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04Mar

Exploring The State of Internet Freedom in Africa

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What is the price of security? Should it be your online freedom? 
By Juliet Nanfuka
Where do human rights and online rights meet? Is there a clash between online freedom and human rights? Is there room for self-regulation? These are some of the questions that a recently concluded online discussions report on Internet freedom in Africa explores.
Participants from Uganda, Kenya and Nigeria used online platforms to discuss these issues over a four week period at the end of 2013.
A key theme that came out of the report is the recognition of the increased numbers of internet users across the continent and parallel to this, increased measures taken by governments on surveillance of citizens. This, in turn, has brought to the fore many questions about freedom of expression and privacy.
Many countries are faced with contradictory policies when it comes to freedom of expression especially when it is placed alongside national security and stability. As a result, freedom of expression is threatened by restrictive legal measures that infringe on the access and sharing of information. In addition to these are the legal permissions granted to governments with regards to accessing information about users. Requests from African governments, although few, appear to be politically motivated according to the Google Transparency Reports.
In light of this, a participant asked a key question that also raises concerns about censorship, “How much can you restrict if those with no restriction can interact with and pass on information to the restricted using alternative methods of communication?” This led to the recognition of the conflict that exists between online freedom of expression and the state. Such was seen in the 2011 politically motivated ‘Walk to Work’ protests in Uganda in which the national communications regulatory authority, the Uganda Communications Commission, instructed ISPs to block access to social networking sites like Twitter and Facebook for 24 hours. More on this can be found here Internet Freedom in Africa Under Threat.
The report, prepared by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) in partnership with Paradigm Initiative Nigeria (PIN) can be downloaded here.

14Jan

Civil Society’s Proposals on The African Cybersecurity Convention

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In December 2013, the Kenya ICT Action Network (KICTANet) led online discussions on the proposed African Union Convention on Cyber Security (AUCC). The convention establishes a framework for cyber security in Africa “through organisation of electronic transactions, protection of personal data, promotion of cyber security, e-governance and combating cybercrime.”
Civil society and academia have raised concerns about some of the articles in the convention, which had earlier been expected to be signed in January 2014. Latest reports indicate that, at the earliest, the law could be signed in June this year.
The report on the discussions will be used by KICTANet and partners such as CIPESA to create awareness and lobby African governments to pass legislation and instruments that fully support the privacy of individuals and the fully enjoyment of their freedom of expression online.
The stated background to the convention is that the African Union is seeking ways to intensify the fight against cybercrime across the continent“in light of the increase in cybercrime, and the lack of mastery of security risks by African countries.”
Furthermore, the AU states that a major challenge for African countries is the lack of adequate technological security to prevent and effectively control technological and informational risks. As such, it adds, “African States are in dire need of innovative criminal policy strategies that embody States, societal and technical responses to create a credible legal climate for cyber security”.
The intentions may be legitimate but, as noted by the online discussions, some of the articles in the current version of the convention could be used to negate individuals’ privacy and their right to express themselves through online mediums.
Take, for example, Article III – 34. It states that AU member states have to “take necessary legislative or regulatory measures to set up as a penal offense the fact of creating, downloading, disseminating or circulating in whatsoever form, written matters, messages, photographs, drawings or any other presentation of ideas or theories of racist or xenophobic nature using an a computer system.”
How does this clause balance with the fundamental right to freedom of expression? Experts argue that this clause is problematic as it requires a measure of truth, which is hard to actually legislate or determine owing to the relativity of truth. They add that this sort of law would likely be unenforceable.
The discussion noted that although African countries needed legal framework on cybercrime, the current proposals need numerous amendments. The discussions also noted a need for the African Union Commission to engage with civil society to draw up progressive and enforceable laws. However, civil society had the added task of creating awareness and capacity among citizens on cyber security and the need to uphold freedoms of expression online.
These discussions were conducted on multiple lists of KICTANet and the Internet Society (ISOC) Kenya and on the I-Network and ISOC Uganda ists moderated  by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA), from 25 – 29, November 2013. They were also shared through numerous pan-Africa and global lists on ICT policy and online freedom.
Download the full discussions report here.

