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19Jul

CIPESA, Small Media Make Stakeholder Submissions to the United Nations Human Rights Council on Digital Rights in South Sudan, Uganda and Zimbabwe

Author CIPESA Writer Posted on

By Ashnah Kalemera |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) together with Small Media last week made joint stakeholder submissions on digital rights in South Sudan, Uganda and Zimbabwe to the United Nations Human Rights Council.

The submissions were made as part of the Universal Periodic Review (UPR) mechanism which is an assessment of a country’s human rights under the auspices of the Human Rights Council. 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.

The submissions urge the three countries to ensure that rights to freedom of expression, freedom of information, equal access and opportunity as well as data protection and privacy are protected both offline and online pursuant to constitutional guarantees, regional and international instruments. Based on developments since the three countries’ previous UPR back in November 2016, the submissions make recommendations to be considered during the upcoming third cycle of the UPR, tentatively scheduled for November 2021.

The South Sudan submission was made in partnership with Defy Hate Now and supported by eight institutions – Rise Initiative for Women’s Rights Advocacy (RiWA), Freedom of Expression Hub, Koneta hub, Okay Africa Foundation, Anataban Initiative, IamPeace, Internet Governance Forum (IGF) South Sudan and Information Communication Technology for Development (ICT4D) Network.

The submission for Uganda was supported by Access Now, Freedom of Expression Hub, Women of Uganda Network (WOUGNET), Internet Society – Uganda Chapter and Pollicy.

Access Now, Paradigm Initiative, Zimbabwe Human Rights Association, Association for Progressive Communication (APC), Zimbabwe Lawyers for Human Rights, Zimbabwe Centre for Media and Information Literacy (ZCMIL), Media Alliance of Zimbabwe supported the Zimbabwe Submission.

Read the full submissions:

The three submissions bring to 14 the total number of UPR submissions made by CIPESA and Small Media on digital rights in Africa since 2018. Previous submissions made include: Ethiopia, the Gambia, Kenya, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, and Tanzania

05May

Why Data Rights are Central to Protection of Online Freedom

Author CIPESA Posted on

By CIPESA Staff Writer |

In an increasingly digitised world, safeguarding data rights has become central to protecting individuals’ rights to access and share information, express themselves, and associate using the internet and related platforms.

Advances in technology, alongside growth in mobile subscriptions and increased use of smartphones have pushed individuals online to shop, interact, share and search for information, learn, and work, alongside digitalisation of more sectors of economies and public services. As a result, there is increased collection, processing and sharing of personal data. With many users of Information and Communications Technology (ICT) not aware of the implications of their use of digital technologies and how their rights are compromised, the potential for the data to be manipulated and abused by individuals, private companies and governments is ever-present. 

At the end of 2019, 477 million people in Sub-Saharan Africa were subscribed to mobile services, accounting for 45% of the region’s population. According to the GSMA, the group that represents the interests of mobile operators worldwide, smartphone adoption continues to rise rapidly in the region, reaching 50% of total connections in 2020. Meanwhile, as of 2019, there were 469 million registered mobile money accounts in Sub-Saharan Africa, a figure that was expected to reach half a billion in 2020.

From the provision of eServices, to digital identity (or digital ID), voters registration, drivers’ license applications and issuance, through to mobile phone SIM card registration, public and private service bodies including immigration authorities, law and security enforcement, health service providers, telecom operators, and digital financial service providers are among the big collectors and processors of personal data in Africa. Increasingly, the nature of personal data being collected is expanding, to include biometric data such as facial images or fingerprints.

What is Personal Data?

Personal data refers to information that relates to an identified or identifiable natural person by which that person can be identified, “in particular by reference to an identification or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.”

Upholding individuals’ data rights implies their personal data must be kept private and should not be known, stored, or used by unauthorised parties. Upholding data rights is then a central pillar of the long-recognised right to privacy, which national laws and international human rights frameworks such as the international bill of rights guarantee. Notably, the right to privacy is pivotal in a democratic society as it is both an enabler and reliant on the enjoyment of other rights, such as freedom of expression, information and association.

