number of people, or banned altogether in some districts, there was a heavy reliance on the media by the candidates to reach out to the electorates. It is important that media workers are up to the task of delivering information to citizens in a balanced and neutral manner,” said Paul Kimumwe, Senior Program Officer for Research and Advocacy at CIPESA.

Due to the on-going Covid-19 pandemic, the government initially suspended all public gatherings, among other restrictions although these were progressively eased to allow political rallies in some districts provided they did not exceed 200 attendees.

As part of efforts to discourage mass rallies, the communication regulator, Uganda Communication Commission (UCC), in November 2020 issued the Guidelines on the Use of Media during the General Elections and Campaigns 2021. According to the guidelines, all media stations shall not discriminate against any political party or candidate or subject any political party or candidate to any prejudice in the broadcasting of political adverts.

On the other hand, all private media stations are required to ensure that all their advertising space and airtime was not bought out by one party. Yet, leading opposition candidates were barred from accessing some radio stations and campaigning in several towns.

In the lead up to the elections, journalists had fallen victim to arrests and assaults, there was an attempted block to media outlets running online – the state requested Facebook to block mainly opposition owned YouTube channels, reports of denials of accreditation to cover the elections emerged, thus threatening the plurality of the media.

With the media and digital platforms including social media providing key campaign platforms, there were concerns about the proliferation of disinformation, misinformation, and hate speech online. Earlier in March 2020, UCC had issued a public advisory notice against individuals (including journalists) misusing digital platforms to publish, distribute and forward false, unverified, or misleading stories and reports. In September 2020, the regulator issued a renewed order for online publishers and broadcasters to apply for operating licences.

According to Kimumwe,  the training was structured to provide the trainees with both knowledge and skills-based competences to help them cover elections more effectively and professionally.

“The curriculum included topics such as the role of media in electoral democracy, technology and journalism, electoral media-related laws and policies, peace journalism, how to prepare for and cover election day and the post-election period, and how journalists can ensure their safety,” noted Kimumwe.

He said it was important to include conflict-sensitive reporting given Uganda’s past history of a violent election process and the proliferation of hate speech during the campaigns, especially online. “We believe that the media could help in de-escalating the tensions through reporting as well as providing the much needed context and fact-checking certain utterances by politicians on the campaign trail,” he said.

Ahead of the training, there were various incidents of attacks against journalists on the campaign trail by security forces. It was important therefore that the trainees were equipped with safety and security skills as they covered the elections.

The training included editors and reporters from more than 50 media houses in the Acholi, Bukedi, Busoga, Elgon, and Teso  sub-region benefited from the training,  of whom 36% were female.

“The training helped me acquire skills to report on the elections as well as knowing my role and rights as a journalist” – Julius Wasike, Apex FM reporter, Jinja

“The training awakened my conscience and alertness towards safety and conflict-sensitive reporting” – Gerald Matembu, NBS reporter, Mbale

“I have learnt how to write stories that do not ignite the emotions” – Agnes Aromo, Radio Pacis journalist, Gulu

The campaign period was characterised by high levels of violence, including beatings of journalists, arrests of presidential candidates, and the killing of more than 50 people during a riot. Whereas this created fears that the election day and its aftermath would be marred by violence, the election day and the post-election period have been calm.

Nonetheless, there are allegations that the winning candidate, incumbent Yoweri Museveni, was fraudulently declared winner with 59% of the votes, and the runner-up, Robert Kyagulanyi, also known as Bobi Wine, has petitioned the Supreme Court to overturn Museveni’s victory. The blockage of the internet ahead of the elections undermined electoral transparency, severely hindered the work of journalists, and denied citizens’ access to badly needed information.

In November 2020, CIPESA partnered with Media Focus on Africa to bring together 80 key media practitioners and stakeholders including media support organisations, media houses, journalists’ associations, government bodies, independent content producers, civil society, and security organs to deliberate on challenges and opportunities for media during elections in a digital era. Conducted in Kampala, the engagement also gave journalists tips on digital security and fact-checking.

Besides the journalists’ training, CIPESA conducted other engagements that brought together key actors including Members of Parliament, Electoral Commission (EC) officials, election observer groups, and human rights organisations. A December 2020 roundtable saw officials from Facebook and WhatsApp present their efforts to combat cyber violence, harassment,  incitement, bullying, misinformation, fight hate speech and other objectionable content. Political party leaders and the EC officials explained how pivotal digital platforms had become in an election where physical meetings were heavily curtailed.