23Dec

Internet Rights in Uganda: Challenges and Prospects Workshop Report

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The Collaboration on International ICT Policy in East and Southern Africa (CIPESA, www.cipesa.org) in conjunction with Unwanted Witness Uganda (www.unwantedwitness.or.ug) on November 28, 2013 organised a workshop on promoting internet rights in Uganda. The workshop aimed to create awareness among civil society, netizens, and the media in Uganda on how policy and practice affect internet freedoms in the country. The workshop also sought to draw up strategies for network building and advocacy to promote and protect online freedoms in Uganda.
Download the workshop report here.

23Dec

Q&A: Uganda Government Develops Social Media Guidelines

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The internet and indeed social media plays a key role in improving communication between citizens, government-to-government interactions and at government-to-citizen level. Social media, such as Facebook, Twitter, YouTube, Instagram and MySpace, has the potential to improve governance and democracy practices.
Accordingly, the Uganda government through the National Information Technology Authority Uganda (NITA-U) has developed guidelines to “to facilitate secure usage of social media (Facebook and Twitter etc.) for efficient exchange of information across Government Ministries, Departments and Agencies (MDAs) as well as improving effectiveness of communication, sharing of information and open engagement and discussions with the public.”
On November 28, 2013 Leonah Mbonimpa, the Corporate Communications Officer at NITA-U spoke to CIPESA about the thinking behind the guidelines.
Q. What is the background to developing these guidelines?
A. Government has decided to utilise new channels to communication such as social media to communicate to citizens and give timely responses to emerging issues. In this vein, NITA-U was requested to develop guidelines to help government agencies to embrace social media while maintaining the same level of decorum as with traditional media.
Q. Why did the government find it necessary to draw up these guidelines?
A. Traditionally, Government agencies have been communicating through accounting officers such as  Permanent Secretaries. The advent of new media channels and the quest for speedy provision of information has necessitated the shift from traditional approaches to more flexible ways of communicating, [such as] using social media. Given that social media is relatively new and comes with a higher degree of responsibility when communicating, it was necessary to provide guidelines for government agencies to ensure that we communicate [appropriately].
Q. What do the guidelines intend to achieve?
A. They intend to achieve uniformity in communicating and ensure appropriate consultation is made before posting government communication online.
Q. How is users’ privacy protected in these guidelines?
A. The guidelines do not infringe on user privacy. They only seek to standardise the government’s approach to communicating to citizens online.
Q. Are there other initiatives in place or under development by government to protect freedom of expression and privacy online.
A. NITA-U is in preparatory stages of drafting a Data Privacy bill which will eventually be enacted into law to comprehensively address privacy issues.
Further details about the guidelines are available here http://www.nita.go.ug/index.php/features/315-socialmediguide

08Nov

Online Discussions on Promoting Internet Freedoms in Africa

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The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and Paradigm Initiative Nigeria (PIN) to co-host discussion on online safety matters in Africa, during November and December 2013.
Background
Africa’s internet usage continues to grow steadily, with an estimated 16% of the population on the continent using the internet. The increased availability of affordable marine fiber optic bandwidth, a rise in private sector investments, the popularity of social media and innovative applications, and increased use of the mobile phone to access the internet, are all enabling more people in Africa to get online. In turn, there are numerous purposes to which users in Africa are putting the internet‐from mobile banking, to connecting with fellow citizens and with leaders, tracking corruption and poor service delivery, innovating for social good, and just about everything else.
The increasing usage of the internet, however, has in some countries attracted the attention of authorities, who are eager to provide caveats on the openness of the internet and the range of freedoms which citizens and citizens’ organisations enjoy online. The popularity of social media, the Wikileaks diplomatic cables saga and the Arab Spring uprisings have led many governments including those in Africa to recognise the power of online media. In a number of African countries, there are increasing legal and extra-legal curbs on internet rights, in what portends tougher times ahead for cyber security.
PIN and CIPESA to Lead on Internet Freedom Discussions
The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and the Paradigm Initiative Nigeria (PIN) will co-host an online internet freedom forum during November and December 2013. The purpose of this forum will be to discuss key online safety matters in Africa. The forum aims to attract discussions from key ICT experts both within Africa and outside Africa.
The outcomes of the discussions will feed into a report that will be presented at the first African Internet Freedom Forum to be held in 2014. Furthermore, it will inform the work of CIPESA, PIN and their partners that are working in the area of online freedoms.[1]
Format of the discussions
Discussions will be hosted on selected online platforms in Uganda, Kenya, Nigeria and a mailing list comprising Africa Internet Governance experts. Identified platforms are:APC Africa IG Mailing List; KICTANet (Kenya) mailing list; Information Network (Uganda) mailing list; Naija IT Professionals mailing list; West African IGF mailing list; and FOI Coalition (Nigeria) mailing list.
The lists will be moderated by a representative from both CIPESA and PIN. Each week, a new topic with guiding questions will be introduced on the listserves and a summary provided at the end of each week. A draft report will be made available at the end of the fourth week.  This too shall be posted back on the mailing lists to capture feedback from participants as well as seek clarification on any issues that might not have been captured well. A final report shall then be made that will feed into the face to face meeting as well as be shared on the targeted platforms and onpartners’ websites. 
Discussion Outline
Week 1: November 11-15             Status of Internet Freedom in African Countries: Focus shall be on seeking participants’ views on issues of Freedom of Expression both online and offline; Internet Intermediary Liability; censorship and surveillance incidents; regulations, laws and policies governing freedom of expression online and perspectives on the African Convention on CyberSecurity.
Questions to explore:

