Promoting Effective and Inclusive ICT Policy in Africa

Tag Archives: Digital Rights

  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Digital Rights
02Sep

Lawyers Trained to Defend Digital Freedoms 

Author CIPESA Posted on

By Edrine Wanyama |

On July 28, 2022, 82 practicing advocates in Uganda were trained on defending digital rights and freedoms. The training was organised by the International Senior Lawyers Project, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Uganda Law Society, and the Centre for Law and Democracy.

The sessions included an assessment of Uganda’s digital rights landscape, human rights issues affecting women journalists in Uganda, international freedom of expression norms, using international law to defend freedom of expression, and practices for shaping the legal framework for cybersecurity to effectively defend human rights.

In her opening remarks, the Uganda Law Society (ULS) vice president Diana Angwech stressed that it was crucial for the society to promote digital rights as they continued to face challenges.  She added that rights abuses tend to grow during certain seasons such as elections. The ULS Rule of Law Report of 2021 documented abuses such as the state revoking of broadcasting licenses without due process, attacks on journalists, including the assault of over 20 journalists and the shooting of journalists by state security agents while covering opposition campaigns and proceedings in 2021.

In setting the pace for the capacity building training, CIPESA unpacked Uganda’s legal regime for digital rights. The session covered the meaning, scope and importance of digital rights and emerging issues for lawyers’ attention. The rights covered include freedom of expression, access to information, data protection and privacy, rights of children and their protection, intellectual property, assembly and association, the right to be forgotten, anonymity, and equal access to digital technologies.

Uganda’s constitution provides for the rights to privacy, freedom of expression, and the right of access to information. However, the country’s legislation including the Press and Journalist Act, Penal Code Act, Data Protection and Privacy Act, 2019, Anti-Terrorism Act 2002 as amended 2015 and 2016, the Access to Information Act, 2005, the Official Secrets Act, Uganda Communications Act, 2013, Regulation of Interception of Communications Act, 2010, the Computer Misuse Act, 2011, the Anti-Pornography Act, 2014 and the Public Health (Control of COVID-19l) Rules 2021 limit the enjoyment of digital rights. These laws are largely marred by vague provisions and wide limitations which enable communications monitoring and interception, and undermine free expression.

Catherine Anite of the Small Media Foundation spoke about how Uganda was experiencing a deterioration in respect for press freedom. In 2022 Uganda fell seven places on the World Press Freedom Index ranking at 132 out of 180 countries analysed.

According to Anite, while gender equality is a prerequisite for human rights, democracy and social justice, gender disparities remain evident in the media. Female journalists across the globe face similar challenges, in addition to increased and appalling levels of violence both online and offline when compared to their male counterparts. She noted:

“Female journalists have reported suffering physical and online violence perpetrated by colleagues, public figures, strangers, anonymous perpetrators. We might be speaking about journalists but as lawyers some of these things apply to our contexts as well but we don’t speak about them. These trends have negatively impacted on diversity in media because of the exodus of female journalists, which has affected their equal participation in reporting, civil and political participation due to fears of violence.”

Toby Mendel and Raphael Vagliano, from the Centre for Law and Democracy, discussed international and regional laws  on freedom of expression which are applicable to Uganda. They highlighted provisions of such as  the Universal Declaration of Human Rights (Article 19), the International Covenant on Civil and Political Rights (Article 19), the African Charter on Human and Peoples’ Rights (Article 9), and the Declaration of Principles of Freedom of Expression and Access to Information in Africa which, among others, require member states to facilitate the rights to freedom of expression and access to information online. Under these instruments Uganda is obligated to respect, protect, promote and fulfill rights.

Richard Wingfield, the Head of the Media Law Working Group at the International Senior Lawyers Project (ISLP), explored case studies on using international law to defend freedom of expression, including approaches to arguments, support and intervention as well as the filing of amicus briefs to support litigation. He explained that lawyers in Uganda could support litigation, even in cases where they are not directly involved such as by offering professional support towards impactful and successful litigation, so as to contribute to the realisation of justice for freedom of expression rights.

