East Africa Archives – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

19Feb

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

CIPESA Writer February 19, 2021March 19, 2021

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.

17Feb

Why Access to Information is Essential for Democratic Elections in Africa

CIPESA February 17, 2021March 19, 2021

By Dunia Mekonnen Tegegn |

The importance of access to information in the electoral process and for democratic governance is documented in the African Charter for Democracy, Elections and Governance, and other sub-regional treaties and standards.

Without access to reliable information during the electoral process, it is difficult for citizens to eloquently exercise their right to make an informed choice. For elections to be free, fair, and credible, voters must have access to information at all stages of the electoral process. Access to information enables voters to be educated and informed about political processes so that they can have a basis upon which to vote for political office holders and to hold public officials responsible for their acts or oversights in the implementation of their actions.

Though Africa has developed several normative frameworks and legal instruments defining democratic elections, the wider dissemination of relevant information during the electoral process remains a challenge, putting the credibility of the process into question.

The Revised Declaration of Principles of Freedom of Expression and Access to Information under principle 13 emphasises that any preparatory work for elections should take into account the need for access to information and adherence to the African Union Commission’s Guidelines on access to information and elections.

Over the past few years, access to information has further been made easier through advances in information and communications technology (ICT), especially the internet, which have expanded the avenues through which people can access and share news and information.

Consequently, the importance of internet access in the dissemination of information that is politically balanced and adequate, particularly during election times, has also been underscored under many of the regional human rights instruments .

For example, the UN Committee on Civil and Political Rights (CCPR) has emphasised that the internet is one way of expression since paragraph 2 of article 19 protects all forms of expression and the means of their dissemination. Similarly, principles 37 and 38 of the Revised Declaration of Principles of Freedom of Expression and Access to Information provide protection for access to the internet.

Despite existing guarantees, both state and non-state actors have violated these rights by limiting access to information during election periods through ordering internet shutdowns, clamping down on news media, and restricting the movements of political opponents to campaign. This in turn undermined the reliability of electoral processes.

Trends also indicate that most of the African countries conducting elections in 2020 and beyond have experienced internet shutdowns, often affecting the fairness and credibility of the elections.

The situation has further been complicated by COVID-19, which has hampered crucial offline electioneering, making the online space crucial. Though state and non-state actors have used various types of strategies to censor and restrict information during election times including through blocking certain content and internet pages, the impact blanket internet shutdowns have on access to information is massive. This strategy is not the best option as internet shutdowns only present short term solutions. Other alternatives should be sought, such as progressive laws, judicial oversight , and legal actions before domestic and regional courts .

In this report, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) explores the challenges citizens face in accessing crucial information in Africa, especially during elections, despite the recent developments in the ICT sector, including the internet which is often shut down as governments attempt to stifle their citizens’ ability to seek and share information online.

