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15Jun

DR Congo Parliament Urged to Pass Laws That Support Citizens’ Rights Online

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Statement |
Civil society actors in the Congolese town of Goma have urged the Government of the Democratic Republic of Congo (DRC) to make amendments to its current laws governing Information and Communication Technologies (ICT) to make them favourable to the growth of internet usage, as well as online privacy, access to information and freedom of expression.
The civil society actors, including journalists, digital rights activists and bloggers, also urged the country’s Parliament and the Ministry for ICT to offer meaningful avenues for citizens to provide inputs to proposed new laws related to the telecommunications industry.
The Government has recently sent to the Parliament the Telecommunications and ICT Bill which is aimed at updating the Framework Law 013/2002 on Telecommunications, as well as the e-Transactions Bill, and a law amending the Act that set up the regulator – the Authority of the Post and Telecommunications of Congo (ARPTC). However, neither the Parliament, nor the Ministry, have announced opportunities for other stakeholders to make comments or submissions on these draft laws.
The importance of stakeholder consultations in Congo’s policy-making processes was among the issues that emerged during a two-day ICT policy and advocacy training workshop hosted in Goma on June 10- 11, 2017, by Rudi International and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA). Participants noted that the exclusion of private sector and civil society actors from the law-making process could lead to the passing of laws that are detrimental to internet access and usage in the central African country.
Presently, ICT adoption in DRC faces several challenges including unreasonably high data costs which have largely contributed to the low internet penetration rate of 4.2% as of 2016. The Framework Law 013/2002 on Telecommunications and the Law 14/2002 on the Regulator are the primary laws governing online communication but they do not adequately provide for citizens’ rights to privacy, nor do they provide a conducive environment for citizens to enjoy the right to free expression.
Further, these laws contain vague clauses such as ‘public interest’, ‘disruption of public order’, ‘ultimate truth’, and ‘national security’ which create the latitude for unwarranted abuse of the laws including through censorship and surveillance. Meanwhile, internet and telecommunications services providers lack protection from undue state interference as has been evidenced by the evolution of communications shutdowns in recent years.
The proposed new laws are welcome because they present an opportunity to expunge retrogressive articles from the existing laws and to address the current gaps. However, the current drafts neither reflect sufficient protections for citizens’ rights to privacy and freedom of expression, nor do they adequately support the free flow of information online. For instance, the Telecommunications and ICT Bill contains several problematic clauses, including granting the minister excessive powers over the interception of communications and interruptions to communications. The minister and the regulator also maintain strong over the operations of service providers. Furthermore, there are weak provisions related to data protection, with the bill lacking independent oversight mechanisms particularly with regards to the state making user information requests to service providers.
The lack of independent oversight mechanisms to safeguard against the abuse of the excessive power by the minister fails to ensure that citizens are protected against unwarranted interception of communication.
While article 175 of the proposed ICT and Telecommunications law recognises the right of a citizen to demand for information on their personal data from the state or another entity, there are no clear provisions on how this information can be requested or whether the holders of this information are obliged to respond to an information request within a specified timeframe.
Secure online communication is prioritised in articles 116–117. However, clauses which permit the state to intercept private communication with limited safeguards are also included. Further, article 119 includes a provision for the General Prosecutor to designate a chief magistrate who can instruct any qualified agent from the Ministry of ICT or a telecommunications company to put in place mechanisms that allow for interception of citizens’ online communication.
During the training workshop, the civil society actors noted that these clauses contravene international human rights standards as set out in a number of instruments including the Universal Declaration of Human Rights, African Charter on Human and Peoples’ Rights and the African Declaration on Internet Rights and Freedoms. As such, they recommended that:

  • There should be increased participation by more stakeholders in the law development process, as well as regular multi-stakeholder engagements between government, service providers and civil society;
  • Government, particularly the Ministry of ICT and Parliament, should widely circulate the three bills, create awareness about their objectives and invite comments on the draft laws from various stakeholders;
  • The legislature should ensure that  vague terminologies in the bills, including “national security”, “illicit” and “public order interference”, are defined before they are passed;
  • Since in its current form the Telecommunications and ICT bill creates room for abuse by giving excessive powers to the regulator and the Ministers of Interior, Defence and Security Affairs, the judiciary and Parliament should be granted wider oversight mandate over the regulator and the minister.
  • A specific law on data protection should be enacted to  ensure that citizens’ personal data and privacy are safeguarded;
  • The ICT and telecommunications bill should specify the procedures for citizens to request for information from the state, and the release of such information by the state;
  • The three laws under consideration by Parliament should include clauses that protect the right to freedom of expression and the free flow of information.
  • Clauses on non-discrimination and equality should be introduced in the proposed law on Telecommunications and ICT specifically through criminalising actions that promote cyber bullying, cyber stalking, revenge pornography, and other acts that constitute online violence against women and other minority and vulnerable groups.

