CIPESA Advances the Digital Rights Debate at re:publica Accra

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.

Is the future of the internet in Africa fractured?

By Daniel Mwesigwa |
At its founding, in the late 80s, the internet promised to democratize information, level uneven grounds, and the destroy barriers associated with distance, space, and time. Through promoting communication, coordination, integration at a pace and scale beyond the ability of any government to halt, the connectivity set a foundation for dichotomies so often aligned with colonialism, imperialism, and globalization.
Today the internet is not just about inscrutable abstracts on the potential merits of its ubiquity but rather its impact and probable effects on a global scale. If anything, the weaponization of algorithms, speech, objectivity, and people has been pronounced in the recent past. For example, Facebook and Cambridge Analytica have accepted responsibility for abetting electoral malfeasance in America and other states by enabling the manipulation of electorates through an à la carte of sensational news and unsubstantiated political advertising only meant to swing and tilt public opinion.
That is why it might be hard to assess whether governments will continue to sit back and watch powerful technology companies from the west continue to prowl over strategic industries in their backyards, or whether they will take to the ‘commanding heights’ to steer the internet’s governance, at the expense of an open and decentralized internet, within their jurisdictions.
But how did we get there? An Xiao Mina’s instructive take on the potential effects of censorship on the future of the global internet and the attendant effects on the public sphere predicts not only deeper digital divides but also bolder and even more daring abuses to democracy by nation-states. She’s not alone, Google’s former chairman, Eric Schmidt, and internet theorist and scholar Evgeny Morozov have made similar pronouncements: the internet is splintering due to policy dilemmas in the realms of sovereignty and globalization.
In spite of all; bad laws, technical upheavals, spam, and disruptions, the popular narrative is that we could not kill the “global” internet even if we tried. However, through technical disruptions (covert and overt) and an array of legal and regulatory guises, governments in Africa have institutionalized attacks on the internet at a level not experienced before.
Censorship is arguably one of the leading factors threatening the future of the internet. And China is the pariah. It has been particular to institutionalize censorship through remodelling its own internet reality in what the Communist party president, Xi Jinping, calls ‘internet sovereignty’. The Republic augmented her stringent controls on free speech and tightened media regulations in the real world onto the internet through even tighter controls on content, privacy and security. Through ambitious projects like the infamous “Great Firewall” and the more recent proposal to create a dystopian future where citizens are assessed for the good and bad through a “national social rating system”, China has asserted her position on her internet governance despite the internet’s original ideals on openness and decentralization. Indeed, China’s ethos on “internet sovereignty” are being evangelized and promoted in fragile, and weak nation-states. Zimbabwe is reported to be in the process of adopting a Chinese sanctioned facial recognition system to surveil high traffic areas such as airports and malls. For its renowned poor human rights record, such surveillance capabilities pose a danger to a free society.
Further, African governments have been renown for clandestinely shutting down the internet for all sorts of reasons—twice in Uganda during the 2016 presidential elections and over three months in the English-speaking region of Cameroon—usually in defence “national security”. Such censorships have been arbitrarily executed despite the punitive economic costs associated. Some governments have even flirted with the idea of developing local alternatives to popular social networking sites such as Facebook and Twitter so as to have full control over the knobs of social media must the need arise.
But also the censorship has been effected through particularly prohibitive laws meant to derail social media use and charge social critics and other dissenting voices. For example, the cybercrime laws of countries such as Tanzania give the police the mandate to arrest anybody they deem in breach of cyber laws without the necessary legal oversight. Tanzania has introduced a $900 tax for bloggers, Uganda has slapped a “gossip tax” on social media use and other OTT services, Zambia has levied a cost on internet voice calls. If the feel of the contours is anything to go by, censorship has taken unique and complex forms. It seems like many African governments are operating from the same template.
Meanwhile, if we might on what the future of the internet might look like, despite the attacks, we know it will largely be multimedia and highly, rather unsurprisingly, localized. The internet in the past faced severe infrastructural deficits. For example, before the first landfall of transatlantic fibre optic cables at the coast of East Africa in 2009, the internet was not only accessed through more expensive options such as satellite links, generally suffered lower speeds and was inaccessible with the greater part of the region.
The global interconnection through the fibre and terrestrial optic cables enabled further access and connectivity within the region. Most remarkably, local peering and Content Delivery Networks (CDN) increased internet capacity. Loosely defined, local peering means that instead of a webpage directly loading from some server located in an obscure location in North Carolina, a local copy of the same data would be stored on servers hosted locally, in Africa. This bolsters the user experience and also enables the reduction of costs associated with extending the internet to the last mile.
Of course, such developments are welcome but technology companies and giants predominantly from Silicon Valley have taken over these alternative connectivity methods to further affordable internet access to the “last mile”. However, they also have deep financial and corporate interests at heart. In fact, content companies such as Facebook are laying more fibre optic cables than traditionally renowned telecommunications carrier/infrastructure companies. Facebook has laid its first fibre in sub-Saharan Africa, in Uganda at a cost estimated at $100 million. Google had previously done the same in Uganda and Ghana. Overall, major countries seem to have some sort of connectivity experiment going on involving the use of low frequency, wifi hotspots, rockets and other novel technologies—again, spearheaded by Western tech giants. Such moves have raised concerns on issues regarding net neutrality, data protection and privacy, local content, among others. Technology companies seen through the lenses of benevolence might appear as benign catalysers of internet access. Yet by mere ownership of the plumbing that powers the internet effectively makes their services synonymous with the open internet itself. Indeed, it would not be surprising to find people who think Facebook is the internet. Technology companies could not only influence the internet’s direction but also act as a chokepoint, especially when deciding what geographical areas or income groups to serve or not.
While globalization was mostly lauded for is the discovery of previously unchartered territories and the opening of new frontiers, a lot of how it happened was characterized with pillage and violence—often at the expense of conquered states’ sovereignties. The globalization of the world through the internet promised trade and commerce, education and research, government and service delivery through instantaneous communication, on levelled grounds. But many of the paradigm shifts have enabled good use of the internet insofar as they have enabled abusive, problematic use. Now governments seem to have taken centre stage in steering what directions their internet takes, powerful corporations, on the other hand, have grown so powerful since they can algorithmically control and mediate the internet’s content, and emotions, that they threaten democracy and other virtues of good governance, especially in fragile states. As for the users, disparate realities of the internet look not so far away, some Facebook (through Free Basics) is touted to better than no Facebook (or internet) at all. Balkanization of the internet is at rather happening at an unprecedented pace. Is the future of the internet in Africa fractured?
This article was first published on December 19, 2018, African School on Internet Governance

