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15Apr

CIPESA Makes Submission to the OHCHR on Human Rights in the Tech Sector

Author CIPESA Posted on

Submission |

The Collaboration on International ICT Policy for East & Southern Africa (CIPESA) has made submissions to the Office of the United Nations High Commissioner for Human Rights (OHCHR) on how businesses in the technology sector can improve the observance of human rights. 

The submissions, made in February 2022 in response to a call for inputs on the application of the United Nations Guiding Principles on Business and Human Rights (UNGPs) to the activities of technology companies, will feed into a report the OHCHR will submit to the Human Rights Council in June 2022. 

Below is a summary of CIPESA’s submission.

Emerging Trends

The digital age presents new challenges and ways of working that necessitate a review of how the UNGPs can be applied in the technology sector. Increasingly, states have become purchasers of digital technologies from technology companies to facilitate the implementation of various national programmes which present previously unforeseen risks to privacy as they facilitate mass surveillance. Commonly implemented national programmes posing threats to individual privacy include national digital identification systems, voter registration using digital biometric systems, mandatory SIM card registration, smart cities programmes, and installation of national video surveillance (CCTV) programmes integrating facial recognition systems.

Furthermore, digital technologies have fallen prey to retrogressive legal measures undertaken by states. Across Africa, countries have enacted legislation which compel telecommunications service providers to embed capability within their systems to facilitate the interception of communications by state security agencies, and the state acquisition of software and hardware equipment to facilitate surveillance and interception. 

In addition, some states have taken advantage of digital tools to carry out cyber attacks, censor online content, disseminate propaganda and disinformation. Moreover, many African governments have adopted laws limiting anonymity and the use of encryption.

Pressure on tech companies

Some governments continue to apply undue pressure on technology companies including social media platforms to provide personal information, take down content, and shut down the internet. Others have adopted repressive legislation to control the spread of information on social media, or to regulate internet intermediaries by placing undue liability on them for content on their platforms. During the Covid-19 pandemic, states developed various contact tracing systems and applications without adequate legal frameworks, or an assessment of the human rights impact of the applications. Also, state responses to hold companies accountable remain ad hoc, fragmented and not aligned with international standards.

Questionable company practices
Across the continent, social media, online search, fintech and advertising companies have adopted business models that are based on surveillance capitalism and thus continue to threaten the privacy of users, in some cases without users’ explicit knowledge or consent. Further, social media platforms have also contributed to the spread of harmful content online, which companies have failed to take effective measures to address. Also, social media content policies do not always adopt definitions of content that are rights-respecting, and their practices around content moderation are problematic. Content is often moderated using automated systems which lack local context, are discriminatory and embed bias.

Moreover, some platforms’ practices around content takedowns remain inaccessible, their content policies are not uniformly applied, and redress mechanisms do not always apply the rules of natural justice. In addition, some companies have continued to develop and sell surveillance technology to autocratic governments on the continent, which is subsequently used against human rights activists, government critics, and opposition leaders, which further exacerbates risks to human rights.

Trade of privacy for business continuity

The total sum of the government measures coupled with the pressure imposed on tech sector players is continent-wide trade of privacy for business continuity by technology companies. This is commonly seen in state surveillance through electronic technologies, including interception of communications, hacking of information of target persons especially political dissidents, activists and human rights defenders. The tech sector has, however, not done enough to ensure that individual privacy is guaranteed for their customers. 

In a continent where strong privacy laws remain scanty, the increased usage of online platforms and social media in the absence of adequate safeguards and oversight over companies remains a critical risk for privacy rights. The enjoyment of human rights and freedoms, especially freedom of expression and  access to information, association, assembly and movement have sharply declined.

Recommendations

Addressing human rights risks in business models:

  • The commitment to respect human rights as envisaged by the UNGPs  should be integrated at all levels in the company hierarchy and embedded across all its functions and processes.
  • Companies should take steps to mitigate risks within their existing business models, and continuously innovate new business models that are rights-respecting.
  • There is a need for continued research to promote greater understanding of the human rights risks in technology business models on the continent. 
  • Multistakeholder engagement should be promoted as it is a critical avenue to promote shared understanding of the human rights risks and impacts of technology in Africa.

