News Archives – Page 25 of 103 – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

14Dec

South Sudan’s Cybercrimes and Computer Misuse Order 2021 Stifles Citizens’ Rights

CIPESA December 14, 2021February 10, 2023

By Edrine Wanyama |

South Sudan has enacted the Cybercrimes and Computer Misuse Provisional Order 2021 aimed to combat cybercrimes. The country has a fast-evolving technology sector, with three mobile operators and 24 licensed internet service providers. Investments in infrastructure development have propelled internet penetration to 16.8% and mobile phone penetration to 23% of the country’s population of 11.3 million people, which necessitates a law to curb cybercrime.

The Order is based on article 86(1) of the Transitional Constitution of South Sudan 2011, which provides that when parliament is not in session, the president can issue a provisional order that has the force of law in urgent matters.

The Cybercrimes and Computer Misuse Order makes strides in addressing cybercrimes by extending the scope of jurisdiction in prosecuting cybercrimes to cover offences committed in or outside the country against citizens and the South Sudan state. The Order also establishes judicial oversight especially over the use of forensic tools to collect evidence, with section 10 requiring authorisation by a competent court prior to collecting such evidence. Furthermore, the Order attempts to protect children against child pornography (section 23 and 24), and provides for prevention of trafficking in persons (section 30) and drugs (section 31).

However, the Order is largely regressive of citizens’ rights including freedom of expression, access to information, and the right to privacy.

The Order gives overly broad definitions including of “computer misuse,” “indecent content,” “pornography,” and “publish” which are so ambiguous and wide in scope that they could be used by the state to target government opponents, dissidents and critics. The definitions largely limit the use of electronic gadgets and curtail the exercise of freedom of expression and access to information.

Article 22 of the Transitional Constitution of South Sudan 2011 guarantees the right to privacy. The country has ratified the International Convention on Civil and Political Rights (ICCPR) that provides for the right to privacy under article 17 and the African Charter on Human and Peoples Rights, whose article 5 provides for the right to respect one’s dignity, which includes the right to privacy. The Order appears to contravene these instruments by threatening individual privacy.

Despite a commendable provision in section 6 imposing an obligation on service providers to store information relating to communications, including personal data and traffic data of subscribers, for 180 days – a period far shorter compared to other countries – personal data is still potentially at risk. The section requires service providers and their agents to put in place technical capabilities to enable law enforcement agencies monitor compliance with the Order. With no specific data protection law in South Sudan and without making a commitment to the leading regional instrument, the African Union Convention on Cyber Security and Personal Data Protection, privacy of the citizens is at stake.

The section on offences and penalties lacks specificity on fines which may be levied on errant individuals or companies. On the other hand, some of the offences provided for under the Order potentially curtail freedom of expression and the right to information. For instance, the offence of spamming under section 21 could be interpreted to include all communications through online platforms including social media platforms like Facebook and WhatsApp. Under the provision, virtually all individuals who forward messages on social media stand the risk of prosecution. This also has a chilling effect on freedom of expression and the right to information.

The offence of offensive communication under section 25 potentially has a chilling effect on freedom of expression, media freedom and access to information. A similar provision under section 25 of the Computer Misuse Act, 2011 of Uganda has been widely misused to persecute, prosecute and silence political critics and dissidents. Section 25 of the South Sudan Cybercrimes Order could be used in a similar manner to target government critics and dissidents.

In CIPESA’s analysis of the Order, we call for specific actions that could ensure the prevention of cybercrime while at the same time not hurting online rights and freedoms, including:

Deletion of problematic definitions or provisions from the Order.
Enactment of a specific data protection law to guarantee the protection of data of individuals.
Urgent drafting of rules and regulations to prescribe the procedures for implementing the Order.
Ratification of the African Union Convention on Cyber Security and Personal Data Protection.
Service providers should not be compelled to disclose their subscribers’ information to law enforcement agencies except on the basis of a court order.
Amendment of the Order to emphasise the oversight role of courts during the processes of access, inspection, seizure, collection and preservation of data or tracking of data under section 9.