Practices for shaping the legal framework for cybersecurity to effectively defend human rights were discussed. Cybersecurity is critical for ensuring confidentiality of personal data at all levels.

Advanced digital surveillance and forensic tools are needed to deal with modern cyber  threats; but governments can abuse those tools if government authority is not adequately checked by confidence-inducing institutions.

Tools for cyber security such as BitDefender, malware-bytes, full disk encryption with bitlocker or file vault and strong password are critical tools for cyber security. Individuals must always be aware of potential data breaches by state authorities which often compromise individual privacy through surveillance and forensics. Common state excuses for cyber security violations were often justified by a need to protect national security, crime prevention and public order. Similarly, while laws create obligations for collectors and processors of personal data, those actors often violate the laws and, this necessitates legal intervention.

The lawyers were called upon to pay particular attention to problematic laws and policies, bills and practices so as to challenge them with the aim of establishing an enabling environment for the protection and enjoyment of digital rights.

The specific key emerging recommendations for lawyers from the capacity building training included to:

  • Collaborate with other stakeholders like civil society and academia to engage in litigation to promote freedom of expression, data and privacy rights.
  • Analyse bills and laws to establish gaps and push for repeal of regressive laws and amendment of regressive provisions.
  • Constantly write on topical issues on freedom of expression, data protection and privacy so as to raise awareness among individuals of their rights and expose any cases of violation for enhanced accountability and transparency.
  • Push telecommunication companies and internet service providers to comply with human rights when doing business, in compliance with the UN Guiding Principles on Business and Human Rights.
  • Respect individual data protection and privacy rights in their dealings to minimise conflict with the Data Protection and Privacy Act, 2019 and regional and international human rights instruments on freedom of expressions, data protections and other human rights.
  • Make use of human rights reporting mechanisms such as the Universal Periodic Review and Special Rapporteur engagements to hold the government accountable for decisions undertaken in respect to digital rights.
  • Push and demand that the government complies with regional and international human rights standards, and signs and ratifies key instruments such as the African Union Convention on Cyber Security and Personal Data Protection so as to enhance digital rights protection.

Take deliberate efforts aimed at skilling themselves in the digital rights field. This will ensure that they are equipped with knowledge and skills on dealing with issues that affect digital rights.

the-africa-digital-rights-fund-le-fonds-africain-pour-les-droits-numeriques-fund
28Jul

How the ADRF is Building Capacity and Traction for Digital Rights Advocacy in Africa

Author CIPESA Posted on

By Apolo Kakaire |

Three years since it was launched and with USD 649,000 disbursed to 52 beneficiaries across 39 African countries, the Africa Digital Rights Fund (ADRF) is powering digital rights policy advocacy and engagement across the continent. According to several beneficiaries, the ADRF is a unique funding initiative that has broken ranks with traditional funders’ structures, and to considerable effect.

The Fund is lauded for adopting a simple application process, allowing for flexibility in implementation, breaking barriers for little-known actors, enabling grantees to build on previous initiatives to ensure greater reach and impact, and supporting local context-specific and responsive projects. This, according to grantees and collaborators who were part of a June 2022 virtual convening on ADRF advocacy experiences which was aimed at promoting learning and best practice.

The ADRF was launched in April 2019 in recognition of the growing role of technology in fostering democracy and promoting equity on the African continent amidst rising arrests of activists, network disruptions in several countries, and restrictive legislation that stifled innovation and human rights online. Moreover, assessments at the time had found that many digital rights interventions were limited in scope, thinly spread across the continent, faced resource limitations, and were often inconsistent in their engagement with digital rights work. 

“The situation called for partnerships to bring together different competences to advance digital rights on the continent through seed funding,” said Ashnah Kalemera, the Programme Manager at the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the administrators of the ADRF.  Those partnerships required provision of flexible and rapid response funding to a range of entities that did not have the ability to attract funding from traditional funders, who have stringent application requirements and lengthy grant application processing times. 