Human Rights Due Diligence and end-use

Companies should do the following:

  • Conduct due diligence to identify, prevent or mitigate risks of harmful impact on their business. The due diligence should be conducted from project design and development phase of new products, services and solutions, and thereafter periodically through the lifecycle including promotion, deployment, sale and use.
  • Assess and monitor the effectiveness of their responses to human rights risks, with results of

such assessments guiding decision-making.

  • Review their state clients’ human rights records and ensure they do not develop, sell or offer

them technology products, services or solutions that contribute to or result in adverse human

rights impacts.

Accountability and remedy 

  • Companies should be transparent and accountable in how they address their human rights impact. Such transparency and accountability can be enhanced through periodic reporting to external stakeholders including through public reports.
  • Create platforms and avenues for engagement, information sharing and feedback between technology companies and various stakeholders.  
  • Implement credible and effective complaints reporting and handling mechanisms.
  • Companies should put in place measures to monitor and promote rights-respecting and responsible business practices and culture, and to remedy and mitigate adverse impacts caused by their actions.

The State’s duty to protect

  • Put in place administrative, policy, legislative, institutions to hold technology companies accountable for human rights violations, provide effective remedies for victims of rights violations related to technology, require companies to conduct due diligence and to have proper safeguards to protect the public from harm.
  • Develop laws, policies, regulations, standards, and guidance, including at the regional level to embed and ensure responsible business practices by technology companies and greater respect for human rights in the digital context.
  • Take measures to promote the use and adoption of digital technologies and address the growing digital divide, including by removing barriers to internet access and digital technologies.

See the full submission here.

07Apr

Policy Brief: Taxing Ugandan Citizens Out Of The Digital Society

Author CIPESA Posted on

By Edrine Wanyama |

Uganda’s Information and Communications Technology (ICT) sector contributes 9% of the country’s Gross Domestic Product (GDP) and could contribute to the country’s socio-economic transformation through innovation and food security, access to markets such as for agricultural produce, and improved service delivery. However, a new Policy Brief by CIPESA shows that universal, affordable access remains largely unattained due to the high and multiple taxes on digital products and services.

According to the GSMA’s Mobile Connectivity Index, which measures key enablers of mobile internet adoption such as infrastructure, affordability, content and services, Uganda lags behind its neighbours Kenya, Rwanda and Tanzania. 

According to the Uganda Communications Commission (UCC), by September 2021, the country had 29.1 million telephone subscriptions that translate into a national penetration of seven connections for every 10 Ugandans. However, the proportion of Ugandans who actually own or use mobile phones is less than 70% due to multiple SIM card ownership. Internet subscriptions stood at 22 million, or a penetration of 52%, yet the percentage of the population that actually uses the internet is much lower, as many users have multiple subscriptions.

Internet and mobile telephone penetration are still low in Uganda in comparison to  Kenya with 122% internet penetration and 133% mobile penetration, Rwanda with 64.4% internet penetration and 84.2% mobile penetration, and Tanzania with 50% internet penetration and 91% mobile penetration. The average phone subscriber in Uganda spends just UGX 10,500 (about USD 2.8) per month on voice, data and SMS services. This average revenue per user (ARPU) in Uganda is significantly lower than in other African countries.

Uganda levies  a direct 12% levy on the net price of internet data, after which a Value Added Tax (VAT) of 18% applies. There is also a 12% excise duty on prepaid airtime, postpaid airtime, and value added services, as well as a 10% import duty on devices. This multiple taxation translates into high cost of services, devices, hardware and software, with suppliers and service providers passing on the financial burden onto consumers, thereby aggravating the affordability challenge. 

With one of highest mobile data rates in the region, with 1 GB of data costing up to 16.2% of an average Ugandan’s monthly income, digital exclusion has been perpetuated with the groups most excluded from the digital economy being the elderly, rural communities, persons with disabilities , the youth, refugees  and migrants. Indeed,  research has found that Ugandan men are 43% more likely to be online than women. 

