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

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

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.

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

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.

The Erosion of Digital Rights in the Fight Against Covid-19 in Kenya

By Victor Kapiyo |

Kenya confirmed its first coronavirus (Covid-19) case on March 12, 2020, and as of August 26, 2020, the country had recorded at least 559 deaths, 32,803 confirmed cases, and 19,055 recoveries, with 429,513 persons tested.

Even before the first case was confirmed in Kenya in February 2020, the government had moved to establish the National Emergency Response Committee on Covid-19 to coordinate its preparedness, prevention and response to Covid-19.

The government subsequently introduced several measures to curb the spread of Covid-19 including suspension of public gatherings and other social distancing requirements; limitation on travel outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; travel bans in and out of the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

The Ministry of Health has been providing regular updates on the pandemic both online and offline through its various platforms. It has provided routine updates including situation reports; Covid-19 protocols and guidelines; various public awareness messages; and daily press updates on the status of the pandemic. The government also required all broadcasters to air the health ministry’s Public Service Announcements (PSA) at no cost. As at May 10, more than 43,000 Public Service Announcements had been aired.

However, concerns remained over the negative impact of these measures on peoples’ enjoyment of their fundamental human rights, including freedom of expression, access to information, privacy and data protection, and freedom of assembly. Meanwhile, a rise in misinformation with respect to covid-19, has been met with responses from the government that have threatened human rights.

While there have not been reports of government efforts to block or filter content or to shut down websites to fight the spread of Covid-19 misinformation, it has used other means, including legal threats and arrests. In a public statement, the Cabinet Secretary for Health, Mutahi Kagwe, issued a warning, stating that “these rumours must stop … but because I know empty appeals will not work, we will proceed and arrest a number of them to prove our point.” Consequently, the government has abused the Computer Misuse and Cyber Crimes Act, 2018 to intimidate, arrest, and detain persons, including whistleblowers and critics, in order to censor what it has deemed false information in relation to covid-19.

Following these threats, the government has since arrested four individuals, with two bloggers charged under section 23 of the Act for publishing false information, which carries a penalty of five million shillings or imprisonment not exceeding 10 years, or both. In March 2020, 23-year old Elijah Kitonyo, a student, was arrested after publishing claims on Twitter that the government was deceiving people regarding the Covid-19 situation in the country. According to the authorities, this contravened the Computer Misuse and Cyber Crimes Act.

In the same month, blogger Robert Alai was arrested and charged under section 22(1) of the Computer Misuse and Cyber Crimes Act for publishing alarming and false information in a Twitter post that two people had died of Covid-19 in Mombasa. The arrest came a day after the statement by the Cabinet Secretary for Health warning against misinformation about the virus.

Another blogger, Cyprian Nyakundi, was detained the same week for claiming on Twitter that a senior Kenya Revenue Authority official had travelled out of the country and failed to self-quarantine after returning home. These arrests were unnecessary and disproportionate as there was no evidence of an intention to cause harm, or of harm being caused.

The government has also been accused of clamping down on freedom of association and assembly by restricting movement and mass gatherings during the pandemic period. In April 2020, the Law Society of Kenya challenged the curfew issued under the Legal Notice No. 36 – The Public Order (State Curfew) Order, 2020 under the Public Order Act, Cap. 56 as being unconstitutional. It also complained over the unconstitutionality of the use of unreasonable force by the police in enforcing the curfew.

In its ruling, the High Court found that the use of unreasonable force in enforcing the Order was unconstitutional. Undeterred, in July 2020, police stopped a public demonstration to commemorate the 30-year anniversary of the Saba Saba movement, whose origins date back to 1990 with calls for free elections and multiparty democracy. At least 50 people were arrested as police lobbed teargas at protesters, claiming the protest was illegal since the organisers lacked a permit, yet public gatherings were outlawed during the Covid-19 period.

Another critical aspect is the mass surveillance measures that have been quickly adopted to curb the spread of the virus. Massive data collection continues with collection of telephone numbers, personal information, residential addresses, details of people contacted, body temperatures, as well as location tracking. It is worth noting that all licensed telecom service providers are required to register all SIM cards issued with corresponding subscribers’ details. Also problematic is the development and use of various unproven technologies and mobile applications to support contact tracing. These increase the potential for abuse and present a risk for repurposing the technologies for mass surveillance after the pandemic.

Whereas Kenya has enshrined the right to privacy under Article 31 of the Constitution, and adopted a Data Protection Act in November 2019, the Data Commissioner is yet to be appointed. The contact tracing measures are questionable and potentially violate privacy rights. They lack clear or any legal oversight, and there are no documented safeguards in case of any breaches. Further, there is widespread ignorance regarding the application of the law to the government’s contact tracing programmes. Moreso, it is not manifestly clear how personal data from contact tracing will be collected, stored, and shared.

