Using Technology to Advance Human Rights in Kenya

By Catherine Kamatu |
Joseph Kitaka, a resident of Yatta in Machakos County, Kenya, has always had an interest in defending human rights. His community is faced with numerous challenges, including gender-based violence, police brutality and many other human rights violations. Mr. Kitaka had little hope of utilising Information and Communication Technology (ICT) to advance his ambition in bettering his community, until he was elected the chairman of Yatta Paralegal Network, a local Human Rights Network (HURINET).
Today, Yatta, is among 15 HURINETs in Kenya that are being supported by the Kenya Human Rights Commission (KHRC) to strengthen democratisation by widening civil society use of ICT to advance political accountability, freedom of expression and respect for human rights. The initiative is part of the ICT4Democracy in East Africa Network, a regional coalition of civil society organisations coordinated by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
The network maintains various ICT platforms and undertakes activities including research, capacity building, mentoring, advocacy and civic engagement toward strengthening democracy. The network’s partners use digital technologies to hold leaders accountable to citizens, fight corruption, enhance communication and the right to freedom of expression, as well as the right to seek, receive and impart information and respect for human rights.
In Kenya, KHRC maintains an SMS short code and crowd mapping platform which enable citizen reporting of human rights violations, and building a vibrant social movement of citizens who monitor government performance toward a society free of human rights violations.
Through KHRC’s project, 10 HURINETs have received computers, modems, generators and digital cameras to support their work. Mr. Kitaka received a modem, a computer and a digital camera to enable the smooth operations of his network. He asserts that the equipment greatly eased information sharing among the networks and other human rights defenders.
“Three years ago, sharing information was a challenge. It took very long for human rights defenders to share reports, it was also very expensive since we could only access ICT equipment in cyber cafes at a cost. With the equipment given to us by KHRC, everything is moving on well,” he said.

Joseph Kitaka from Yatta Paralegal Network is interviewed at a communications training workshop.
Joseph Kitaka from Yatta Paralegal Network is interviewed at a communications training workshop.

Earlier in 2014, KHRC conducted two community outreaches in the Kibera and Kangemi informal settlements in the capital of Kenya where active audiences of 109 and 138 respectively were trained in the use of ICT platforms for promoting human rights and good governance. These engagements enabled hundreds of ordinary citizens to use web tools (such as SMS, Facebook, HakiReport, HakiZetu) to report on governance processes.
Kenya has high rates of access to digital technology, with mobile access rates at 80% and internet access rates at 57%. However, most citizens do not have the skills to use simple technology tools in pursuance of good governance at a time the Kenyan government is making laws and regulations that limit freedom of expression.
In a bid to enhance the quality of the content generated by the human rights networks, KHRC further trained human rights defenders on communications skills in February 2015. The training focused on news writing, multimedia use, interview skills, social media and use of the KHRC e-library as a research tool.
The training was attended by 15 local human rights workers, who will collectively contribute to the newsletter Mizizi ya Haki (The Roots of Justice), which focuses on activities of human rights networks. “From the skills obtained from the communications training facilitated by KHRC, I have managed to train other human rights defenders on how to file good reports,” added Mr. Kitaka.
The training evaluation indicated an overall change in the knowledge, skills and attitudes of all beneficiaries. Social media and article writing were indicated as the most useful training sessions toward the beneficiaries’ more effective human rights work.
However, further training needs were also identified, including digital security, media laws and multi-media content generation. Participants also identified a need for training in proposal writing and resources mobilisation as well as in paralegal work.
Read the full evaluation report here http://bit.ly/1Pu1w6h
The work of KHRC and the ICT4Democracy Network is supported by Swedish International Development Cooperation Agency (Sida).
 