Read the full analysis here.

03Dec

CIPESA Working On Advancing Digital Inclusion for Persons With Disabilities in Africa

CIPESA Writer December 3, 2021February 10, 2023

By Staff Writer |

Persons with disabilities have unique needs and have for long been disadvantaged, yet the more some African countries get digitally connected, the deeper the digital divide for this community seems to grow. Despite growth in Information and Communications Technology (ICT) penetration, a large section of persons with disabilities faces digital exclusion due to lack of access and affordability of the requisite ICT tools and equipment, and failure by telecommunication operators to provide information and services in disability-friendly formats.

While millions turned to technology and traditional media for information in the wake of the Covid-19 pandemic, critical messages about the disease that are disseminated by health authorities, telecom companies, and broadcasters were and still are not reaching persons with visual and hearing impairments.

In turn, the digital exclusion of persons with disabilities worsened with the Covid-19 pandemic yet the Covid-19 crisis rendered technology key to working, learning, political participation and the enjoyment of other rights. Yet few organisations, within and outside the digital rights movement, are pushing for greater ICT accessibility.

These gaps in access to information gaps are growing despite the International Disability Alliance (IDA) issuing key recommendations towards a disability-inclusive Covid-19 response, including the requirement that persons with disabilities must receive information about infection mitigating tips, public restriction plans, and the services offered, in a diversity of accessible formats with use of accessible technologies.

The Collaboration for International ICT Policy for East and Southern Africa (CIPESA), is working to raise the availability of information on ICT and disability in Africa by producing relevant evidence-based research; mainstreaming disability rights issues in conversations about technology access and digital rights; growing the capacity of diverse actors to research on and advocate for meaningful connectivity and digital accessibility, and engaging key actors such telecom companies and regional bodies.

What CIPESA is doing is quite powerful and empowering. The tool is excellent, it needs to be worked on as we’ve given our input in the meeting. Once that is done, reaching out and creating awareness about the tool will be more powerful, engaging such stakeholders such as government and other key stakeholders. Once it is out this is going to be a game-changer because for persons with disabilities, ICT makes the world go round … This has been one of the first meetings on ICT and disabilities, so it is an excellent move. – Erick Ngondi, United Disabled Persons of Kenya

Here are some of our blogs and in-depth research reports on technology and persons with disabilities in Africa.

Blogs

Research Reports

Assessing the Barriers to Accessing ICT by People with Disability in Tanzania
Assessing the Barriers to Accessing ICT by People with Disability in Uganda
Assessing the Barriers to Accessing ICT by People with Disability in Kenya
Removing Barriers to ICT Accessibility for Persons with Disabilities in Kenya, Tanzania and Uganda which identified needed actions by government, regulators and communication companies.
Access Denied: How Telecom Operators in Africa Are Failing Persons With Disabilities. CIPESA assessed 10 telecom companies in five countries (Botswana, Kenya, Nigeria, South Africa, and Uganda). Most of them – despite being long-established operators with a majority market share in their respective countries – were found to have failed to meet their obligations to provide information and services to persons with disabilities, in contravention of the companies’ obligations under national laws and the CRPD.

CIPESA made submission to the AUC, the ATU and EACO, drawing attention to these organisations’ obligation to protect and advance the rights of persons with disabilities in line with the African Charter on Human and Peoples’ Rights; the CRPD; the Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (the Marrakesh Treaty); the SDGs; and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa.

See an in-depth document about our work here.

Watch this insightful discussion on “The Role of the Media in Promoting Digital Rights for Persons With Disabilities in Africa.

16Nov

How Weaponization of Network Disruptions During Elections Threatens Democracy

CIPESA November 16, 2021February 10, 2023

By Evelyn Lirri |

In August 2021, Zambia became the latest country to restrict citizens’ access to social media platforms including Facebook, Twitter and WhatsApp as the country went to the polls. Citing the need to stop the spread of election misinformation, the Zambian government disrupted the internet in an election that saw an opposition politician defeat the incumbent president.

