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11Jan

Policy Brief: A Digital Rights View of the Uganda 2021 General Elections

Author CIPESA Writer Posted on

By Edrine Wanyama |

As Uganda heads to presidential and parliamentary elections in January 2021, digital communications have taken centre-stage and are playing a crucial role in how candidates and parties engage with citizens. The country’s electoral body decreed in June 2020 that, due to social distancing required by COVID-19 standard operating procedures, no physical campaigns would take place so as to ensure a healthy and safe environment for all stakeholders.

Further, Parliament passed the Political Parties and Organisations (Conduct of Meetings and Elections) Regulations 2020, which aim to safeguard public health and safety of political party activities in light of the COVID-19 pandemic and, under regulation 5, provide for holding of political meetings through virtual means. The maximum number of persons allowed to attend campaign meetings was later set at 70 and then raised to 200.

The use of the internet and related technologies is growing steadily in Uganda with 18.9 million
subscribers, or 46 internet connections for every 100 Ugandans. However, radio remains the most
widely accessible and usable technology with a penetration of 45%, compared to television at 17%, and computers at 4%.

For the majority of Ugandans, the internet remains out of reach, particularly in rural areas where 75.5% of Ugandans live. The current election guidelines mean that any election process that runs predominantly on the back of technology and minimal physical organising and interaction is wont to come upon considerable challenges. Given Uganda’s history of curtailing usage of digital technologies during elections (including through websites blockage, SMS censorship, mobile money and social media shutdowns), and prosecution of various individuals that published opinions critical of the government, a level playing field for technologically-aided elections cannot be guaranteed.

Will the 2021 elections see government organs leverage incumbency to appropriate the power of
technology to their self-serving interests? Or will they allow fair, meaningful, and transformative use of technology in the elections?

See this brief highlights the likely play-out of Uganda’s so-called “scientific election” – one that is tech-based and honours the COVID-19 standard operating procedures (SOPs), and what it means for electoral democracy in the country

11Jan

Internet Shutdowns Threaten Elections in Uganda

Author CIPESA Posted on

By Access Now |

Amidst a growing crackdown on media, human rights defenders, and opposition politicians, the Republic of Uganda will hold general elections on Thursday, January 14. With a dark history of internet and social media blocking during national events, and alarming reports of disruptions already emerging, Ugandan voters’ rights to access information and express opinion are under threat. The #KeepItOn coalition, via an open letter, is calling on the government to ensure open, accessible, and secure internet access for all throughout the election period and beyond.

“Shutting down or blocking the internet while reports of state violence and oppression are emerging is incredibly worrisome,” said Felicia Anthonio, Campaigner and #KeepItOn Lead at Access Now.“Uganda disconnected voters during the 2016 elections, and the #KeepItOn coalition is imploring authorities to set a new standard in 2021 by ensuring reliable, accessible internet to all — during this critical time, and hereafter.”

Access to the internet and social media platforms during the elections in Uganda will help foster transparency around the democratic process and promote active citizen participation. Access Now and 55 other organizations are urging the government of Uganda to:

  • Ensure that the internet, including social media and other digital communication platforms, remains open, accessible, and secure across Uganda throughout the election;
  • Ensure that mobile money, banking, and other financial avenues for transactions remain accessible and secure;
  • Order internet service providers to provide everyone with high-quality, secure, and unrestricted internet access; and
  • Order internet service providers to inform internet users of any potential disruptions and to take all reasonable steps to fix any identified disruptions likely to impact the quality of service they receive.

Internet shutdowns and blockings were a go-to tool for authorities during national events and protests in 2020, including in Myanmar, Burundi, Tanzania, Ethiopia, Belarus, and many other countries. The Ugandan general election will be the African continent’s first in the new decade, and has the potential to set the stage for all other national events that follow.

07Dec

Vodacom Outshines MTN in Efforts to Serve Persons With Disabilities in South Africa

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By CIPESA Writer |

South Africa has a national disability prevalence rate of about 7.5%, which represents approximately 2.87 million persons with disability. According to the Marginalised Groups Indicator Report of 2018, the bulk of this population resides in Gauteng province and the least in the Northern Cape, with the most affected age groups being 5-14 and 15-24 years. Women have a higher chance of being disabled than men and are more likely to receive less schooling. 