 

OpenNet Africa Challenge Uncovers Gaps in Digital Safety Tools

By Ashnah Kalemera |
There are numerous tools which can secure online users’ communications, including through anonymising their identities and enabling them to circumvent online surveillance and censorship. In some cases, developers have gone on to localise such tools to suit various contexts. However, the tools’ relevance to certain populations and how best to improve them for a diverse range of users remains largely unknown.
During May 2015, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with tech innovation hub OutBox challenged members of the Ugandan tech community to test five digital safety and security tools in order to gain an understanding, in a local context, of the tools’ strengths, weaknesses and opportunities for localisation. The challenge was in the context of CIPESA’s OpenNet Africa initiative which monitors and promotes internet freedom in east and southern Africa.
The tested tools were Cyrptocat, Mailvelope, Martus, TextSecure and Redphone. The scope of testing included how the tools enabled anonymisation, circumvention, and privacy of communications. The tests had to take into consideration different user communities, including women, bloggers, journalists, human rights defenders, and sexual minorities, and the nature of threats to internet freedom in the East African region.

A team presents to the panel during the OpenNet Africa Tools Testing Challnge
A team presents to the panel during the OpenNet Africa Tools Testing Challnge

These threats are often linked to the fight against terrorism, combating online hate speech, suppressing the views of opposition parties (mainly around election periods), and in crackdowns against particular groups, such as Lesbian, Gay, Bisexual, and Transgender (LGBT) community, critical media and human rights activists. The threats often come in the form of surveillance, blocking of websites and social media sites, and interception of communications.
Three teams participated in the challenge through trial exercises, user consultations and stakeholder interviews. In considering which tools were better suited to promote internet freedoms of the region’s citizens, the teams that conducted the tests also bore in mind the proliferation of technology, internet speeds and literacy levels in the region. Language, multiple device use and aesthetics such as the interface design including colours and icons, were also among the other features for testing.
The teams found a number of shortcomings on some tools, including the lack of protection from key loggers, poor or no consideration for low internet speed users and those with low ICT skills and literacy levels. Some tools were found to have limited cross platform/device operability, while others were not accessible to visually impaired persons.
Select test findings
 

Tool Safety and Security Features Key test finding limitation
Martus Allows for secure collection, transmission and storage of data. It is popularly used by human rights defenders.
  • There is no option for retrieving a lost encryption key

 

Cryptocat This app enables encrypted chat via a browser and mobile phone.
  • Lack of IP address anonymisation
  • There are no administrative privileges in group chats meaning there is free entry and exit of members in the conversations.
Mailvelope This is a browser extension that enables the exchange of encrypted emails
  • Lack of an attachment encryption function
Redphone An Android based mobile app that allows for encrypted voice calls over a Wi-Fi or data connection using a normal phone number.
  •  Unregistering a RedPhone number is not currently supported.
  • Very slow or no synchronisation with contacts that have RedPhone installed, meaning there is no possibility to upgrade calls to encrypted calls even when the user being called is running the RedPhone app.
TextSecure Secure messaging app
  • Recently dropped SMS support
  • Installation requires Google services

 

“Pious, a 25-year old IT student at Makerere said that he is now using Redphone with his girlfriend whenever they feel like phone sex in order to avoid the spying software announced by Fr. Simon Lukodo, Minister of Ethics and Integrity,” Tean Tech4Dev

The teams made recommendations for improvement and localisation, including translation of the tools into local languages, compatibility provisions across social media platforms, and feature phone support.
The teams also proposed numerous cases in which the tools can be used by marginalised and vulnerable user groups in East Africa. They cited youth mobilisation, gender-based violence and other human rights violations reporting, monitoring and victims support, facilitation of opposition groups’ activities, and protection from corporate espionage.
However, the teams also highlighted the potential of the tools promoting hate speech and radicalism in East Africa’s fragile socio-political environment through safeguarding the communications and activities of offenders.
“One of the primary uses of the Internet by terrorists is for the dissemination of propaganda. Through encrypted communications, terrorists can easily spread their propaganda and also plan their activities,” noted Team African Value. The team added that promotion of divisiveness and encouraging violent acts on ethnic grounds has become common on East African online platforms.
The teams also noted the need for increased awareness raising and capacity building among users to promote an understanding of cyber threats and online safety. Among the possible ways to achieve this was through working with academia to develop cyber security curriculums for education institutions.
The findings of the teams were showcased at a pitching event held on June 2, 2015 where a panel of judges determined the team with the best reports and localisation recommendations. The judges were Wilson Abigaba (Internet Society – Uganda Chapter), Richard Lusimbo (Sexual Minorities Uganda), Baldwin Okello (Uganda Telecom) and Neil Blazevic and Mark Kiggundu – both from East and Horn of Africa Human Rights Defenders Project.
The winning team was Tech4Dev, which was followed by Ghost In The Wires then African Values. See more on the event on  Storify

