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20May

Malawi Telcos Further Reduce Data Prices But Affordability Concerns Remain

Author CIPESA Posted on

By Jimmy Kainja |

Data prices in Malawi have been reduced following recent engagements between the Malawi Telecommunications Regulatory Authority (MACRA) and telecommunications operators. Under the new rates, the cost of 1GB to 4GB bundles are down by between 10% and 31% across the country’s two leading internet service providers – Airtel and TNM.

Announcing the reductions, MACRA stated that it was cognisant of affordability concerns raised by citizens and thus worked with telecommunications operators to “review and revise the current data prices more especially the lower volume bundles which are commonly used by the majority of internet users in the country.”

The new rates, which came into effect in April this year, cut across different validity periods – daily, weekly and monthly. In addition, Airtel Malawi has also removed the validity period for its 1GB PaNet NoVa, which is priced at MK3,500 (USD 4.40). Further, the reductions include packages for social media access and weekend access.

Validity Bundle Operator
Airtel TNM
Old rate New rate Old rate New rate
Daily 1GB MK 1.800 (USD 2.30) MK 1.500 (USD 1.90)
Weekly 1GB MK 2.500 (USD 3.14) MK 2.000 (USD 2.55)
Monthly 1.2GB MK3.500 (USD 4.40) MK2.500 (USD 3.14)
1GB MK3.500 (USD 4.40) MK2.450 (USD 3.10)
2GB MK5,000 (USD 6.30) MK4,000 (USD 5.05) MK5,000 (USD 6.30) MK4,200 (USD 5.30)
4GB MK8,000 (USD 10.05) MK7,000 (USD 8.80)
Unlimited 1GB MK3,500 (USD 4.40)

This is the second time in less than a year that data prices have  been reduced in Malawi. Last August, telcos reduced data prices in response to a joint statement by the Centre for Human Rights and Rehabilitation (CHRR), the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), and other organisations urging the Malawi government to review the cost of telecommunications services, especially in view of Covid-19 restrictions some of which have led to increased reliance on digital technologies in Malawi and across the world.

At the time, MACRA agreed with CHRR, CIPESA and others that the cost of the internet in Malawi was too high. The regulator committed to engaging with telcos to explore further possibilities for data cost reduction. Since then, the regulator reports having been engaging telcos “to further review the standard volume bundles offered to consumers to align to the cost of providing the services in the country.”

Malawi is currently ranked 174 out of 189 countries on the United Nations Development Programme’s  Human Development Index, which measures a country’s average achievement in key dimensions of human development. An estimated 71% of Malawians live in extreme poverty. Malawi has one of the lowest mobile and internet connectivity rates in the world, owing to socioeconomic factors but also due to policy gaps that have contributed to the high cost of the internet and limited investment in critical infrastructure that could spur connectivity, especially in rural areas where the majority of Malawians live.

According to the 2019 National Household Survey on Access and Usage of ICT Services in Malawi, mobile phone ownership at household and individual level was at 36.5% and 43.2% respectively. During the same period, internet penetration stood at 14.6%, of which 40.7% of users were in urban areas while 9.3% were in rural areas. The majority of internet users (96.8%) accessed the internet via mobile phones compared to 11.8% who connected via a laptop or a desktop computer. The survey revealed that poor quality of service, affordability, and literacy were among the factors inhibiting greater access to and use of the internet. Indeed, compared to its regional counterparts, Malawi scores lowly on the 2020 GSMA Mobile Connectivity Index, which measures the key enablers of mobile internet adoption in various countries.

The recent reductions are commendable efforts towards improving access to the internet for all citizens including disadvantaged and marginalized groups of the population, by improving affordability. They reinforce the interventions of the Universal Service Fund (USF), whose aims include providing universal access “in areas that are not economically viable or that are marginally viable without subsidies.”

However, other barriers to access such as the prevailing taxation regime need to be addressed in order to more meaningfully enable affordability for the majority of Malawians. Furthermore, it is essential to ensure a competitive environment through quality of service and compliance monitoring of dominant operators and removing barriers for licensing new market entrants. As stated by the GSMA in the Inclusive Internet Index 2020 report, “the country’s efforts to extend internet access are stymied by weak communications market competition [and] high prices for data.”