As businesses, governments, and civil society organisations seek to maximise value of increased data flows, the dangers of cyberthreats, cybercrimes, surveillance, and general data misuse pose threats that require national, regional, and international action to address. At the same time, excessive restrictions on the flow of data between countries can undermine regional economic benefits if no best practices are adopted on how data should flow, be stored, protected, and disposed – Building an Enabling Environment for Inclusive Digital Transformation in Africa.

Poor or missing legal protections for personal data, abuse of existing laws by state agencies including security agencies and by private companies, and poor digital security practices by citizens, are exacerbating the erosion of many African citizens’ data rights. With increased data collection has come increased state surveillance and data privacy breaches. Worryingly, many African states are increasingly using data to undermine citizens’ digital freedoms, such as by conducting real-time monitoring, surveillance of citizens’ social media and intercepting telephone communications. In some instances, this has led to arbitrary arrests and prosecutions of individuals.

Moreover, telecoms and internet service providers are required by law to comply with user information requests or requests for assistance from the government, including the common requirement to install software to facilitate the state’s conduct of surveillance and monitoring of citizens’ communications. Many governments are indeed accessing subscribers’ data from telecom companies with limited oversight and hardly any transparency. Even where service providers feel constrained about regulator directives, they are often overcome by the need to continue operations and agree to restrict data rights. 

In such countries, digital rights are under threat and, resultantly, citizens are losing the appetite to participate in public affairs, and they often practice self-censorship in their engagements over digital platforms. This undermines the philosophy of a free and open internet that drives innovation, enables the enjoyment of rights and improvement of livelihoods.

In many countries, the digital rights situation worsened during the Covid-19 pandemic, as governments suspended respect for several rights, collected lots of private data and conducted surveillance without sufficient oversight, safeguards, or transparency.

The State of Internet Freedom in Africa 2020 Report found that the fight against Covid-19 has had a fundamental impact on digital rights and freedoms including freedom of expression, access to information, privacy, assembly and association. It has also undermined civic participation and, in many countries, deepened the democracy deficit.

In responding to the Covid-19 pandemic, countries across the continent adopted a series of Covid-19 regulations and practices, including deploying surveillance technologies and untested applications, to enable them conduct lawful collection and processing of personal data for purposes of tracing, contacting, isolating and treating those found to be positive or their contacts. These measures were quickly adopted and the collection of personal information continues, and in some cases without adequate regulation or oversight – State of Internet Freedom in Africa 2020: Resetting Digital Rights Amidst the Covid-19 Fallout

In several African countries, there are inadequate safeguards and limited oversight to guard against potential violations of digital rights arising out of the implementation of laws, regulations, systems, and practices imposed to fight Covid-19. According to the United Nations, the use of emergency powers and tools of surveillance technology to track the spread of Covid-19 must be non-intrusive, limited in time and purpose and abide to the strictest protections and international human rights standards governing privacy and personal data.

Concerns over data handling during the fight against Covid-19 and how that harmed digital rights informed the formation of the #RestoreDataRights movement, that is promoted by a group of African and international civil society, academic and philanthropic partners. Launched at the end of 2020, it is premised on the conviction that our fundamental human rights – including those exercised in cyberspace and over our personal and sensitive data – should be respected and upheld during and after the Covid-19 public health emergency. Furthermore, decision-making processes around how sensitive data are collected, shared and used to tackle the Covid-19 pandemic in Africa should be transparent, inclusive and accountable.

There has also been a proliferation of retrogressive laws, procedures and practices such as the systematic criminalisation of online communication and dissent, the arbitrary arrest, illegal detention, flawed prosecution and excessive punishment of government critics. On a continent where digital authoritarianism is rising, the legitimisation of surveillance, censorship, and breaches in the rule of law during the coronavirus crisis could create a new normal that erodes internet freedom for years to come. 

There is therefore a need to have strong data protection laws; to educate citizens to protect their data and to demand their digital rights; and to have strong, well-resourced and independent data protection authorities. It is also crucial to establish clear and well-publicised complaint mechanisms in cases of data privacy breaches. Meanwhile, private companies should institute stringent measures to protect data privacy and integrate ‘privacy by design’ in any applications they develop, partner with civic actors and public officials to promote digital rights, and be transparent about their data handling practices.

These measures would enable accountable data governance that respects citizens’ data rights and advances wider internet freedoms in Africa. Further, they would enable robust protection of digital rights and data rights, while providing scope for data openness that enables harnessing of data to serve the legitimate public interest.