Building Local Online Content Through The Creative Industries in Africa

By Juliet Nanfuka |
The creative industry provides a blend of literature, visual, audio, physical and verbal means through which to communicate complex social issues – increasingly complemented by online tools. In particular, the music industry in Africa is driving the digitalisation of content as it aligns itself with global trends.
There are locally developed apps to cater specifically to African content producers and consumers. Websites such as Fezah (Uganda),Mvelani (Malawi), Mkito (Tanzania) – which also offers a short message service option to source music through feature phones – and Spinlet (Finland, Nigeria, South Africa) are providing unique African music platforms through which content can be easily disseminated. These platforms are creating avenues through which African artists can promote, distribute and monetise their content while also reaching a global audience.
However, the economic potential that the music industry has – and by extension, other creative industries – is often overlooked. According to PriceWaterHouse Coopers, Kenya’s music market generated revenues of US$19.8 million in 2012, up from US$16.5 million in 2008, a figure projected to reach US$20.7 million in 2015. The report also indicated that spending on digital music will overtake physical spending in 2015.
In Nigeria, the music market generated revenues of US$51.3 million in 2012 with forecasts indicating further growth to reach US$53.8 million in 2017. The report further estimates spend on digital music content in Nigeria will rise to an estimated 66.6% of digital’s share of total spending on recorded music by 2017, up from 49.0% in 2012.
But a 2015 British Council report on the music sector in East Africa found that “the impact of digitisation on both music-making and distribution is not fully understood nor is it encompassed by statutory law, with most regulations having been passed before the digital revolution.” This impact purportedly spans beyond music, influencing other areas of the creative industry such as photography, visual arts including painting, graphic and digital design, sculpturepaint, dance and even literature.
Accordingly, last May, East African artists and performers convened in Jinja, Uganda for Doadoa, dubbed an “East African Performing Arts Market”, for a three-day event aimed at providing a platform for East African artists to engage with each other as well as to define the path that the creative industry takes in making itself more financially sustainable. Doadoa echoes the  Festival au Désert in Mali and South Africa’s Moshito festivals which also connect artists from across the continent.
Discussions at DoaDoa explored issues of content creation, music production and commercialisation in a sector that is challenged by limited infrastructure, skills, geographic divides, piracy, and fractured protection of intellectual property. As more East Africans have gone online, so has the amount of content generated for both general and commercial consumption yet it accounts for just a small fraction of the global content available online.
Despite the increased amount of online content produced, there remain few laws applicable to the creative industry and for those in existence, there is limited enforcement. An ArtWatch Africa 2013 report on Monitoring Freedom of Creative Expression noted the limited priority and commitment that African national constitutions have for guaranteeing  freedom of creative expression or cultural rights. As such, there have been reports of abuse and infringements on artists’ rights when their work challenged political, religious and social norms.
For instance, in September 2014, South African artist Brett Baily struck a nerve when his piece, Exhibit B, on exhibition in London challenged racism. Fellow South African activist and photographer Zanele Muholi has also received criticism for her work depicting the brutality that black lesbians face in the hands of their communities. In 2012, a Ugandan play titled “State of the Nation” was cancelled by the Media Council because of its subject matter of corruption and poor governance, while in 2013, Daniel Cecil, a British theatre producer, was deported from Uganda following work on a play that had a gay character.
However, despite the emergence of bills applicable to the creative industry such as Kenya’s National Design Bill 2015 or the East African Community Creative and Cultural Industries Bill, 2014, there remains little explicit mention in the bill of online media as a tool increasingly used in the creation and dissemination of artistic and cultural content. Similarly, there are no legal mechanisms to protect and promote a regional online creative economy.  Kenya however has released their National Design Bill which established the Institute of Designers Kenya. It however limits creative expression to members of the (IDK) thus posing a challenge to creatives without the means to pay the registration fees for membership with the institute. It also makes limited mention of online design content.
As creative content has become pivotal in the digital economy, the need to protect it as a form of expression  is key to its sustainability both online and offline. Creating symbiotic relationships between the artistic community across the continent, online advocacy groups and human rights defenders in pursuit of more locally driven and cohesive advocacy on social issues such as freedom of expression, privacy, data protection and surveillance is key.
Image: Bwette Photography