24Mar

Namibia and Sierra Leone’s Digital Rights Record to be Assessed at the 38th Session of the Universal Peer Review

Author admin Posted on

By Edrine Wanyama |

Namibia and Sierra Leone are among the countries that will undergo their Universal Periodic Review (UPR) at the upcoming 38th session of the United Nations Human Rights Council slated to take place in May 2021. The two countries have distinct human rights and governance track records, accompanied by  increasing digitalisation, making it important that the UPR recommendations for both states reflect the need for the protection of fundamental freedoms both online and offline.

Despite being coastal countries with direct connection to  submarine cables, internet penetration rates remain low – 36.8% in Namibia and 13.2 % in Sierra Leone. Namibia continues to suffer from high income inequality which exacerbates internet affordability and  service delivery. These factors contribute to its poor ranking at 84 out of the 100 countries assessed as part of  the 2020 Inclusive Internet Index on internet availability, affordability, relevance of content and readiness. For its part, Sierra Leone ranks at 57 out of 61 countries assessed by the Alliance for Affordable Internet on  internet affordability. Prevailing challenges include poor service delivery and reported  misappropriation of funds.

                See insights on digital access by our Africa Digital Rights Fund (ADRF) Grantee, Global Voices

Out of the 218 recommendations made to Namibia by 88 countries in the second cycle of the UPR in 2016, only one reference was made to freedom of expression and the press. Understandably, it is the highest ranked African country  on the global press freedom index – 23rd in  2019 and 2020 out of 180 countries assessed. Namibian Courts have also been instrumental in upholding freedom of expression and other related rights as reflected in a judgment in which an appeal by the Namibia Central Intelligence Service (NCIS) that sought to stop the publication of an article about corruption was dismissed. Similarly, the Supreme Court in 2018 ruled that the collection of licensed operators’ turnover by the Communications Regulatory Authority of Namibia was unconstitutional since the Universal Service Fund which is provided for by Section 57 of the Communications Act, 2009 (Act No. 8 of 2009) was not operational yet.

Nonetheless, there are freedom of expression challenges in Namibia including government threats to media independence, harsh criticisms of the media, calls to gag social media under the guise of  fighting misinformation and cybercrime, and preferential treatment accorded to state-owned media. Further, there are reported cases of harassment, assault and threats against media practitioners such as the assault of two journalists by the President’s Security Unit during the opening of the Covid-19 isolation facility. During the elections in 2019, there were blatant attacks on media practitioners over alleged influence of elections, while the government warned citizens against bullying and irresponsible use of social media platforms, which purportedly endangers lives. The publication of false or misleading statements on Covid-19 was outlawed in April 2020 with a potential penalty of a fine of up to 2,000 Namibian Dollars (USD 134) or imprisonment of up to six months. Since the outlaw, various incidents of arrests and detention of citizens have been reported.

On access to information, Namibia’s proposed access to information bill contains wide ranging exemptions that could negatively impact on the exercise of digital rights and freedoms if passed into law. Some of the notable exemptions include information and records pertaining to national security, proceedings of the cabinet, confidentiality of judicial functions, and information in possession of some public bodies.

In comparison, at the second UPR cycle, Sierra Leone received 213 recommendations from 88 countries, of which  seven recommendations were on freedom of expression. Ranked at 85 on the global press freedom index, the country continues to grapple with press freedom as witnessed in the arrests and arbitrary detention of individuals over online expression on allegations of incitement and subversion, false news and defamation. Moreover, the recent Independent Media Commission (IMC) Act 2020 creates room for censorship of media by empowering the Independent Media Commission to shut down media houses on ambiguous grounds of “public interest”. In July 2019, the IMC threatened  to suspend 12 media houses for non-payment of fines.