04May

Botswana ICT Challenges: In Quest For A Knowledge-Based Society

Author CIPESA Writer Posted on

By Hopeton S. Dunn |

During his inauguration in November 2019, Botswana’s President, Mokgweetsi Masisi, declared his intention to diversify Botswana’s economy and transform it into a knowledge-based one. President Masisi was acutely aware that Botswana’s rapid rise to become an upper middle income country was largely based on earnings from diamond exports and, to a lesser extent, high-end tourism, industries that are either volatile or unsustainable in the longer run.

Botswana has a record of economic transformation which saw Gross Domestic Product (GDP) grow at an average  rate of 8.78% between 1991 and 2014. In the same period, literacy levels moved from 68.58% in 1991 to 87.7% by 2014, having been at 34% in 1981. However, job creation has not kept pace with population growth or the increasing literacy levels. According to Statistics Botswana, while unemployment stood at 10.75% in 1981, by 2013 it had grown to 20%.

Between 2015 and 2019, GDP grew by an average of 2.59 %, a significant fall from the preceding decades.

To move  from a minerals-led to a knowledge-based economy, the government undertook to implement reforms to expand employment and make Botswana’s products and services more competitive on the world market. The Information and Communication Technology (ICT) sector was expected to contribute to this effort. As an indicator of its prospects, cellular phone subscriptions moved from 13 per 100 inhabitants in 2000, to over 169 per 100 of inhabitants in 2014. There was a distinct possibility of ICT opening up new jobs and development opportunities, especially for youth in new occupational areas such as digital design, online content production, and data analytics. According to the Youth Empowerment Minister, Tumiso Rakgare: “We want to move with new trends and best practices in the content creation industry.”

This would require improved internet access, new e-government strategies, and expanded use of ICT as measures towards job creation and ICT-enabled development.  As is shown below, it has been a mixed record.

Amazing Infrastructure

Over the last decade, Botswana invested extensively in infrastructure to support the vision of a digital-enabled development, with USD 32.3 million pumped into the Trans-Kalahari Fibre Network. The network was intended to deliver 2,000 kilometres of optical fibre across the land-locked country’s southern regions and to link into nearby countries such as Namibia and South Africa.

Another fibre-optic loop links the capital, Gaborone, in the south, to the northern population hub of Francistown. The country is also linked to the rest of Africa through the Eastern Africa Submarine Cable System (EASSy) and the West Africa Cable System (WACS).

Against the background of these major investments, Botswana’s ICT policy and regulatory arrangements were to be repurposed to help translate this elaborate infrastructure into advanced levels of corporate communication, citizen access and high-speed connectivity for national development. The current national strategic masterplan, dubbed Vision 2036, aims to realise these goals by transforming Botswana from an upper middle-income country to a high-income country by 2036. Its implicit aim is to use ICT as a transformational tool towards creating a knowledge-based society.

Deficits and Challenges

While the broad provisions of the strategic plan remain relevant and admirable, it is evident that a foundation of technological transformation was not explicitly embedded in the Plan’s published descriptors. A dedicated ICT pillar, as a necessary component of the sought after knowledge society, seems to be missing. While there has been progress in implementing such laws and policies as the Cyber Crime and Computer Related Crimes Act (2018) and the Botswana National Cyber Security Strategy (2020), other approved policies and laws remain in abeyance. These include the Data Protection Act, which was approved by Parliament in 2018 but has not yet implemented. This is because the establishment of some key institutional structures and regulations are awaited. The same is true for Botswana’s controversial Media Practitioners Act 2008, which is now facing revocation and a possible re-write.

If the noble objectives in Vision 2036 are to be realised, Botswana’s policy and implementation structures will need to be more agile in order to meet the commitment for a knowledge-based society. This goal will also remain challenging given the economic setbacks caused by the Covid-19 pandemic.

Despite the high levels of infrastructure investment, there is little evidence of an expected incoming flow of ICT-related foreign direct investments, or of innovative local investors preparing to build out digital platforms and offer new creative services. It is these initiatives and hoped-for investments that would generate the increased employment levels that the Youth Empowerment Minister had envisaged. In reality, expanded career opportunities such as those in content development services, animation, film production and digital design appear slow to emerge, but are necessary catalysts. Hopefully, the expected early fruits of the vast infrastructure investment in an intended diversified knowledge economy will emerge soon.

