Open Letter To Cameroonian Government On Internet Connectivity In Anglophone Regions

Open Letter |
On January 22, 2017, Civil Society Organizations from around the world sent the following open letter to The President of Cameroon, Minister of Posts and Telecommunications, and Minister of Communication, on ongoing Internet blackout in anglophone regions of the country.

Internet Sans Frontières - CC BY-NC-SA 3.0 FR

Internet Sans Frontières – CC BY-NC-SA 3.0 FR

Re: Internet Connectivity in the Republic of Cameroon
Your Excellencies,
We are writing to urgently request that you restore Internet access in the South West and North West regions of Cameroon. Multiple reports, including ours, indicate that your government ordered operators to block communications over the internet in the anglophone regions of the country. [1]
We implore you to keep the internet on.
Research shows that internet shutdowns and violence go hand in hand. [2] Shutdowns disrupt the free flow of information and create a cover of darkness that allows repression to occur without scrutiny. Worryingly, the Republic of Cameroon would be joining an alarming global trend of government-mandated shutdowns around election issues, a practice that many African Union member governments have recently adopted, including:  Burundi, Congo-Brazzaville, Chad, Gabon, Egypt, Sudan, the Central African Republic, Niger, Democratic Republic of Congo. [3], [4], [5], [6], [7], [8], [9]

Internet shutdowns — with governments ordering the suspension or throttling of entire networks, often during elections or public protests — must never be allowed to become the new normal.

Justified for public safety purposes, shutdowns instead cut off access to vital information, e-financing, and emergency services, plunging whole societies into fear and destabilizing the internet’s power to support small business livelihoods and drive economic development. In addition, a study by the Brookings Institution indicates that shutdowns drained $2.4 billion from the global economy last year. [10]
The Internet shutdown imposed in anglophone territories of Cameroon will hit hard on the burgeoning digital economy, which is blossoming in Cameroon’s Silicon Mountain, Buea. [11]
International Law
A growing body of jurisprudence declares shutdowns to violate international law. The United Nations Human Rights Council has spoken out strongly against internet shutdowns. In its 32nd Session, in July 2016, the Council passed by consensus a resolution on freedom of expression and the internet with operative language on internet shutdowns. The resolution, A/HRC/RES/32/13, « condemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and calls on all States to refrain from and cease such measures. » The Council intended this clear declaration to combat the blocking and throttling of networks, applications, and services that facilitate the freedoms of expression, opinion, and access to information online. In addition, the African Commission on Human and Peoples’ Rights stated in its November 2016  Resolution on the Right to Freedom of Information and Expression on the Internet in Africa that it was “Concerned by the emerging practice of State Parties of interrupting or limiting access to telecommunication services such as the Internet, social media and messaging services, increasingly during elections.” [12]
In 2015, various experts from the United Nations (UN) Organization for Security and Co-operation in Europe (OSCE), Organization of American States (OAS), and the African Commission on Human and Peoples’ Rights (ACHPR), issued an historic statement declaring that internet “kill switches” can never be justified under international human rights law, even in times of conflict. [13] General Comment 34 of the UN Human Rights Committee, the official interpreter of the International Covenant on Civil and Political Rights, emphasizes that restrictions on speech online must be strictly necessary and proportionate to achieve a legitimate purpose. Shutdowns disproportionately impact all users, and unnecessarily restrict access to information and emergency services communications during crucial moments.
The internet has enabled significant advances in health, education, and creativity, and it is now essential to fully realize human rights including participation in elections and access to information.
We humbly request that you use the vital positions of your good offices to:

  • Ensure that the internet connectivity, including social media, is restored in the anglophone regions of the republic of Cameroon in the coming period
  • Publicly declare your commitment to keep the internet on, including social media
  • Encourage telecommunications and internet services providers to respect human rights, including through public disclosures and transparency reports.

