“What Next for Advocacy Against Network Disruptions?

By David Sullivan |

Few events bring together the multitude of actors with a stake in tough technology and human rights challenges quite like the Internet Governance Forum, or IGF. The 2018 edition, held in Paris and hosted by UNESCO, was no exception, with nearly 2,000 delegates from 143 countries. It was a particularly suitable setting for the Global Network Initiative, or GNI, to
gather a panel of experts to reflect on the alarming trend of government-ordered network disruptions.

The sharp increase in the number of major government-ordered disruptions from 2015 to 2017. Figure from Jan Rydzak’s report for GNI: “Disconnected: A Human Rights-Based Approach to Network Disruptions.”

Collaborating with the Open Internet for Democracy Initiative, GNI brought members and experts from civil society, the private sector, and international organizations together to consider challenges and opportunities for the movement fighting network disruptions. Session moderator Daniel O’Maley from the Center for International Media Assistance opened the conversation by noting that disruptions are increasing worldwide, affecting both democracies as well as authoritarian countries. With this prompt, the speakers highlighted successful advocacy initiatives and shared their insights into this concerning trend.

Usama Khilji from Pakistani civil society organization Bolo Bhi described how network disruptions have become normalized in many societies, with an increasing expectation that connectivity will not be available around events like public holidays or political protests. He said there is little evidence that the use of network disruptions and shutdowns during sensitive moments is effective at providing security for citizens and stressed the importance of making this point with policymakers.

Providing a company perspective, GNI Board member Patrik Hiselius from Sweden’s Telia Company described tools that help companies contend with “unusual requests” such as disruption orders. Telia has a form they use to assess risks and escalate such requests, ensuring senior company officials are informed and reducing security risks for staff on the ground. He also highlighted GNI’s one-page guide on the negative consequences of shutdowns, a document that arose out of a brainstorming session at the 2016 IGF and which has now been translated into 12 languages.

Ashnah Kalemera from the Collaboration on International ICT Policy in East and Southern Africa, or CIPESA, discussed their work documenting the economic impact of disruptions on the African continent, which was used successfully in advocacy to prevent shutdowns in Ghana and Kenya and to strengthen partnerships with the private sector and technologists.

Representing our hosts at UNESCO, Xianhong Hu described network disruptions as a threat to Internet universality and suggested the indicators they have been developing may be a useful tool for documenting and discouraging such actions.

Lastly, participating remotely from Cameroon and persevering through technical difficulties, entrepreneur and activist Kathleen Ndongmo said that governments who shut down the Internet are not only blocking democracy but also costing their societies millions of dollars in lost business. She urged the audience to collaborate at the regional level to push for the passage of legislation that protects rights and innovation, such as Nigeria’s Digital Rights and Freedom Bill.

The audience contributed to the discussion with probing questions and comments, from how strategic litigation may contribute to the fight against disruptions to a reminder of the significant privacy risks from surveillance in many settings when networks remain on.

The discussion left me reflecting on more than two years of work by GNI to build consensus among our members and with policymakers on this issue. Early on, we faced challenges bridging very different perspectives and postures among human rights NGOs and telecommunications and Internet companies. Through discussion and deliberation, we reached consensus on a common position in 2016. Since then, we have developed tools and conducted research, convened experts and affected communities, and brought the digital rights and technology policy communities into alignment as powerful voices. But network disruptions are blunt instruments that affect a far wider population than just the technology industry. We need to marshal a much broader movement, one including the media, labor unions, and a wider set of sectors, to demonstrate the consequences of government-ordered shutdowns and educate policymakers about alternatives.

In his rousing opening address to the IGF, UN Secretary-General António Gutteres said “we must be more than multistakeholder, we must also be multidisciplinary,” and he went on to “urge your digital discussions to move beyond the so-called ‘usual suspects’.” Following his lead, we need a concerted effort to forge greater and new alliances, between both online and offline communities, if we are to keep free and open networks connected around the globe.

This article was first published on November 29, 2018 on GNI Website.