Meanwhile, according to the Brief, innovation and e-commerce continue to suffer regression with initiatives such as the National ICT Initiatives Support Programme (NIISP) and Digital Uganda Vision achieving minimal impact. This is because poor internet access hinders knowledge creation and stifles innovation in a world where fintechs, mobile payments and a growing array of e-services and e-trade are getting mainstreamed. Similarly, freedom of expression and access to information continue to be undermined despite consistent calls upon the government by the private sector to government to refrain from blocking access to the internet and some social media sites such as Facebook, a practice that undermines citizens’ access to information and freedom of expression, and which also cripples business operations.

The high and multiple digital taxation in Uganda has greatly undermined the ICT sector’s potential as a driver of socio-economic transformation and perpetuates exclusion. It also means that e-governance, e-services and e-commerce cannot achieve full scale, citizens’ access to information and public participation is undermined, and the innovation ecosystem remains frail.

The Brief  calls upon  the government, civil society and the technology sector to take the following measures for progressive reform in the sector. 

Government

  • Repeal all retrogressive legislation such as the Excise Duty (Amendment) Act of 2021 which provides for a 12% levy on the net price of internet data.
  • Lower the Value Added Tax on ICT services from the current 18% to not more than 12%, and reduce by 50% the import duty on ICT devices as well as the excise duty on airtime and value added services.
  • Undertake measures, such as tax incentives, to lower the cost of assistive technologies like screen readers, text-to-speech software, manual Perkins Brailler, hand-held magnifiers, hand frames/slates and communication boards for persons with disabilities.
  • Refrain from implementing measures that disrupt access to the internet and social media, and if any such measures are taken, they should be absolutely necessary, proportionate and for a very limited period of time.
  • Deliberately undertake measures to expand access and usage of ICT by disadvantaged groups, such as through leveraging the universal service fund (RCDF) to fund connectivity and services, as well as digital literacy programmes for rural dwellers, poor women, and persons with disabilities.

Civil Society

  • Advocate for affordable and inclusive access including through awareness campaigns and building the capacity of grassroots communities to push back against digital exclusion.
  • Engage in public policy consultations and challenge laws such as the Excise Duty (Amendment) Act of 2021 and others that impose an undue tax burden on digital services and devices.
  • Collaborate with government and technology actors in efforts to promote digital literacy and infrastructure sharing among others.
  • Research and document barriers to digital inclusion to form the basis for advocacy and engagement including through human rights review mechanisms 

Technology Sector

  • Comply with universal service obligations through infrastructure sharing and provision of accessible services/subsidies for marginalised communities.
  • Collaborate with civil society in efforts to promote digital literacy and innovation.
  • Engage in public policy consultations and challenge laws such as the Excise Duty (Amendment) Act of 2021 and others that impose an undue tax burden on digital services and devices.

Read the full Brief here

The-Africa-Digital-Rights-Fund
01Apr

Call for Proposals: Round Six of the Africa Digital Rights Fund (ADRF)

Author CIPESA Posted on

Call for Proposals |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is pleased to issue the sixth call for proposals to the Africa Digital Rights Fund (ADRF), which supports digital rights work across the continent through flexible and rapid response grants.

Grant amounts for this round will range between USD 1,000 and USD 10,000, depending on the need and scope of the proposed intervention. The ADRF strongly encourages cost-sharing. The grant period will not exceed six months.

Launched in April 2019, the ADRF supports organisations and networks to implement activities that promote digital rights, including advocacy, litigation, research, policy analysis, skills development and movement building. As at August 2021, the ADRF had supported 45 initiatives with a total sum of USD 564,000. 

Grantees have advanced learning on the intersection of technology, society and the economy across the continent. Notable efforts include studying the role of technology in human trafficking, promoting data protection in digital financial services, digital rights coalition building, confronting online abuse against women, capacity development in digital literacy and security for refugees and pushing back against barriers to digital accessibility for persons with disabilities. 

Furthermore, the Fund has provided technical and institutional support in impact communications and data-driven advocacy to further enhance grantees’ capacity and ensure sustainability of their work.

Application Guidelines

Geographical Coverage

The ADRF is open to organisations/networks based and/or operational in Africa and with interventions covering any country on the continent.