While households of persons with disabilities have a 90% likelihood of having access to electricity, their access to technological devices is far lower, in major part due to failure by telecom operators to provide accessible services and devices to this often marginalised population.

See this report: Access Denied: How Telecom Operators in Africa are Failing Persons With Disabilities 

The telecommunication industry plays a critical role in providing information and communication services to the public. However, many telecom operators are failing to provide accessible information and services to large sections of persons with disabilities.

A study conducted among 10 telecom companies in five African countries sought to understand this digital access and service gap within the telecom industry in promoting digital accessibility for persons with disabilities, in particular visual and auditory disabilities. In South Africa, the main market share holders, MTN (28%) and Vodacom (42%), were the focus of the study. The study found that both operators offered affordable accessible handsets, but such handsets were not available in all outlets. 

This inconsistent product availability was accompanied by limited staff knowledge of any special offerings for persons with disabilities (such as call, SMS, data or discounted rates) and low skills in serving members of this community. Moreover, neither Vodacom nor MTN availed information about their services in Braille. 

However, Vodacom had an upper hand over MTN in creating awareness about accessibility products and services (including through alliances with the South African Audiology Association and South African Speech, Language and Hearing Association) and in developing accessibility applications.  

Vodacom also supported the development of HearZA app, a smartphone-based national hearing test app, developed in partnership with the University of Pretoria to help with early detection of hearing problems. In addition, in April 2018 Vodacom launched the free (082 112) SMS Emergency Service for hearing and speech impaired customers, which enabled registered customers to request emergency services such as police, ambulance, fire, and sea rescue by sending an SMS to the Emergency Service Contact Centre. The research shows that MTN had no tailor-made applications for persons with disabilities.

Earlier in 2016, Vodacom partnered with the South African National Council for the Blind (SANCB) to provide an easier and more accessible avenue to bring mobile communication closer to the visually impaired by installing a mobile service kiosk at SANCB’s premises in Pretoria. The aim of this partnership was to provide training and to empower the SANCB staff on how to use accessible smartphones and to train their members.

Further, Vodacom has been offering Apple and Android smart devices that come with built-in text-to-speech applications (Apple – VoiceOver and Android – TalkBack) that convert text to audio, allowing visually impaired customers to listen to information such as SMS. In-store activation, an assisted step-by-step guide, and training on using the accessibility features, are additional services the company could offer. 

Integrating the needs of persons with disabilities at company policy level is also indicative of its commitment to inclusion. According to the research, Vodacom had a guiding procurement policy as part of the group’s inclusion strategy to promote accessibility, while MTN had a wide business-focused procurement policy with no specific information on devices for persons with disabilities.

Across the 10 telecom companies assessed, only Vodacom had discounted rates for persons with disabilities, and for hearing-impaired customers, special contract phone deals that consisted of data and SMS were provided. Vodacom was also the only operator in the study that had emergency communications designed specifically for persons with disabilities. 

A Code of Conduct for Persons with Disabilities Regulations was issued by the Independent Communications Authority of South Africa (ICASA) in 2007 and a review was undertaken in  2019, with inputs and commitments of support to the review effort from operators Cell-C, MTN, and Vodacom. Proposals received during the review included to revise the code of conduct to include subtitling for all TV programmes; large print and braille billing statements to be issued by operators; a need for universal design of handsets at affordable prices; cheaper hearing aids to be made available; airtime vouchers to be printed in braille; and Jaws (a screen reading software) to be installed in smartphones.

For persons with disabilities to realise technology’s transformative potential, their rights must be provided for in national laws and policies, and countries must take deliberate steps to ensure that they have unfettered access to quality information and ICT, and are protected from all forms of discrimination. South Africa’s telecom operators need to follow Vodacom’s examples to proactively support the needs of persons with disabilities, in line with the 2030 Agenda for Sustainable Development Goals (SDGs) pledge to leave no one behind. 

See more about how South Africa’s telecom operators compare to those in other countries in the provision of services and devices to persons with disabilities.

06Dec

Highlights of The African Internet Rights Alliance (AIRA) Work Advancing Online Freedoms

Author CIPESA Posted on

By CIPESA Writer |

The African Internet Rights Alliance (AIRA), a coalition of civil society organisations from around the continent, has racked up various joint interventions to advance digital rights on the continent. The Alliance works to promote privacy and data protection, affordability and access to the internet, access to information and freedoms of assembly, expression and the media.

