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08Nov

Shadow Report on Freedom of Expression Online in Rwanda

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Submission to the ACHPR |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has submitted to the African Commission on Human and Peoples’ Rights (ACHPR) a shadow report on the state of freedom of expression online in Rwanda.
The report outlines Rwanda’s legislative and related measures taken to promote and protect freedom of expression online, and provides the Commission with impartial information regarding Rwanda’s state of internet freedom and recommendations for improvement.
Article 62 of the African Charter on Human and Peoples’ Rights (the African Charter) requires all States Parties to the charter to submit after every two years, reports on the measures taken to effect the rights and freedoms guaranteed by the charter. Rwanda submitted reports for the period 2009 to 2016 on March 22, 2017. They were reviewed by the commission this week, with civil society groups such as CIPESA providing shadow reports and questions to inform the commission’s review.
In its report, the Rwanda government stated that freedom of the media and the freedom to receive information are recognised and provided for by law, adding that every journalist has the right to freedom of opinion and expression, including the right to seek, receive, give and broadcast information and ideas through any media. However, according to CIPESA’s shadow report, various laws and state practices continue to contravene these freedoms, notably constraining their enjoyment online. Surveillance and interception of communications, blockage and filtering of content, are among the problematic issues CIPESA’s shadow report raises
The Rwanda government stated that the access to information law is an entry point to improving journalists’ participation in political affairs and that it recognises the importance of an independent, professional media and ease of access to information as essential components of good governance and a sustainable social, economic and political development. It went on to specify national laws and statutory institutions that safeguard the right to expression and freedom of information.
However, the shadow report notes that the ICT law N° 24/2016 of 18/06/2016, Law No.60/2013 regulating the Interception of Communications, Criminal Procedure Code Law N° 30/2013 of 24/05/2013, and the regulation of SIM card registration of 2013 collectively contain some provisions that undermine freedom of expression online and privacy rights and contravene article 38 of Rwanda’s Constitution, international standards and best practices on freedom of expression, access to information and privacy rights.

As of June 2017, Rwanda’s internet penetration was estimated at 36.6 % (3,724,678 connections) with Facebook users estimated at 490,000, within a total population of 12,159,586. This shows an improvement from statistics recorded by the Rwanda Utilities Regulatory Agency (RURA) indicating mobile phone penetration rate of 79% and internet penetration at 33%, as of June 2016.

CIPESA’s report calls for a comprehensive review of all interception and privacy laws and policies to bring them into conformity with constitutional guarantees as well as international human rights standards and best practices on surveillance of communications by setting out clear legal parameters that ensure protection of freedom of expression and privacy rights.
For more details, see the full Shadow Report on Freedom Expression Online in Rwanda  submitted by CIPESA.