These recommendations echo those made by CIPESA in the State of Internet Freedom in DR Congo 2016 report, which also called for the Parliament to work with more stakeholders including civil society, internet users, private sector, academics and the media to review laws and amend those that limit and restrict citizens’ rights to privacy, assembly, expression and access to information. The report also stated that the drafting and amendment of laws should meet acceptable international human rights standards.

12Jun

Round 2 Now Open: CIPESA-ICT4Democracy Academia Fellowship Programme

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Fellowship Opportunity |

 About the ICT4Democracy in East Africa network
The network works in Kenya, Tanzania, and Uganda to achieve two top-line objectives: 1) Increased citizen participation in governance and the realisation of human rights through ICT; and 2) Improved transparency and accountability of governments through ICT. Partners in the network are the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the Women of Uganda Network (WOUGNET), Transparency International Uganda, iHub Research (Kenya), the Kenya Human Rights Commission (KHRC), the Commission for Human Rights and Good Governance (CHRAGG, Tanzania) and Toro Development Network (ToroDev). Read more about the network here: www.ict4democracy.org.
 Aim of the Fellowship Programme
The CIPESA-ICT4Democracy Fellowship (Academia) aims to nurture university students’ and early career academics’ understanding of Information and Communication Technologies (ICT) for governance, human rights and development. By engaging members of the academic community, the programme benefits partners of the ICT4Democracy in East Africa network through placements of individuals with skills in fields such as ICT, mass communication, and informatics, within the partner organisations. Ultimately, the programme aims to grow links between the academic community and practitioners in the ICT field for mutual research, learning and knowledge exchange, so as to create the next generation of ICT for democracy and ICT for human rights champions and researchers.
A total of 10 fellowships shall be issued each year starting May 2017. Applications will be accepted on a quarterly basis as per the below dates:

Fellowship round Application deadline
May – July Closed
August – October July 1st
November – January September 1st
February – April January 1st

Duration: The fellowship shall last for three months but can in some circumstances be shorter or longer by up to a month.
Role of the fellows
Provide skills in their field of competence to enhance the work of ICT4Democracy in East Africa Network partner organisations. During the subsistence of the fellowship, the fellow will be expected to produce outputs, such as blog posts, commentaries, briefs, curriculums, multimedia content, and journal articles, as will be agreed in advance of the start of the fellowship. The skills of the fellow will guide the role assigned to them.
Eligibility
Applicants should be university students or early career academics. While there are no limitations on where the university is located, it is preferred that the students be from African universities. Applicants should have competence in areas that are relevant to the work of ICT4Democracy in East Africa partners, which may include ICT4D, Computer Science, Journalism, Informatics, Gender Equality, Development Studies, Human Rights and Governance.
Compensation
The fellows shall be given a monthly stipend to cater for their expenses during the duration of the fellowship. The amount may vary depending on location, outputs and on the qualifications of the fellow.
Application process
To apply, email [email protected] with subject line stating Application for Academia Fellowship. Submissions should include:

  1. Your CV
  2. A statement of interest that mentions the areas of competence that you wish to contribute to the fellowship programme, a suggestion of which partner organisation you wish to be attached to, the duration for which you wish to have the fellowship, the proposed outputs from your involvement in the programme and breakdown of expenses. The statement of interest should not exceed 3 pages.
  3. Copy of transcript or letter confirming university affiliation.
  4. Two samples of your writing.
  5. Two reference letters.
12Jun

Round 2 Now Open: CIPESA-ICT4Democracy Media Fellowship Programme

Author admin Posted on

Fellowship Opportunity | 

About the ICT4Democracy in East Africa network
The network works in Kenya, Tanzania, and Uganda to achieve two top-line objectives: 1) Increased citizen participation in governance and the realisation of human rights through ICT; and 2) Improved transparency and accountability of governments through ICT. Partners in the network are the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the Women of Uganda Network (WOUGNET), Transparency International Uganda, iHub Research (Kenya), the Kenya Human Rights Commission (KHRC), the Commission for Human Rights and Good Governance (CHRAGG, Tanzania) and Toro Development Network (ToroDev). Read more about the network here: www.ict4democracy.org.
Aim of the Fellowship Programme
The CIPESA-ICT4Democracy Fellowship (Media) aims to raise media understanding of, and its effective and consistent reporting of ICT-for-Democracy issues in East Africa. It is expected that the fellowships will result into increased quality and regularity of reporting, as well as a greater diversity of voices, in coverage related to ICT, democracy and human rights.
A total of 12 fellowships shall be issued each year starting May 2017. Applications will be accepted on a quarterly basis as per the below dates:

