Promoting Effective and Inclusive ICT Policy in Africa

Tag Archives: Access to information

  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Access to information
12Oct

Internet shutdowns take centre stage at #InternetFreedomAfrica forum

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By Shitemi Khamadi |

When figures are put forth, bringing the arguments of something to the table, the conversation changes. One starts to look at the loss accrued from their actions or inactions and make an informed decision. In the same vein, when people come together to fight for a course, a just course, the likelihood of succeeding is higher.

This was the case at the Forum on Internet Freedom in Africa 2017 where the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) launched a report affirming that over a period of 236 days, internet disruptions in 10 African countries led to loss of US$237 million. That is a colossal amount, equivalent to some budgets of key infrastructure projects on the continent.

Meanwhile, the 2017 State of the Internet Freedom in Africa Report themed; Intermediaries’ Role in Advancing Freedom: Challenges and Prospect also highlighted the critical role of telecommunications companies in government-initiated shutdowns and censorship.

In a panel on privacy and freedom of expression, a representative from Zimbabwe’s Ministry of ICT, Postal and Courier Services asserted that the country will not shutdown the internet. Neither will they disrupt social media. The official stated that the negative effects of shutdowns initiated in other countries were clear and limiting access to the internet stifles expression, causes more harm than good. For an otherwise autocratic regime, this is telling of its appreciation of the impact technology has on the lives of citizens; social-economic and political.

Equally important to the debate about quantifying the cost and impact of shutdowns was the session titled ‘Unmasking the real impact of internet shutdowns in Africa’. The panellists included Fiona Asonga from Tespok, a Kenyan organization that brings together telecom operators but also software & hardware developers & ICT hubs.

Asonga shared on policy advocacy efforts to push back against the Cameroonian government’s shut down of the internet in the English speaking regions for 93 days.  She emphasised that continuous engagement was key to ensuring progressive actions from such governments.

The #KeepItOn session was great for advocacy enthusiasts. Here, coalition experiences of how to fight back against shutdowns were shared including joint condemnation letters to authorities and social media campaigns. Perhaps the most piercing is the collecting and dissemination of individual impact stories on the negative effects of shutdowns to lives. Such, go beyond abstract thoughts and conversations to real life scenarios.

Privacy was another recurring theme at the Forum with discussions highlighting the lack of data protection policies in many African countries, which had led to a growing trend of data breaches. For instance in Kenya where data protection is not well regulated, concerns arise as to whether intermediaries care an inch about the tons of private data they have on people. Kenyans receive unsolicited SMSs from politicians and businesses about their products. They can easily blame telcos for sharing their data but between the telco and themselves, lay tens of places like buildings and mobile money outlets where details are disclosed and any unscrupulous individual can mine for personal gain.

What was lacking from these conversations were insights on how African countries can fast track implementation of effective data protection laws. Going by the example of the Access to Information Act in Kenya that took the Private Members’ Bill approach after government stalled, could such an approach be explored towards citizens’ realisation of the right to privacy?

Overall, sessions at the Forums were quite timely, and so were the practical digital security clinics run by Access Now and DefendDefenders to ensure activists are equipped with the necessary skills and knowledge to work safely and securely.

Here is to a toss The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Association for Progressive Communications for a good job done.

