NEW BRIEF: Policy Considerations for Enhancing Digital Trade in East Africa

By Lillian Nalwoga |

The East African region is on the cusp of a digital revolution, with significant strides being made in digital trade and payments. This is driven by remarkable growth in internet penetration, mobile money services, and the adoption of emerging technologies like 5G and Artificial Intelligence (AI).

Further, initiatives such as the African Continental Free Trade Area (AfCFTA) and the East African Community (EAC) e-Commerce Strategy are laying the groundwork for a thriving digital economy. The World Bank projects digital services exports from Africa to reach USD 74 billion by 2040, highlighting the immense opportunity at hand. Despite these strides, there are several key challenges that need to be addressed to fully unlock the region’s digital potential.

In this brief, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) outlines barriers to digital trade and presents key policy recommendations for promoting a human rights-based digital economy in the region.

According to the brief, the key barriers hindering the advancement of digital trade in East Africa include:

  • Limited Digital Infrastructure and Internet Access: While mobile internet penetration is growing, issues like internet subsea cable cuts, network disruptions, low digital literacy, and low affordability persist. Uneven distribution of infrastructure, high deployment costs, and slow adoption of new technologies further exacerbate the digital divide.
  • Fragmented Approaches to Digital Economy Taxation: Differing digital service taxes (DST) across countries create complexities and may impede innovation and cross-border trade. Kenya, Uganda, and Tanzania all levy DST, with Kenya’s rate being the highest in the region.
  • Data Governance and Privacy Concerns: While some countries have adopted data protection laws, harmonise action is lacking. Issues like data localisation requirements and the need for a comprehensive regional approach to data privacy and management remain.
  • Limited Local Data Centres: The region has a limited number of data centres, which hinders data localisation efforts and the advancement of AI and other data-intensive technologies. Restrictive regulatory frameworks in some countries further complicate the use of cloud solutions.
  • Rising Cybersecurity Threats: Cyber risks are a major concern, with increasing cyber attacks targeting various sectors. Cybercrime laws, while necessary, sometimes contain vague provisions that can be used to curtail online freedoms.

To overcome these challenges and fully leverage the digital economy, the policy brief offers several key recommendations:

  • Embrace Digital Transformation and Connectivity: Invest in robust networks, backup systems, and address single points of failure in internet connectivity.
  • Implement Robust Cybersecurity Frameworks: Prioritise investments in cyber infrastructure, skilling, and awareness.
  • Recognise Data as a Trade Enabler: Ensure trade agreements prevent unnecessary restrictions on data flows and adopt balanced data localisation policies.
  • Harmonise Data Protection Standards: Reduce compliance costs and build trust by harmonising data protection standards across the region.
  • Build Robust Digital Infrastructure: Focus on Digital Public Infrastructure (DPI), data policy, privacy, and protection.
  • Speed up the Adoption of the EAC Data Governance Policy Framework: Secure resources for its implementation.
  • Assess and Address the Impact of Emerging Technologies: Ensure policies foster innovation while addressing ethical and legal challenges.

The East African region has the potential to become a major player in the global digital economy. By addressing the existing barriers and implementing these recommendations, the region can create a thriving digital ecosystem that benefits all its residents.

Read the full brief here.

Online Meeting: Promoting Transparent Covid-19 Data Governance In Uganda

Invitation |

March 6, 2021 is Open Data Day, an annual celebration of open data all over the world which provides an opportunity to show the benefits of open data and encourage the adoption of open data policies in government, business, and civil society. This year, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), in partnership with the Open Institute will convene an online discussion to understand how decisions regarding the access and use of data in Uganda are made. 