The disruption of digital communications is a recurring theme in numerous countries in as states pursue their ambitions of controlling information and communication flow during elections and other times of public protest.

Between January and May 2021, digital advocacy group Access Now documented at least 50 internet shutdowns in 21 countries, including in several African countries like Uganda, Ethiopia, Nigeria, Niger and Congo Brazzaville. However, there has also been pushback against these shutdowns by various civil society and digital rights actors, alongside users turning to Virtual Private Networks (VPNs) to circumvent blockages.

At the eighth edition of the Forum on Internet Freedom in Africa (FIFAfrica) that was hosted by the Collaboration on International ICT for East and Southern Africa (CIPESA) from September 28-30, 2021, members of the KeepItOn coalition, a global movement to end internet shutdowns, shared experiences from various countries on How Weaponization of Network Disruptions During Elections Threatens Democracy and some of the actions taken to prepare and advocate against election-related shutdowns.

Susan Mwape, an Election Analyst and Executive Director of Common Cause-Zambia, noted that in the lead up to the August 2021 elections in Zambia, the government imposed restrictions on public gatherings in the name of enforcing Covid-19 prevention measures. Consequently, citizens resorted to digital platforms to engage in election-related issues.

Threatened by the increased online engagement and mobilisation, the government hurriedly adopted the Cyber Security and Cyber Crimes Act, 2021. The Act was passed amidst criticism that it was primarily aimed at policing cyberspace, gagging freedom of expression and speech, and stifling internet use by opposition groups and supporters ahead of the general elections.

See this CIPESA analysis: Implications of Zambia’s Cyber Security and Cyber Crimes Act 2021 on Digital Rights

Anticipating a shutdown ahead of the elections, Mwape said capacity building and advocacy activities were conducted in collaboration with the KeepItOn coalition.

“We trained over 70 people – civil society, journalists, citizens and frontline defenders on secure tools they could use to stay online. But we also wrote an open letter to the President on why it was important to keep the internet on,” Susan Mwape.

Capacity building in circumvention techniques in anticipation of shutdowns has become a common strategy across the world. In Iraq, Hayder Hamzoz, the Founder and Chief Executive Officer of INSM Network, said efforts in this regard not only cover use of specific tools but prior installation of applications to overcome “governments’ first course of action” which is often to disable application stores where circumvention tools can be accessed.

Indeed, this was the case in Uganda, which has experienced various forms of election-related network disruptions – the most recent being a total shutdown during the January 2021 general elections and an ongoing block on Facebook access.

Allan Ssempala Kigozi, the Head of Legal Affairs at Unwanted Witness, explained that while a shutdown was anticipated in the country, civil society actors held a number of engagements with telecommunications companies and regulators on the need to keep the internet on.

“We wanted the government to understand that as the country was heading to the polls, an internet shutdown should not be the way to go because it has a wide-ranging impact on the economy beyond the misinformation that the government says it was trying to avert,” said Kigozi. He further noted that despite the shutdown, there was still an opportunity for misinformation to flow through text messages and added that upon the reinstatement of access, recorded videos and photos were shared thus maintaining the misinformation.

Despite having a long history of disruptions, Chad last April held an election without disrupting the internet. Abdeldjalil Bachar Bong, the Founder and Chief Executive Officer of House of Africa in Chad, attributed this to advocacy campaigns including by the #KeepItOn movement, which wrote an open letter to the President and telecommunications providers on the importance of keeping the internet on.

“We told them that shutting down the internet is not a solution. The solution is to educate the public on the benefits of using the internet,” he said. This was complemented by skills and knowledge building efforts targeting human rights defenders and civil society on how to use circumvention tools in the event of a shutdown.