Why Uganda’s Government Should Take a Different Path to Social Media and Mobile Money Taxation

Statement |
There has been widespread concern over newly introduced levies on social media access and mobile money transactions in Uganda, which are widely considered a threat to internet access and affordability, as well as to freedom of expression and access to information. The effects of the taxes that took effect on July 1, 2018, were the focus of discussions at a recent stakeholder dialogue  organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Internet Society Uganda Chapter.
At the dialogue, entrepreneurs, journalists, lawyers, activists, technologists, and academics shared their perspectives and experiences, resulting in a set of recommendations to the government on alternatives to the current modes of taxation.
The government says the taxes are needed so as  to expand the country’s tax base. In the 2018/2019 national budget speech, the finance ministry estimates that up to UGX 486 billion (USD 131 million) could be collected annually by 2022 from taxes on social media Over-The-Top (OTT) services.
However,   presenting early results on an ongoing study on the impact of the taxes, Dr. Christopher Stork of Research ICT Solutions stated that the country’s rural-based users of social media and mobile money will be hardest hit by the taxes, increasing the percentage of the unconnected and resulting in decreased revenue for telecom/ internet operators. He said this would ultimately lead to reduced growth in the gross domestic product (GDP) and hamper job creation.

Image above: Comparison of taxes against average income across regions in Uganda | Source:  Research ICT Solutions

Image above: Prepaid products user tax burdens | Source:  Research ICT Solutions
This study’s preliminary results affirm earlier contentions, such as by the After Access researchers, that those who marginally afforded internet services before the taxes were introduced are likely to now find internet use totally unaffordable, thereby increasing the percentage of the unconnected.
Meanwhile, Dr. Abdul Busuulwa, Executive Director at Community Based Rehabilitation (CBR) Africa Network, said whereas social media and mobile money platforms had eased the lives of persons with disabilities (PWDs),However, the increased cost of accessing these platforms due to the new taxes had reversed these  gains. He said platforms like WhatsApp were helping in disseminating critical information among people with hearing difficulties before the added cost of using social media rendered them unaffordable to members of these groups, who he said already faced challenges in finding employment and often relied on financial support from others.
The impact of the taxes on the use of online platforms for civic engagement on local governance was described by Samuel Mumbere, ICT Officer at the Kasese District Local Government in Western Uganda. According to Mumbere, whereas introduction of the taxes had prompted a rise in the use of Virtual Private Networks (VPNs) by community members who needed to maintain avenues of social accountability and access to information in the district, many were concerned about the additional costs related to data usage by some VPN products.
On the access to justice front, the online legal knowledge and support platform, Barefoot Law, was cited as a social media-based service that had enabled citizens to access legal support and services which the poor are often excluded from due to financial constraints. Such platforms are also threatened with reduced use by citizens due to the taxes.
Those in e-commerce cited barriers to accessing their clients, and reduced competitiveness of their products and services, due to the taxes. The Managing Director of Jumia Uganda noted that the company’s work with some 3,000 different sellers, 1,000 hotels, and over 200 restaurants had experienced strained operations as their operations relied greatly on social media.
Although the mobile money transactions tax is under review, with a new bill tabled before parliament proposing to reduce the tax from 1% to 0.5%, this does little to address the impact the tax will still have on financial inclusion. Feminist and writer, Edna Ninsiima, highlighted the role that mobile money has played in empowering unbanked women. She said the new transaction fees are affecting the financial independence of women – including building a savings culture – where it had been growing steadily.
Meanwhile, Kojo Boakye, Public Policy Manager, Access and Connectivity, Facebook, cited the counter impact of the taxation on digital dividends including efforts to extend connectivity and broadband penetration. He questioned the likelihood of the tax raising the projected revenue, adding that  the tax could also have an impact on the investment decisions of investors in infrastructure. In 2017, Facebook, in partnership with Airtel Uganda and Bandwidth and Cloud Services (BCS) Uganda announced  a USD 100 million project to lay nearly 800 km of fibre optic cable in north-western Uganda. Like Facebook, Google has also worked to extend connectivity in Uganda with infrastructure investments including a wifi project in the capital, Kampala.
Overall, participants at the dialogue pointed out that the taxes are not only discriminatory in nature but also disenfranchise already marginalised and vulnerable communities including PWDs, women, youth and rural communities. They called on the government to reassess its position on the taxes without inhibiting growth in ICT usage and innovation. The dialogue was also introspective with many noting that more proactive and collaborative efforts should be pursued by non-state actors, especially research and participating in consultative policy processes, to enhance informed decision-making by the government.
 
