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01May

World Press Freedom Day: Exploring the Relationship Between Media, Network Disruptions and Disinformation

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By Juliet Nanfuka |
This year marks the 26th celebration of WPFD and is themed, “Media for Democracy: Journalism and Elections in Times of Disinformation”. The day will be celebrated in more than 100 countries in addition to the main event that will take place in Addis Ababa, Ethiopia at the African Union Headquarters; and will serve as a platform to discuss current challenges faced by media during elections, as well as the media’s potential in supporting peace and reconciliation processes.
In his annual WPFD message, United Nations Secretary-General António Guterres has recently stated: “No democracy is complete without access to transparent and reliable information. It is the cornerstone for building fair and impartial institutions, holding leaders accountable and speaking truth to power.”
Unfortunately, the media and ordinary citizens in several countries are increasingly facing limitations to their freedom of expression, access to information, and the right to associate. This has been witnessed in the  Sub-Saharan context where up to 22 African governments have ordered network disruptions in the last four years – while since January 2019, seven African countries – Algeria, Benin, the Democratic Republic of Congo (DR Congo), Chad, Gabon, Sudan and Zimbabwe – have experienced various forms of network disruptions.

See Despots and Disruptions: Five Dimensions of Internet Shutdowns in Africa

Many of these states have often cited the need to preserve public order and national security as the basis for their disruption of digital communications. The necessity to control fake news, misinformation, and hate speech are also cited in justifying the blockage of access to the internet. However, these actions are also a direct affront to media freedom, often undermining the ability of journalists to gather and impart information, to file reports, contact sources, or verify stories.
This goes against the premise of democracy, particularly at a time when journalists need to robustly play their role as society’s watchdog and when citizens need access to a diverse pool of information to inform their decision-making. In an age of increasing disinformation including by state actors, it is fundamental that the channels of communication, and information sourcing, remain accessible by all to establish the credibility of information and to counter false information with facts.
To mark this year’s World Press Freedom Day (WPFD),  the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) will participate at the global celebration in Ethiopia and at a national event in Uganda to speak about the relationship between network disruptions (such as internet shutdowns and social media blockages), freedom of expression and the role of the media.
Among the sessions CIPESA is participating on at the main WPFD event is one titled “Understanding Electoral Information Flows: Mapping the Impact of Digital Technology from Network Disruptions to Disinformation” which is hosted by The Global Network Initiative (GNI). It  will map the different ways that digital technology impacts election-relevant information flows, as well as the inter-relationships between these impacts with the goal of developing a systems and data flowchart that can help policy makers, companies, elections administrators, elections observers, media, and other stakeholders identify and mitigate risks, improve planning and coordination, and enhance transparency around their efforts to support elections.
This will be followed by a CIPESA-organised  session titled “Keeping It On at Election Times: Navigating the Dilemma, Mapping Good Practices,” which will discuss trends and implications of network disruptions on journalists, activists, and civil society organisations. They will assess current efforts to address the policy gaps that exist and opportunities for expanding the network of advocates against internet shutdowns. Further, the session will explore and best practices of how countries can keep communications on at contentious times such as during elections.
The various sessions will include representatives from the World Web Foundation, Media Foundation for West Africa, Global Network Initiative (GNI), Addis Ababa University, Gobena Street / Addis Zebye, Committee for the Protection of Journalists (CPJ), International Media Support (IMS) and Facebook.
In Uganda, CIPESA will speak at a session titled “The impact of internet shutdowns on freedom of expression and the right to information during elections”. The Ugandan event is organised by the African Centre for Media Excellence (ACME) and various partners who include CIPESA, the Uganda Human Rights Commission, the American Embassy in Uganda, the Human Rights Network of Journalists, and Freedom House.
CIPESA World Press Freedom Day Sessions
Ethiopia:

  • May 3 (Parallel Session 11): Understanding Electoral Information Flows: Mapping the Impact of Digital Technology from Network Disruptions to Disinformation
    • Time: 14h00 – 15h30
    • Location: Medium Conference room
  • May 3 (Parallel Session 16): Keeping It On at Election Times: Navigating the Dilemma, Mapping Good Practices
    • Time: 16h00 – 17h30
    • Location: Small Conference Room 3

Uganda
 

  • May 3: The impact of internet shutdowns on freedom of expression and the right to information during elections
    • Time: 14.15 – 15.00
    • Venue: Golf Course Hotel, Kampala
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.
 