Online Censorship in South Africa

South Africa is among the top five African countries with the highest mobile broadband reach, preceded by Ghana, Zimbabwe, Namibia and Egypt. As of June 2014, internet users had increased to 52% of the population, majority of them using mobile devices to access the internet.
Although the country has been ranked free in internet freedom rankings and held highly in respect to promoting equal rights, recent developments in the offline and online world say otherwise.
In March 2015, a consumer activist who runs the CAMcheck blog that reports on misleading claims made by consumer goods providers, was forced to move his website offshore following a take-down request made by sports supplement company USN for content described as “unsubstantiated and defamatory”.
According to Section 78 of the Electronic Communications and Transactions Act (ECTA) 2002, ISPs are not obliged to monitor the data they transmit or to actively seek facts or circumstances indicating an unlawful activity. Service providers are, however, liable for failure to comply when issued with takedown requests from users as provided under Section 77 of the Act.
It is thus no surprise that Hetzner, the CAMcheck blog web hosting provider, also a member of the South Africa Internet Service Providers Association (ISPA), complied with the take down request.
Also in March 2015, the Film and Publication Board (FPB) gazetted a Draft Online Regulation Policy, 2014, which contains clauses that have the potential of blocking online content – including films, games and certain publications – prior to publication.
The regulations require that anyone wishing to publish or distribute such content has to first acquire a digital publisher’s online distribution agreement with the FPB, after paying a subscription fee. Once paid, the publisher would have to submit the content to the FPB for classification prior to publishing.
The FPB has the mandate to regulate the creation, production, possession and distribution of films, games and certain publications by way of classification, to protect children from exposure to disturbing and harmful material and from premature exposure to adult material and to criminalise child pornography and the use and exposure of children to pornography.
The Draft Online Regulation Policy states that, the policy, “read with the Online Regulation Strategy and the ECT Act Amendment Bill, will also ensure that classification focuses on media content, rather than on platforms or delivery technologies.”
However, civil society organisations have criticised the draft policy, stating that they are “effectively a specific form of pre-publication censorship, which is not acceptable.” They also add that the time spent on the pre-classification of content would undermine one of the most valuable traits of the internet – its immediacy.
Further concerns about the new regulations include the exclusion of content by parties unable to pay the fees required and thus a potential limitation on the diversity of online content.
But online content censorship is not new in South Africa. In 2012, “The Spear”, a controversial painting by Brett Murray which depicted President Jacob Zuma with his genitals exposed, was published on the City Press website – a daily newspaper. President Zuma and the African National Congress Party obtained an order for the removal of the image from the website of City Press on the grounds that it was unfit for viewers under the age of 16, according to classifications by the FPB. The Goodman Gallery (where the painting was displayed) approached the FPB Appeal Tribunal which found that the ruling in favour of the injunction was incorrect. The City Press nonetheless removed the image from its website.
Meanwhile in the first quarter of 2013, the South African Counter Intelligence Agency made a content removal request to Google for a blog post that was ‘allegedly infringing copyright by criticizing a media release that the agency had issued.”
Although this request was denied, past incidents together with recent developments in the country bring to the fore the crucial online freedom issues of intermediary liability and freedom of expression.
In its 2014 State of Internet Freedoms in South Africa report, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) highlights these gaps. It states that the absence of detailed provisions in the guidelines for recognition of industry representative bodies of ISPs “creates a situation where ISPs are not free to establish any ’notice’ or ‘notice and put-back’ mechanism, which would allow the user to respond to the allegations of infringement or, respectively, to provisionally restore the allegedly infringing content.”
The ECTA Amendment Bill of 2012 attempts to address some of the existing gaps by introducing Section 77A, which provides consumers with the right to be heard by ISPs before a takedown notice is enforced. However, this section still has limited provision for a user to respond to the allegations of infringement or to provisionally restore the allegedly infringing content. ISPs are merely required to respond to a “first take-down notice” within 10 business days (lesser days if the complainant can demonstrate irreparable or substantial harm).
The 2014 report calls for a review of South African legislation that is applicable to online freedom, specifically pointing out the need for immediate revision of the Films and Publications Act.
The report also recommends increased dialogue between civil society and policy makers to progressive law reforms, including a review of legislation that have actual or potential chilling effects on internet freedom.
Read the full State of Internet Freedoms in South Africa Report here.
 