One of the agencies that could help to drive the process of renewal is the Botswana Communications Regulatory Authority (BOCRA), whose function it is to oversee a converged ICT and Broadcasting environment – key building blocks of the digital, knowledge-based economy. BOCRA’s roles include oversight over the electronic media, regulation of internet service provision and promoting the broader telecommunications network systems that are needed to power the development of data intensive services.

Established in 2013, the well-resourced BOCRA inherited considerable experience from its predecessor, the Botswana Telecommunications Authority. The institutional restructuring that gave rise to BOCRA was clearly part of a process of telecoms liberalisation that spawned several small internet service providers (ISPs) and new radio broadcasters. The regulatory restructuring also led to the creation of Botswana Fibre Networks Limited, BOFINET, the infrastructure provider, and to the emergence of a separate privatised BTC mobile telephony offshoot called BeMobile. These too should be playing a more dynamic and visible part in building the knowledge society. This new BeMobile company has become a cell phone competitor to its more established incumbents, Orange and Mascom.

This liberalised competitive framework was undergirded by some key legislative reforms that were meant to give legs to the country’s strategic development plan, Vision 2036, and no doubt to the new drive for knowledge society status. The liberalisation process and its outcome were given context by Botswana’s earlier  National ICT Policy of 2004, widely known as ‘Maitlamo’, that foreshadowed many of the current regulatory and legislative changes.  The Communications Regulatory Authority Act of 2012 that established BOCRA as a converged regulator, was also meant to help streamline the country’s ICT strategies, but key challenges remain.

Poor Network Service

Contrary to BOCRA’s 2015 User Survey, which indicated that almost 80% of internet users were satisfied with service quality, there appears to be deepening concerns about effective internet access and network service quality by a growing community of smartphone users. Stats Botswana indicates that while mobile broadband subscription was at 3 per 100 of inhabitants in 2000, this had grown to 67 per 100 of inhabitants by 2017. Despite this dramatic growth in mobile cellular subscription, there are complaints that prices on mobile airtime and on data bundles are challenging for lower income users, including students and some educators who have been forced to migrate online in the face of the Covid-19 pandemic’s effect on educational service delivery.

A February 4, 2018 report in the Sunday Standard newspaper said BOCRA, the regulator, had released a report on recent consumer complaints against telecoms service providers. The newspaper report said that, according to BOCRA, the complaints concerned, among others, billing, missing airtime and data bundles, faulty telephone lines, slow internet speeds, mobile money and termination of contracts. In an  earlier report  in The Gazette newspaper of March 30, 2017, it was alleged that consumer prices were inflated. The newspaper posed questions to operators, including,  “why do all mobile operators charge almost similar – between 60 thebe and 1.50 (pula) per MB?” The Gazette also inquired about what operators thought of “consumer complaints about the high prices in the market”. The report suggested that to some users, internet service provision in Botswana was expensive, spotty and way too slow for promised package speeds.

In light of these challenges, a key question for policy-makers is how regulation of internet prices and mobile service quality will be carried out in order to facilitate innovation among youthful ICT enthusiasts and digital business ventures. Should there be more consistent oversight over mobile termination rates and more aggressive monitoring of service quality?

Yet, getting to the coveted ‘knowledge society’ threshold cannot be based primarily on improved ICT service delivery and reduced pricing alone. It must also include reforms in broadcasting policy, provisions for cost-effective management of big data, training in cultural and creative industries, and competitive regional marketing for design and production services. While the critical issues of digital access, network quality and affordable prices remain central to successfully driving buildout of the future knowledge society, other factors, such as incentives for private investments, wide-scale ICT training and agile policy implementation are also crucial in transforming one of Africa’s most peaceful and prosperous countries.

Hopeton S. Dunn is a a Professor of Media and Communications at University of Botswana. As a   CIPESA Fellow, he is interested in communications policy reform, digital literacy and inclusion, effective internet access and equity, especially as they relate to people in the Global South. His work spans media regulation, technology policy-making, and new theoretical constructs for development. 