11Mar

Leveraging ICT to Promote the Right to Information in Uganda: Insights from Ask Your Government Portal

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By Loyce Kyogabirwe |
Despite the existence of legal and regulatory frameworks that promote the right to information, access to public information remains a big challenge in Uganda. The potential of ICT to promote citizens’ access to information is widely acknowledged and in 2014, the government and civil society partners launched the Ask Your Government (AYG) web platform that allows citizens to make online information requests to government Ministries, Departments and Agencies (MDAs).
However, four years on, it is evident that most citizens might not be aware of their right to information let alone the procedures for accessing information and data that is held by public bodies. Meanwhile, public officials continue to ignore citizens’ information requests despite efforts to equip both the duty bearers and rights holders, including information officers, journalists as well as women’s rights organisations,  with knowledge and skills on rights and responsibilities.
User statistics from the AYG portal show an increase in the number of requests as well as number of public agencies registered on the portal. Between 2014 and 2016, only 243 requests were submitted to 76 agencies. But by June 2018, the number of information requests submitted had reached 2,450, to 106 MDAs (20 Ministries, 60 Departments and Agencies and 26 to Local Government Officials).  

Use of the Ask Your Gov Uganda platform between 2013 and 2018

The highest number of information requests have been submitted to the Uganda Revenue Authority (URA) –  350 between June 2014 and June 2018, followed by the Ministry of Defence with 152.
However, the nature of requests lodged still indicates a misinterpretation of what falls under a public information request as most of the submissions are related to internships and Tax Identification Numbers (TIN). Perhaps this is an indication of the priority information needs of many of the portal’s users.  
Also of concern is the low response rate to information requests. Of the 2,450 requests submitted between June 2014 and June 2018, only 121 have been indicated as successful and and 102 as partially successful, representing an average response rate of 9%.  Less than 1% of requests (20) were rejected while those still awaiting responses are 2,074 or 85%. The 85% can be regarded as refusals under section 18 of the Access to Information Act (ATIA), 2005 which states: “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.”  The response period is 21 days.
In some cases where public information was requested, users were advised to visit the respective MDAs in order to access such information. For example  Davidson Ndyabahika, a journalist working with Uganda Radio Network, requested for statistics of enrolment and performance of both private and public primary and secondary schools in Ntungamo District from 2010 to 2016 from the Ministry of Education and Sports. He was advised to physically visit the Ministry offices where he would be cleared first before accessing such information. Such a response  indicates challenges with digitised information storage and retrieval among public agencies although section 10 of the Act mandates information officers to ensure that records of a public body are accessible.
Equally, there are cases where limitations of the portal have emerged and information has been withheld because it can only be provided after payment of the statutory search fees. The ATIA specifies a non-refundable access fee of Uganda Shillings (UGX) 20,000 (USD 5) which remains a high cost for the majority of the population.
The limited levels of government responsiveness to information requests and uptake of AYG by both citizens and public officials impact upon initiatives working to promote access to public information for social accountability and civic engagement. This calls for more capacity enhancement, sensitisation and awareness raising among public officials of their duties and responsibilities as laid down in the Access to Information Act.  Likewise, MDAs ought to utilise the different ICT platforms and tools to proactively release public information as prescribed in the Act and make efforts to ensure that citizens are aware of such information and where to find it.
Under Section 7 of the Act, public bodies are mandated to compile manuals containing descriptions, addresses, the nature of work, services and how to access information within six months after the commencement of the Act. However, 13 years since the law was passed, only the Ministry of Lands and Urban Development has adhered to this requirement. Indeed the ministry was in 2015 awarded the most responsive public entity as part of commemoration of International Day for Universal Access to Information (IDUAI).
Likewise, section 43 of the Act requires every minister to submit an annual report to Parliament on requests for records or access to information made to a public body under his or her ministry indicating acceptance or rejection, and reasons for rejection. However, there has never been any report from ministers since 2005 when the Law was passed, and Parliament has never demanded for such reports.
Meanwhile there should be efforts to continuously empower citizens to fully exercise their right of access to information as stated in Article 41 of the Constitution and Section 5 of the ATIA. Such efforts include capacity building of different demographic groups such as women, youth, persons with disabilities (PWDs), journalists, and teachers to demand for public information relating to service delivery and accountability while utilising different ICT platforms and tools including the AYG portal. Public officials should also be empowered to utilise these tools to proactively share public information with citizens.
The AYG is an initiative of the Ministry ICT and National Guidance in partnership with the Africa Freedom of Information Centre (AFIC) and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).

