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21Mar

Safeguarding Civil Society: Assessing Internet Freedom and the Digital Resilience of Civil Society in East Africa

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By Small Media |
Over the past decade, East Africa has seen a tremendous boom in connectivity and online participation that is beginning to transform the way that citizens across the region communicate, express themselves, and establish communities. In a similar manner, the growth of internet access in the region is beginning to empower civil society organisations (CSOs) to engage with the public, share information, and advocate for citizens’ rights in sometimes challenging and closed political environments. Although the internet offers opportunities to advocates, it also offers the possibility for regional state and non-state actors to interfere with their work, surveil them, and censor their voices.
In this report Small Media, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), DefendDefenders, and Strathmore University’s Centre for Intellectual Property and Information Technology Law have sought to map out the state of internet freedom in East Africa, and assess the extent to which ongoing challenges have impacted negatively upon the work of civil society actors in the region. Although we were not able to map out the state of internet freedom across the entire region, we were able to focus our efforts on some of the lesser-studied digital landscapes – Burundi, Rwanda, South Sudan, Tanzania and Uganda.
To measure the state of internet controls in the region, we have taken the African Declaration of Internet Rights and Freedoms (ADIRF) as our key point of reference. This declaration – drafted and signed by a large array of African civil society organisations in collaboration with global internet freedom organisations – establishes a set of rigorous principles by which governments and other stakeholders must abide in order to guarantee the online rights and freedoms of citizens across Africa.
Over the course of this research, we have found that there is an urgent need for East African civil society to be given support to improve their digital resilience in the face of growing threats of surveillance and censorship across the region. In all of the countries surveyed in this report, CSOs failed to demonstrate a baseline of digital security knowledge, or else failed to implement practices effectively.
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At the same time, we found that governments across the region require support to bring their policies into compliance with the principles of the African Declaration on Internet Rights and Freedoms – a set of principles developed by African internet freedom stakeholders to guarantee a free and open internet in Africa.
ADIRF_Grid
Small Media, CIPESA, Defend Defenders and CIPIT hope that this research can help to support the security of civil society actors, empower activists to support the principles of the African Declaration, and press their governments to adopt it.
Read the full report here.
 

02Feb

Lobby Calls For Internet Freedom, Urges Responsible Use Of Social Media

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By Lillian Mutavi |

A civil society that promotes effective and inclusive ICT policy in Africa has called for internet freedom in Kenya and responsible use of social media.
The Collaboration on International Policy for East and Southern Africa (CIPESA) has also condemned national and county governments for harassing bloggers, social activists and even journalists who use social media platforms to highlight issues of human rights, corruption and bad governance among other ills.
Speaking during a two-day media roundtable engagement in Nairobi, the CIPESA Executive Director Dr Wairagala Wakabi criticised governments for frequent harassment, legislative hurdles and public campaign to tarnish the reputation of activists who express their opinions on online platforms.
“Consequently, activism has affected the relationship between civil society and government with the relationship being characterised by mutual suspicion and apprehension in response to the scrutiny by civil society and media,” said Dr Wairagala.
Dr Wakabi urged journalists and mainstream media to advocate for online freedom and free flow of information arguing that many people consume information online than through old media such as newspapers.
He said that despite laws being put in place to govern the use of internet, they had been applied selectively targeting those who do not support the government.
Intimidation by government, he said, had discouraged may people from freely engaging and expressing their views as many turn to self-censorship.
“In the first two months of 2016, upto 10 social media users in Kenya were arrested or summoned by security authorities over their online posts. In 2015 the NGO Coordination Board issued a notice to deregister 959 organizations while in early 2017 the Kenya Human Rights Commission (KHRC) was once again threatened with closure,” said Dr Wakabi.
However, he said they are not against internet restrictions arguing that some of the information and content there posed a threat to national security and privacy and morals of citizens.
He singled out fighting child pornography, terrorism, hate speech, cybercrimes as what the government should be going after rather than curtailing individual freedom of expression.
“There is good reason to control what happens online but the laws in Kenya do not live upto the international best standards,” he said.
Photo: The Collaboration on International Policy for East and Southern Africa (CIPESA) executive director Wairagala Wakabi makes his presentation on internet freedoms in Kenya on January 27, 2017. Lillian Mutavi | Daily Nation Media Group
This article was originally published in the Daily Nation
19Jan

Call for Expression of Interest: ICT Law Associate

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Job Opening |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA, www.cipesa.org) seeks to recruit an ICT Law Associate to support our work in the Internet Freedom thematic area. The Associate will contribute to CIPESA’s work related to digital rights capacity building, analysis and documentation of the impact of existing and proposed legislation on human rights and access to technology in Africa, among others. To this end, the Associate will perform the following roles:

  1. Lead the analysis of existing and proposed laws that would impact freedom of expression, privacy, and access to information;
  2. Identify and coordinate strategic litigation opportunities in the areas of freedom of expression, privacy, and access to information;
  3. Build the knowledge and skills of CIPESA partners and civil society groups on digital rights and ICT policy through training and ongoing support;
  4. Develop advocacy positions on internet freedom related issues
  5. Take part in public awareness and advocacy around internet freedom and good governance issues.
  6. Draft reviews and stakeholder submissions on bills under consideration by legislatures and amendments that impact on internet freedom and democratic governance.
  7. Contribute to ongoing learning and knowledge exchange within CIPESA’s programmes and partners.