12Oct

Using FIFAfrica17 Conversations To Drive Change

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By Martha Chilongoshi |
The Africa I want is one that embraces diversity, promotes freedom of expression, values the right to information and prioritizes the elimination of all forms of discrimination on the basis of gender.
For my ideal Africa to be realized, actions, initiatives and conversations that challenge the status quo and disrupt structural systems which hinder development are very vital and this is what the Forum on Internet Freedom represents for me, an opportunity to meet like-minded people and share ideas as well as experiences on how to advance our societies for the better.
A communication for development professional like me finds great value in the Forum on Internet Freedom gatherings because it presents diverse opportunities for me to learn about the social, economic and political factors affecting internet access and usage in other countries in Africa and how I can apply lessons from there to address and solve prevailing issues in my own country – Zambia.
More importantly, the forum has deepened my knowledge on the role of the internet in the development agenda in that, I have been afforded the opportunity to meet my online community in an offline setting and build a support structure that offers solutions and coping strategies to challenges of internet shutdowns, restrictions on freedom of expression, women’s safety online, privacy and security among other things.
As a gender equality & human rights activist, I particularly enjoyed the session on “Finding equality in an age of discrimination online” with panelists, Emilar Gandhi (Facebook), Daniel Kigonya, (iFreedom Uganda), Caroline Tagny (CAL) and Fungai Machirori (APC). This was an important conversation for me because personally, I have committed to use my skills as a Journalist to create awareness and give prominence to issues that affect women and girls using social media and blogging platforms and in my experience, online spaces have not been spared from the patriarchal structures and attitudes that exist offline
Patriarchy has been defined in the Merriam Webster dictionary as;
– a social organization marked by the supremacy of the father in the clan of the family
– the legal dependence of wives and children, and the reckoning of descent and inheritance in the male line
– control by men of a disproportionately large share of power
With this in mind, it is not surprising that online spaces are being used to perpetuate the very inequalities that exist offline and policing how women and girls express themselves online, how they report violations and how they narrate their experiences. This is why the conversation on “Women’s safety online” by panellists, Francoise Mukuku (Si Jeunesse Savait DR Congo), Irene Kiwia (Tanzania Women of Achievement), Emilar Ghandi (Facebook) and Twasiima Patricia (Chapter Four Uganda) was also very key because it addressed the need to ensure women and girls are protected online and users of the Internet adhere to the set community standards and ideals that deter them from perpetuating abuse and discrimination.
I must add that apart from the panel discussions, I really enjoyed the personal conversations I had during tea and lunch breaks, one of my favourite discussions on the sidelines of the Forum was a conversation about feminism and gender equality with Tricia from Uganda and Tracey from Kenya. As the image below will show, we were so invested in the conversation and it was a brilliant, rich and empowering exchange of young women daring to stand up against structures and environments that perpetuate discrimination using online spaces.

Another key take away from these two sessions was the need to empower women and girls with information about their rights through access to the internet so they can recognise when those rights are being threatened or violated by another person. Often, women and girls are socialised and conditioned to think that they cannot make decisions without the approval of their male relations because from time in memorial, the power lies with men and women are constantly subjected to finding ways of not upsetting this hold on power and in effect remaining silent in the face of violence.
There are many progressive developments that online spaces have provided to ordinary people in terms of dealing with equality, freedom of expression and access to information. More people are now able to voice out on issues that affect them in real time and create a critical mass through social movements that have proved to be a force in challenging the powers that be. This has easily been evidenced by internet shutdowns by governments in Zimbabwe, Cameroon, Togo and Gambia among other countries.
This brings me to another conversation I found most intriguing at the forum themed “Privacy & Freedom of Expression” which was wonderfully moderated by Gbenga Sesan of Paradigm Initiative and featured panellists from state institutions namely James Mutandwa Madya (Ministry of ICT Postal and Courier Services Zimbabwe), Micheal Ilishebo (Zambia Police Service), Marian Shinn (MP, Parliament of South Africa) and Fortune Mgwili-Sibanda (Google).
For the last two years, my line of work has involved working on projects that are centred on democracy, good governance and civic participation especially during electoral processes and this particular conversation was key in understanding how state institutions view the internet and its power to connect people for social change. The conversation between the panellists and audience brought one thing to light, many African governments are threatened by the power that the internet gives to ordinary citizens and as a result, opt to shut it down in order to repress social movements that mobilise people towards an issue.
This can be proved by revisiting how the Zimbabwean government dealt with Evan Mawarire, a pastor whose social media movement dubbed #ThisFlag inspired thousands of Zimbabweans online and offline to demand for better conditions of living from their government. He had to flee his country because his family was no longer safe and when he eventually returned, he was immediately arrested and charged with “attempting to overthrow a constitutionally elected government”.
Another prominent case was that of Cameroon where the Internet was shut down for 3 months in the English speaking region of the country by the government. The shutdown caused hundreds of citizens to mobilise and find alternative means of accessing the internet and creating the hashtag #BringBackOurInternet to let the world know of the discrimination and suppression that was happening in Cameroon. Among the prominent Cameroonian voices that demanded for the restoration of the internet was the Forum’s keynote speaker, Rebecca Enonchong, Founder and CEO of Apps Tech who shared her experience on the impact of the internet shutdown on the rights and freedoms of Cameroonians and to a great extent, its impact on the economy.
If I have to sum up my experience at the forum on internet freedom 2017, I will say that it has given me a fresh and dynamic perspective of the internet, it has broadened my knowledge on the many ways I can use the internet as a tool and an enabler for my human rights activism and encourage civic participation in my community. It has also allowed me to see the economic impact that an internet shutdown can have on a country and for me, this is a great angle from which to advocate for an open, neutral and free internet.  I can’t wait for next year’s conversation!