The formation of the network was informed by the growing affronts to digital rights on the continent and the need for civil society actors to pool efforts so as to enhance their effectiveness in undertaking research, advocating policy and legislative reform, and capacity building, among other areas of intervention.

Each month, more than half a billion Africans access the internet – this is more than all the internet users in North America and the Middle East combined – and that number continues to grow. As the internet and digital technology become more and more integrated into all aspects of life, governance, and the economy in Africa, the inequalities and challenges we face online are reflected offline. We face new challenges to our human rights in the digital context – including unequal access, censorship and violence online. We must work together to ensure that everyone’s digital rights are respected and protected.

Over the past five years, internet shutdowns, stifling of dissent, poor data governance and various forms of online violence have persisted, perpetrated both by the government and the private sector, despite increased calls for progressive policy and practice. In order to advance collaborative approaches to promote digital rights, a coalition of civil society organisations came together to pool experience and expertise under AIRA. The alliance was unveiled at the 2020 Forum on Internet Freedom in Africa (FIFAfrica20) and also presented at the 2020 global Internet Governance Forum (IGF).

The AIRA members include Amnesty International, ARTICLE 19 Eastern Africa, BudgIT, the Centre for Intellectual Property and Information Technology Law (CIPIT), Co-Creation Hub (CcHub), the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the Kenya ICT Action Network (KICTANet), Legal Resource Centre (LRC) and Paradigm Initiative (PIN). Many of the alliance members had worked together over the past three years and realised the need for transnational collaboration and coalition-building to protect and expand digital rights across Africa.

Below are some highlights of AIRA’s work

  • Developed and distributed key digital rights terminology guidance to journalists.
  • Hosted a media webinar on digital rights, Covid-19 and elections across Africa.
  • Submitted joint letters to the United Nations and African Commission on Human and Peoples’ Rights regarding the use of Kenya’s Computer Misuse and Cybercrimes Act and Nigeria’s Cybercrimes Act.
  • Facilitated a joint social media campaign aimed at condemning governments who have unfairly detained journalists.
  • Supported the revision of the Declaration of Freedom of Expression and Access to Information of the African Commission on Human and Peoples’ Rights (ACHPR); and
  • Engaged with the media on digital rights challenges and opportunities.

Explaining the spirit behind AIRA
“AIRA was largely borne out of the need for movement building in campaigns for universal access and tackling inequalities and human rights challenges faced by Africans online, which are reflected offline. These challenges vary country by country, sub-region by sub-region and indeed, from one user to the next. However, norm setting requires a unified approach and platforms for collaborative learning and engagement – which AIRA seeks to do, in tandem with other pre-existing digital rights coalitions,” said CIPESA Executive Director Wairagala Wakabi. 

“The AIRA coalition is uniquely positioned to undertake value-based, collective interventions and executes strategic initiatives that engage the government, private sector, media and civil society to institute and safeguard digital rights. Instructively, one limb of our multi-faceted digital rights work encourages government to espouse our four values – accountability, transparency, integrity and good governance – as they roll out inevitable digital policies and action plans,” said KICTANet Convenor Grace Githaiga.

“AIRA members vocalise the needs and challenges of millions of individuals across Central, East, Southern and West Africa, including individuals who remain disconnected from the digital sphere, those at risk of being disconnected, and those who are already connected, albeit poorly,” said Legal Resources Centre Legal Researcher Edwin Makwati. 

“In the face of COVID-19, Internet shutdowns and stifling of dissent, digital rights across Africa are under threat more than ever before. AIRA is prepared to pool its experience and expertise to advance digital rights and is well positioned to hold governments and the private sector accountable for any violation of those rights,” said Amnesty International Technology Advisor Kiggundu Mark. 

“Together, we can do so much,” said Paradigm Initiative Executive Director ‘Gbenga Sesan. “We invite others to join us in the movement to establish, advance and protect digital rights for all on the African continent.” 