The role is full time preferably based in Kampala, Uganda although other locations in East or Southern Africa may be considered. Initial contract span is one year with an expected start date of late February or early March 2017.
Required experience and qualifications

  1. Advanced training in Law and technology (preferably Master’s degree)
  2. Familiarity with ICT legal frameworks and best practices, both international and in Africa – notably in the countries where CIPESA works.
  3. Familiarity with African and international human rights instruments.
  4. Proven policy analysis, research and legal drafting experience.
  5. Strong advocacy skills including working with state and non-state actors.
  6. Ability to communicate effectively (orally and in writing), speak persuasively, express complex issues in simple terms and present ideas clearly and concisely
  7. Demonstrated knowledge of issues and actors in internet governance and internet freedom eco- system in Africa and internationally.
  8. Ability to work in a collaborative, team environment.
  9. Proposal writing skills a plus.

To apply
Submit an expression of interest with CV detailing previous experience and work done, proof of qualifications, two samples of your written work (for example articles, briefs, research reports) and salary expectations. All applications should be sent to [email protected] with subject line stating Application for ICT Law Associate. The deadline for submissions is 17.00 (East African Time) on January 31, 2017.
Applications received after the deadline will automatically be rejected.

14Dec

PRESS RELEASE: Tanzania Should Immediately Release Digital Rights Activist Maxence Melo

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By CIPESA Writer |
The police in Tanzania has detained Maxence Melo, a freedom of expression activist and co-founder of the popular online discussion platform, Jamii Forums. Although no charges have been brought against Melo, who was arrested at 1pm on Tuesday, December 13, his lawyer says the detention is an intimidation tactic on the backdrop of an ongoing case before the courts on the constitutionality of the Cybercrime Act of 2015.
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) strongly condemns this unjustifiable arrest, and urges Tanzanian authorities to immediately release Melo and henceforth cease any intimidation of Jamii Media (the company under which Jamii Forums is run), its staff, and other social media users. Melo’s arrest extends the steady and worrying deterioration in media freedom and internet freedom since President Pombe Magufuli took the reins of power at the end of last year. As one user on the platform noted, Jamii Forums provides Tanzanians with an alternative source of information in addition to “relying on traditional media outlets, which are increasingly becoming state-controlled.”
According to Melo’s lawyer, Benedict Alex Ishabakaki, the activist was arrested because of Jamii Media’s refusal to comply with police demands for disclosure of the identities of users who posted “sensitive information” on the platform. Last July, police officials issued a letter to Melo indicating intention to sue him for criminal liability for failure to comply with disclosure notices. In the letter, police put Melo on notice under Section 22 of the Cybercrimes Act 2015 for obstruction of investigations.
Section 22 of the Act states:
(1) A person who intentionally and unlawfully destroys, deletes, alters, conceals, modifies, renders computer data meaningless, ineffective or useless with intent to obstruct or delay investigation commits an offence and on conviction, is liable to a fine of not less than three million shillings or to imprisonment for a term not less than one year or both.
(2) A person who intentionally and unlawfully prevents the execution or fails to comply with an order issued under this Act, commits an offence and is liable, on conviction, to a fine of not less than three million shillings or to imprisonment for a term of not less than one year or to both.
See Cybercrimes Act 2015
A number of Tanzanian social media users have been charged under this law that took effect in September 2015. According to Ishabakaki, Jamii Media’s refusal to comply with the police disclosure notices was partly informed by a lack of regulations governing the Act. “At the time [the notices were issued], there were no mechanisms in place or procedures for disclosure of the requested information,” said Ishabakaki. Moreover, he added, “We refused to disclose the information because it is against the constitutional guarantees of individuals’ right to privacy under Article 18.”
In April 2016, after being issued with eight letters by Tanzanian police demanding the disclosure of the Internet Protocol (IP) addresses of users, Jamii Media went to court challenging the disclosure orders by the law enforcement agency. The users whose identities authorities sought were linked to bringing to light corruption scandals in the oil and banking sectors. According to the State of Internet Freedom in Africa 2016 report, the disclosure notices indicate a bias towards protecting notable figures implicated in scandals or against whom users have used profanities.
In its petition, Jamii Media challenged the arbitrary letters from the police and specifically the provisions of Section 32 and 38 of the Cybercrime Act that appear to infringe the right to be heard, the right to privacy and freedom of expression as provided for under the constitution. Initially, the government responded by raising six preliminary points of objection against the petition, which it termed frivolous and vexatious. The government stated that Jamii Media should explore other remedies rather than file a constitutional petition. During preliminary hearings, judges dismissed the objections and the case proceeded in court. A ruling on the case is due on February 20, 2017.
According to Ishabakaki, Melo’s detention tantamounts to police interference in the ongoing case, the issues of which are still before the constitutional court. “Police officers are misusing their power,” he said.
Prior to his arrest, Melo was summoned to appear in court, by way of telephone call. Upon arrival at the court, an officer told him to appear at a police station, where he was immediately detained.
“No charges have been filed. We were unable to apply for bail yesterday as the law requires detention for 24 hours before formal application of bail,” Ishabakaki told CIPESA on the morning of December 14. He added that police officials had indicated that Melo would appear in court this morning but as at 11am local time, this had not happened. “They are not prepared. It is just harassment. They want information from him,” said the lawyer.
Back in 2008, Melo, along with Jamii Forums co-founder Mike Mushi, were detained and interrogated by police for 24 hours in Dar es Salaam in what was believed to be a politically motivated attempt to shut down their site. Police confiscated computers used to host the website, causing it to go off air for five days while the equipment remained in police custody.
In September 2015, the Tanzania Human Rights Defenders Coalition (THRDC) filed a case challenging the constitutionality of some provisions of the Cybercrime Act, which it contends infringe constitutional provisions on freedom of expression, right to information, and privacy.
The Tanzanian government is accordingly urged to refrain from applying this law, or any other of the repressive laws that remain on its statute books, to gag legitimate expression by citizens be it in the online or offline domain.