Progressive developments in Sierra Leone have included the cabinet move to decriminalise defamation and libel by repealing Part V of the Public Order Act . However, there have been instances where freedom of expression online has been undermined. In March 2018, the internet was shut down on the general election day consequently denying party affiliates an opportunity to receive results from the National Electoral Commission, and citizens and the media the opportunity to engage freely at this critical time. This block to digital access to information was contrary to Sierra Leone’s Access to Information law, 2013 which provides for disclosure of information held by public authorities or by persons providing public services. Notwithstanding the 2013 law’s promotion of openness, there are wide ranging exemptions  under Part II. These include, among others, information related  to national security and defense, international relations, investigations and law enforcement, economic and commercial interests related information.

On data protection, both countries are yet to enact legislation, which has left citizens’ right to privacy and personal data at risk of abuse and misuse. Amidst reports of state sponsored surveillance and online violence against women, the draft bill in Namibia has been undergoing consultations since early 2020. Sierra Leone’s Cybersecurity Bill engenders aspects of privacy and data protection. However, it is yet to be passed by parliament.

As part of the upcoming UPR for both countries, it is important to fasttrack the protection of fundamental human rights and basic freedoms both online and offline against the national, regional, and international human rights obligations. Accordingly, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and Small Media, together with civil society organisations made joint stakeholder submissions on digital rights in the two countries. The Sierra Leone submission was made in partnership with Campaign for Human Rights and Development International, Sierra Leone Reporters Union, Citizens Advocacy Network and the The Institute for Governance Reform while that for Namibia was in partnership with the Internet Society (ISOC) Namibia chapter.

The submissions among others recommend for the two countries to:

  • Repeal and or amend laws to remove erroneous restrictions on freedom of expression and access to information. Notably, for Namibia – Article 21(2) of the Constitution, the Protection of Information Act, 1982, and Section 4 of Central Intelligence Services Act, 1997; and for Sierra Leone – Independent Media Commission Act, 2020
  • Uphold privacy of the individual by among others, repealing section 9 of the Communications Act (Namibia), and enacting Cybercrime, Data Protection and Privacy legislation through participatory and consultative processes (both countries)
  • Operationalise the Universal Service Funds and continue efforts to promote equitable access and inclusion for minority, marginalised and underserved communities
  • Abstain from arbitrary arrests and detention of journalists, media workers and critics over the exercise of their right to freedom of expression online or offline.
  • Comply with the established regional and international human rights standards and obligations on freedom of expression and access to information online and offline.

Read the full submissions, Namibia and Sierra Leone.

09Apr

Centre for Human Rights and CIPESA Conduct Study on Civil Society in the Context of the Digital Age in Africa

Author admin Posted on

By Center for Human Rights and CIPESA |
The study on Civil society in the digital age in Africa: identifying threats and mounting pushbacks was undertaken by the Centre for Human Rights, University of Pretoria and the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) to explore the extent of state-sponsored digital challenges that the civil society in Africa is faced with. It illustrates the challenges faced by civil society organisations and the importance of digital security measures.
Considering the digital threats contributing to the shrinking civic space on the continent, the study highlights the international and regional framework governing the activities of civil society. It further maps the national legislative and policy threats against civil society in selected African countries: Egypt, Sierra Leone, Uganda and Zambia. The study shows how these digital threats not only limit the operations and existence of civic society but also impede the enjoyment of human rights such as the freedoms of association, assembly and the right to freedom of expression.
Based on the findings of the study, it is argued that civil society organisations are significant players in the democratic development and protection and promotion of human rights and thus, their operations and rights should be safeguarded. The study, therefore, calls on African governments to respect their obligations under international human rights law and adopt measures that enable civil society to perform their mandate in promoting good governance, accountability and respect of human rights on the continent, especially in the context of the digital age. The study also recommends the civil society to devise methods of countering digital threats. This could be done through the development and implementation of human rights-sensitive organisational data protection, digital security policies and enhanced organisational understanding of how they can harness digital technologies for digital security purposes. Further, the study encourages the private sector and funders to support and complement the efforts by the civil society in advancing digital rights and opening up the civic space.