We are happy to assist you in any of these matters.
Sincerely,

  • Access Now
  • Internet Sans Frontières
  • Internet Sans Frontières-Togo
  • Africtivistes
  • Cameroon Ô Bosso
  • Droit au Droit
  • Réseau des blogueurs du Burkina Faso
  • Réseau Panafricain des Défenseurs des Droits Humains
  • Afrika Youth Movement
    Voice of Women Initiative
    Coexistence with Alternative Language and Action Movement- Tunisia
  • The Collaboration on International ICT Policy in East and Southern Africa (CIPESA)
  • Pen Plus Bytes
  • Unwanted Witness Uganda
  • Center for Media Research
  • Media Foundation for West Africa
  • Campaign for Human Rights and Development
  • African Freedom of Expression Exchange (AFEX)
  • Center for Democracy and Technology
  • Paradigm Initiative Nigeria
  • Internet Freedom Forum
  • ADISI-Cameroun
  • Société des Amis de Mongo Beti (SAMBE)

Notes:
[1] Julie Owono, Regional Internet Blackout In Cameroon (Report by Internet Sans Frontières, 20 January 2017) <http://internetwithoutborders.org/fr/regional-internet-blackout-in-cameroon/
[2] Sarah Myers West, ‘Research Shows Internet Shutdowns and State Violence Go Hand in Hand in Syria’ (Electronic Frontier Foundation, 1 July 2015) <https://www.eff.org/deeplinks/2015/06/research-shows-internet-shutdowns-and-state-violence-go-hand-hand-syria> accessed 18 February 2016.
[3] ‘Access urges UN and African Union experts to take action on Burundi internet shutdown’ (Access Now 29 April 2015) <https://www.accessnow.org/access-urges-un-and-african-union-experts-to-take-action-on-burundi-interne/> accessed 18 February 2016.
[4] Deji Olukotun, ‘Government may have ordered internet shutdown in Congo-Brazzaville’ (Access Now 20 October 2015) <https://www.accessnow.org/government-may-have-ordered-internet-shutdown-in-congo-brazzaville/> accessed 18 February 2016.
[5]  Deji Olukotun and Peter Micek, ‘Five years later: the internet shutdown that rocked Egypt’ (Access Now 21 January 2016) <https://www.accessnow.org/five-years-later-the-internet-shutdown-that-rocked-egypt/> accessed 18 February 2016.
[6] Peter Micek, ‘Update: Mass internet shutdown in Sudan follows days of protest’ (Access Now, 15 October 2013) <https://www.accessnow.org/mass-internet-shutdown-in-sudan-follows-days-of-protest/> accessed 18 February 2016.
[7] Peter Micek, ‘Access submits evidence to International Criminal Court on net shutdown in Central African Republic’(Access Now 17 February 2015) <https://www.accessnow.org/evidence-international-criminal-court-net-shutdown-in-central-african-repub/> accessed 18 February 2016.
[8] ‘Niger resorts to blocking in wake of violent protests against Charlie Hebdo cartoons.’ (Access Now Facebook page 26 January 2015) <https://www.facebook.com/accessnow/posts/10153030213288480> accessed 18 February 2016.
[9] Peter Micek, (Access Now 23 January 2015) ‘Violating International Law, DRC Orders Telcos to Cease Communications Services’ <https://www.accessnow.org/violating-international-law-drc-orders-telcos-vodafone-millicon-airtel/> accessed 18 February 2016.
[10] Darrell West, (Brookings Institution, October 2016) “Internet shutdowns cost countries $2.4 billion last year”https://www.brookings.edu/wp-content/uploads/2016/10/intenet-shutdowns-v-3.pdf
[11] Julie Owono, Cameroon’s Reflection on the “false news” debate stirs censorship fears (Report by Internet Sans Frontières, 22 November 2016) <http://internetwithoutborders.org/fr/cameroonian-governments-dangerous-stance-against-a-free-and-open-internet/
[12] African Commission on Human and Peoples’ Rights, (November 2016) ‘362: Resolution on the Right to Freedom of Information and Expression on the Internet in Africa – ACHPR/Res. 362(LIX) 2016’ http://www.achpr.org/sessions/59th/resolutions/362/
[13] Peter Micek, (Access Now 4 May 2015) ‘Internet kill switches are a violation of human rights law, declare major UN and rights experts’ <https://www.accessnow.org/blog/2015/05/04/internet-kill-switches-are-a-violation-of-human-rights-law-declare-major-un&gt; accessed 18 February 2016.
Originally published here – French Version available here