18Nov

Using SMS to Promote the Right to Health in Tanzania

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By Ashnah Kalemera |
In pursuit of strategic mechanisms to promote and protect human rights in Tanzania, the Commission for Human Rights and Good Governance (CHRAGG) has this year embraced the use of digital technologies to advance the right to health among vulnerable communities and human rights practitioners in five regions in Tanzania.
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In August 2016, CHRAGG embarked on a campaign that leverages its SMS for Human Rights reporting system to improve rights awareness and protection for some hitherto marginalised groups. Under the drive, up to 100 commission staff at the head office in Dar es Salaam and three regional offices (Mwanza, Lindi and Zanzibar) have been trained to improve their understating of the right to health and to enable them to appropriately handle related violation reports received through the digital platform.
The CHRAGG training also benefited 190 individuals including sex workers, the elderly, women, health practitioners and local leaders who were trained on the principles of the right to health and how to monitor and report rights violations. Most of the training beneficiaries (61%) were female.
Breakdown of training beneficiaries
By Gender
gender
By category
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Vulnerable and marginalised communities such as indigenous people, women, and sexual minorities are often less likely to enjoy the right to health. According to the World Health Organisation (WHO), achieving all citizens’ right to health is closely related to other human rights including non-discrimination, access to information and participation.
The right to health includes both freedoms and entitlements.

Freedoms include the right to control one’s health and body (e.g. sexual and reproductive rights) and to be free from interference (e.g. free from torture and from non-consensual medical treatment and experimentation).

Entitlements include the right to a system of health protection that gives everyone an equal opportunity to enjoy the highest attainable level of health.

See WHO Health and Human Rights Factsheet

As a result of the training, CHRAGG staff have better understanding of minority rights and have incorporated this knowledge into their daily work. As stated by one staff member, the training enabled them to make the link between the right to health, free expression and equality. “I never thought [other rights] are covered in right to health,” he said. Another noted, “I did not know [that] the commission could be involved in this,” referring to protection of the right to health.
However, training participants highlighted concerns in using the system such as slow resolution of reports. Going forward, commission staff are expected to specifically categorise health rights violation reports received from minority and vulnerable groups as part of case handling procedures and work towards their speedy resolution.
In December 2012, CHRAGG launched the SMS for Human Rights System to make it easier for citizens to report human rights violations. Since then, the commission has conducted campaigns throughout Tanzania to raise awareness about the system. This has greatly boosted the number of reports received through SMS.
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The commission is developing and testing a minority groups’ database within the existing complaints handling system. Once implemented, the database will enable toll-free human rights violations reporting for minorities, efficient and confidential case management and follow-up, as well as disaggregation of statistics on minority rights abuses
Established in 2001 in fulfillment of Tanzania’s national constitution, CHRAGG plays the dual role of an ombudsman and a human rights commission for the protection and promotion of human rights and good governance.
CHRAGG is a member of the ICT4Democracy in East Africa Network whose work is supported by the Swedish International Development Cooperation Agency (Sida) and the Swedish Programme for ICT in Developing Regions (Spider). The network is coordinated by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
 

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