Civil society organisations have also raised concern regarding the independence of the Judiciary. This follows delayed funding for the Judiciary and recent Covid-19 budget cuts reducing the judiciary’s budget from KES 18.05 billion (USD 171 million) the previous financial year by KES 1.35 billion (USD 12.5 million), leading to suspension of key development programmes; suspension of judicial services during the Covid-19 period from March 2020, with limited court activity since; and the refusal of the President to appoint 41 Judges nominated by the Judicial Service Commission (JSC) in July 2019, despite court orders. Courts remain a critical point of call for those who seek constitutional remedies. Viewed collectively, these developments threaten access to justice and may affect the capacity of the Judiciary to effectively respond to and efficiently deliver justice to those whose rights may be violated during this period.

Meanwhile, the pandemic has led many to work from home, creating increased demand for internet services, and highlighting the ever-rising digital divide. Not all Kenyans have access to fast, and affordable internet, yet access to the internet and digital public services is increasingly being seen as essential for a dignified living.

According to the Communications Authority, internet subscriptions as of March 2020 stood at 39.3 million, while mobile SIM card penetration stood at 116%. While some companies such as Safaricom doubled the bandwidth allocation to their home fibre subscribers, the cost of accessing the internet remains a barrier for most of the population. Working and studying online also means that the public is at a higher risk of cyber incidents. Internet users can be exposed to hacking on online meeting tools, online banking fraud, surveillance, phishing and other email scams. According to the Communications Authority, the Kenya National Computer Incident Response Team detected 34.6 million cyber threats, comprising malware, distributed denial-of-service (DDOS) attacks, web application attacks and system vulnerabilities between January and March 2020, a rise from the 11.2 million attacks reported during a similar period in 2019.

Nonetheless, a number of positive measures have been adopted. In March 2020, the Central Bank of Kenya announced emergency measures to promote the use of mobile money for a three month period. These included the elimination of charges for transactions below KES 1,000 (USD 9.2); increase of daily transaction limits to KES 300,000 (USD 2,763); elimination of charges for transfers between mobile money wallets and bank accounts.

In conclusion, digital technologies have proven to be a key part of the solution to the current Covid-19 crisis. However, the rapid adoption of technologies could lead to decisions without consideration of the complex and long-term human rights impact, especially with regards to transparency and accountability.

According to the UN Secretary General, António Guterres, the post-Covid-19 world is expected to be more digital than before. Therefore, it will be essential for all stakeholders to ensure the respect for privacy, freedom of speech, transparency, participation, accessibility and accountability, including in the digital domain. There will also be a need for continued efforts to build trust and ensure fairness in the use of digital technologies, and bridge the digital divide across the country, to ensure marginalised and excluded groups are included to benefit from digitalisation.

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

Call for Proposals |

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

The current call is particularly interested in proposals for work related to Covid-19 response measures, how they affect the internet rights landscape, and how to redress any resulting harms to rights and freedoms. This effort is essential because, even in pandemic times, governments must respect rights and not abuse emergency powers. Moreover, many actors need access to credible information and research to inform their own work on awareness-raising and holding authorities to account during and in the aftermath of Covid-19.

Digital technologies are playing a role in enhancing Covid-19 disease surveillance, coordinating response mechanisms, and promoting public awareness. However, some technology-based response measures could harm the enjoyment of digital rights, particularly the right to privacy and personal data protection, freedom of expression and association online during and post- Covid-19. Indeed, since the Covid-19 pandemic outbreak, CIPESA and a number of digital rights organisations have taken a keen interest in issues of misinformation, censorship and surveillance.

However, while the current scenario requires proactive and sustained digital rights advocacy, many digital rights organisations, especially smaller ones, need funds to sustain their work, credible research to inform their engagements, and support for their advocacy campaigns.

Launched in April 2019, the ADRF supports organisations and networks to implement activities that advance digital rights, including advocacy, litigation, research, policy analysis, movement building, digital literacy and digital security skills building. The inaugural round of ADRF awarded USD 65,000 to 10 initiatives advancing digital rights in Algeria, Burundi, Egypt, Ethiopia, Gambia, Mozambique, Namibia, Nigeria, Sierra Leone, Senegal, South Sudan, Tanzania, Tunisia, Uganda, Zambia and Zimbabwe.

The second call for applications saw a total of USD 152,000 awarded to 14 initiatives that are advancing digital rights through various projects in 18 African countries – Algeria, Cameroon, Democratic Republic of Congo (DR Congo), Ethiopia, Ghana, Ivory Coast, Kenya, Malawi, Mozambique, Nigeria, Rwanda, Somalia, Somaliland, Sudan, Tanzania, Tunisia, Uganda and Zimbabwe.

Grant amounts for this round will range between USD 1,000 and USD 20,000, depending on the need and scope of the proposed intervention. The ADRF strongly encourages cost-sharing. The grant period will not exceed six months.

The deadline for submissions is Friday August 7, 2020. Read more about the ADRF round three guidelines here.  The application form can be accessed here.