Supercharging Human Rights Defenders // East Africa

By Small Media |
Building off the success of our 2016 report ‘Supercharging Human Rights Advocates in the Levant’, the Small Media team is excited to announce our latest project in a whole new region. Making use of the practices we’ve developed in our work across the Middle East, Small Media is setting out to survey the cybersecurity landscape in East Africa. Over the course of this project, we aim assess the state of internet controls in the region, and support the development of a regional community of internet freedom researchers, digital security experts, and human rights defenders.
Over recent years, regional civil society organisations and human rights defenders have been confronted with significant security challenges as internet freedom is threatened across East Africa. The Collaboration on International ICT Policy in East and Southern Africa (CIPESA), one of our local partners for this project, have highlighted various issues involving undue prosecution of Internet users in East Africa in their 2016 State of Internet Freedom in Africa report. In Tanzania this has involved users being targeted and arrested for offenses including ‘insulting the president’ and news sites being shut down. Netizens in Uganda faced blocked social media and mobile money services in the build up to the February 2016 elections, alongside crackdowns on ‘offensive communications’, in the form of bans on social media accounts that criticise the government. Burundian social media users have seen platforms including Viber, Twitter, WhatsApp and Facebook shut down during public protests against government figures. In addition to this, Rwandan citizens face among the world’s worst restrictions on freedom of speech and political activity, including stringent online censorship targeted at those discussing ‘sensitive’ topics.
Freedom House’s 2016 Freedom on the Net report highlights the challenges faced in Rwanda and Uganda, but there are a number of gaps in regional knowledge that we aim to fill. With levels of access to the Internet growing steadily in the region, and some concerning indications of a ramping-up of state efforts to crackdown on internet freedom, it is important that the digital security needs of CSOs and netizens are addressed in an urgent manner.
Thus, focusing on Uganda, Rwanda, Burundi and Tanzania, our research seeks to fill the gap that exists by identifying the digital security threats facing CSOs in the East Africa region, recommending a plan of action and then developing the capacity of CSOs to respond to the threats that they face.
Our Project
The first phase of this project involved working with two of our local partners, CIPESA and DefendDefenders, to select high-quality workshop participants and trainers, in order to create and train a secure, strong and enthusiastic community of regional, on-the-ground digital security experts and researchers. The training given at the workshop has equipped local actors to engage in comprehensive and long-term digital security research, thereby supporting the future needs of CSOs across the region.
Building on the successful outcome of the workshop, our local researchers – working alongside our regional partners – are now hard at work carrying out the core components of the research project, including:

  1. Legal and Policy Analysis – to assess the current legislative frameworks that exist within East African states, and to establish what powers governments have to monitor and prohibit online communications.
  2. Network Measurements – to assess the internet infrastructure in each of the target countries. Our researchers are using OONI Probe and ICLab’s Centinel software to establish the level of censorship taking place, and highlight any network vulnerabilities to state-directed internet shutdowns.
  3. CSO Cyber Capacity Assessments – interviews are being undertaken with a number of CSOs to identify the most urgent digital security threats they face, and to measure their defences.

With the training workshop completed, Small Media and our local partners are currently working with an enthusiastic team of local researchers to carry out the on-the-ground research components. We’ll be busily compiling our research findings over the next couple of months, but we look forward to presenting you with our findings and recommendations upon the report’s publication in March 2017. Stay tuned!
This article was sourced from the Small Media website.
 

Zimbabwe’s Digital Activism Amidst Disproportionate Government Control of the Internet

By Juliet Nanfuka |
In 2016, activism in Zimbabwe took on a new persona through various social media campaigns that also transformed into offline activity.  In a move which critics believe is intended to suppress activism on social media, the national telecoms regulator known as the Postal and Telecommunications Regulatory Authority of Zimbabwe (Potraz) recently drove up internet access prices by up to 500% but following online uproar, the information ministry moved to reverse the decision.
As at the third quarter of 2016, Internet penetration in Zimbabwe stood at 50%. However, increased online use is threatened by a state keen to control online narrative similar to how it has controlled traditional media. Intimidation and arrests are likely to hurt internet freedom in a country where citizens are increasingly using online platforms to criticise the political and economic malaise in the southern African state.
Like many other African countries, internet access remains costly in Zimbabwe. The presence of a Universal Access Fund (USF) meant to reduce internet access costs and fund infrastructure across the county has not helped matters. POTRAZ manages the USF and has been criticised for under-utilising the fund and lacking transparency about its expenditures.
Increased  access at lower cost  has  partly been enabled by  service providers  offering mobile internet data bundles accompanied with subsidised or “zero rated” access to social media applications such as Whatsapp and Facebook.  However, in August 2016, at least three service providers  discontinued various promotions  following a directive from POTRAZ .  The directive was issued shortly after the regulator warned against increasing “abuse” of social media.