With grants ranging between USD 1,000 and USD 20,000,  ADRF beneficiaries have undertaken various initiatives focused on technology in society, the public and private sectors. Besides the funding, grantees have also received capacity building in data-driven advocacy and impact communication and media relations. Across the continent, the Fund has helped to strengthen capacity in evidence-based research, collaborative advocacy and impactful policy engagements responsive to regulatory and practice developments that affect the internet freedom landscape.

At the June convening, select initiatives in Kenya, Namibia and Somalia supported by the Fund shared their advocacy experiences. In Somalia, the ADRF-supported work of Digital Shelter has seen a major breakthrough in stakeholder dialogue and engagement on hitherto undiscussed digital rights subjects such as digital inclusion, online civic space, gender-based violence online, digital entrepreneurship, civic participation and data protection and privacy. 

“Prior to ADRF’s support, people in the country had no appreciation for digital rights and the consequences of internet shutdowns. The Fund helped us to engage the government to talk about policies and legislation and when the conversation started, the Minister [of Communications and Technology] was very open and he was surprised that there was a local group addressing these issues,” said Ayaan Khalif, Co-founder of Digital Shelter. “The ADRF was an eye opener and helped us partner and link with other organisations and to understand what works in other countries.” 

Aayan added that applying for the ADRF funding was an easy process. She said: “We were almost giving up on donor funding after so many rejections. The ADRF process was simple. Some donors complicate things. The [application templates] are in English but sometimes it is as if it is in another language.”

The inroads made by Digital Shelter underscore the importance of collaboration and partnership in advancing digital rights in the region. Zakarie Ismael, the eGovernment Implementation Advisor in Somali’s Ministry of Communications and Technology, stated that the government of Somalia, through the ministry has responded to the appeals of Digital Shelter and other actors by prioritising the technology sector, including through the ICT Policy and Strategy 2019-2024. That government responsiveness has been crucial to the work of digital rights activists. As Ayaan noted, “It makes it easy to make inroads when you have people backing you up in policy advocacy. Our partnership with the government has been very practical in this regard.”.

As legislative and oversight bodies, national parliaments have a key role in advancing  digital inclusion and rights-respecting digital policies and practices. Indeed, some grantees, including Mzalendo Trust in Kenya, have dedicated efforts to promoting citizen-parliamentary engagement on digital rights. With the suspension of parliamentary proceedings in Kenya at the height of the Covid-19 pandemic, the ADRF supported functionality upgrades to the Dokeza and Bonga Na Mzalendo platforms. The upgrades enabled citizen participation through remote annotation and submission of memoranda on bills including on the controversial Huduma Initiative. 

Mzalendo Trust has also worked to promote an inclusive digital economy in Kenya. Like Ayaan, Slyvia Katua, a Programme Officer at Mzalendo Trust, lauded the ADRF for using a simple and straightforward application process. “The application requires you to outline what issues you are targeting, what solutions you offer and what impact you foresee,” she said. 

Meanwhile, Josephat Vijanda Tjiho, from the Internet Society (ISOC) Namibia Chapter, appreciated the ADRF grant process for allowing them to build from one project to another. “We organised forums on digital media and elections, then stepped up to privacy and data protection especially around the Covid-19 pandemic and thereafter a campaign against online violence against women and children. Our ideas [which the ADRF supported] were building from one to the other and this made our application process quite smooth,” Tjiho said. 

ISOC Namibia conducted research and convened engagements with different stakeholders on data protection, gender-based violence online and access to information. “Based on our engagements, the Namibia Access to Information (ATI) Act was passed in June 2022 and this was partly made possible through support from the ADRF,” stated Tijho. For its campaign against gender-based violence, ISOC Namibia successfully collaborated with prominent personalities including a technologist, musician and pageant as part of the 16 Days of Activism Against Gender-Based Violence. The campaign fed directly into work on research and workshops on gender-based violence in the Southern African Development Community (SADC) region for which ISOC Namibia partnered with CIPESA, Meta, Pollicy, Genderlinks and University of Pretoria Centre for Human Rights.