The article was originally published on the iFreeKe website

05Oct

Universal Access to Information in Africa: What Governments Need to Do

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By Edrine Wanyama |
The annual celebration of the International Day for Universal Access to Information (IDUAI) on September 28 is aimed at highlighting the importance of access to Information (ATI) as a cornerstone of all other rights.  This year’s IDUAI celebrations were held in Mauritius, organised by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) as part of the  E-learning Africa summit  (E-Summit). The summit is a fora for deliberation on issues of access to learning and vocational training, access to information, equality and quality in education,  literacy and governance with prioritisation of sustainable development solutions.
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) participated at the e-Summit, making contributions on open access to information and the prerequisites for ATI, including highlighting the need for a conducive policy, legislative and regulatory environment to ensure universal access to information in Africa. Among the measures proposed at the meeting were the full recognition of ATI by more African states supported by the implementation of ATI laws and regulations which effectively empower citizens to demand for information.
Discussions at the summit also entailed a call for governments to ease access to information across multiple platforms including online, in print and through traditional media, alongside clear procedures on how information can be accessed in instances when it is not publicly available. Further, there should be efforts to minimise the costs of accessing information as well as making clear provision for timely information request processing, response and complaints handling mechanisms. A key enabler of the realisation of ATI in many countries will be the repealing of draconian and conflicting legislation and putting in place robust personal data protection measures.
Meanwhile, at the Forum on Internet Freedom in Africa hosted by CIPESA in Johannesburg, South Africa, there was emphasis on the need for governments to limit exemptions to accessible information, improve on data storage mechanisms and systems, provide for mandatory disclosure of information and put in place strong and functional penal mechanisms against information officers who deny citizens information.
Access to information (ATI) is a fundamental human right recognised by international human rights instruments, including articles 19 in both the Universal Declaration of Human Right and the International Covenant on Civil and Political Rights. These articles provide for, among others, the right to freedom of opinion and expression including receiving and imparting information and ideas through media. ATI is also recognised in articles 13(1) and 17 of the Declaration on the Rights of the Child; article 15 of the United Nations Declaration on the Rights of Indigenous People; and the United Nations General Assembly Resolution 59 (1).
The summit brought together participants from all the 54 African countries. However, African countries continue to grapple with enacting ATI laws. Out of 54 countries, only 22 have enacted ATI laws. Additionally, these existing laws have been criticised for failing to meet international minimum standards, with limitation to access outweighing access rights.
Despite the overwhelming participation of African countries, the dilemma remains in the low response to ATI legislation. It should be noted that the lack of ATI legislation negatively impacts accountability and transparency by the state, which are tenets grounded on access to information.
 
 

10Sep

Uganda On the Right Path Towards Realising Open eGovernance

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By Lilian Nalwoga |
The Uganda government has identified Information and Communication Technology (ICT) as one of the key drivers of socio-economic transformation in the country. This is evidenced in its presence as a priority in national development frameworks such as Vision 2040 and the National Development Plan II (NDP II) which spans from 2015 to 2020.
Extension of the National Broadband Infrastructure (NBI) which to date has connected a total of 133 Government Ministries, Departments and Agencies (MDAs) sites out of which 94 are currently utilising internet delivered over the NBI. Further the NBP II also prioritises the construction of incubation hubs and ICT parks.
These frameworks have recently been measured for the level of governmental openness they enable. Open e-Governance is measured in terms of the ability of the different actors in the internet access eco-system , including governments, business and civil society, to participate in decision-making processes  through the use of information and communication technologies.
In March 2017, CIPESA conducted a study into the State of Open eGovernance in Uganda. The study forms part of the Open e-Governance Index (OeGI), an action-research project implemented by the Foundation for Media Alternatives (FMA) `that aims to measure the state of ‘openness’ in the implementation of ‘e-governance’ around the world.
The OeGI index comprises four key  dimensions which are measured for different qualities with the highest score being 1 a dimension can score. The study revealed that the dimension Uganda scored highest in was  digital inclusion at 1.00 and scored lowest in the dimensions on meshed eGovernment, eParticipation channels and ICT empowered civil society respectively.
Dimension and Country Index Scores

Dimension Description COL IND PAK PHI UGA Average
Meshed eGovernment The ability of governments to provide citizen centric online services. 0.92 0.54 0.38 0.72 0.35 0.58
eParticipation new, digital medium for public participation 0.51 0.82 0.32 0.65 0.36 0.53
Digital Inclusion Presence of policies and programs that support the public’s wider use of ICT 0.83 0.50 1.00 0.33 1.00 0.73
ICT empowered civil society ICT readiness and utilisation CSOs and other non-State organisations such as political parties and people’s organisations. 0.63 0.54 0.71 0.75 0.39 0.60
Enabling / constraining environment Extent that the government recognizes and fosters the right to freedom of expression, right over personal communication, cultural freedom and the use of local languages government’s ability to place its public functions online, which comprises many aspects of ICT enablement. 0.81 0.78 0.63 0.63 0.78 0.73
Average   0.74 0.64 0.61 0.62 0.58 0.64