How-the-Covid-19-Fight-Has-Hurt-Digital-Rights-in-East-Africa
19Feb

How the Covid-19 Fight Has Hurt Digital Rights in East Africa

Author CIPESA Writer Posted on

By Paul Kimumwe |

The fight against the coronavirus (Covid-19) pandemic in Kenya, Tanzania, and Uganda has dealt a blow to the promotion and preservation of human rights in the region. The outbreak of Covid-19 could not have come at a worse time, as the countries were preparing for their respective general elections (October 2020 for Tanzania, January 2021 for  Uganda, and a potential referendum in 2021 and the August 2022 elections in Kenya).

Even before confirmation of Covid-19 cases in the region, the three East African countries had instituted Covid-19 mitigation measures, including the adoption of statutory instruments which quickly suspended constitutional guarantees without reasonable justification or meaningful stakeholder consultation. The measures were accompanied with a problematic onslaught on the media, the political opposition and ordinary citizens, which undermined the enjoyment of the rights to freedom of expression, assembly and association, and the right to access a variety of news and information, which was critical to informed decision-making particularly during electoral processes.

On March 18, 2020, Uganda instituted its first set of measures that included the closure of schools and a ban on all political, religious, and social gatherings. A week after the March 22, 2020 confirmation of the first case in the country, the Ministry of Health issued the Public Health (Control of Covid-19) (No. 2) Rules, 2020 that introduced further restrictions including a dusk-to-dawn curfew, the closure of institutions of learning and places of worship, the suspension of public gatherings, a ban on public transport and the closure of the country’s borders and the international airport to passenger traffic.

In Kenya, the government introduced several measures to curb the spread of Covid-19 that included the suspension of public gatherings and other social distancing requirements; limitation of travel into and outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; as well as inter-county travel bans between the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

A day after the government confirmed its first coronavirus case, Tanzania introduced a series of measures that included the closure of schools and the suspension of sports events on March 17, 2020. Additional directives, including quarantining travelers from countries with confirmed cases of COVID-19 at the travelers’ own cost, were announced by President Pombe Magufuli.

While many of the restrictions such as the closure of international borders, schools and churches and prohibitions on public gatherings have since been relaxed, the long-term impact of these and other restrictions persist.

In this brief, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) researched Covid-19 related censorship and surveillance practices and related regulatory responses in Kenya, Tanzania and Uganda that affected people’s’ digital rights, including the right to freedom of expression, access to information, and privacy. It shows that the different measures adopted by the three countries, including enactment and enforcement of repressive laws on misinformation/fake news, as well as intimidation, arrests, detentions, and suspension of media operations, have led to an erosion of civil liberties online and offline.

The brief recommends the amendment of all the Covid-19 legislation that restricts freedoms to bring it into conformity with international standards on the right to privacy, data collection and processing as well as freedom of expression and access to information. Further, it urges governments to improve the affordability of the internet by more citizens, ensure the respect of citizens’ rights; and be transparent, and accountable in the conduct of Covid-19 related data collection and surveillance.

15Dec

How Uganda’s Fight Against Covid-19 is Hurting Digital Rights Amidst a Looming Election

Author CIPESA Posted on

By Apolo Kakaire |

The outbreak of coronavirus disease (Covid-19) could not have come at a worse time for Uganda, as the country prepares for what is being referred to as a “scientific election”, where physical rallies are severely restricted, with candidates advised to rely more on the media to canvass support.

Various measures adopted by the government to fight Covid-19 are hampering the enjoyment of various rights and freedoms, and the conduct of the election. The onslaught on the media, the political opposition and social media users has undermined citizens’ right to freely express themselves, and to access to a variety of news and information, which is critical to their informed decision making during this electoral process.

The right of individuals to peaceful assembly and association is linked to their ability to freely express their opinions, and to share and have access to information, both offline and online. However, in response to the pandemic, the government, adopted a series of statutory instruments which quickly suspended constitutional guarantees without reasonable justification or meaningful stakeholder consultation.

Uganda instituted the first set of measures to contain the spread of Covid-19 on March 18, 2020, which included the closure of schools and a ban on all political, religious and social gatherings. A week after the March 22, 2020 confirmation of the first case in the country, the ministry of health issued The Public Health (Control of COVID-19) (No. 2) Rules, 2020 that introduced further restrictions including a dusk-to-dawn curfew, the closure of institutions of learning and places of worship, the suspension of public gatherings, a ban on public transport and the closure of the country’s borders and international airport to passenger traffic.