  1. What are the major issues surrounding online freedom of expression in Africa?
  2. What convergences and tensions exist between freedom of expression and privacy?
  3. What are the implications of approaching the balance between freedom of expression and privacy from a freedom of expression–centric point of view?
  4. What actions can governments, civil society, media and the private sector take to balance privacy with freedom of expression online?
  5. What is the best way to empower users to stay safe online while protecting their freedom of expression?

Week 2: November 18-22           Global Surveillance Revelations and Impact on Africa: Focus will be given to global surveillance incidents like the NSA/Edward Snowden drawing lessons for Africa stakeholders i.e. governments, activists, CSOs and private sector; how to balance privacy while maintainingsecurity for citizens.
Questions to explore

  1. What can African governments learn from the NSA surveillance and Snowden revelations?
  2. What are the current technology trends and which cybersecuritythreats raise the greatest concern?
  3. How are evolving Internet services and technologies, such as mobile and cloud computing services, affecting these security threats?
  4. Is there any country data, across the continent, on how surveillance has really helped to curb – or prevent – acts of terrorism?
  5. Are African countries spying on each other? Are there countries that have shown a tendency to breach the rights of other sovereign nations on the continent?

Week 3: November 25-29             Best Practices on Internet Policy in Africa: Discussants will be called to share best practices on internet policies in Africa.
Questions to explore:

  1. What policies are working in your country and what needs to be streamlined or strengthened?
  2. Are there African countries that offer a model, or close enough to Best Practice scenarios that can be highlighted for other countries to learn from, or emulate
  3. What are the signs to look out for in our various countries’ ICT policies, to be sure that the country plans to improve Internet Freedom?
  4. What worked well for countries that have shown steady progress in the annual Freedom House ratings?
  5. What can other countries learn from those that have, or are developing, crowdsourced (and citizen-led) Internet Freedom Charters?

Week 4: December 2-6         Recommendations for Africa:Participants shall be called upon to suggest ways to improve internet security, data and privacy protection in Africa.
Questions to explore

  1. What elements need to be put in place to ensure all Internet users (including citizens, companies, government, etc) continue to have confidence in the Internet?
  2. How can African civil society organisations engage ICT policy processes to ensure that rights are not traded for security?
  3. Considering the ongoing discussions around the African Convention on Cybersecurity, what recommendations should be made to improve the text?
  4. How do activists and rights’ advocates protect themselves in scenarios where government clampdown could affect their work?
  5. Should African academia incorporate this new reality into classroom discussions? If they should, is there a model to learn from?

Join the conversation
For more information about the online discussions forum, please write to CIPESA via [email protected] or Paradigm Initiative for Nigeria via [email protected]

Download the full information here.

[1] CIPESA and PIN are part of the Cyber Stewards network (www.cyberstewards.org) funded by the International Development Research Centre (IDRC), which promotes an open and secure internet. CIPESA’s work on online freedoms is also supported by HIVOS and FIRE.
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