According to Neema Lugangira, a Member of Parliament (MP) in Tanzania, undertaking digital rights advocacy without involving parliament has created huge gaps in ensuring that policy and legislation around digital rights are rights-respecting and are effectively implemented. She faulted civil society organisations seeking policy reforms for concentrating on other arms of the government and ignoring parliaments yet they play a key role in policy formulation and oversight. She urged ADRF grantees and other digital rights actors to actively engage MPs as part of their programming. “We should prioritise capacity building for MPs because they are ignorant about digital rights,” said Lugangira.

The experiences of ADRF grantees indicate the potential of rapid response and flexible funding in positively shaping the digital rights landscape in Africa through targeted research, advocacy and movement building.

25Jul

Skilling Justice Actors in Digital Rights Advocacy in Africa

Author Evelyn Lirri Posted on

CIPESA Staff |

In June, 2022, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) conducted a regional capacity building workshop aimed at equipping participants with thematic understanding of key digital rights trends in the region, including disinformation, alongside practical skills development in impactful digital rights advocacy and communication.

Hosted in Lusaka, Zambia, the two-days workshop (June 28 and 29), attracted 20 participants from 10 African countries – Eswatini, Ethiopia, Kenya, Malawi, Mozambique, Rwanda, South Africa, Uganda, Zambia, and Zimbabwe.

According to Ashnah Kalemera, CIPESA’s Programme Manager, the training was part of various interventions through which, CIPESA is developing the capacity of different social justice organisations with the requisite skills to effectively engage in digital rights advocacy  including research methodology and communications, designing evidence-based advocacy strategies, as well as digital resilience.

“There is limited understanding of digital rights among traditional human rights defenders,  with many yet to make the direct link between technology, social justice and human rights as part of their advocacy efforts. Meanwhile, many are working in hostile environments, with shrinking civic space both online and offline,” said Kalemera. 

Although there has been a growing number of civil society and justice actors responding to and challenging government excesses over the years, there are still knowledge and skills gaps among actors that hinder their  engagement in meaningful policy advocacy. Findings from a 2017 joint research study conducted by CIPESA, Small Media, DefendDefenders, and the Centre for Intellectual Property and Information Technology Law (CIPIT) showed that in all of the countries surveyed (Burundi, Rwanda, Tanzania, and Uganda), civil society organisations (CSOs) failed to demonstrate a baseline of digital security knowledge, and/or failed to implement practices effectively.

The report notes that although the internet and related technologies have empowered CSOs to engage with the public, share information, and advocate for citizens’ rights in sometimes challenging and closed political environments, it has also offered means and tools that are used by state and non-state actors to interfere with their work, surveil them, and censor their voices.

In addition, digital security and safety skills are lacking among some of the most at-risk groups, yet trainers and support networks are in short supply. Without adequate digital security capacity, activists and human rights defenders are not able to meaningfully undertake advocacy and engagements around human rights, transparent and accountable governance.

CIPESA’s capacity building interventions are therefore designed and structured to provide both skills and knowledge modules and serve as a platform for developing collaborative advocacy strategies for advancing digital rights in the region. The training in Lusaka covered topics such as the interplay between technology, democracy and human rights; trends in digital rights violations such as arrests and intimidation of online users, internet blockages, surveillance and interception of communications. 

Other topics covered during the workshop were disinformation and human rights, which explored the implications of false and misleading information on online mobilisation and participation. Elsewhere, the workshop explored digital inclusion, with Zambia-based activist, Matha Chilongoshi of Revolt Media emphasising the need for increased engagement on the digital divide, online violence against women and girls and digital accessibility for persons with disabilities. In this regard, Kamufisa Manchishi, a Lecturer at the Mulungushi University – Zambia noted that the existing  digital disparities are a result of access and affordability barriers including failure by governments to design and implement universal service fund policies that prioritise equity. This calls for proactive efforts in policy influence for an inclusive digital society.