Size of Grants

Grant size shall range from US$1,000 to US$10,000. Cost sharing is strongly encouraged.

Eligible Activities

The activities that are eligible for funding are those that protect and advance digital rights. These may include but are not limited to research, advocacy, engagement in policy processes, litigation, digital literacy and digital security skills building. The current call is particularly interested in proposals for work related to:

  • Data governance including aspects of data localisation, biometric databases and digital ID
  • Digital resilience
  • Digital economy
  • Digital inclusion
  • Misinformation/disinformation

Duration

The grant funding shall be for a period not exceeding six months.

Eligibility Requirements

  • The Fund is open to organisations and coalitions working to advance digital rights in Africa. This includes but is not limited to human rights defenders, media, activists, think tanks, legal aid groups, and tech hubs. Entities working on women’s rights, or with youth, sexual minorities, refugees, and persons with disabilities are strongly encouraged to apply.
  • The initiatives to be funded will preferably have formal registration in an African country, but in some circumstances organisations and coalitions that do not have formal registration may be considered. Such organisations need to show evidence that they are operational in a particular African country or countries.
  • The activities to be funded must be in/on an African country or countries.

Ineligible Activities

  • The Fund shall not fund any activity that does not directly advance digital rights.
  • The Fund will not support travel to attend conferences or workshops, except in exceptional circumstances where such travel is directly linked to an activity that is eligible.
  • Costs that have already been incurred are ineligible.
  • The Fund shall not provide scholarships.

Administration

The Fund is administered by CIPESA. An internal and external panel of experts will make decisions on beneficiaries based on the following criteria:

  • If the proposed intervention fits within the Fund’s digital rights priorities.
  • The relevance to the given context/country.
  • Commitment and experience of the applicant in advancing digital rights.
  • Potential impact of the intervention on digital rights policies or practices.

The deadline for submissions is Friday April 15, 2022. The application form can be accessed here.

the-africa-digital-rights-fund-le-fonds-africain-pour-les-droits-numeriques-fund
31Mar

Technology, Society and the Economy: Lessons from the Africa Digital Rights Fund

Author CIPESA Posted on

By Ashnah Kalemera |

The role of technology in driving social, economic and political transformation in Africa is widely recognised. Continent-wide efforts including the Digital Transformation Strategy for Africa (2020-2030) and the Africa Continental Free Trade Agreement (AfCFTA) present opportunities to re-shape countries’ interventions in harnessing technology for transparency and accountability, citizens’ participation, service delivery, innovation and respect for human rights. 

However, there remain various challenges to digitalisation in the social, public and private sectors across the continent. According to stakeholder engagements and documentation on digital transformation which were conducted by grantees of the Africa Digital Rights Fund (ADRF) during 2021 and 2022, key challenges include conflict and instability, illiteracy, poor infrastructure, and inadequate policy and legislative frameworks.  

Using its second grant from the ADRF, Digitally Yours analysed government and civil society technology initiatives in Algeria, Egypt, Libya, Morocco, Tunisia, and Sudan to establish the reality beyond the hype. The findings are captured in Arabic, English and French language podcasts that feature speakers from the United Nations Economic and Social Commission for Western Asia (UNESCWA), the Open Government Unit at the Organisation for Economic Co-operation and Development (OECD) and the Arab Centre for Cyberspace Research, among others.

The podcasts indicate that in Libya, political instability coupled with limited infrastructure roll-out and a weak legal and regulatory environment have limited public and private sector adoption of technology. Despite the prevailing challenges, notable initiatives include Hexa Connection which is at the forefront of promoting technology for entrepreneurship, governance, civic engagement and innovation; and Lawyers for Justice Libya, whose Adala Academy serves as an online education platform for human rights. Technology is also playing a crucial role in pushing back against racial discrimination in Libya. 

The podcast series also documents technology-enabled citizen journalism and cultural and creative expression in Tunisia, online citizen-parliamentary engagement in Morocco, and how internet shutdowns have undermined media and researchers’ roles in the context of Sudan’s political contestations. The podcasts underscore the importance of open government, data protection and privacy for refugees, national cyber security strategies that are protective rather than oppressive, and fact-checking in pursuit of effective digitalisation in the region. 