Discussion Panel

  • Stella Alibateesa; Director for Regulation and Legal Services at NITA-Uganda
  • Dorothy Mukasa – Chief Executive Officer, Unwanted Witness
  • Bernard Sabiiti – Senior Strategic Partnerships & Engagement Manager,  Development Initiative
  • Atek Kagirita – Covid-19 incident commander at the Ministry of Health
  • Gabriel Iguma – Talk show host, Radio One (Moderator)
Join the online meeting on March 6, 2021 at 10h00-11h30 (EAT)
Register here

Leveraging ICT to Promote the Right to Information in Uganda: Insights from Ask Your Government Portal

By Loyce Kyogabirwe |
Despite the existence of legal and regulatory frameworks that promote the right to information, access to public information remains a big challenge in Uganda. The potential of ICT to promote citizens’ access to information is widely acknowledged and in 2014, the government and civil society partners launched the Ask Your Government (AYG) web platform that allows citizens to make online information requests to government Ministries, Departments and Agencies (MDAs).
However, four years on, it is evident that most citizens might not be aware of their right to information let alone the procedures for accessing information and data that is held by public bodies. Meanwhile, public officials continue to ignore citizens’ information requests despite efforts to equip both the duty bearers and rights holders, including information officers, journalists as well as women’s rights organisations,  with knowledge and skills on rights and responsibilities.
User statistics from the AYG portal show an increase in the number of requests as well as number of public agencies registered on the portal. Between 2014 and 2016, only 243 requests were submitted to 76 agencies. But by June 2018, the number of information requests submitted had reached 2,450, to 106 MDAs (20 Ministries, 60 Departments and Agencies and 26 to Local Government Officials).  

Use of the Ask Your Gov Uganda platform between 2013 and 2018

The highest number of information requests have been submitted to the Uganda Revenue Authority (URA) –  350 between June 2014 and June 2018, followed by the Ministry of Defence with 152.
However, the nature of requests lodged still indicates a misinterpretation of what falls under a public information request as most of the submissions are related to internships and Tax Identification Numbers (TIN). Perhaps this is an indication of the priority information needs of many of the portal’s users.  
Also of concern is the low response rate to information requests. Of the 2,450 requests submitted between June 2014 and June 2018, only 121 have been indicated as successful and and 102 as partially successful, representing an average response rate of 9%.  Less than 1% of requests (20) were rejected while those still awaiting responses are 2,074 or 85%. The 85% can be regarded as refusals under section 18 of the Access to Information Act (ATIA), 2005 which states: “an information officer fails to give the decision on a request for access to the person concerned within the period contemplated under section 16, the information officer is, for the purposes of this Act, regarded as having refused the request.”  The response period is 21 days.
In some cases where public information was requested, users were advised to visit the respective MDAs in order to access such information. For example  Davidson Ndyabahika, a journalist working with Uganda Radio Network, requested for statistics of enrolment and performance of both private and public primary and secondary schools in Ntungamo District from 2010 to 2016 from the Ministry of Education and Sports. He was advised to physically visit the Ministry offices where he would be cleared first before accessing such information. Such a response  indicates challenges with digitised information storage and retrieval among public agencies although section 10 of the Act mandates information officers to ensure that records of a public body are accessible.
Equally, there are cases where limitations of the portal have emerged and information has been withheld because it can only be provided after payment of the statutory search fees. The ATIA specifies a non-refundable access fee of Uganda Shillings (UGX) 20,000 (USD 5) which remains a high cost for the majority of the population.
The limited levels of government responsiveness to information requests and uptake of AYG by both citizens and public officials impact upon initiatives working to promote access to public information for social accountability and civic engagement. This calls for more capacity enhancement, sensitisation and awareness raising among public officials of their duties and responsibilities as laid down in the Access to Information Act.  Likewise, MDAs ought to utilise the different ICT platforms and tools to proactively release public information as prescribed in the Act and make efforts to ensure that citizens are aware of such information and where to find it.
Under Section 7 of the Act, public bodies are mandated to compile manuals containing descriptions, addresses, the nature of work, services and how to access information within six months after the commencement of the Act. However, 13 years since the law was passed, only the Ministry of Lands and Urban Development has adhered to this requirement. Indeed the ministry was in 2015 awarded the most responsive public entity as part of commemoration of International Day for Universal Access to Information (IDUAI).
Likewise, section 43 of the Act requires every minister to submit an annual report to Parliament on requests for records or access to information made to a public body under his or her ministry indicating acceptance or rejection, and reasons for rejection. However, there has never been any report from ministers since 2005 when the Law was passed, and Parliament has never demanded for such reports.
Meanwhile there should be efforts to continuously empower citizens to fully exercise their right of access to information as stated in Article 41 of the Constitution and Section 5 of the ATIA. Such efforts include capacity building of different demographic groups such as women, youth, persons with disabilities (PWDs), journalists, and teachers to demand for public information relating to service delivery and accountability while utilising different ICT platforms and tools including the AYG portal. Public officials should also be empowered to utilise these tools to proactively share public information with citizens.
The AYG is an initiative of the Ministry ICT and National Guidance in partnership with the Africa Freedom of Information Centre (AFIC) and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).