For their part, circumvention tools developers such as TunnelBear have worked with digital rights groups and activists to ensure access to their platform in the event of a shutdown including through providing free bandwidth to use TunnelBear. Shames Abdelwahab, the Advocacy and Community Manager at TunnelBear, noted that in countries where they have done this, there has been a huge spike in the usage of the service. TunnelBear also provides free VPN accounts to activists on the ground. “The aim is to ensure digital activists keep online as they advocate against internet shutdowns,” said Abdelwahab.

Manson Gwanyanya, a researcher with the Business and Human Rights Resource Centre, noted that with increasing cases of internet shutdowns happening across the globe, more efforts including increased company transparency are being made to ensure that telecommunication companies and internet service providers are held accountable for their actions.

Blocking the internet ahead of the elections undermines electoral transparency, severely hinders the work of journalists, and denies citizens’ access to badly needed information. Governments should thus ensure the internet remains open to provide an opportunity for opposition actors to reach the electorate with information and for a pluralistic media to flourish.

16Nov

The Disproportionate Exclusion of Persons With Disabilities in Sub-Saharan Africa

CIPESA November 16, 2021December 9, 2021

By Evelyn Lirri |

For Persons with Disabilities, access to Information and Communication Technologies (ICT) can be an enabler for social and economic inclusion. Yet across Africa, despite the various laws and policies that have been passed and adopted by countries, persons with disabilities continue to lag behind in terms of access and use of digital tools.

Barriers such as low levels of ICT skills, high illiteracy levels, poverty and the high cost of assistive technologies such as screen readers, screen magnification software, text readers, and speech input software, and digital inaccessibility of websites and mobile applications and services are shared across Sub-Saharan Africa. These barriers are often accompanied by limited clarity on what actions are being taken by states and companies to address these gaps.

The digital inclusion of marginalised and vulnerable communities was among the issues discussed at the September 2021 Forum on Internet Freedom in Africa (FIFAfrica). In a panel discussion titled Technology and Disability, various speakers noted that persons with disabilities continue to face numerous barriers that have prevented them from fully benefiting from the opportunities that technology enables, including access to crucial information and services such as education and health, civic engagement, and employment.

Speaking at the Forum, disability rights activist Clodoaldo Castiano from the Forum of Disabled Persons Organisation in Mozambique noted that despite the country being a signatory to the UN Convention on the Rights of Persons with Disabilities (CRPD), it has not set a specific agenda to enable ICT accessibility. The CRPD requires states to undertake measures which ensure that persons with disabilities have access to ICT, including assistive technologies and resources to realise the right to access.

“Although we have ratified the CRPD, the government has not been able to define a specific legal and policy agenda to address the obligations of the Convention,” said Castiano, adding that ICT accessibility for persons with disabilities also remains largely unregulated. He further added that although Mozambique has a Universal Access Fund, it does not include programmes that benefit persons with disabilities.

Some countries are, however, trying to put more effort into addressing the disability digital divide. Uganda’s State Minister for Disability Affairs, Hellen Grace Asamo, noted that the country has introduced a number of initiatives to support the promotion, inclusion and accessibility of ICT tools for persons with disabilities. In addition to laws such as the Persons with Disabilities Act, 2020 which recognise the rights of persons with disabilities, the Ministry of ICT and National Guidance has drafted the ICT and Disability Policy as an intervention to close gaps in the use of ICT by persons with disabilities. Furthermore, the Uganda Communications Commission (UCC) has made it a requirement for television stations to have sign language interpreters to facilitate access and inclusion of people with hearing impairment.

“In Uganda where we have 16 per cent of people living with a form of disability, it is critical that we have programmes that ensure they are not left out. We have made available access to Braille and we are working to ensure that all government Ministries, Departments and Agencies (MDAs) have sign language interpreters,” said the minister.

The discussion also noted that the Covid-19 pandemic had amplified the gaps in digital access for marginalised and vulnerable communities including persons with disabilities. This resonated with a CIPESA report, ‘Access Denied: How telcom operators in Africa are failing persons with disabilities’ which investigated how operators have made minimal efforts in addressing the needs of consumers who are also persons with disabilities.