03Oct

Forum Sparks Debate on Internet Freedom in Africa

admin October 3, 2015

By Juliet Nanfuka |
The recently concluded two-day Forum on Internet Freedom in East Africa 2015 sparked debate on the many facets of internet freedom, including access to information, digital safety, media freedom, online violence against women, regulation of the internet, freedom of expression online, and the online economy.
The first day of the Forum coincided with the internationally celebrated Right to Know Day (September 28) and also served as a platform to recognise the tenth anniversary of the Access to Information Act in the host country, Uganda.
The Forum, organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) under the OpenNet Africa initiative, brought together just under 200 participants, a dramatic increment from the 85 who participated at last year’s inaugural Forum. Participants represented a wide spectrum of stakeholders including communications regulators, civil society, intermediaries, private sector, tech enthusiasts, artists, media and ordinary citizens. It was supported by the African Centre for Media Excellence (ACME), Hivos, Ford Foundation, Open Technology Fund, UNESCO and Web We Want.
According to the ITU, there are currently 3.2 billion people using the internet of which, by end 2015, two billion will come from developing countries. There is therefore a need to create awareness and to advocate for internet rights in developing countries that are registering a dramatic uptake of the internet.
The African Declaration on Human Rights has set the foundation upon which human rights standards and principles of openness in internet policy formulation can be developed in Africa. While various policies and laws have been developed in the continent’s 54 countries, many contradict the rights to privacy, access to information, data security, and freedom of expression.
In his opening remarks at the Forum, Jaco du Toit, Communication and Information Adviser at the UNESCO Regional Office for Eastern Africa, pointed to growing concerns over the mechanisms used by governments in the region to monitor citizen’s activities both online and offline. These concerns threaten legitimate online interactions including by the media that plays the role of society’s watchdog, and by critical citizens with large online footprints and human rights organisations that rely on information to encourage civic participation and good governance.
The use of ICT tools by citizens to exercise their right to free expression and as an engine for development is widely recognised especially as the push for open data gains momentum across the African continent. However, recognition of internet rights in the same breath as the rights guaranteed offline by national constitution remains a grey area.
Internet Freedom in East Africa
The forum served as the launch of the State of Internet Freedom in East Africa 2015 report on access, privacy and security online in Burundi, Kenya, Rwanda, Tanzania, and Uganda. The report is the result of qualitative and quantitative research conducted in the focus countries between May 2014 and August 2015.
The report highlights legal developments related to internet freedom in each of the focus countries such as the May 2015 ruling by the East African Court of Justice (EACJ) against the Burundi Press Law of 2013, on the grounds that some sections went against the principles of press freedom. This marked a victory for the Burundi Journalists Union who had petitioned the court over the repressive law. In Kenya, the Security Laws (Amendment) Act was signed into law despite concerns over its expansion of the surveillance capabilities of the Kenyan intelligence and law enforcement agencies.
In Tanzania, the controversial Cybercrimes Act and the Statistics Act were both passed in 2015 notwithstanding protests due to the restrictions they place on advancing transparency and access to information.
Progressive public access developments are also reported such as the Smart Kigali initiative which provides wireless internet service on select public transport buses. The Ministry of ICT in Rwanda also launched the “Stay Safe Online” campaign aimed at promoting awareness on cyber security.
The report also presents some of the violations of internet freedom that were registered in East Africa over the last year.
Knowledge, Attitudes and Perceptions on Internet Freedom
The report found that understanding of what constitutes internet freedom among the region’s citizens is varied. The majority associated internet freedom with the ability to utilise the internet free of unwarranted state regulations or commercial restrictions.
Online safety practice was low with only 48% of the respondents using digital safety and security tools to safeguard themselves online. A lack of awareness of security risks on digital platforms and shortage of skills to secure communications were among the reasons for not actively utilising online safety tools.
The report further found widespread perception among East Africans of government surveillance even where there was limited evidence remain prevalent of actual surveillance. Respondents cited national security, countering terrorism, and combating hate speech as key reasons for government surveillance.
Discussion Echoes Report Findings
Discussions in the 13 sessions at the forum repeatedly pointed out contradictory or non-existent laws to protect users especially in instances where critical content in writing, or creative and performing arts have led to arrests. This in turn has contributed to self-censorship by independent content producers and media.
Further, victims of online violence against women (VAW) do not have any legal structures to ensure their rights are upheld; instead, many are castigated more than the perpetrators of the violence. Limited legal provisions on the vice have thus led to a culture of silence and misinformation which in turn impacts upon reporting of cases to indicate the extent and actual statistics of VAW in African countries.
Discussions at the forum echoed insights gathered in the report, including the friction between control of content which impacts upon freedom of expression and regulation of the internet so as to combat hate speech and terrorism, and to maintain national security and public order.
“Ignorance of the law is not an excuse,” said Irene Kaggwa, Head of Research and Development at the Uganda Communication Commission on the need for responsible use of the internet. Jimmy Haguma, Acting Commissioner with Uganda Police’s Cybercrimes unit, , added that “freedom without control” would contradict certain needs, such as ensuring child online safety and protection from theft and fraud.
The challenges involved with ensuring that the internet is a safe space for genuine interaction were summarised by Facebook’s head of Public Policy for Africa, Ebele Okobi, who noted that “If Facebook were a country, it would be the biggest country in the world.” She added that the global platform faces a challenge of how to apply the laws of every country in which it has users in its policy on online content.
Underpinning all discussions at the forum was the use of social media and the need for users to build their digital security capacities as the online arena increasingly becomes the key avenue for social interaction. However, legislation in many countries has not moved fast enough to ensure the protection of users who fall victim to online abuse and violence.
In his closing remarks, Vincent Bagiire, Chair of the ICT Committee, Parliament of Uganda, emphasised the necessity for further engagement on internet freedom not only by civil society but with a more inclusive multi-stakeholder approach which works towards ensuring a free and open internet. He stated that this responsibility exists first at the national level, “but given the borderless, global nature of the internet”, it is also very much a global issue. “Internet freedom is both a domestic and a foreign policy subject,” he said.
The Forum had representation from 19 countries including Burundi, Cameroon, Democratic Republic of Congo, Ethiopia, Germany, Italy, Kenya, Nigeria, Rwanda, Tanzania, South Africa, South Sudan, Sudan, Somalia, Uganda, United Kingdom, United States of America, Zambia, Zimbabwe
For more details, visit the Forum on Internet Freedom in East Africa 2015 page, See the full programme and the speaker biographies.