Originally published on the Revolt For Her website
 

12Oct

Internet shutdowns take centre stage at #InternetFreedomAfrica forum

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By Shitemi Khamadi |

When figures are put forth, bringing the arguments of something to the table, the conversation changes. One starts to look at the loss accrued from their actions or inactions and make an informed decision. In the same vein, when people come together to fight for a course, a just course, the likelihood of succeeding is higher.

This was the case at the Forum on Internet Freedom in Africa 2017 where the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) launched a report affirming that over a period of 236 days, internet disruptions in 10 African countries led to loss of US$237 million. That is a colossal amount, equivalent to some budgets of key infrastructure projects on the continent.

Meanwhile, the 2017 State of the Internet Freedom in Africa Report themed; Intermediaries’ Role in Advancing Freedom: Challenges and Prospect also highlighted the critical role of telecommunications companies in government-initiated shutdowns and censorship.

In a panel on privacy and freedom of expression, a representative from Zimbabwe’s Ministry of ICT, Postal and Courier Services asserted that the country will not shutdown the internet. Neither will they disrupt social media. The official stated that the negative effects of shutdowns initiated in other countries were clear and limiting access to the internet stifles expression, causes more harm than good. For an otherwise autocratic regime, this is telling of its appreciation of the impact technology has on the lives of citizens; social-economic and political.

Equally important to the debate about quantifying the cost and impact of shutdowns was the session titled ‘Unmasking the real impact of internet shutdowns in Africa’. The panellists included Fiona Asonga from Tespok, a Kenyan organization that brings together telecom operators but also software & hardware developers & ICT hubs.

Asonga shared on policy advocacy efforts to push back against the Cameroonian government’s shut down of the internet in the English speaking regions for 93 days.  She emphasised that continuous engagement was key to ensuring progressive actions from such governments.

The #KeepItOn session was great for advocacy enthusiasts. Here, coalition experiences of how to fight back against shutdowns were shared including joint condemnation letters to authorities and social media campaigns. Perhaps the most piercing is the collecting and dissemination of individual impact stories on the negative effects of shutdowns to lives. Such, go beyond abstract thoughts and conversations to real life scenarios.

Privacy was another recurring theme at the Forum with discussions highlighting the lack of data protection policies in many African countries, which had led to a growing trend of data breaches. For instance in Kenya where data protection is not well regulated, concerns arise as to whether intermediaries care an inch about the tons of private data they have on people. Kenyans receive unsolicited SMSs from politicians and businesses about their products. They can easily blame telcos for sharing their data but between the telco and themselves, lay tens of places like buildings and mobile money outlets where details are disclosed and any unscrupulous individual can mine for personal gain.

What was lacking from these conversations were insights on how African countries can fast track implementation of effective data protection laws. Going by the example of the Access to Information Act in Kenya that took the Private Members’ Bill approach after government stalled, could such an approach be explored towards citizens’ realisation of the right to privacy?

Overall, sessions at the Forums were quite timely, and so were the practical digital security clinics run by Access Now and DefendDefenders to ensure activists are equipped with the necessary skills and knowledge to work safely and securely.

Here is to a toss The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Association for Progressive Communications for a good job done.

The article was originally published on the iFreeKe website

11Oct

Strategic Litigation as an Answer to Preventing Internet Shutdowns?