Access to Public Information in Uganda: Rhetoric or Reality?

By Loyce Kyogabirwe |
Norah Owaraga, a Ugandan researcher, recently narrated her experience on accessing government-held information in the country. She recounted a trip to Tororo district in eastern Uganda where she sought information on Tuberculosis prevalence in prisons. “I was told to go back to the prisons headquarters in Kampala (the capital) to get authorisation yet I had already received clearance from Uganda National Council for Science and Technology (UNCST) and the President’s Office to access government information. Why did I have to travel back to Kampala when I had all the clearance?” asked Owaraga.
Her question was directed at Frank Baine, the spokesperson of Uganda Prisons, during a dialogue held in Kampala to commemorate the International Day for Universal Access to Information, which falls on September 28.
In his response, Baine quoted section 4.8.1(i) of the Code of Conduct and Ethics for Uganda Public Service, 2006 and the Official Secrets Act 1964, stating that public officials are custodians of information that comes into their possession during the course of duty. “Without due permission from an authorising officer, such information cannot be communicated,” explained Baine. In Owaraga’s case, he said the authorising officer was not within the UNCST or the President’s office. Rather, it was the head of Uganda Prisons who had the mandate to authorise the release of the information.
Owaraga’s experience mirrors the challenges faced by Ugandan citizens in realising the right to access information. The right of access to information is enshrined in article 41 of the Constitution of the Republic of Uganda, 1995 which provides that, “Every citizen has a right of access to information in the possession of the state or any other organ of the state except where the release of the information is likely to interfere with the security of the state or the right to the privacy of any other person”. Uganda was among the first African countries to enact a right to information law, the Access to Information Act (ATIA), 2005 and later the Access to Information Regulations, 2011.
The ATIA is aimed at promoting transparency and accountability in all organs of the state by providing the public with timely, accessible and accurate information. Baine’s response instead highlights that a culture of secrecy still persists, with limited proactive release of information by public agencies and denial of citizens’ requests for information.
Other challenges that were raised during the dialogue include the high costs of accessing information, lack of knowledge of the provisions of ATIA among citizens and public officials, and the tedious procedures of requesting for information – all of which impact on the level of citizens’ information requests.
Despite the challenges, the government has taken some steps to promote access to public information. Speaking at the dialogue, Moses Watasa, Commissioner of Information Dissemination at the Ministry of ICT and National Guidance, explained that the Ministry is working to sensitise all government ministries, departments and agencies (MDAs) on ATIA as well as strengthening communication departments within MDAs and local governments with the aim of improving information gathering and dissemination.
Furthermore, the ministry has developed a centralised government information web portal (www.gov.go.ug), which functions as a gateway to all other government websites. The portal is reinforced by the ministry’s requirement for all MDAs to have a communications officer, functional website, a presence on social media and email addresses for officials to ensure public accessibility.
Watasa acknowledged that there has been a culture of secrecy among public officials further compounded by internal bureaucracies. He stated that the government was working to review archaic guidelines that restrict responsiveness or proactive disclosure by public officers.
Meanwhile, according to Watasa the government is also due to launch Open Government Sessions aimed at bridging the information gap between citizens and duty bearers. The sessions, which will be hosted monthly, will involve different MDAs interfacing with the public on functions, ongoing activities, budget allocations and expenditure and feedback. It is expected that the sessions will be broadcast live on TV and leverage social media platforms to allow remote participation.
However, it remains unclear when the archaic laws and guidelines will be reviewed and implemented to ease citizens’ access of public information. It is only through improved access to information that there can be increased social accountability and government transparency towards improved service delivery and greater citizen participation in governance and democratic processes.
The dialogue on access to information in Uganda was organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the Ministry of ICT and National Guidance in the context of the ICT4Democracy in East Africa initiative’s objective to engage stakeholders on supportive policies and practices for human rights and democratic governance in East Africa. It brought together 50 participants including public officials, policy makers, civil society, media, and scholars to reflect on the role of information in improving service delivery and accountability in Uganda.