Learn more about AIRA here 

30Nov

Universal Peer Review: Mozambique Should Guarantee Digital Rights

Author CIPESA Posted on

By Edrine Wanyama |

In April 2021, Mozambique’s human rights record will be assessed under the Universal Peer Review (UPR) process at the United Nations Human Rights Council. The assessment will need to shine a light on Mozambique’s record on online and offline rights to privacy, access to information, and free expression, which are increasingly under threat in the southern Afican country.

The UPR process offers all UN member states the opportunity to declare what actions they have taken to improve the human rights situation in their countries and to fulfil their human rights obligations. In the previous review, nine of the 227 recommendations made to Mozambique were related to freedom of expression, media freedom and access to information. In response, the Mozambican government supported six of the nine recommendations and by implication was to take steps and measures that aim to protect and promote the respective rights. However, various developments in the country make it imperative to reflect on recommendations made during Mozambique’s last UPR assessment, with a view to supporting the realisation of digital freedoms as part of the upcoming review.

Despite constitutional provisions for freedom of expression, freedom of the press and the right to information, in 2018 Mozambique introduced a draconian media law, Decree No. 40/2018. The legislation was revoked two years later in May 2020 following a Constitutional Court petition by six organisations – Media Institute of Southern Africa (MISA) Mozambique Chapter, Association of Journalistic Companies, National Forum of Community Radios, Centre for Public Integrity, Mozambican Bar Association and the Emergency Committee for the Protection of Fundamental Freedoms. The court declared that the decree was unconstitutional since it introduced prohibitive costs on the exercise of the journalism profession for foreign correspondents and local freelance journalists.

Mozambique is ranked 104 out of 180 countries in the 2020 World Press Freedom Index, which is a drop by one position from 2019. Journalists and media houses are threatened by an increasingly shrinking operating space. Indeed, the October 2019 general election was marred by attacks on the media, which included use of threatening messages through social media and SMS. Some journalists, especially in the northern part of the country, were intimidated while others were arrested, persecuted, detained and prosecuted.

More recently, the insurgency in Cabo Delgado and the Covid-19 State of Emergency have elicited state measures that threaten freedom of expression, opinion and the right to access information. Notably, the decree that instituted a state of emergency barred the media from transmitting Covid-19 information that is “contrary to official information”, arbitrarily restricting journalistic information and interfering with editorial independence.

There is some goodwill for openness by the government and increasing numbers of persons using the internet – yet Mozambique has a low score in internet affordability with women being most affected. As of 2018, only 20.8% of Mozambique’s population used the internet, while 26 in every 100 inhabitants had mobile broadband subscription. As of January 2019, the internet penetration rate  stood at 17%.

Amidst a narrowing civic space, there are some measures to improve cybersecurity yet, worryingly, the country has dropped on the Global Cybersecurity Index by 23 places. On individual privacy protections online, Mozambique is still without a data protection law. However towards the end of 2019, Mozambique revised its Penal Code, introducing provisions related to the invasion of privacy. The new Penal Code provisions outlawed the interception, recording, transmission or disclosure of online communications, including email, messages, audio-visual and social media content without consent.

To buttress the protection and enjoyment of digital rights, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Small Media,  Fórum das Associações Moçambicanas das Pessoas com Deficiência (FAMOD) and the Associação de Cegos e Amblíopes de Moçambique have made a joint stakeholder submission on digital rights in Mozambique. The submission focuses on various developments in the country on freedom of expression and opinion, freedom of information and censorship of content, the right to equal access and opportunity, and the right to data protection and privacy on the internet. It draws experiences from Mozambique’s review of January 19, 2016.

Below are some of the recommendations made in the submission:

  1. Enhance capacity building efforts to enforce the right to information law, including encouraging proactive disclosure and compliance with timely responses to information requests.
  2. Repeal provisions of the Covid-19 Emergency Decree, which are contrary to national and international obligations on freedom of expression and access to information and promote open reporting and commentary on issues of public concern.
  3. Institute an independent body to investigate, hold accountable and deter security forces who repeatedly violate journalists’ rights, especially those covering elections and the insurrection in the North.
  4. Implement measures to promote inclusive access for marginalised and vulnerable groups including women, rural communities and persons with disabilities, with funding from the Universal Service Fund.
  5. Enact a data protection law, in line with international and regional standards through multi-stakeholder consultative processes.

See the full submission here.

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