31Oct

Study Reveals that a Culture of Secrecy Among Public Officials Hinders Media Work in Tanzania

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By MISA Tanzania Correspondent |
A prevailing culture of secrecy among public officials in Tanzania at both central and local government levels is hindering the work of journalists, according to findings by a recent study. This is affecting access to information necessary for media reporting towards increased civic participation, transparency and accountability in governance.
The study which was conducted by the Media Institute of Southern Africa (MISA) Tanzania Chapter in partnership with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) assessed the responsiveness of local government authorities (LGAs) and central government offices in Tanzania to citizens’ information requests.
The study found widespread laxity among officials in processing information requests, with many claiming to have misplaced or lost filed requests. “If you received someone’s documents, why would you say you can’t see them just a week later?” wondered Haika Kimaro, a newspaper correspondent in Mtwara town in the south-east of Tanzania. In the port town of Kigoma, Rhoda Ezekiel, a correspondent with Uhuru Newspaper, recounted how the secretary of the Ujiji Municipal Council once claimed to have misplaced her information request when she followed up on a query she had submitted.
Radio journalist George Binagi shared a similar experience from the town of Mwanza: “I submitted my questions in writing to the Regional Commissioner’s Office. I went back 10 days later and did not get the answers. They looked for my letter and [claimed they] never saw it.”
But it is not only the media affected by limited access to public information. Researchers are affected too. During the study, Jacqueline Jones, a mass communication graduate and intern at MISA Tanzania, went to the Dar es Salaam Regional Commissioner’s office posing as a student researcher. She requested for information pertaining to the office’s functions, ongoing projects, income and expenditure. However, she was turned away for lack of an introduction letter from a university, with officials claiming that work procedures do not allow them to disclose information without such a letter.
“Their customer service is awful and the people at the registry department were quite harsh and rude. One of them actually shouted at me for insisting on getting my answers in a written form,” said Jones.
She submitted a similar request to the Dar es Salaam City Council, which, according to the city’s Information Officer needed approval by at least four different Heads of Sections. The Information Officer provided her with the requested information upon receipt of the approvals.
Alternative platforms for accessing information offered their own challenges. According to Zulfa Musa, a Mwananchi Newspaper correspondent in Arusha, administrative assistants manage the City Council offices’ telephone numbers and getting in touch with the Director or his Secretary to request for information required one to have these officials’ personal phone numbers. It was difficult to make information requests as the administrators were reluctant to provide the personal contact information of the Director or his secretary.
The frustrations faced by the journalists who took part in the study indicates that it is likely that citizens face similar or worse challenges.
It is widely recognised that access to quality and timely information for citizens is crucial in facilitating informed dialogue, monitoring and evaluation of development issues at the local level, thereby accountable governance and improved public services delivery.
Gasirigwa Sengiyumwa, the National Director for MISA Tanzania, stated that whereas an Access to Information Act was passed in 2016, “it appears that both public servants and the general public remain unaware of this Law.” He added: “There is a need for sensitisation about the law through training workshops for both parties [public officials and citizens] to ensure that the rights and responsibilities provided for under the law are realised.”
The study was conducted as part of the ICT4Democracy in East Africa initiative’s objective to document and publicise the utility and effectives of Information and Communication Technologies (ICT) for government-citizen interaction, proactive information disclosure, and responsiveness to information requests, for the realisation of the right of access to information.
Seven out of Tanzania’s 28 regions were covered in the study, with a total of 28 information requests filed to 14 institutions during March and April 2017. The written requests were emailed as well as hand-delivered to the institutions. Follow ups on approval or denial of requests was conducted through phone calls and physical visits.
Read the full study at here.