World Press Freedom: Ugandan Journalists Convened for Digital Security Training

By Juliet Nanfuka |
On May 2, a total of 27 Ugandan journalists were trained in digital security procedures. The training was held in commemoration of World Press Freedom Day (May 3), which this year was celebrated under the theme “Let Journalism Thrive! Towards Better Reporting, Gender Equality, and Media Safety in the Digital Age”.
The training, which was organised by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) in partnership with Uganda Journalists Union (UJU) and the East and Horn of Africa Human Rights Defenders Project (EHARDP), explored the status of journalism in Uganda as well as the legal and regulatory frameworks affecting freedom of expression in the country. Participants at the training workshop represented print, online and broadcast media houses from across Uganda.
During the training, it emerged that some journalists are not cautious about their online security, similar to those in a previous training hosted by CIPESA. The reuse of one password across different websites and platforms, and overexposure of personal information online were common among the training participants. Email encryption, the use of Virtual private networks (VPNs) and Multi Factor Authentication for passwords, were taught as skills that can aid journalists when investigating sensitive stories that may be prone to surveillance.
Norman Katende, an international award winning journalist, shared his experiences of being threatened while reporting on controversial stories and encouraged journalists to practice caution both online and offline. He questioned how journalism can thrive in the face of police attacks on the media, noting that journalists should not compromise on their security when covering sensitive stories just to earn a living.
According to the Committee to Protect Journalists (CPJ), an international organisation that defends the rights of journalists, over the past two decades, 1125 journalists across the world lost their lives while reporting or investigating stories. The medium increasingly used by journalists to source and disseminate information is the internet.
Last month, Somalia journalist Daud Ali Omar and his wife were murdered. The same month, Kenyan journalist Johan Kituyi, proprietor of the newspaper Mirror Weekly, which has covered controversial national issues, was also murdered.
Increasingly, online publishers and bloggers are also coming under attack in Africa. For instance, a year after their arrest, the Ethiopian Zone9 bloggers remain behind bars and in Burundi, civil unrest related to upcoming elections has led to government restrictions of information flow through various media houses – and radio stations.
Such attacks necessitate digital safety skills for journalists. “When you look at the level of knowledge on ICT that a journalist has – it’s really basic. We have several unsecured email accounts and we visit any website without [considering] security,” noted a journalist at the training in Kampala.
Journalists noted that they do not always exercise their rights and do not request security from their media houses when pursuing sensitive stories. They also indicated a lack of awareness of the laws in place that can aid them in developing stories, such as the Access to Information Act (2005), which compels Ministries, Departments and Agencies to release information.
Following a CIPESA presentation on the legal and regulatory frameworks affecting internet freedom, especially freedom of expression online in Uganda, a Soroti-based journalist said the training had made him re-evaluate how he used his mobile phone and the internet, saying that he had been using these tools “without considering their implications.”
Further to the commemoration of World Press Freedom day, CIPESA participated in the “Digital safety for journalists” plenary session of the global event hosted by UNESCO.  CIPESA and its partners in various countries were also involved in a series of Twitter engagements which explored press freedom, including in the digital world, particularly for African journalists.
The training was conducted in the context of CIPESA’s OpenNet Africa initiative that promotes internet freedom in Africa and is supported by the Open Technology Fund, Hivos and the Association for Progressive Communications (APC).