NetBlocks and the Internet Society Launch Tool to Calculate the Cost of Internet Censorship Worldwide

News Update |

A new tool to support internet freedom is being launched by NetBlocks and the Internet Society, a global non-profit organisation dedicated to the open development, use and evolution of the Internet.

Launch COSTRun the Cost of Shutdown Tool

The organisations have partnered up to build COST, a tool that seeks to measure the economic cost of internet disruptions to support the adoption of rights-based internet governance around the world.

The Cost of Shutdown Tool (COST) launches today to mark the 70th Anniversary of the adoption of the Universal Declaration of Human Rights enacted by the United Nations on December 10, 1948.

COST is a data-driven policy tool that automates the task of assessing the economic impact of internet shutdowns, mobile data blackouts and social media restrictions including throttling.

COST performs calculations by country, type of disruption and length of time, combining thousands of development indicators in real time to offer insights into the impact of internet governance and misgovernance on sustainable development, human rights and digital prosperity.

“This tool will empower the next stage of data-driven advocacy. By calculating numbers in real time, COST will allows us to communicate to governments and technology companies on how much revenue they’re losing when they disrupt the internet. We hope by the tool will make governments think twice before threatening internet freedom, ” Hannah Machlin, Global Advocacy Manager for the NetBlocks Group, said.

“ We believe the opportunities brought by the Internet should be available for everyone and a tool such as COST can help governments understand the economic impact of shutting down or blocking the Internet.  While we can’t quantify the human cost of switching off the Internet, this helps quantify the economic cost,” explains Constance Bommelaer de Leusse, Senior Director Global Internet Policy for The Internet Society.

The COST tool is built upon established research papers published by the Brookings Institution for global coverage and a specialised model by CIPESA for sub-Saharan Africa, taking into account indirect economic factors and informal economies that play a major role in the region. Economic indicators are integrated from open data sources including the World Bank, ITU and Eurostat.

You can read more about it here.

Promoting Accessible ICT in Uganda

By Ashnah Kalemera |
The challenges faced by persons with disabilities (PWDs) in accessing information online and financial services since Uganda introduced taxes on social media access and mobile money transactions came to light last August. These taxes added to the catalogue of barriers to promoting access to Information and Communications Technology (ICT) for disabled persons in the country.
Indeed, national statistics for internet and telephone penetration (49% and 69% respectively), are not disaggregated by disability which in itself could be telling of the state of digital accessibility for PWDs in Uganda. General barriers to ICT use in Uganda include high costs of accessing and owning ICT; a shortage of usage skills which is linked to low adult literacy rates; poor electricity and telephone network coverage in rural and underserved areas.
Furthermore, uptake of ICT for PWDs is hampered by the high cost of assistive technology; low levels of ICT and disabilities literacy among policy makers, academia, civil society and other stakeholders; non-implementation of policies related to ICT access for PWDs; and unavailability of relevant software in local languages. See draft ICT for Disability Policy (2017).
As a party to the United Nations Convention on the Rights of the Persons with Disabilities (CRPD), the government of Uganda has been working to ensure equal opportunities and inclusion of persons with disabilities.