Listen to season one and two of the Digitally Yours Podcast

Away from North Africa, Somalia boasts a fast-evolving technology sector, with affordable internet and active efforts to mainstream digital rights. The 2020 eGovernment Survey, which measures eGovernment developments and performance, ranked Somalia 191st globally out of 193 countries. In line with the objectives of Somalia’s ICT Policy and Strategy 2019-2024, ADRF grantee  Bareedo Platform engaged the public, local government authorities, the media, academia and civil society organisations on digital transformation.

Bareedo initiated awareness campaigns on eGovernment and how its adoption at local government levels can transform and facilitate more accessible public services, allow greater public access to information, and promote duty bearer-citizen interactions. The campaigns were coupled with roundtables in Garowe and Mogadishu on digitalisation for service delivery. In Garowe, the capital of semi-autonomous Puntland, it emerged that local authorities had spearheaded digitalisation programmes in taxation, land and property registration, as well as public consultations and public expenditure. 

In Somalia’s capital Mogadishu, the move to online services was seen as an opportunity to overcome some of the challenges linked to terrorism in the city. For instance, a 2019 terrorist attack at the Mogadishu local government building disrupted service delivery to residents. The two local government authorities committed to advancing digitalisation and enabling ICT policies, and identified registration of births, applications for business permits and revenue collection as the priority services for digitalisation. Digital illiteracy and the lack of harmonisation in platform roll-out were highlighted as the key barriers to increased adoption of the various online service offerings.  

In neighbouring Kenya, despite the existence of a Digital Economy Blueprint whose vision is a “digitally empowered citizenry living in a digitally enabled society”, the country introduced an inhibitive digital taxation regime in 2020. With support from the ADRF, Mzalendo Trust worked to highlight the opportunities and challenges faced in Kenya’s digital economy. In a policy brief on the Digital and Data Policies for Promoting a Secure and Inclusive Digital Economy in Kenya, Mzalendo Trust documented the exclusion of women and youth from Kenya’s digital economy due to cultural biases, mobility restrictions, security risks and time limitations, among other factors. On the other hand, the digital economy was found to present new opportunities for women and youth, opening up external and internal digital markets to serve small and medium enterprises.

Based on the findings of the policy brief, Mzalendo Trust convened two stakeholder forums bringing together innovators, private sector associations, civil society organisations, economic think-tanks, state agencies and policy makers to deliberate on inclusion in the digital economy and the need for  supportive policy frameworks. 

Mzalendo Trust’s digital economy work echoes that of CUTs International Kenya, which, with support from ADRF worked to  raise the visibility of consumer protection in the digital financial sector through op-eds and a policy brief, alongside stakeholder engagements with digital financial services stakeholders including the Capital Markets Authority (CMA), Retirement Benefits Authority (RBA), Financial Sector Deepening (FSD), Kenya Bankers Association (KBA), FinTech Association of Kenya (FAK) and Competition Authority of Kenya (CAK).

Meanwhile, building on the foundations of its civic engagement and data journalism efforts, ADISI-Camero promoted data journalism, social accountability and citizen-duty bearer engagement beyond Cameroon’s economic capital Douala. The initiative built the capacity of youth leaders in digital advocacy, public policy participation, and  access to information. A Memorandum of Understanding signed with Deseka Municipality supported the evaluation and redesign of http://www.communedeseka.org  to promote transparency and accountability. 

The success of the ADISI-Cameroon-Deseka Municipality model saw other municipalities – Dschang, d’Edéa 1er and Loum – express interest in forging partnerships to promote citizen-duty bearer engagement. According to ADISI-Cameroon’s Executive Secretary Paul-Joel Kamtchang, “the extension of this [Eseka] model to other municipalities in the country would allow us to constitute a “Hub of Open Councils”.

Recommendations emerging from the various ADRF grantee interventions include operationalisation of supporting frameworks such as for cyber security, data protection and privacy; increased participation of minority and marginalised groups in the design of initiatives; multi-stakeholder collaboration; harmonisation of national and local government plans; and digital literacy skills building. 

