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11Apr

Ethiopia’s Digital Rights Record on the Spot at May 2019 Universal Peer Review

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By Ashnah Kalemera |
Despite the promises and efforts made by Ethiopia’s new Prime Minister, Abiy Ahmed Ali, to transform the country after years of political repression and state control of major forms of media, the country is yet to experience substantive change in the state of digital rights.
Restrictions to freedom of expression, privacy, and access to information remain in force including through legislation such as the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the Telecom Fraud Offences law (2012). While the establishment of the Advisory Law Reforms Committee, with a mandate to review existing laws to bring them in line with human rights standards, is a welcome development, pledges to reform problematic legislation are yet to be delivered.
Meanwhile, since November 2015, the Ethiopian government has consistently blocked and initiated national or regional shutdowns during public protest and exams, on grounds of national security. Whereas access to affected regions was restored during reforms in early 2018, there were reports of a shutdown in the eastern part of country in August 2018.   
At its upcoming Universal Periodic Review (UPR) by the Human Rights Council scheduled for May 14, 2019, Ethiopia should be tasked to implement reforms that fundamentally promote and protect citizens’ rights both online and offline.

What is the UPR? It’s a full assessment of a country’s human rights. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

Such reforms should include the amendment of the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the 2012 Telecom Fraud Offences law to bring them in line with international human rights instruments on freedom of expression. Further, changes should be implemented to curb state surveillance of citizens, including by introducing independent judicial oversight over interception of communications.
In this UPR advocacy brief, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and Small Media analyse the state of freedom of expression, freedom of information, the right to equal access and opportunity, as well as data protection and privacy developments in Ethiopia since the previous UPR review in April 2014. We make recommendations for consideration by UN member states at the upcoming review of Ethiopia.
See the full brief. 

05Apr

Stakeholder Submission to the UN Human Rights Council on Digital Rights in The Gambia

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By Ashnah Kalemera |
In November 2019, The Gambia will be coming up for its third cycle review under the United Nations Universal Periodic Review (UPR) mechanism. Former President Yahya Jammeh, before his ouster in 2017, was renowned for his utter disregard for constitutional rights, once stating publicly that he would “not compromise or sacrifice the peace, security, stability, dignity, and the well-being of Gambians for the sake of freedom of expression.”
However, since the new administration of Adama Barrow took office in January 2017, the government has made public its intention to review and revise the current regulatory framework for press freedom and freedom of expression. Indeed, in June 2017, the new Attorney General and Justice Minister Abubacarr Tambadou conceded at the Constitutional Court that the charge of “sedition” under a law that had been frequently used to silence journalists and critics under the former regime was unconstitutional.
Later in February 2018, the Economic Community of West African States (ECOWAS) Community Court ruled that Gambian authorities should repeal sections of the Criminal Code on libel (Sections 178 & 179), sedition (Sections 51& 52), false news (Sections 59 & 181) and false publication on the internet (Section 173). Following this ruling, the government of The Gambia indicated its intention to “honour” the judgement after review by the Ministry of Justice and other relevant authorities.
As The Gambia’s online user base increases, it becomes increasingly important for UPR recommendations at the upcoming review to reflect explicitly the need for the rights to freedom of opinion and expression, and to privacy to be protected online as well as offline, in line with the state’s obligations under Articles 17 and 19 of the International Covenant on Civil and Political Rights (ICCPR).

What is the UPR?  It’ is a full assessment of a country’s human rights. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

As part of the Internet Freedom in Africa and UPR project, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Small Media, The Gambia Press Union, Give1 Project Gambia and the YMCA Computer Training Centre, and Digital Studio have made a joint stakeholder submission on digital rights in The Gambia. The submission focuses on freedom of expression, freedom of information, right to equal access and opportunity, as well as data protection and privacy. It explores relevant developments since the previous UPR review in October 2014 and makes the following recommendations:

  • In compliance with international standards, as well as the rulings of the Supreme Court and the ECOWAS Community Court, repeal provisions violating freedom of expression under the Criminal Code (2014) and the Information and Communication Act (2013).
  • Repeal in its entirety the Official Secrets (Amendment) Act 2008 and enact and implement a right to information law.
  • Hasten efforts to provide equal access to technology and communications to all citizens, including disadvantaged and marginalised groups of the population, by removing barriers to access and improving affordability, as well as expanding infrastructure and desisting from internet disruptions.
  • Reform the legislation on personal data protection and privacy in order to provide safeguards on the use of personal data and to protect the right to privacy online.

See the full submission.
 

