Blog – Page 103 of 158 – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

30Jan

The Right To information in Uganda: Unclogging The Bottlenecks

admin January 30, 2017

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.

24Jan

Open Letter To Cameroonian Government On Internet Connectivity In Anglophone Regions

admin January 24, 2017

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

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> accessed 18 February 2016.
Originally published here – French Version available here

19Jan

Call for Expression of Interest: ICT Law Associate

admin January 19, 2017

Job Opening |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA, www.cipesa.org) seeks to recruit an ICT Law Associate to support our work in the Internet Freedom thematic area. The Associate will contribute to CIPESA’s work related to digital rights capacity building, analysis and documentation of the impact of existing and proposed legislation on human rights and access to technology in Africa, among others. To this end, the Associate will perform the following roles:

Lead the analysis of existing and proposed laws that would impact freedom of expression, privacy, and access to information;
Identify and coordinate strategic litigation opportunities in the areas of freedom of expression, privacy, and access to information;
Build the knowledge and skills of CIPESA partners and civil society groups on digital rights and ICT policy through training and ongoing support;
Develop advocacy positions on internet freedom related issues
Take part in public awareness and advocacy around internet freedom and good governance issues.
Draft reviews and stakeholder submissions on bills under consideration by legislatures and amendments that impact on internet freedom and democratic governance.
Contribute to ongoing learning and knowledge exchange within CIPESA’s programmes and partners.

The role is full time preferably based in Kampala, Uganda although other locations in East or Southern Africa may be considered. Initial contract span is one year with an expected start date of late February or early March 2017.
Required experience and qualifications

Advanced training in Law and technology (preferably Master’s degree)
Familiarity with ICT legal frameworks and best practices, both international and in Africa – notably in the countries where CIPESA works.
Familiarity with African and international human rights instruments.
Proven policy analysis, research and legal drafting experience.
Strong advocacy skills including working with state and non-state actors.
Ability to communicate effectively (orally and in writing), speak persuasively, express complex issues in simple terms and present ideas clearly and concisely
Demonstrated knowledge of issues and actors in internet governance and internet freedom eco- system in Africa and internationally.
Ability to work in a collaborative, team environment.
Proposal writing skills a plus.

To apply
Submit an expression of interest with CV detailing previous experience and work done, proof of qualifications, two samples of your written work (for example articles, briefs, research reports) and salary expectations. All applications should be sent to [email protected] with subject line stating Application for ICT Law Associate. The deadline for submissions is 17.00 (East African Time) on January 31, 2017.
Applications received after the deadline will automatically be rejected.

19Jan

Supercharging Human Rights Defenders // East Africa

admin January 19, 2017

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:

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.
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.
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.

17Jan

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

admin January 17, 2017

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.

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