Indeed, as highlighted by Apolo Kakaire, the Advocacy and Communication Manager at the African Centre for Media Excellence (ACME), “in order for civil society’s work in Africa to impact government policy, help change attitudes and behaviour in society, and ultimately result in greater protections for internet freedom, there is a need to develop and implement robust advocacy and impactful communication strategies.

Post-evaluation of the training workshop indicated increased understanding of the key terms and concepts covered including the link between disinformation and freedom of expression, disinformation and internet shutdowns, and commitment by participants to apply the acquired knowledge and skills, including acting as infomediaries within their communities and organisations through awareness raising among colleagues, and conducting information verification prior to sharing.

“As a communication officer, I will cross-check and make sure that all the information I am sharing is not deceitful while encouraging others to do the same,” noted one participant. Another participant indicated that they would work to get more involved in advocacy regarding disinformation laws that are detrimental to human rights. “We are planning to have a workshop with the grassroots women human rights defenders on disinformation and human rights and develop a digital rights advocacy and communication strategy.” The planned workshop will take place in Kenya’s largest urban informal settlement, Kibera, led by Tunapanda.

The-Africa-Digital-Rights-Fund
01Apr

Call for Proposals: Round Six of the Africa Digital Rights Fund (ADRF)

Author CIPESA Posted on

Call for Proposals |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is pleased to issue the sixth call for proposals to the Africa Digital Rights Fund (ADRF), which supports digital rights work across the continent through flexible and rapid response grants.

Grant amounts for this round will range between USD 1,000 and USD 10,000, depending on the need and scope of the proposed intervention. The ADRF strongly encourages cost-sharing. The grant period will not exceed six months.

Launched in April 2019, the ADRF supports organisations and networks to implement activities that promote digital rights, including advocacy, litigation, research, policy analysis, skills development and movement building. As at August 2021, the ADRF had supported 45 initiatives with a total sum of USD 564,000. 

Grantees have advanced learning on the intersection of technology, society and the economy across the continent. Notable efforts include studying the role of technology in human trafficking, promoting data protection in digital financial services, digital rights coalition building, confronting online abuse against women, capacity development in digital literacy and security for refugees and pushing back against barriers to digital accessibility for persons with disabilities. 

Furthermore, the Fund has provided technical and institutional support in impact communications and data-driven advocacy to further enhance grantees’ capacity and ensure sustainability of their work.

Application Guidelines

Geographical Coverage

The ADRF is open to organisations/networks based and/or operational in Africa and with interventions covering any country on the continent.

Size of Grants

Grant size shall range from US$1,000 to US$10,000. Cost sharing is strongly encouraged.

Eligible Activities

The activities that are eligible for funding are those that protect and advance digital rights. These may include but are not limited to research, advocacy, engagement in policy processes, litigation, digital literacy and digital security skills building. The current call is particularly interested in proposals for work related to:

  • Data governance including aspects of data localisation, biometric databases and digital ID
  • Digital resilience
  • Digital economy
  • Digital inclusion
  • Misinformation/disinformation

Duration

The grant funding shall be for a period not exceeding six months.

Eligibility Requirements

  • The Fund is open to organisations and coalitions working to advance digital rights in Africa. This includes but is not limited to human rights defenders, media, activists, think tanks, legal aid groups, and tech hubs. Entities working on women’s rights, or with youth, sexual minorities, refugees, and persons with disabilities are strongly encouraged to apply.
  • The initiatives to be funded will preferably have formal registration in an African country, but in some circumstances organisations and coalitions that do not have formal registration may be considered. Such organisations need to show evidence that they are operational in a particular African country or countries.
  • The activities to be funded must be in/on an African country or countries.

Ineligible Activities

  • The Fund shall not fund any activity that does not directly advance digital rights.
  • The Fund will not support travel to attend conferences or workshops, except in exceptional circumstances where such travel is directly linked to an activity that is eligible.
  • Costs that have already been incurred are ineligible.
  • The Fund shall not provide scholarships.