Civil society in the digital age in Africa: identifying threats and mounting pushbacks

English

Civil society in the digital age in Africa identifying threats and mounting pushbacks

This report documents the threats to civil society in the digital age by examining the legislative and regulatory framework, as well as state action in four countries in Africa: Egypt, Sierra Leone, Uganda and Zambia. The recommendations emanating from the research call for the states to revise and repeal identified restrictive laws and align them with international standards.
Download the full study here.
06Aug

Challenges and Prospects of the General Data Protection Regulation (GDPR) in Africa

Author admin Posted on

Policy Brief |
Privacy is a fundamental human right guaranteed by international human rights instruments including the Universal Declaration of Human Rights in its article 12 and the International Covenant on Civil and Political Rights, in its article 17. Further, these provisions have been embedded in different jurisdictions in national constitutions and in acts of Parliament.
In Africa, regional bodies have invested efforts in ensuring that data protection and privacy are prioritised by Member States. For instance, in 2014 the African Union (AU) adopted the Convention on Cybersecurity and Personal Data Protection. In 2010, the Southern African Development Community (SADC) developed a model law on data protection which it adopted in 2013. Also in 2010, the Economic Community of West African States (ECOWAS) adopted the Supplementary Act A/SA.1/01/10 on Personal Data Protection Within ECOWAS. The East African Community, in 2008, developed a Framework for Cyberlaws. Notwithstanding these efforts, many countries on the continent are still grappling with enacting specific legislation to regulate the collection, control and processing of individuals’ data.
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into effect. The GDPR is likely to force African countries, especially those with strong trade ties to the EU, to prioritise data privacy and to more decisively meet their duties and obligations to ensure compliance.
See this brief on the Challenges and Prospects of the General Data Protection Regulation (GDPR) in Africa, where we explore the consequences of GDPR for African states and business entities.

25Jun

Oral Statement Delivered At The United Nations Human Rights Council

Author admin Posted on
Joint Statement |
Thank you, Mr. President.

This statement is delivered on behalf of the Association for Progressive Communications (APC), the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Derechos Digitales, and the Women of Uganda Network (WOUGNET).

As organisations committed to maintaining the use of the internet for human rights, social justice and sustainable development, we are concerned about the increase in threats to freedom of expression online. Attacks on freedom of expression online are taking many forms, including internet shutdowns, regressive cybercrime laws, and privatisation of censorship, among others.

We wish to highlight for the attention of the Council the following situations of concern:

In Uganda, the government adopted a “social media tax” in May, which will require users of over-the-top (OTT) services, including messaging and voice calls via WhatsApp, Facebook, Skype and Viber. to pay a mandatory fee of USD 0.05 per day of use. In a context in which social media has served as many users’ initial entry point to the internet, this tax could negatively impact the affordability and broader use of the internet, particularly by low-income Ugandans, as well as stifle freedom of expression, association and assembly online. Similarly, the recent introduction of stringent online content regulations in Tanzania, Uganda and the Democratic of Republic of Congo threaten citizens’ rights to privacy and freedom of expression and promote self-censorship.

In Latin America, we observe a trend by governments in the region to regulate online expression that is critical of dominant political forces or that amplifies dissident voices of traditionally discriminated groups, under the guise of “online hate speech” or “cybersecurity”. Examples can be found in Brazil, Ecuador, Guatemala, Honduras, Paraguay and Venezuela, among others. In some cases, legislative reforms have been introduced just before the start of electoral processes or the rise of social movements; in others, restrictive measures are administratively established, bypassing democratic legislative processes entirely. We also observe efforts in the region to criminalise expression and to require private companies to moderate online content, an issue addressed in detail by the recent report of the UN Special Rapporteur on freedom of opinion and expression. This implies an undermining of due process, as required by international human rights standards, by delegating the function of the judiciary to the private sector. At the same time, it incentivises companies to err on the side of caution and take down content to avoid facing high fines or, in the case of Venezuela, the threat of revocation of authorisation to operate.

We urge the Council with its bi-annual resolution on the promotion, protection and enjoyment of human rights on the internet to condemn and call for the end to such restrictions on online expression, and to adopt human rights-based approaches to internet access and regulation.

Thank you, Mr. President.

Source: Information.

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