Launched in April 2019, the ADRF supports advocacy, skills development, and movement building to effectively influence policy and practice for digital rights protection in Africa by offering flexible and rapid response grants. As at August 2021, ADRF had supported 45 initiatives with a total sum of USD 564,000. 

Past grantee efforts have included studying the role of technology in human trafficking, promoting data protection in digital financial services, digital rights coalition building, confronting online abuse against women, capacity development in digital literacy and security for refugees and pushing back agaisnt barriers to digital accessibility for persons with disabilities.

22Mar

African Countries Engage in Regional Dialogue Over Internet Universality Indicators Study

Author CIPESA Posted on

By UNESCO |

On 16 March 2022, UNESCO, jointly with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) convened a regional dialogue on implementing Internet Universality ROAM-X Indicators (IUI) in Africa.

The event, supported by the  International Program for Development of Communication (IPDC) of UNESCO,  gathered a number of leading  national actors and experts who shared best practice and lessons learned from implementing national assessments of ROAM-X indicators in Benin, Ethiopia, Ghana, Kenya, Niger and Senegal.

Juliet Nanfuka representing CIPESA opened the session by recalling that the event builds on CIPESA’s joint efforts and long-term partnership  with UNESCO to raise awareness on the intersection of access to information and application of the ROAM-X indicators  initiated at World Press Freedom Day celebrations in 2018 and the same year’s Forum on Internet Freedom in Africa as part of the International Day for Universal Access to Information (IDUAI).

Xianhong Hu, UNESCO’s focal point of the ROAM-X project, presented the global progress of assessing ROAM-X indicators in 45 countries and highlighted Africa as the leading continent with 17 countries having undertaken the assessment. Ms Hu stressed the urgent need to scale up the ROAM-X indicators’ assessments in more African countries to promote meaningful connectivity and humanistic digital transformation for advancing human rights and sustainable development.

“Africa needs to adjust its digital policy to be more inclusive and the ROAM-X indicators assessment would make a huge difference to support African countries’ inclusive digital transformation and build evidence-based policies.” Dorothy GordonChair of UNESCO’s Information For All Programme (IFAP)

Giving perspectives from West Africa, Professor Alain Kiyindou, Lead researcher of the assessment in Benin and Niger, pointed out the gender inequalities in access to Internet and in the workplace and called for more inclusion of African actors and vulnerable groups in the digital space as well as in the composition of national Multi-stakeholder Advisory Boards and research teams.

Also giving a West African perspective, Dr. Gideon Anapey, researcher for the assessment in Ghana, stressed that, “For African Member States to engage with UNESCO and initiate the ROAM-X project in the region, there is a strong need for capacity building that consists in deepening awareness on ROAM-X, fostering various stakeholders’ engagement, covering ICT integration and inclusion”.

Aderaw Tassew, Mr Asrat Mulatu (Ph.D), both representing Ethiopia and Ms Grace Githaiga from the Kenya ICT Action Network (KICTANet) presented on how they approached the assessment in their respective countries alongside highlighting the potential opportunities held by the indicators. Despite vast dissimilarities between the two countries in Internet access, they noted shared challenges unveiled by the assessment including on data collection, funding, political instability, weak legal frameworks and political will, digital literacy gaps, and various levels of the abuse of digital rights.

UNESCO and CIPESA jointly call for more African countries to take up the national assessment of ROAM-X indicators to promote Internet reforms for advancing media freedom and digital rights in Africa.  Following the webinar, in-country training sessions on the indicators will be conducted by CIPESA in Cameroon, Malawi, Namibia, Somalia and Uganda. Member States that are interested in  getting involved are invited to reach out to CIPESA: [email protected].

In 2015, the 38th General Conference of UNESCO endorsed a new definition on the Universality of the Internet based upon four principles – Rights, Openness, Accessibility to all and Multi-stakeholder participation- the ROAM principles. The four pillars outline a comprehensive framework for the assessment of national digital landscapes towards focusing on multiple dimensions of human rights, open Internet, quality of access and inclusive multi-stakeholder governance, promoting the growth and evolution of the Internet, and the achievement of the Sustainable Development Goals.

This article was first published by UNESCO on March 22, 2022

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