The Right To information in Uganda: Unclogging The Bottlenecks

By Loyce Kyogabirwe |
The right to information (RTI) is essential for the functioning of any democracy and is a prerequisite for transparency, accountability, gender equality and citizens’ participation in governance processes. However, Uganda faces numerous challenges to realising the right to access information despite having an access to information law. In the course of 2016, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) made various interventions to advance RTI, including holding training events and round table discussions for civil society, the media and government officials.
Uganda’s 2005 right to information law remains little known and largely unimplemented. Government Ministries, Departments and Agencies (MDAs) hardly release information voluntarily and tend to be unresponsive to information requests from citizens, due to a culture of secrecy and government bureaucracy that conflict with the law. Conversely, few citizens demand for information as a result of low awareness of their rights and the belief that public officials routinely ignore citizens’ information requests.
At a December 15, 2016 dialogue involving public officials, including information officers from various MDAs, journalists and civil society representatives, it emerged that the government and citizens have not prioritised RTI. “The role of information has been undervalued and sometimes it gets a zero release in [MDA] budgets,” said a public official. Another noted that 11 years after the law was enacted, no MDA has submitted an annual report to parliament on its information disclosure record, including requests received from citizens, as required by the law.
Other challenges prominently cited included under-staffing in MDAs, employing information officers that are unqualified and who often lack mandate to speak on behalf of the public entity, and conflicting laws that make implementing the RTI law difficult.
Journalists shared their experiences of regularly being denied information, often with no reason provided. One journalist noted that informal approaches are the primary means of attaining public information held by the state.
At an earlier training for journalists, which was held on November 23, challenges of public information officers who are either not authorised to release information, or who refer to secrecy oaths not to release information, were prominently cited.
Further, journalists pointed out the cost of accessing information as a hindrance for ordinary citizens. “If it is my right to access information then why am I paying for it?” asked Regina Nassanga of Mama FM. According to the law, a fee of UGX 20 000 (Just over US$ 5) is required when making a formal request at an MDA office.
Despite these obstacles, there are some indications that things could get better. Each government department is now required to have an information officer, and a few public bodies are beginning to implement the government’s 2013 Communications Strategy, although they have been unable to make any significant increase to budget allocations for the information function.
Civil society representatives pointed out additional concerns including the lack of deliberate action to promote RTI particularity for women and people with disabilities. Moreen Nambalirwa from the National Union of Women with Disabilities noted that when information is disseminated to the public via television and radios, people with visual and hearing impairments miss out. She also stated that despite the directive from the Uganda Communications Commission that all TV stations should have a sign language interpretation during some news broadcasts, none of the more than 10 local TV stations have done so, further contributing to the exclusion and limited participation by PWDs in governance processes.
The convenings were organised by CIPESA and provided a space for civil society, public officials and journalists to share their experiences, learn from one another, and suggest possible ways to improve access to information.
 

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