Across the world, the pandemic forced many activities to go online which disproportionately affected persons with disabilities especially in developing countries where it only served to further alienate them from access to information, public health updates and online civic participation. In countries where data costs are high, the drop in economic activity also served to further isolate the community from accessing the internet due to prohibitive costs.

Despite progressive legislative efforts in some countries, while a number of laws and policies have been enacted in various African countries to ensure access to services for persons with disabilities, their implementation continues to lag behind. This, coupled with the lack of awareness by persons with disabilities of their rights has made it difficult for them to demand for ICT-friendly and affordable services.

Robert Nkwangu, the Executive Director of the Uganda National Association of the Deaf, spoke to this issue. “Majority of people with disabilities have not gone to school and many do not know their rights. Similarly, digital rights are not seen to them as a challenge because they don’t know,” he said. “We need to do more capacity building of members to give them a firm ground to demand for what is rightfully theirs.”

To address these challenges, participants at the Forum acknowledged that increased domestic funding by governments for digital innovations that support people with disabilities will be critical. This echoes recommendations in a CIPESA report which called for the relevant government agencies such as communication regulators and consumer protection units to enforce legislation on accessible communication products and services. The report also called for more vigilance in enforcing implementation of national disability laws, codes of practice, consumer rights regulations, and ICT and disability policies. More vigilance is also needed in monitoring compliance to avoid empty claims when in reality products and services are still inaccessible.

08Nov

Media Training on Disability and Digital Rights in Africa

CIPESA November 8, 2021February 11, 2023

Call for Applications |

In the lead up to the International Disability Day, on December 3, 2021, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is inviting journalists from Kenya, Tanzania, and Uganda to apply for a two-day media training on Disability and Digital Rights in Africa. The virtual training will take place over two full days on December, 1-2, 2021.

Background

Although the East African region has experienced considerable growth in the use of Information and Communications Technologies (ICT), persons with disabilities in the region still face difficulties in accessing and using these technologies and thus continue to miss out on the benefits that they bring. According to national census data, the percentage of persons with disabilities in Tanzania is 8% of the total population, 3.5% in Kenya, and 14% in Uganda.

A study on ICT Accessibility Barriers for Persons with Disabilities, found that while Kenya, Tanzania, and Uganda have enacted various laws and policies to advance the rights of persons with disabilities, including those on access to and use of ICT, these have largely remained on paper with key provisions not being implemented. As a result, a large section of persons with disabilities continue to face digital exclusion.

The situation is exacerbated by the high cost of assistive technologies, low literacy levels among persons with disabilities, and lack of investments in supportive infrastructure by public and private entities.

Many of the obstacles and challenges faced by persons with disabilities in accessing information, education and employment can be mitigated through equitable access to ICT. To achieve this, several stakeholders, including the media, policy makers, regulators and ICT service providers must take decisive steps in terms of the development, production, cost and availability of certain requirements and equipment and creating an enabling environment for the promotion and respect of ICT accessibility rights for persons with disabilities. For media in particular, there is need for investigate and highlight digital exclusion challenges faced by persons with disabilities; provide a platform and voice for persons with disability; through their reporting, hold duty bearers accountable for any violations of digital rights of persons with disability; and offer their news and other programmes in accessible formats, especially the broadcast and online platforms.

Purpose of the Workshop

The workshop will equip the participants with the requisite knowledge and skills to effectively report about the digital inclusion of persons with disabilities and contribute towards promoting digital accessibility through fair, accurate, and enterprise coverage on persons with disabilities.

Topics to be covered will include:

Laws and Policies on Disability and ICT
Key ICT and Disability Rights Issues in East Africa
Disability and Technology – Facts and Myths
The Media and Digital Rights for Persons with Disability
Checklist for Media Coverage of ICT and Disability

CIPESA will cover participants’ internet connectivity costs.

If interested, please fill this application Form by November 20, 2021

Successful applicants will be notified on November 26, 2021

Previous page 1 … 23 24 25 26 27 … 103 Next page

Category Archives: News