Article 9 of the CRPD calls on state parties to take appropriate measures to ensure accessibility of ICT to persons with disability. The CRPD also calls on member states to ensure that private sector service providers, including through the internet, provide information and services in accessible and usable formats for persons with disabilities.

Following the drafting of the ICT Policy for Disability last year, the Ministry of ICT and National Guidance has also drafted Accessible Publishing Guidelines and an Accessible ICT Procurement Policy. The publishing guidelines are aimed at ensuring that government communications, documents and publications (print or electronic) are universally accessible at the same time and no extra cost to PWDs. They build on the Guidelines for Development and Management of Government Websites which set out requirements for accessibility for audio, visual and speech impaired users.
For its part, the proposed procurement policy requires all government Ministries, Departments and Agencies (MDAs) to ensure that PWDs have access to all government electronic facilities, resources and services by incorporating accessibility requirements in procurement of goods and services.
Speaking at an awareness-raising workshop on the proposed policies on October 11, 2018, Silas Ngabirano, the Assistant Commissioner for Information Management Services at the ICT ministry, stated that the policies had undergone participatory consultations, with input from MDAs, local government authorities, the private sector, civil society organisations, development partners and the media.
The proposed implementation plans for the policies include establishment of a national accessibility centre, set up of ICT and disability focal points at each MDA, monitoring of government ICT services for accessibility, and support to private sector initiatives working on accessible ICT products and services.
It remains unclear when the various policies are expected to be finalised. However, according to ICT Ministry, implementation of certain aspects of the proposed policies was already underway. For instance, all education institutions are currently required to have computer terminals accessible for students with disabilities. However, as highlighted by a lecturer participant from Makerere University, infrastructure at the university and many other institutions remained under-equipped for PWDs while course assessment procedures hardly took into account the needs of students with disabilities.
Meanwhile, the Uganda Communications Commission is working to enforce compliance with ICT licensing requirements and regulations with regards to sign language interpretation and subtitles by television broadcasters. In a notice issued on October 19, 2018, UCC states that effective January 1, 2019, it “shall not renew” licenses of any television operators not compliant with the provisions of the Persons with Disabilities Act, 2006. Section 21(2)(a) of the Act states that “Any person who owns a television station shall provide sign language inset or subtitles in at least one major news cast program each day and in all special programs of national significance.”
Further, in partnership with United Nations Educational, Scientific and Cultural Organisation (UNESCO), the Uganda government is working to develop an information portal, which once finalised, will track implementation of policies on assistive technologies and provide information and experiences of ongoing accessibility initiatives in the country. Previously, UNESCO has helped to conduct a training for Uganda government officials on web accessibility for PWDs.
At the sensitisation workshop, stakeholders acknowledged that implementation of the proposed policies and existing legal and regulatory frameworks is hindered by inadequate data on PWDs for effective planning. Resource requirements for provision of assistive devices, large print or magnifiers, materials in braille and video captioning, were also cited as a challenge.