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By Kuda Hove |
Zimbabwean lawyer and activist Kuda Hove reflects on a workshop he attended on strategic digital rights litigation hosted by the Berkman Klein Center for Internet & Society at Harvard University and Media Legal Defence Initiative as well as on various discussions from the  recently concluded Forum on Internet Freedom in Africa.
The Forum on Internet Freedom in Africa 2017 (FIFAfrica17) was a great platform to learn more about the issues plaguing the African Internet space. The event was also a  platform to interact with some of Africa’s sharpest Internet activists and explore opportunities for collaborative interventions for advancing internet freedom on the continent.
From the Strategic Digital Rights Litigation training workshop, I learned how litigation can serve as a tool to promote and protect online rights in various African jurisdictions. It was also in this workshop that I learnt about the role of African Regional Courts in internet and information rights related matters which are referred to them by African nationals, as evinced by the case of Lohé Issa Konaté v. The Republic of Burkina Faso in which the right to freedom of expression and freedom of the press were upheld.
I come from Zimbabwe where referral of cases to regional courts such as the African Court of Human and Peoples’ Rights is rare. In the past, Zimbabweans have successfully referred a land matter to the Southern Africa Development Community (SADC) Tribunal. However, the government of Zimbabwe ignored the SADC Tribunal ruling and pushed for changes to be made to the SADC Tribunal. As a result, it is no longer possible for private SADC citizens to directly report State sponsored human rights violations to the SADC Tribunal. It was therefore, interesting to interact with session facilitators and participants who were conversant in the procedure involved in approaching other African regional and supranational courts.
The various discussions on Internet shutdowns in Africa were of interest to me especially when the Forum’s keynote speaker Rebecca Enonchong, described her experience during Cameroon’s 93 day internet shutdown which took place between January and April 2017. She said the deliberate shutdown of the Internet in English speaking parts of Cameroon led to a rise in “Internet refugees.” That is, individuals who travelled from parts of Cameroon without the Internet to other parts of the country where Internet was available for the purpose of accessing social media messages, emails and other Internet based communications.
The concept of Internet refugees reminded me of the experience of some of the rural populations in Zimbabwe. We might not have experienced internet shutdowns, but access to the Internet in areas outside of main cities and towns remains problematic, largely due to lack of infrastructure. Access to the Internet is still directly affected by factors such as access to electricity, sparsely populated cellphone towers, and lack of any substantial fixed line networks in rural areas. These infrastructure inadequacies contribute to the growth in the digital divide between urban and rural populations. Residents in rural areas are left with no choice, but to travel from their homes to the nearest clinic, growth point, or other business centre for the sole purpose of accessing mobile networks which allow them to communicate over the Internet. Given that rural women are seized with domestic roles, it is usually men who are able to travel to these areas with mobile network access, thus contributing to a gender divide when it comes to the use of ICT based communications in rural areas.
The panel discussion on the impact of Internet shutdowns raised a number of thought-provoking points and questions. For example, how do activists convince governments not to shut down the internet in their respective countries? Would an economic argument based on the negative economic impact Internet shutdowns have on national economies be effective? Or is it more effective to argue against Internet shutdowns from a human rights perspective which highlights the fact that the United Nations has recognised access to the Internet as a human right that must be protected? Despite both these arguments, the trend of internet shutdowns initiated by African governments continues to grow, which indicates that they do not care about economic loss resulting from Internet shutdowns, and the same governments have also shown a culture of impunity in respect for human rights.
I walked away from #FIFAfrica17 pondering how successful strategic litigation against an African government which has shut down the internet might be. In my mind, this would be an attention-grabbing test case which just might be a solution and deterrent to errant African governments. Such a case would be argued before a court such as the African Court of Human and Peoples Rights. The legal basis for this challenge would be that the government in question has violated its citizens’ fundamental rights such as the right to access to information, right to freedom of expression, and the right to freedom of assembly. These rights all enjoy protection under the African Charter on Human and People’s Rights and their violation is a violation of this continental instrument. Furthermore, private sector players can even act as amici curiae and provide proof of the economic prejudice they have suffered as a direct result of being cut off from the Internet. Time will tell whether such strategic litigation will prove effective in the fight against Internet shutdowns in Africa.

11Oct

“Fake News” and Internet Shutdowns in Africa – What is to be Done?

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By Jimmy Kainja |
Malawian lecturer and  blogger, Jimmy Kainja participated at the Forum on Internet Freedom in Africa 2017. He shares some insights on fake news and internet shutdowns post the Forum.

In 2016 after attending my first Re:publica, a techie conference in Berlin, I wrote of a need for Africa to have what I called a “collective thinking space” where like-minded actors on the African continent would converge to share ideas and inspire each other. The Forum on Internet Freedom in Africa, 2017 (FIFAfrica17) which was held in Johannesburg, South Africa which I recently attended was the type of gathering that I wrote about in 2016.