Fellowship round Application deadline
May – July Closed
August – October July 1st
November – January September 1st
February – April January 1st

Duration: The fellowship shall last for up to three months but can in some circumstances be shorter.
Outputs
Participants in the media fellowship programme will be expected to create various outputs, which may include print articles such as features, broadcast content, multimedia content (animations and infographics) and social media content, as will be agreed in advance of the start of the fellowship.
Eligibility
Applicants should be early career print, broadcast, online or multi-media journalists. Individuals passionate about media platforms such as bloggers and social media enthusiasts with relevant skills are also welcome to apply. Applicants must be based in Kenya, Uganda or Tanzania. It is preferred that applicants have experience in coverage of areas that are relevant to the work of ICT4Democracy in East Africa partners, which may include social accountability, gender and youth mainstreaming, technology, human rights and governance.
Compensation
The fellows shall be given a modest allowance to cater for expenses related to producing the outputs of their fellowship engagement.
Application process
To apply, email [email protected] with subject line stating Application for Media Fellowship. Submissions should include:

  1. Your CV
  2. A statement of interest that mentions the outputs you intend to produce from the fellowship, how they will be disseminated, and how these outputs are beneficial to the work of the ICT4Democracy network or its partner organisation(s), a suggestion of which partner organisation you wish to be attached to, the duration for which you wish to have the fellowship, and anticipated expenses. The statement of interest should not exceed 3 pages.
  3. Two samples of your work (written or other)
  4. Two reference letters.
07Jun

Rwanda’s Communications Regulator Dismisses Electoral Commission’s Directives on Suppressing Free Speech Online

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By Ashnah Kalemera |
The Rwanda Utilities Regulatory Authority (RURA), the body that regulates telecommunication services, has dismissed a statement by the country’s electoral body regarding vetting of social media posts by candidates in the upcoming elections. This principled move by RURA needs to be commended, and just like the authority has steadfastly held service providers to their licensing obligations and protected digital technology users’ interests, RURA stands well positioned to be the champion of the free flow of information and ideas online in Rwanda.
“The National Electoral Commission (NEC) has no mandate to regulate or interrupt the use of social media by citizens,” reads RURA’s May 31 statement. The authority goes on to state that as the body in charge of communications, it has not had any discussions with NEC on the matter and to “reaffirm the right of citizens express themselves on social media and other ICT [Information and Communication Technologies] platforms, while respecting existing laws.”
The statement by RURA follows a directive by the electoral body requiring that campaign posts by candidates, including text, photographs and videos must be sent to a team of analysts prior to publishing on Facebook, Twitter, YouTube, WhatsApp, Instagram or on candidates’  websites.
“The candidates will have to send their messages to our team 24 hours before the time they expect to post them – and then they give us another 24 hours to give them feedback,” a NEC official is quoted as having told journalists. The commission head stated that candidates risked having their social media accounts blocked if they failed to comply with the instructions. According to officials, NEC’s directive was “not censorship”, but rather, aimed at ensuring that “messages posted on social media are not poisoning people.”
The electoral body’s move deserves condemnation for infringing on free speech and aiming to curtail the free flow of information and opinion in the lead up to presidential elections scheduled for August 2017. Article 38 of the Rwanda constitution guarantees freedom of the press, of expression and of access to information. The Media Law of 2013 further extends these rights to the media, including online platforms, as provided for under Article 19.
Whereas these rights need to be respected at all times, it is especially critical to uphold them at election times to enable politicians easily reach out to voters and for citizens to have ample access to competing ideas so as to make informed choices of who to vote for as their leaders. This is why RURA’s dismissal of the electoral body’s overtures to curtail free expression online is particularly welcome, and yet there is need to work on other fronts to ensure that the country’s laws, and the practices of its institutions and leaders, promote free expression online.
Presently, there are gaps in laws such as the 2013 Media Law, the Penal Code, and the law on interception of communications which pose a threat to the online operations of media and civil society. Over the years numerous blogs and websites with content deemed critical of the state have been blocked Recent years have also seen some online publishers being arrested and charged, with some fleeing into exile. See 2017 report on Safeguarding Civil Society: Assessing Internet Freedom and Digital Resilience of Civil Society in East Africa.
Nonetheless, RURA’s statement is a positive development in the country that has put ICT at the forefront of its socio-economic development. As of December 2016, Rwanda had a mobile phone penetration rate of 79%, while internet penetration stood at 37%, according to RURA’s 4th quarter 2016 report.
In October 2015, Rwanda launched its ICT Master Plan – Vision 2020. Among the priority areas is improved ICT access especially via mobile. Meanwhile, Rwanda’s Universal Service Fund, which is aimed at extending connectivity to rural and underserved communities, is funded by up to 2% levy of operator turnover.
Meanwhile, the RURA actively enforces operator licensing requirements and regulations, and issues notices and penalties for non compliance with quality of service obligations. In June 2016 notices to MTN Rwanda and Airtel Rwanda, the operators were ordered to comply with obligations within 15 calendar days and submit to the authority short term implementation reports and in the longer term, implementation plans. The notice to MTN also stipulated a penalty of approx. USD 6,300 per day for “major network outage and service degradation.”
To fully realise the benefits of these initiatives, citizens need to be free to express themselves online and to have trust in using online tools and platforms without fear for their privacy and safety.
Established under the 2001 law governing telecommunications, RURA’s mandate was extended under a 2013 amendment to include “telecommunications, information technology, broadcasting and converging electronic technologies including the Internet and any other information and communication technology.”
 