How Nigeria and Uganda are Faring on the Right to Information

By Tomiwa Ilori |
Transparency and accountability in governance are key tenets of participatory democracy. To this end, Sweden was the first country in the world to introduce a right to information (RTI) law back in 1766. Finland followed in 1919, and to-date, over 100 countries across the world have enacted laws that give citizens the right to access information in the hands of government.
In Africa, 21 countries have passed Freedom of Information (FOI) laws, while 16 have proposed laws. Most countries have constitutional provisions for the right to information, pursuant to obligations under various international and regional instruments. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights and the Declaration of Principles on Freedom of Expression. A model law on access to information for Africa was prepared by the African Commission to serve as a template and encourage more countries to adopt legislation embodying international, regional, and sub-regional standards.
Meanwhile, there have been regional efforts to ensure citizens’ realisation of the right of access to information. Civil society organisations together with the African Union and African Commission on Human and Peoples’ Rights adopted the African Platform on Access to Information Declaration in 2011. There was also the Midrand Declaration on Press Freedom in Africa in 2013 which recommended that African countries take up open governance culture through access to information laws. However, the reality for most countries is that information requests are routinely refused or ignored, with citizens sometimes turning to the courts in order to access information in the hands of government.
Nigeria passed its freedom of information law in 2011. Under the Act, public institutions and “private companies utilising public funds, providing public services or performing public functions” are mandated to make public records and information freely available, guarantee citizens’ right to be duly informed of facts relevant to them and maintain records of all activities, operations and businesses. Without specifying whether its calendar or working days, the law provides for a response time to information requests of seven days. This may be extended if the request involves a large number of records or consultations have to be made. Proactive disclosure is also provided for under the law. Information exempt from disclosure includes that related to international relations, defence, law enforcement and investigations. Wrongful denial of information is an offence under the Act, punishable with a fine of Nigerian Naira 500, 000 (US$1,400).
The Attorney General of Nigeria is mandated to collate information on implementation of the Act based on information from the various government entities. According to statistics from the official FOI website, the number of requests made by citizens is on the decline. In 2013, 1,183 requests were recorded, of which 48 were denied. The following year, requests dropped by three quarters to 314, 35 of which were denied. Requests further dropped in 2015 to 217, of which 36 were unsuccessful. Figures for subsequent years are unavailable but denial of access to information remains prevalent.
In a May 2018 case, a human rights lawyer was denied information on fuel imports by the Nigerian National Petroleum Corporation (NNPC). The corporation argued that it was established “by law to manage the commercial interests of Nigeria in the oil and gas sector of the economy and conduct trade therein”, and was therefore not a public institution within the meaning of the Freedom of Information Act.
The following month, a Nigerian court denied an access to information request for details of the President Muhammadu Buhari’s medical bills. The request was filed to the Central Bank of Nigeria by the Advocacy for Societal Rights Advancement and Development Initiative (ASRADI).
Some cases of denial have compelled requesters to seek orders for disclosure. For example, the Nigerian Contract Monitoring Coalition initiated a court case and succeeded in compelling the Power Holding Company of Nigeria, the Electricity Distribution Company Plc and the Nigerian National Petroleum Corporation to release information, which had initially been denied.
Courts have also set precedent in proactive disclosure by public institutions. In February 2014, a Federal High Court ordered the National Assembly to make its financial records accessible to members of the public through the provisions of the Freedom of Information Act of 2011. This galvanised the #OpenNASS advocacy campaign. More recently, the Court of Appeal in the Akure Division, Ondo State, ruled that the Act is applicable across federal states. This has put to rest the debate as to whether States in Nigeria need to comply with the provisions of the Act.
The situation in Nigeria mirrors that in Uganda whose access of information law was passed in 2005 but challenges still persist. The law has remained largely unimplemented because many public institutions have a culture of secrecy –they rarely release information pro-actively and routinely ignore citizens’ requests for information. Where government information or data is available, it is often not in reusable formats. Likewise, most citizens are not empowered to make information requests due to ignorance of the law, thus undermining participation in civic engagements and governance processes.
Furthermore, implementation of the access to information law in Uganda is hindered by limitations to the bodies or organs to which information requests can be made – the law excludes private entities and civil society. Like Nigeria, information exempt from access in Uganda includes that related to privacy of an individual, defense, security, international affairs, legal proceedings and law enforcement. The response time for a request is within 21 days of receipt. Wrongful denial of requests is punishable under the Act with a fine of Uganda Shillings 4,800,000 (US$1,300) or imprisonment for three years or both.
User statistics from Uganda’s Ask Your Government portal show that since its launch in June 2014 to-date, 2,647 requests have been made to 106 agencies. Out of these, 231 are indicated as successful and 40 unsuccessful. With over 2,300 requests awaiting responses beyond the 21 days limit, the majority can be regarded as refusals pursuant to section 18 of the Access to Information Act (ATIA), 2005. The section states: “where an information officer fails to give the decision on a request for access to the person concerned within the period contemplated under section 16, the information officer is, for the purposes of this Act, regarded as having refused the request”.
Some Ugandan citizens have also opted to seek redress from the courts for denied requests. In 2009, two Ugandan journalists sued the government over failure by the Solicitor General to grant access to information regarding oil production, prospecting and exploitation agreements. The case was dismissed on the basis that a clause in those agreements provided for confidentiality.
In a landmark case, on February 2015, a Chief Magistrate’s Court in Kampala ruled that the reasons for which information is requested or the belief about how it will be used “are irrelevant considerations” in determining government’s approval or denial of a request. The ruling came after the Hub for Investigative Media was denied access to information related to activities of the National Forestry Authority funded by the World Bank between 2009 and 2011.
Implementation of access to information laws in Nigeria and Uganda shows that there is a lot to be done with respect to giving life to the existing legislation. Some of the ways through which the policy and practice gaps can be overcome is through records digitisation in all public institutions. This will not only help to save time in operations, it will also help with efficient record-keeping, search, retrieval and disclosure. Equally, translating freedom of information laws into local languages will help raise awareness on the rights of citizens and the obligations of duty bearers which will go a long way in realising the objectives of the FOI laws. Implementation of the laws can also be fast-tracked through compliance reporting to parliament by state institutions.
Ultimately, the experiences of Nigeria and Uganda show that courts are proving to be a means of recourse, and if effectively utilised, have the potential to set national and even regional precedent to make it easier for citizens to exercise the right to information.