“Government is literally, deliberately or accidentally, suffocating the digital revolution by cutting off the lifeblood of the revolution, which is affordable digital and social media access to give citizens an alternative voice.”

TechZim News Blog

According to the 2016 State of Internet Freedom in Zimbabwe report, recent activities by state agencies have breached citizens’ rights guaranteed by the constitution. Proposed laws such as the Data Protection Bill and the Electronic Transaction and Electronic Commerce Bill could further undermine citizens’ rights to free expression and privacy. In addition, the draft Computer Crime and Cybercrime Bill provides for mass surveillance of citizen communications.

In the absence of a cyber law, the Criminal Law and Codification Act (CODE), popularly known as the “insult law”, has been the government’s weapon of choice against critics both online and offline. The law was widely used during the protests in 2016 to invoke harassment and arrest of “trouble-makers”, namely those who oppose or criticise President Mugabe.
Extracted from State of Internet Freedom in Zimbabwe | 2016 report

The report by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) narrates cases of Zimbabweans arraigned before the courts over their online activities. Among the stated trumped-up charges are “criminal nuisance“, “insulting and undermining the president’s authority” and issuance of “treasonous” communiqué criticising Mugabe’s leadership.
Section 61 of the Zimbabwe Constitution guarantees the right to freedom of expression: “Every person has the right to freedom of expression, which includes … freedom to seek, receive and communicate ideas and other information.” While Zimbabwe has no specific law related to internet rights, the constitution also provides for access to information and privacy without explicitly mentioning the online domain.
 

LATEST: Maxence Melo Released on Bail

By CIPESA Writer |
After five days in police custody, Jamii Forums founder Maxence Melo has been released today (December 19). Melo, who was detained at a police station in the Tanzanian capital Dar es Salaam, was granted interim release with six individuals standing as surety for a bond amount of 6 million Tanzanian shillings (USD 2,700).
Melo was last Friday charged with three offences stemming from his alleged refusal to release user data from the popular news and discussion portal Jamii Forums. He is faced with two counts of not complying with a disclosure order under Section 22 (2) of the Cyber Crimes Act of 2015 and one count of managing a domain that is not registered in Tanzania under Section 79(c) of the Electronic and Postal Communications Act (2010).
For each charge, two individuals stood surety for the accused at 1 million Tanzanian shillings (USD 450) each. According to his lawyer, another bail condition set for Melo is that he should not travel outside of Dar es Salaam without court’s permission.
The case is scheduled to be heard  in court on December 29, 2016.

UPDATE: Maxence Melo Charged with Obstruction of Investigations and Operating a Domain Not Registered in Tanzania

By CIPESA Writer |
Jamii Forums Founder, Maxence Melo has been charged with three offences before a court in Dar es Salaam, Tanzania. The charges are:
1: Management of a domain not registered in Tanzania under Section 79(c) of the Electronic and Postal Communications Act (2010).
2: Obstruction of investigations under Section 22 (2) of the Cyber Crimes Act  of 2015 for not complying with an order of disclosure of data in his possession. This followed an order by the Tanzania Police Force to release data pertaining to electronic communications published on his Jamii Forums site between April 10, 2016 and December 13, 2016.
3: Obstruction of investigations under Section 22 (2) of the Cyber Crimes Act  of 2015 for not complying with an order to disclose data in his possession. This follows an order by the Tanzania Police Force to release data pertaining to electronic communications published on his site between May 10, 2016 and December 13, 2016.
Section 79 of the Electronic and Postal Communications Act (2010) provides for the regulation of all electronic communication numbering and electronic addresses by the Tanzania Communications Regulatory Authority (TCRA). Part C of the section mandates the authority to perform oversight role of management of the country’s code Top Level Domain (ccTLD).
Meanwhile, Section 22 of the Cyber Crimes Act 2015 relates to unlawful interference with investigations and refusal to comply with an order under the Act.
Max was arrested on Tuesday December 13. He remained in police custody until his arraignment before court this morning. According to his lawyer, a bail application has been denied.