15Feb

#KeepItOn: Nigeria Urged to Ensure Online Communications Remain Accessible During Elections

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By Juliet Nanfuka |

The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) has joined the #KeepItOn coalition in urging the Nigerian Authorities to ensure that access to digital communications remains open before, during and after the elections which take place on February 16, 2019.

The call implores the state to reaffirm its commitment to keep the internet during this critical political time. It also notes that a shutdown down could cost the country an estimated $134,251,654 per day in direct economic costs, and impact on the realization of economic, social, and cultural rights broadly.

Disruptions to online communications contribute to economic impacts which persist far beyond the days in which access is disrupted due to systemic effects which harm efficiency throughout the economy. Internet shutdowns, however short-lived, undermine economic growth, and erode business confidence as global and national perceptions on the offending country are also affected.

Framework for Calculating the Economic Impact of Internet Shutdowns in Sub-Sahara Africa

Meanwhile, concerns of a shutdown have remained among citizens, leading to information being shared on how to stay online in the event of a network disruption.

Increasingly, disruptions to communications have occurred around election times and during public protest often related to the political regime.  Among some of the cases  include  Equatorial Guinea which in November 2016 blocked access to the internet and to opposition websites ahead of a nationwide election; Uganda also in 2016, blocked access to social media sites and mobile money transactions on two occasions due to election related events; while that same year, Gabon blocked social media access and also imposed a curfew on internet access following widespread conflicts disputed presidential election results. Last year, Togo interrupted communication following public protests against President Gnassingbe, whose family has ruled the country for over half a century. At the start of this year, DR Congo blocked access to “preserve public order after ‘fictitious results’ started circulating on social media.”  

See the joint letter on keeping the internet open and secure here.

16Jan

CIPESA and OpenNet Africa Join Public Call Against  Internet Shutdown in Zimbabwe

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By Juliet Nanfuka |
Zimbabwe has experienced a shutdown of social media platforms and major websites as of January 15, 2019 following public protests against a 150% increase in fuel prices. The protests have resulted in the death of at least eight people and arrest of up to 200 others. The disruptions to online communications were reported on social media and also confirmed by network measurements conducted by Netblocks.


The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and its internet freedoms initiative OpenNet Africa have joined over 20 civil society organisations in calling for the restoration of internet access in the country. A letter sent to Kazembe Kazembe, the Minister of Information Communication Technology and Cyber Security, implores the government to “ensure the stability and openness of the internet in Zimbabwe.” The letter was delivered as part of the #KeepItOn coalition, which represents more than 175 organisations in 60 countries.
As at time of writing, no statement on the shut down had been released by the government, telecommunications companies, or the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ).
The shutdown is doing little to alleviate the economic crisis in Zimbabwe. Projections show that the country can lose at least USD 5.7 million per day in direct economic costs, according to estimates using the COST tool by NetBlocks and the Internet Society. The tool references a framework for calculating the economic impact of shutdowns developed by CIPESA.
Further, the economic impact of the shutdown is likely to persist far beyond the days in which access is disrupted due to systemic effects which harm efficiency throughout the economy. Internet shutdowns, however short-lived, undermine economic growth, and erode business confidence as global and national perceptions on the offending country are also affected.
The joint letter notes that the UN Human Rights Committee, the official interpreter of the International Covenant on Civil and Political Rights (ICCPR), emphasises in General Comment no. 34 that restrictions on speech online must be strictly necessary and proportionate to achieve a legitimate purpose.  Shutdowns, by contrast, disproportionately impact all users, and unnecessarily restrict access to information and emergency services during crucial moments. Shutdowns are neither necessary to, nor effective at, achieving a legitimate aim, as they often spread confusion and encourage more people to join public demonstrations.
CIPESA research recommends that governments should desist from ordering shutdowns because they have a high economic impact at micro and macro levels, adversely affecting the livelihoods of citizens, undermining the profitability of business enterprises, and reducing the Gross Domestic Product (GDP) and competitiveness of countries that implement them. This is also why CIPESA is part of the global campaign #ForTheWeb aimed to get governments, companies and the public to stand up for a  free, open and fair web that works for everyone, everywhere.
See the joint letter here.