Many of these measures, including the opening of the country’s international borders, easing of public transport, and allowing public gatherings of up to 200 people, have since been relaxed. However, in the run-up to the January 14, 2021 elections the state has  continued to invoke the repressive Covid-19-related laws and regulations, as well as those predating the pandemic, as a tool to intimidate, arrest, and detain persons, including critics and political opponents. Consequently, it is increasingly looking like Covid-19 has handed the government a ready excuse to trample citizens’ digital rights and hinder civic engagement and mobilisation by its opponents.

The January elections will pit the incumbent president Yoweri Museveni, who is seeking to extend his 35-year rule, against 10 other candidates.  

Curbing Freedom of Expression

Like many other countries, Uganda was hit by cases of Covid-19 related misinformation, and as early as February 2020, the Ministry of Health had moved to dispel reports that cases of Covid-19 had been confirmed in the country.

In March. the communication regulator, Uganda Communication Commission (UCC), issued a public advisory notice against individuals misusing digital platforms to publish, distribute and forward false, unverified, or misleading stories and reports. The regulator warned that any suspects would be prosecuted for offending the Computer Misuse Act 2011, the Data Protection and Privacy Act 2019 and Section 171 of the Penal Code Act Cap 120.

Also in March 2020, the UCC wrote to three media houses – BBS, NTV, and Spark TV – demanding that they show cause why regulatory sanctions should not be taken against them. The regulator accused the media houses of airing content that had the potential “to confuse, divert and mislead unsuspecting members of the public against complying with the guidelines issued by Government authorities on the coronavirus.”

In April 2020, Adam Obec of the Kampala Capital City Authority (KCCA) was arrested on allegations of “spreading false information regarding coronavirus.” According to the police, Obec had circulated information on social media claiming that Uganda had recorded its first Covid-19 death, an action that had purportedly triggered fear and panic in the public and undermined government’s efforts to contain the pandemic.

In the same month, Pastor Augustine Yiga (now deceased) of Revival Church in Kampala was arrested and charged for uttering false information and spreading harmful propaganda in relation to Covid-19. He was later released on a non-cash bail pending trial.

On April 21, the Ugandan military arrested and detained Kakwenza Rukirabashaija, a writer, over an April 6 Facebook post that allegedly urged the public not to comply with  Covid-19 public health guidelines. The post suggested that the president needed to “be serious” about enforcing directives, and that “if the country plunges into the abyss of famine … never blame Coronavirus but yourself and [your] bigoted methods.” The author was charged with committing an act likely to spread a disease, contrary to section 171 of the Penal Code Act and transferred to civil detention on remand. He was later released on a non-cash bail.

Increased Surveillance and Processing of Personal Data

The on-set of Covid-19 led to an increase in incidents of personal data collection and processing as the government traced suspected Covid-19 patients and their contacts. As part of efforts to Covid-19, the government passed various statutory instruments that can be interpreted to be the legal basis for contact tracing. These included the Public Health (Control of COVID-19) Rules, 2020 under the Public Health Act, which gave powers to a medical officer or a health inspector to enter any premises in order to search for any cases of Covid-19 or inquire whether there is or has been on the premises, any cases of Covid-19. Additionally, section 5 of the rules empowers the medical officer to order the quarantine or isolation of all contacts of the suspected Covid-19 patients.

Also introduced was the Public Health (Prevention of COVID-19) (Requirements and Conditions of Entry into Uganda) Order, 2020 that allows a medical officer to examine for Covid–19, any person arriving in Uganda. The medical officer may board any vehicle, aircraft or vessel arriving in Uganda and examine any person on board.

In the same month, the Ministry of Health also issued additional Guidelines on Quarantine of Individuals in the context of Covid-19 in Uganda, which required all quarantined persons to provide their name, physical address, and telephone contact to the healthy ministry monitoring team.

Earlier in March 2020, the government reportedly  struggled to trace and contact returnees for testing and possible quarantine, as many of them had chosen not to present themselves to the authorities. However, the ministry of health said that it was in possession of the contact details of all returnees, which it was using to trace them.