 
 

06Jun

Growing the Conversation on Online Rights and Internet Measurement in Africa

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By Juliet Nanfuka |
Rising awareness of the role the internet can play in promoting democratic governance, economic prosperity, civic participation and social inclusion is increasingly driving discussions around Africa. A growing number of stakeholders is getting involved in discussions to address gaps in the realisation of the potential of the internet in progressing socio- economic development and justice.
Platforms such as the Internet Governance Forum gave birth to regional and national dialogues on the issues affecting internet governance and internet rights on the continent. Discussions on the technical management of the internet have been held by bodies like the Internet Corporation for Assigned Names and Numbers (ICANN) and the African Network Information Centre (AFRINIC).
Similarly, the Africa Internet Summit (AIS) currently taking place in Nairobi, Kenya has seen yet another convening of stakeholders to explore the current landscape of internet access and use in Africa. The annual multi-stakeholder conference allows key players in Africa’s internet industry to interact with the global Internet community.
This year’s summit is held at a time when Africa’s growing internet use is threatened by increasing affronts to the free flow of information online, including shut downs of the internet, social media and services such as mobile money. Up to 25% of Africa’s households have access to the internet, according to the International Telecommunications Union, and the average telephone penetration on the continent stands at 81%. But rising incidents of shutdowns, along with other curtails to free expression and privacy online, are getting more actors in Africa
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) will be sharing research insights and experiences on the relationship between internet infrastructure, privacy, surveillance and censorship in Africa.
To-date, there remains little data in this area which is fundamental to support advocacy for improved policy development for online rights in Africa. Currently, the true extent of interference in communications remains largely unknown and subject to speculation where there is limited evidence of interference at an internet infrastructure level.
During the AIS, CIPESA Executive Director Dr. Wairagala Wakabi presented on Tampering with the Open Internet: Experiences From Africa during which he shared insights from the 2016 report on the State of Internet Freedom Africa which forms the latest in the #InternetFreedomAfrica series of reports that CIPESA have released since 2014. Additional insights were shared during a panel discussion on Internet measurements and Internet freedom alongside Centre for Intellectual Property and Information Technology Law (CIPIT) and Small Media (UK) during which the digital resilience of civil society was also  discussed.
The discussions built on presentations made by Research ICT Africa and AFRINIC during workshops they hosted at the Summit.

See this Storify: Measuring the Internet (or continue to Storify below)

Meanwhile, CIPESA and the Association for Progressive Communications (APC) will host the Forum on Internet Freedom in Africa (FIFAfrica) in Johannesburg, South Africa on September 27–29, 2017 where there will be continuation of similar discussions including the cross paths of internet use, access, policy and online rights in the continent.
Share your thoughts and opinions online using #InternetFreedomAfrica

The African Internet Summit (#AISKenya) taking place in Nairobi has raised various arguments for the measurement of internet infrastructure in Africa. The current internet landscape features various forms of online interruption, some of which go unnoticed due to the absence of measurement.
https://storify.com/cipesaug/measuring-the-internet

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