 

Uganda: New social media tax will push basic connectivity further out of reach for millions

By Alliance For Affordable Internet |
Uganda’s government has passed a new tax that will require citizens to pay UGX 200 (US$0.05) per day in order to use messaging and voice over-the-top services (OTTs), including Facebook, WhatsApp, Twitter, and Viber. The tax, slated to take effect on 1 July, will push the cost of basic internet access further out of reach for millions of low-income Ugandans. The government must take urgent action to reverse this measure.
The Excise Duty (Amendment) Bill 2018, passed last week by the Ugandan Parliament, calls for telecommunications service operators providing data used to access OTTs to pay an excise duty on this access. According to Reuters, the country’s mobile network operators are likely to pass these costs on to consumers, levying a daily tax on each SIM card used to access the relevant platforms and services. The impact on consumers in Uganda — and particularly on low-income users — will be significant, and is likely to force many of these users to curb their internet usage, or to forego access entirely.
Only five other countries in Africa (where data was available) have more expensive mobile internet plans than Uganda. At the end of 2016, a 1GB mobile broadband plan in Uganda cost more than 15% of average monthly income. This high cost is keeping Ugandans offline — according to the GSMA, individual mobile internet subscriber rates in Uganda stand at just 18% of the population.
The true cost to connect is even higher for those earning less than the average national income (i.e., less than US$630/year). For the lowest income group in Uganda (see graph below), purchasing the same 1GB plan costs them 30% of their average monthly income. With the excise duty in place, this cost to connect for Uganda’s poorest will jump by 10%, resulting in just 1GB of data costing them nearly 40% of their average monthly income. The richest Ugandans will also experience an increase of 1% in their cost to connect, and by and large, this new excise duty disproportionately and negatively impacts low-income Ugandans and their ability to affordably access the internet.

he Ugandan government has argued that such a tax is necessary both to reduce gossip (“lugambo”) on these platforms, and to raise funds needed to address the impacts of comments made on social media that are critical of the government. However, it has not provided any explanation as to how such a tax might change what people say on the platforms, nor how the funds collected would be used to address these impacts.
The government has also argued that this tax will help promote local content development by placing a tax on “imported content.”  As consumers increasingly shift toward data-based services, mobile operators will have new opportunities to develop and offer their own OTT services on their networks. However, the current language in the bill makes the duty applicable to all voice and messaging OTTs, including those that could potentially be developed by mobile operators or Ugandan firms. This is precisely why regulators in other countries have opted not to intervene on OTTs — so that local companies can innovate and create jobs and value in the telecoms market. The government of Nigeria, for example, previously considered a tax on internet use, which was eventually scrapped as a result of studies showing it would make access unaffordable for millions of people.
For other local firms that rely on voice and messaging apps for sales and service, for example when they use WhatsApp to communicate with customers, this duty will hurt their businesses. Finally, from a consumer view, these services offer value for money to communicate and share with others beyond what existing voice and messaging services can provide.
Stifling internet uptake and use is also likely to result in failure to achieve the goals laid out in the Digital Uganda Vision.The ICT sector contributed 3.4% to Uganda’s GDP in 2015, and increasing internet access has the potential to spur significant socio-economic growth — a recent study showed that a 10% increase in mobile broadband penetration can increase economic growth by nearly 3%.
We urge the government of Uganda to:

  • Repeal the excise duty amendment before it goes into effect, and
  • Adopt an evidence-based approach to policy making for the sector, with a specific focus on better broadband planning, increased public access solutions, innovative spectrum policy, and more efficient use of universal service and access funds.

By focusing instead on these areas, the government can have a far more positive impact on increasing internet access, and promoting local content development and innovation.
Featured image: Bustling street scene in Kabale, Uganda (Photo credit: Adam Cohn, CC BY-NC-ND 2.0)

Internet Freedom In Africa And The Universal Periodic Review

By Ashnah Kalemera |
Human rights review mechanisms such as the United Nations Universal Periodic Review (UPR) and the Africa Commission on Human and People’s Rights (ACHPR) provide a unique opportunity to address human rights concerns in African countries.
The cooperative nature of the review mechanisms allows different stakeholders to make country submissions for consideration by the Human Rights Council (HRC) at the UN or at sessions at the ACHPR, resulting in country recommendations for action. For the UPR, the immediate outcomes of reviews can include country adoption of recommendations made by other countries. At subsequent reviews, countries are expected to state what they have done to fulfil obligations and commitments to recommendations from previous reviews, including any challenges faced in implementing the commitments.
Currently, there is limited participation by African civil society in the UPR process despite the UPR providing a framework within which activists and human rights defenders can lobby governments to promote different rights and freedoms. In particular, there is limited work by African actors to promote internet freedom through the UPR.
In the period 2014–2016, stakeholder submissions to the reviews of African countries were dominated by international organisations and human rights bodies such as Article 19, Human Rights Watch and Amnesty International. Whereas a number of national human rights commissions of the respective countries make submissions, there has been limited input from Africa-based civil society. The figure below gives an overview of the varied level of participation by Africa-based organisations in UPR stakeholder submissions of select countries on the continent. (Source www.upr-info.org)
 