However, in what appears to be a breach of individual privacy, there were reports of some Ugandans using online platforms, mainly Facebook and WhatsApp to share personal contact details of the suspected returnees, with threats of further exposure should they fail to report for testing.

It remains unclear how the public got access to the personal details of the suspected individual returnees that led to some targeted physical attack and threats of eviction and online exposure that breached the right to personal privacy of these individuals as provided for in the Data Protection and Privacy Act, 2019.

Clampdown on Opposition Rallies and Meetings

In October 2020, Uganda’s Electoral Commission (EC) issued campaign guidelines requiring candidates to ensure that their rallies do not exceed 70 attendees and to ensure they maintain a two metres distance, so as to contain the spread of the coronavirus. The number was later revised to a maximum of 200 people. Contestants were also encouraged to use the media as a primary campaign channel.

However, it has proved a challenge for contestants to adhere to the electoral body’s guidelines on the numbers of attendees. Worse still is that security agents have been accused of breaking up opposition meetings and rallies with less numbers than those prescribed in the guidelines, while turning a blind eye to the ruling National Resistance Movement (NRM) party, whose candidates’ rallies and processions often gather more than 200 people.

On November 18, 2020, the National Unity Platform (NUP) presidential candidate Robert Kyagulanyi a.k.a. Bobi Wine was arrested in Luuka District where he was scheduled to address his supporters. Police accused him of having more than 200 attendees. In ensuing protests, mostly in the capital Kampala, security forces shot more than 50 people and arrested over 800 people.

Under the guise of controlling the spread of the virus, opposition presidential candidates are regularly stopped from accessing major towns and are forced to  abandon their plans of campaigning in some districts, or  only hold meetings in low population centres with limited voter numbers. That leaves the mass media as their main means of spreading their messages and reaching voters.

As part of efforts to discourage mass rallies, the UCC in November 2020 issued the Guidelines on the Use of Media during the General Elections and Campaigns 2021. According to the guidelines, all media stations shall not discriminate against any political party or candidate, or subject any political party or candidate to any prejudice in the broadcasting of political adverts. Additionally, all state-owned media stations, in accordance with the Presidential Elections Act, 2005, and the Parliamentary Elections Act, are required to schedule meetings with nominated presidential candidates, parliamentary candidates and other political contenders or their representatives to agree on the schedule or timetable for campaigns, and how it can be shared equitably among the contenders.

On the other hand, all private media stations are required to ensure that all their advertising space and air time is not bought out by one party. Moreover, all political parties, organisations and candidates must be given an opportunity to purchase airtime for political adverts or campaigning where they so request.

However, for several contestants, attempts to use broadcast media, especially radio talk-shows, have been frustrated as they have been denied access. In Soroti district, the FDC presidential candidate, Patrick Oboi Amuriat, was denied access to any of the radio stations. Amuriat said that radio stations including “Etop, Delta and Kyoga Veritas where he had booked for talk shows declined to host him citing intimidation from (the) government.” In Kotido, Amuriat was also denied airtime in any of the radio stations while in Agago, a radio station which was hosting him was switched off air for about 30 minutes during the show.

Kyagulanyi, another presidential candidate, was on November 25, 2020 told to leave Spice FM radio premises in Hoima City, where he was set to address residents of that area, a few minutes after his arrival. Last August, Kyagulanyi dragged the government to court for blocking his radio talk shows.

These patterns are not new. Dr. Kiiza Besigye, who contested against Museveni for the presidency in the last four presidential elections, was on multiple occasions denied access to radio airtime, with the radio stations often warned  not to host him.

In 2016, the state broadcaster UBC was found by the Supreme Court, in the presidential election petition  by then presidential candidate Amama Mbabazi, to have flouted Article 67(3) of the Constitution and Section 24(1) of the Presidential Elections Act. The provisions require that all presidential candidates be given equal time and space on state-owned media to present their programmes to the people.

Impact on Citizen Democratic Participation

With just a few weeks left until the January 14 election), the government of Uganda should restrain itself from further affronts on civil liberties, especially the rights to freedom of expression, access to information, assembly and association, the lifeblood of any democratic society. Efforts to combat and contain the pandemic should not be used as an excuse or tool to stifle democracy.

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