In terms of  Meshed eGovernment, Colombia scored the highest at 0.92, followed by the Philippines at 0.72, Indonesia at 0.54, Pakistan at 0.38 and Uganda at 0.35. In the eParticipation channel dimension, Indonesia had the highest score at 0.82, followed by the Philippines at 0.63, Colombia at 0.51, Uganda at 0.36 and Pakistan at 0.32.
Pakistan and Uganda scored 1.00 in the Digital Inclusion dimension, followed by Colombia at 0.83, then Indonesia at 0.50, and the Philippines at 0.33. In the ICT empowered civil society dimension, the Philippines scored the highest at 0.75, followed by Pakistan at 0.71, Colombia at 0.63, Indonesia at 0.54 and Uganda at 0.39. In the Enabling/Constraining Environment dimension, Colombia scored the highest at 0.81, followed by Indonesia and Uganda both at 0.78, then Pakistan and the Philippines both with a score of 0.63.
Uganda’s highest score in Digital Inclusion reflects the presence of universal access and literacy policies in place, such as the National ICT Policy 2014, Rural Communications Development Fund Policy 2001 and draft broadband strategy although adoption and implementation is still challenge.
Despite, having the lowest average index score of 0.58 out of 1, the study indicates that Uganda is moving towards the right path to implementing eGovernance. This includes a growing number of e- services being offered by public agencies such as e-filling for taxes, presence of enabling laws and policies, some of which are positive for citizen participation, free expression and open governance and a growing use of ICT by both governments and Civil Society Organisations (CSOs).
Nonetheless, slow uptake and uncoordinated implementation of eGovernance across government Ministries, Departments and Agencies (MDAs) is still hampering its full adoption. Thus, more commitment towards adoption of policies especially those focusing on promoting open data, open standards and privacy and data protection is needed.
Full findings of the study can be found here.
 
 
 
 
 
 
 

20Jul

CIPESA Engages Ugandan Members of Parliament on Implementation of Access to Information Law

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By Loyce Kyogabirwe |
It is 12 years since Uganda passed an access to information law with the purpose of promoting transparency and accountability in all organs of the state by providing the public with timely, accessible and accurate information. The law also empowers the public to scrutinise and to participate in government decisions. However, the law has remained largely unimplemented as many Ministries, Departments and Agencies (MDAs) ignore citizens’ requests for information and rarely release information pro-actively, which contravenes the law.
“I have sent several information requests to the Ask Your Government (AYG) Uganda portal. It is now three months and I have never received any feedback,” said Cuthbert Abigaba, Member of Parliament (MP) for Kibaale county in Kamwenge district, while speaking at an engagement of Uganda’s MPs on implementing the Access to Information Act 2005. Organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) on July 13, 2017, the convening was a follow up on an earlier engagement with the MPs on their duties and responsibilities in enforcing the access to information law.
Section 43 of the Access to Information Act requires parliament to receive annual reports from each minister detailing all requests received from citizens for access to records or information, and indicating whether access was granted or not, and where access was not given, the reasons for the denial.
However, Parliament has never received any such reports, nor has it asked ministries to comply with this provision of the law. This issue was also raised earlier in April 2017 when CIPESA presented a position paper on the State of Access to Information in Uganda to MPs on the ICT Committee. The paper highlights some government initiatives to promote access to information, identifies gaps in the law, and makes recommendations for amendments to the law in order to enhance citizens’ access to information.
At the this month’s meeting, CIPESA presented to 16 MPs a comparative analysis of access to information legislation in East Africa and urged the lawmakers to pursue the proposed amendments so as to align Uganda’s law with progressive provisions in some of the East African Community (EAC) Member States’ laws, as well as to international human rights instruments.

 “While it is recognised that the EAC region is progressing in promoting the right to information, there are a number of issues that have bottlenecked citizens’ right to information. These include: lack of access to information by non-citizens in Uganda, Kenya and South Sudan; lack of ATI regulations in Rwanda, Kenya, Tanzania and South Sudan; lack of a clear definition of security information by Uganda; lack of provision for transferability of requests in South Sudan; limited scope of bodies the law applies to in Uganda; prohibitive access fees in Uganda, as well as the lack of clear complaints mechanisms in Uganda.” Comparative Analysis of Access to Information Legislation in Africa, June 2017.