13Oct

Access to Public Information in Uganda: Rhetoric or Reality?

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By Loyce Kyogabirwe |
Norah Owaraga, a Ugandan researcher, recently narrated her experience on accessing government-held information in the country. She recounted a trip to Tororo district in eastern Uganda where she sought information on Tuberculosis prevalence in prisons. “I was told to go back to the prisons headquarters in Kampala (the capital) to get authorisation yet I had already received clearance from Uganda National Council for Science and Technology (UNCST) and the President’s Office to access government information. Why did I have to travel back to Kampala when I had all the clearance?” asked Owaraga.
Her question was directed at Frank Baine, the spokesperson of Uganda Prisons, during a dialogue held in Kampala to commemorate the International Day for Universal Access to Information, which falls on September 28.
In his response, Baine quoted section 4.8.1(i) of the Code of Conduct and Ethics for Uganda Public Service, 2006 and the Official Secrets Act 1964, stating that public officials are custodians of information that comes into their possession during the course of duty. “Without due permission from an authorising officer, such information cannot be communicated,” explained Baine. In Owaraga’s case, he said the authorising officer was not within the UNCST or the President’s office. Rather, it was the head of Uganda Prisons who had the mandate to authorise the release of the information.
Owaraga’s experience mirrors the challenges faced by Ugandan citizens in realising the right to access information. The right of access to information is enshrined in article 41 of the Constitution of the Republic of Uganda, 1995 which provides that, “Every citizen has a right of access to information in the possession of the state or any other organ of the state except where the release of the information is likely to interfere with the security of the state or the right to the privacy of any other person”. Uganda was among the first African countries to enact a right to information law, the Access to Information Act (ATIA), 2005 and later the Access to Information Regulations, 2011.
The ATIA is aimed at promoting transparency and accountability in all organs of the state by providing the public with timely, accessible and accurate information. Baine’s response instead highlights that a culture of secrecy still persists, with limited proactive release of information by public agencies and denial of citizens’ requests for information.
Other challenges that were raised during the dialogue include the high costs of accessing information, lack of knowledge of the provisions of ATIA among citizens and public officials, and the tedious procedures of requesting for information – all of which impact on the level of citizens’ information requests.
Despite the challenges, the government has taken some steps to promote access to public information. Speaking at the dialogue, Moses Watasa, Commissioner of Information Dissemination at the Ministry of ICT and National Guidance, explained that the Ministry is working to sensitise all government ministries, departments and agencies (MDAs) on ATIA as well as strengthening communication departments within MDAs and local governments with the aim of improving information gathering and dissemination.
Furthermore, the ministry has developed a centralised government information web portal (www.gov.go.ug), which functions as a gateway to all other government websites. The portal is reinforced by the ministry’s requirement for all MDAs to have a communications officer, functional website, a presence on social media and email addresses for officials to ensure public accessibility.
Watasa acknowledged that there has been a culture of secrecy among public officials further compounded by internal bureaucracies. He stated that the government was working to review archaic guidelines that restrict responsiveness or proactive disclosure by public officers.
Meanwhile, according to Watasa the government is also due to launch Open Government Sessions aimed at bridging the information gap between citizens and duty bearers. The sessions, which will be hosted monthly, will involve different MDAs interfacing with the public on functions, ongoing activities, budget allocations and expenditure and feedback. It is expected that the sessions will be broadcast live on TV and leverage social media platforms to allow remote participation.
However, it remains unclear when the archaic laws and guidelines will be reviewed and implemented to ease citizens’ access of public information. It is only through improved access to information that there can be increased social accountability and government transparency towards improved service delivery and greater citizen participation in governance and democratic processes.
The dialogue on access to information in Uganda was organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with the Ministry of ICT and National Guidance in the context of the ICT4Democracy in East Africa initiative’s objective to engage stakeholders on supportive policies and practices for human rights and democratic governance in East Africa. It brought together 50 participants including public officials, policy makers, civil society, media, and scholars to reflect on the role of information in improving service delivery and accountability in Uganda.

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