Administration

The Fund is administered by CIPESA. An internal and external panel of experts will make decisions on beneficiaries based on the following criteria:

  • If the proposed intervention fits within the Fund’s digital rights priorities.
  • The relevance to the given context/country.
  • Commitment and experience of the applicant in advancing digital rights.
  • Potential impact of the intervention on digital rights policies or practices.

The deadline for submissions is Friday April 15, 2022. The application form can be accessed here.

22Mar

African Countries Engage in Regional Dialogue Over Internet Universality Indicators Study

Author CIPESA Posted on

By UNESCO |

On 16 March 2022, UNESCO, jointly with the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) convened a regional dialogue on implementing Internet Universality ROAM-X Indicators (IUI) in Africa.

The event, supported by the  International Program for Development of Communication (IPDC) of UNESCO,  gathered a number of leading  national actors and experts who shared best practice and lessons learned from implementing national assessments of ROAM-X indicators in Benin, Ethiopia, Ghana, Kenya, Niger and Senegal.

Juliet Nanfuka representing CIPESA opened the session by recalling that the event builds on CIPESA’s joint efforts and long-term partnership  with UNESCO to raise awareness on the intersection of access to information and application of the ROAM-X indicators  initiated at World Press Freedom Day celebrations in 2018 and the same year’s Forum on Internet Freedom in Africa as part of the International Day for Universal Access to Information (IDUAI).

Xianhong Hu, UNESCO’s focal point of the ROAM-X project, presented the global progress of assessing ROAM-X indicators in 45 countries and highlighted Africa as the leading continent with 17 countries having undertaken the assessment. Ms Hu stressed the urgent need to scale up the ROAM-X indicators’ assessments in more African countries to promote meaningful connectivity and humanistic digital transformation for advancing human rights and sustainable development.

“Africa needs to adjust its digital policy to be more inclusive and the ROAM-X indicators assessment would make a huge difference to support African countries’ inclusive digital transformation and build evidence-based policies.” Dorothy GordonChair of UNESCO’s Information For All Programme (IFAP)

Giving perspectives from West Africa, Professor Alain Kiyindou, Lead researcher of the assessment in Benin and Niger, pointed out the gender inequalities in access to Internet and in the workplace and called for more inclusion of African actors and vulnerable groups in the digital space as well as in the composition of national Multi-stakeholder Advisory Boards and research teams.

Also giving a West African perspective, Dr. Gideon Anapey, researcher for the assessment in Ghana, stressed that, “For African Member States to engage with UNESCO and initiate the ROAM-X project in the region, there is a strong need for capacity building that consists in deepening awareness on ROAM-X, fostering various stakeholders’ engagement, covering ICT integration and inclusion”.

Aderaw Tassew, Mr Asrat Mulatu (Ph.D), both representing Ethiopia and Ms Grace Githaiga from the Kenya ICT Action Network (KICTANet) presented on how they approached the assessment in their respective countries alongside highlighting the potential opportunities held by the indicators. Despite vast dissimilarities between the two countries in Internet access, they noted shared challenges unveiled by the assessment including on data collection, funding, political instability, weak legal frameworks and political will, digital literacy gaps, and various levels of the abuse of digital rights.

UNESCO and CIPESA jointly call for more African countries to take up the national assessment of ROAM-X indicators to promote Internet reforms for advancing media freedom and digital rights in Africa.  Following the webinar, in-country training sessions on the indicators will be conducted by CIPESA in Cameroon, Malawi, Namibia, Somalia and Uganda. Member States that are interested in  getting involved are invited to reach out to CIPESA: [email protected].

In 2015, the 38th General Conference of UNESCO endorsed a new definition on the Universality of the Internet based upon four principles – Rights, Openness, Accessibility to all and Multi-stakeholder participation- the ROAM principles. The four pillars outline a comprehensive framework for the assessment of national digital landscapes towards focusing on multiple dimensions of human rights, open Internet, quality of access and inclusive multi-stakeholder governance, promoting the growth and evolution of the Internet, and the achievement of the Sustainable Development Goals.

This article was first published by UNESCO on March 22, 2022

1 … 15 16 17 18 19 … 22