11Jan

CIPESA Advances the Digital Rights Debate at re:publica Accra

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By Simone Toussi |
The first African edition of Europe’s largest internet and digital society festival – re:publica – was held in Accra, Ghana, December 14-15, 2018 and drew in hundreds of participants to showcase and discuss how politics, the arts, innovation, and digital rights have been affected by an increasingly digitised society.
Co-organised by Impact Hub Accra, the German Federal Ministry for Economic Cooperation and Development (BMZ), and with the support of several partners including the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), re:publica Accra aimed to strengthen Afro-German dialogue about digital issues, and to explore the intersection between digitalisation and collaborative developmental efforts.
With support from BMZ and the German Society for International Cooperation agency (GIZ), CIPESA hosted a Digital Rights Lounge throughout the duration of re:publica, organised workshops on civic participation and online content regulation, and also participated in sessions on the work of investigative journalists and activists, among others.
The Digital Rights Lounge
To reflect its multi-disciplinary nature, re:publica Accra featured four lounges on health, digital creation, digital rights, and hardware innovation. The CIPESA hosted Digital Rights Lounge featured organisations sharing experiences and showcasing work related to advancing digital rights in Africa.
The lounge featured an exhibition on the state of digital rights in Africa including visuals on press freedom, the gender dynamics of internet usage, access to information, data protection and privacy, affordability, non-discrimination, and network disruptions. This was complemented by research publications and videos on the ongoing efforts to engender progressive internet policies and practices that support human rights, innovation, and development.
Also presented at re:publica were key action areas that emerged from the 2018 Forum on Internet Freedom in Africa (FIFAfrica), which was held in Accra, Ghana, at the end of September 2018. Since 2014, CIPESA has held this annual forum that brings together various stakeholders to deliberate on gaps, concerns and opportunities for advancing privacy, free expression, non-discrimination and the free flow of information online on the continent. Previous FIFAfrica editions have been held in Uganda (2014-2016) and South Africa (2017).
Sessions held around the lounge included conversations on involving more girls in tech, privacy challenges, regulating emerging technologies, hands-on skills session on steganography, and online content creation. There was also a session on the work of the Freedom Online Coalition (FOC), which groups 30 governments who have committed to work together to advance human rights and fundamental freedoms online.
Advancing Civic Participation through Digital Technologies
Re:publica served as a platform to also share insights on the role of technology in social accountability, civic engagement, transparency and accountability, during a session titled ‘Advancing Civic Participation through Digital Technologies’. The session explored the opportunities and gaps in responsive solutions/platforms for civic participation and for transparency and accountability. Panellists presented cases studies on technology in governance including political mobilisation through print, broadcast and online media in Kenya; public finance tracking in Nigeria; parliamentary monitoring in Ghana; creating an enabling environment for civic technology in post-conflict Somalia; and service delivery monitoring and human rights reporting through ICT in East Africa.   
The session also interrogated how the legislative landscape affects access and infrastructure, cybercrime, and access to information; and how, content regulation and taxation in the respective countries weaken the potential of technology-based initiatives to advance democratisation.
Impact of Online Content Regulation on Digital Rights in Africa
In this session, panellists discussed the online content regulation landscape in Africa with a focus on countries such as Tanzania, Uganda, DR Congo, Burundi and Zambia which in 2018 proposed or passed laws and regulations that undermine freedom of expression and access to information online.
These controls are undermining public confidence in the use of online platforms, and could lead to self-censorship and complete withdrawal from online discourse by ordinary citizens and by vocal bloggers and other social media enthusiasts. They are also leading to arrests of some journalists and social media users, including those that express legitimate.
The session comprised digital rights experts and researchers from Benin, Cameroon, Ghana, Tanzania, Uganda, Zambia and Zimbabwe who shared ideas on alternative approaches aimed at enhancing adoption and use of online platforms as well as content generation for advancing digital rights in Africa.
The panel noted that there was limited citizens’ consultations in coming up with the laws and regulations around internet control and online content regulation, and stressed the need for campaigns to have internet regulation that promotes individuals’ rights and livelihoods and not just the narrow interests of powerful actors such as governments and ruling party officials.
However, for such campaigns to work, it is crucial for civil society and other actors to conduct research to generate evidence to inform advocacy and decision-making; and to proactively offer alternative positions to governments rather than only offering criticism. In addition, the need to involve more actors in promoting digital rights – not least traditional human rights organisations, women’s rights organisations, and private sector actors – was emphasised. The need for digital security training and digital literary campaigns, and for increased use of tools of anonymisation and circumvention tools, was also emphasised.
The support of the German Federal Ministry of Economic Cooperation and Development and GIZ enabled CIPESA to support the participation at re:publica of 13 individuals from 10 African countries. The support also went towards the hosting of a Digital Rights Lounge throughout the duration of the event alongside organising workshops on civic participation and online content regulation, and participation in sessions on the work of investigative journalists and activists, among others.

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