Meanwhile, submissions remain focused on so-called offline rights including women and children’s rights, land rights, sexual rights, the death penalty, health rights, education rights as well as the rights of refugees and persons with disability. A growing but limited number of submissions are focused on both online and offline rights including on access to information, access to the internet, free speech and media freedom, freedom of assembly and association, and privacy.
Various factors play a role in the limited participation of African civil society in the UPR processes, including low awareness among organisations of the cycle periods and opportunities to make submissions or statements. Further, capacity to make individual submissions may be limited (majority of the in-country/continent-based organisation submissions in the chart above were joint submissions with international human rights organisations). This gap in skills and knowledge presents an opportunity for interventions aimed at research, training, and support for African civil society to deliver stakeholder submissions, particularly on digital rights with reference to offline rights.
There is an opportunity for in-country follow up and advocacy on recommendations – both those adopted and those deferred. Further, there is opportunity for stakeholders to organise side events at the UPR to promote dialogue and engagement not only with government representatives for countries under review but also with other governments who have progressive records on internet related rights that can contribute to related recommendations. For stakeholders not able to attend sessions in person, there in a provision to follow the proceedings remotely via live broadcast. Social media holds much promise in ensuring wider audience reach for advocacy and information dissemination – see for instance #UPR26.
Accordingly, from 2018 to 2021, CIPESA, Small Media and a coalition of regional partners will be working to support civil society organisations across Africa to engage with the UPR process through research, capacity development and advocacy. The 15 African focus countries are Angola, Ethiopia, Gambia, Kenya, Liberia, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, Tanzania, Uganda and Zimbabwe.
The first engagement for the project was conducted at the Internet Policy in Africa Research Methods workshop which was held in Kampala, Uganda from February 26-March 3, 2018. Related sessions during the workshop introduced participants to core processes of the UPR and ways in which the UPR can deliver internet policy impact. Furthermore, participants were equipped with skills in research, strategic communication and advocacy through data-driven campaigns for UPR engagement.
 
 

Aid And Development Summit 2018, Set To Take Place in Nairobi

Announcement | The Collaboration on Internetaional ICT Policy for East and Southern Africa (CIPESA) is proud to be a media partner of the upcoming 3rd annual Aid & Development Africa Summit set to take place on February 27-28, 2018 at Safari Park Hotel in Nairobi, Kenya.
The summit will once again unite 300+ humanitarian and development leaders, decision makers and advisors committed to achieving the Sustainable Development Goals (SDGs) in the region. It presents an opportunity to explore best practice, policy and project updates, innovation and partnerships in ICT, data and mobile solutions for humanitarian and development programmes.
Participants will gain first hand insights from development banks, donors and government agencies into their financing priorities and funding guidelines as well as benefit from networking opportunities.
The agenda will explore innovations and best practice in emergency communication, connectivity and social networks and discuss the impact of mobile devices on development work. Expert speakers including Kasirim Nwuke, Chief, New Technologies and Innovation, United Nations Economic Commission for Africa (UNECA), Olawale Maiyegun, Director, Department of Social Affairs, African Union Commission and Mamadou Biteye, Managing Director, The Rockefeller Foundation will share insights and ways to drive sustainable innovation and support community resilience in East Africa.

Session Focus: The Tech Revolution and a look into the future:
The world has an ambitious goal to end extreme poverty by 2030. But, without good poverty data, it is impossible to know whether we are making progress, or whether programs and policies are reaching those who are the most in need. Discussion points include:

  • Overall impact on the Tech Revolution on Development and Humanitarian fronts in Africa
  • Emerging trends and how they can benefit data and measurement of poverty eradication trends
  • Is using technology to collect data a new solution to an old problem?

The Summit agenda includes keynote presentations, interactive sessions, themed roundtables, speaker panels, Innovator of the Year Award and an evening drinks reception to engage with decision makers and key stakeholders in Africa’s aid and development sectors.
The Aid & Development Africa Summit advocates for cross-sector approach through inclusive, effective collaboration and coordination between national and international NGOs, government and UN agencies, Red Cross, donors, investors, development banks and the private sector.
 “The summit was well organised, it was beneficial and provided me with knowledge and insight on issues ranging from ICT, agriculture health, disaster preparedness, irrigation etc, all which are part of my job in the office” – Asanterabi C. Sangenoi, Prime Minister’s Office Tanzania
Save the date and reserve your place here to be part of the most influential aid and development conference in Africa.
For more information about Aid & Development Africa Summit, please visit http://www.africa.aidforum.org or get in touch with Alina O’Keeffe, Head of Marketing, Aid & international Development Forum (AIDF) at [email protected]