Organised by Corroboration on International ICT Policy for East and Southern Africa (CIPESA) and co-hosted by the Association for Progressive Communication(APC), the peak of FIFAfrica17 was the launch of two important reports by CIPESA: State of Internet Freedom in Africa 2017 and the Cost of Internet Shutdowns in Africa. The reports highlight how influential new technologies, specifically the Internet have become in African politics over the years. Speaking at the Forum, Google’s Fortune Mgwili-Sibanda, observed that not withstanding the low Internet penetration rate on the continent, the Internet today has become important to African politics in a similar way that broadcasting was in the age of coups in Africa.

State broadcasting stations were always among the first institutions to be ceased by successful coup leaders so they could announce their victories and spread propaganda. Today, noted Mgwili-Sibanda, authoritarian states are quick to shutdown the Internet to maintain power and control. The age of the Internet has arrived in Africa and it is only right that Africans engage with new technologies critically – FIFAfrica17 provided that space.

Apart from critical issues concerning security and gender equality online, cost of the Internet, freedom of expression, access to information and privacy online, there were two specific issues that stood-out for me: “fake news” and of Internet shutdown. “Fake news”, perhaps I happened to sit on its discussion panel and Internet shutdowns because for the first-time I got to meet people who have directly been affected by fake news and they spoke passionately about it.

Some thoughts on these two issues:

“Fake news”

We must first understand that the central problem with “fake news”, and this is why it matters, is the centrality of access to information in democratic societies. Information is a pre-requisite for citizen’s public participation, and meaningful public participation can only be realised when citizens have accurate and critical information. This can only be realised through free and independent media providing accurate and verified information, not “fake news”.

Of course “fake news” has always been around in various forms and guises – it is still the same today. There are “fake news” producers only using it as click-baits, the motive here is nothing more than monetising. Then there is “fake news” informed by cultural myths – in Africa, certainly in Malawi where I come from, you always have media reporting on cases such as witchcraft planes having landed somewhere, is this not “fake news”? Then the most critical one: deliberate “fake news” aimed at deceiving the audience, harming someone, maintaining or attaining power.

The first version of “fake news” is likely to drift away as society figures out this disruptive technology. The second version is harmless – societies are bound and they exist by cultural beliefs and myths. We must be worried with the third version of “fake news” as it is politically motivated and its consequences have a greater impact in society.

In some cases there is nothing that media institutions can do to stop the spread of “fake news”, and this is one of the reasons that the “fake news” phenomenon is technology specific – the Internet. Yet, this also emphasises the critical role that journalists have in ensuring that the public have access to accurate and credible information.

Verification and fact-checking in journalism have never been so important. It is also the only way that journalism is going to maintain its credibility intact. As the saying goes, it is better to be late and accurate than break inaccurate or incorrect news.

Internet Shutdowns

The cost of Internet shutdowns is colossal as indicated in the report launched at FIFAfrica17. Yet, for paranoid political leader trying to maintain control and power, there is no price that cannot be paid.

But then it is crucial to appreciate that Internet shutdowns involve two players – government and service providers. Governments are interested is shutting down the Internet to close off citizens expressing their dissatisfaction and misgivings about the government. While service providers have to abide by government orders or risk loosing operating licenses. Service providers are not charity organisations – their prime motive is to make profits.

This leaves civil society to battle for open and accessible Internet for all, against the collusion between governments and service providers. Gatherings such as FIFAfrica17, though seemingly techie niche, are thus very important for activists, civil society groups, academia etc. to bang heads, share experiences and chart the way forward.

If everything in the past has failed to bring about African consciousness and solidarity among the huge diversity of Africans then Internet is proving an exception. According to a 2015 Portland Communication study, “Africa Tweets” the political #hashtags in Africa show that there is more solidarity among Africans online – or at least on Twitter. South Africa’s #feesmustfall hashtag was more popular in Egypt than South Africa itself, for example.

This article was first published on Jimmy Kainja’s blog Spirit of Umunthu

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