During the meeting, the MPs expressed concern over insufficient knowledge among legislators about their duties and responsibilities under the law. They also noted that citizens were not sufficiently aware of their rights and the obligations of public officials. The legislators called for wider awareness raising to increase citizens’ demand for information. “If a Member of Parliament like me did not know the access to information law, what about the citizens who are not even educated?” said Rose Mutonyi, MP for Bubulo West, Manafwa district.
On the other hand, the MPs appreciated the recommendations and proposed amendments contained in the two position papers and suggested an action plan for meaningfully implementing the access to information law. Among the strategies put forward was to engage the Office of the Speaker of Parliament, sensitise more MPs to demand for annual reports from ministers, and engage ministers to submit the annual reports.
Nonetheless, the MPs cited the need for more capacity building on access to information for the majority of legislators to inform their discussions in parliament. As noted by Majegere Kyewalabye, MP for Bunya East, Mayuge district, “We need to be prepared more before we can go on the floor of parliament to present these issues.”
The engagement with MPs was organised by CIPESA in partnership with the Greater Parliamentary North Forum 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.
 

22May

CIPESA Presents Proposals on Access to Information Law to Uganda Parliament’s ICT Committee

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By Juliet Nanfuka |
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has met members of the ICT Committee of the Parliament of Uganda and presented proposals for more effective implementation of the Access to Information Act of 2005 and for amendments to this law in order to enhance citizens’ access to public sector information.
During the April 7 engagement, it emerged that the access to information law remains largely unknown, misinterpreted and unimplemented, thus fueling the gap in the amount of information held by the state available to citizens. Consequently, civic participation in governance, monitoring of service delivery as well as transparency and accountability in government, is undermined.
In 2005, Uganda enacted the Access to Information (ATI) law which granted citizens the right to access information held by the state. However, in the 12 years that have since elapsed, there are few cases to show utilisation of the law by citizens, and indeed the state.

Article 41 the Uganda constitution, states: “Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.”

Mary Paula Turyahikayo, chairperson of the ICT Committee, said the committee has worked to ensure that the necessary laws and infrastructure such as the national backbone infrastructure (NBI) project are in place to enable more citizens to access the internet.
Despite these measures, citizens’ access to vital information remains a big challenge, with the access to information law hardly implemented.


The ATI law requires every minister to make an annual report to parliament on the number information requests they received, indicating granted or rejected requests and reasons for rejection. However, no ministry has ever presented such a report. Moreover, at a workshop held last March for government information officers, it emerged that many of them are not aware of this obligation.
Silas Aogon, the Member of Parliament for Kumi Municipality, noted, “We have never seen any report to parliament on how the MDAs [Ministries, Departments and Agencies] are giving information to those who want to access it.  I had never thought about asking for it until now.”

On March 15 and 16, CIPESA hosted 12 Information Officers from 15  MDAs in a dialogue on some of the challenges faced by MDAs to implement ATI and training on the use of the online information portal www.askyourgov.ug.  This was followed by a workshop on April 7 during which a position paper on the Right to Information in Uganda was presented to Members of Parliament on the ICT Committee. The meeting was attended by 17 individuals including seven MPs, six journalists and four members of the Greater North Parliamentary Forum.

Ultimately, for the right to access information to be realised in Uganda, including meaningful implementation of the law, parliament needs to play an active oversight role. Indeed, while some MPs may not be conversant with the ATI law, they recognise the importance of citizens’ access to information for good governance. This was echoed by Abigaba Cuthbert, MP of Kibale County in Kamwenge district, who stated, “With increasing corruption, access to information is critical. We cannot talk about transparency without access to information.”


Accordingly, the CIPESA position paper on the State of Access to Information in Uganda makes several recommendations, the first being that parliament should use its oversight role and compel all public bodies to comply with section 43 of the Act which 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. This will ensure that each ministry and the different agencies under it submit annual reports on the status of access to information.
Below are some of the other recommendations:

  • Government ministries, departments and agencies should develop manuals containing descriptions, addresses, nature of work and services, how to access information and persons to consult as stipulated in section 7 (1), (2) and (3) of the Access to Information Act.
  • Government should fast-track and operationalise the Digital Repository Centre for proper storage and accessibility of government records. This will serve to ensure the digitisation of information and more efficient information record keeping, management and release.
  • There also remains a need for the ATI Act to be amended, specifically to:

See the full list of recommendations: State of Access to Information in Uganda

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