18Oct

ICT4Democracy in East Africa Network Activities Update

admin October 18, 2014

By Juliet N. Nanfuka
The network of seven partners (profiles) unified under the ICT4Democracy in East Africa initiative have since 2011 jointly worked to enhance the capacity of citizens and governments in using ICTs to promote human rights, good governance and citizen participation.
Between January and June 2014, the partners each undertook activities that aimed to support the inclusivity of citizens in transparency,

ICT4Democracy in East Africa is composed of seven partners working to enhance the capacity of citizens and governments in the efficient use of ICTs to promote human rights, good governance and citizen participation. — ICT4Democracy in East Africa is composed of seven partners working to enhance the capacity of citizens and governments in the efficient use of ICTs in democratic processes and participation.

accountability and service delivery monitoring through the use of Information and Communication Technologies (ICTs) in Kenya, Tanzania and Uganda. These activities are increasing citizens’ participation in decision-making processes and strengthening democracy in the region.
The partners have each created unique approaches to encouraging citizen participation through mobile short message services (SMS), FM radio, social media such as Facebook and Twitter, crowd-mapping platforms and a toll free call centre. Research has also been conducted by some partners on the knowledge and perceptions associated with ICT use and the flow of information between and among citizens and government.
As part of the projects, partners have pursued direct community engagement with grassroots based organisations, local governments, media, policy makers, voluntary social accountability committees (VSACs), academia, the tech community, and civil society organisations in the use and promotion of ICTs in governance.
In brief, some of the activities pursued by the partners include the below:

In Western Uganda the Toro Development Network (ToroDev) has engaged with various stakeholders and also utilised radio and social media to inform and encourage participation in service delivery monitoring and accountability.
The Kenya Human Rights Commission (KHRC) tapped into its existing community of Human Rights Networks (HURINETS) to advocate for open governance, and the right to information.
iHub Research is conducting research into the flow of information between citizens and government through ICT tools in a bid to understand whether the interaction supports service delivery, access to information, and combating corruptions – and how these interactions can be improved upon.
The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) has combined research, capacity building and advocacy on the roles that citizens, media and public officials can play in the pursuit of good governance.
The Ugandan Chapter of Transparency International is supporting communities in northern Uganda to report and act on shortcomings in the public health services delivery. This has been accomplished through provision of a toll free line, social media campaigns and working with Voluntary Accountability Committees (VACs).
Women of Uganda Network (WOUGNET) is working with Community Based Organisations (CBOs) and Voluntary Social Accountability Committees (VSACs) to empower women in the use of ICTs that can enable them to play a part in service delivery monitoring in northern Uganda.
In Tanzania, the Commission for Human Rights and Good Governance (CHRAGG) is educating citizens on human rights and empowering them to use their phones to report human rights violations.

For more details, please see the full activity report of ICT4Democracy in East Africa network between January and June 2014.
CIPESA is the ICT4Decmoracy in East Africa Regional Coordinator

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