Placing ICT Access for Persons with Disabilities at the Centre of Internet Rights Debate in Kenya

By CIPESA Writer |
Persons with disabilities have unique needs and have for long been disadvantaged, yet, the more some African countries get digitally connected, the deeper the digital divide for this community seems to grow. Indeed, debates about internet governance and the inclusiveness of the information society have not prominently featured the needs of persons with disabilities. This, despite Information and Communications Technology (ICT) having the potential to improve the lives of persons with disabilities.
However, it was a different story in Kenya a month ago, with disability rights featuring prominently at the Kenya Internet Governance (KIGF) and being the focus of a multi-stakeholder workshop held the day before the forum.
ICT for us is an enabler; for a person with disability, ICT makes the world go round,” remarked Erick Ngondi of the United Disabled Persons of Kenya (UDPK), at the end of a workshop organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) alongside the Kenya Internet Governance Week that is spearheaded by the Kenya ICT Action Network, or KICTANet. “For me this has been one of the first meetings as relates to ICT and disability, so this is an excellent move.”
The workshop brought together 28 participants who included representatives of disabled persons’ organisations, government departments, telecom companies, academic institutions, technology companies, civil society organisations, and the media. The workshop explored ICT inclusion obligations for the state and for private companies and discussed what Kenya needs to do so as to improve access and usage of ICT for persons with disabilities. (Watch video with highlights from the meeting.)

“This workshop is one of its kind because it is not only about issues of physical accessibility but also informational and technological accessibility for persons with disabilities. This is a good initiative by CIPESA and I want to applaud them for this. It is a journey that has started and I look forward to us going on with this journey until we achieve our goal of persons with disabilities being included in technology.” George Shimanyula, Cheshire Disability Services Kenya.

In addition, the workshop disseminated a draft tool for monitoring compliance and implementation of ICT and disability rights obligations, including those specified by national laws and the United Nations Convention on the Rights of Persons With Disabilities (CRPD). The aim was to receive feedback on the tool, and to create awareness of how state and non-state actors can assess the compliance of government departments and private entities with digital accessibility obligations.
Kenya’s constitution is strong on disability rights, outlawing discrimination on the grounds of disability in article 27(4); and providing that a person with disability shall be entitled to treatment with respect and dignity, access educational institutions and facilities, have reasonable access to all places, public transport and information, and access materials and devices including for communications (article 54). Moreover, Kenya’s National ICT Policy of 2016 outlines, under article 13, strategies for “an accessible ICT environment in the country in order to enable persons with disabilities to take full advantage of ICTs.”
https://twitter.com/BakeKenya/status/1156905814122217487
However, as was noted by Judy Okite, founder of the Association for Accessibility and Equality, many of the digital accessibility strategies outlined in the 2016 policy remained unfulfilled. While Kenya’s government is making significant steps to move its services online, the platforms are not favorable to those who are visually imparied. “Are we widening the digital divide by moving our services online? Is ICT recognised as an enabler for PWD in Kenya?” wondered Okite.

Unfulfilled: Digital accessibility strategies outlined in the Kenya National ICT Policy 2016
The Government will where appropriate take measures to:
(a) ensure that ICT services and emergency communications made available to the public are provided in alternative accessible formats for persons with disabilities (PWD);
(b) review existing legislation and regulations to promote ICT accessibility for PWDs in consultation with organisations representing PWDs among others;
(c) promote design, production and distribution of accessible ICT at an early stage;
(d) ensure that persons with disabilities can exercise the right to access to information, freedom of expression and opinion;
(e) require both public and private entities that render services to the public to provide information and services in accessible and usable formats for persons with disabilities;
(f) Require content producers for distribution and public consumption in Kenya to produce such content in accessible format such as audio description, audio subtitles, captions and signing for access to persons with disabilities.
(g) ensure that websites of government departments and agencies comply with international web accessibility standards and are accessible for persons with disabilities
(h) provide incentives to providers of accessible technology solutions including software, hardware and applications
(i) take such measures that will lessen the burden of acquisition of accessible technologies and associated gadgets by PWDs through fiscal means such as tax exemptions, subsidization, funding acquisitions, etc.
(j) ensuring that licensed ICT service providers offer special tariff plans or discounted rates for persons with disabilities communicate with the rest of society.
(k) Ensure that licensed providers of telecommunications services make available services and supporting technologies for persons with disabilities including emergency services, accessible public phones and relay services to enable persons with speech, hearing and seeing disabilities

Similar sentiments were shared by lawyer and digital rights activist Angela Minayo, who said the workshop “was very productive” and had enabled participants to realise that there is a gap in the implementation of ICT policy and in awareness of how national policies and international legal frameworks provide for persons with disabilities to be able to access and use ICT.
Conversations from the workshop were carried forward to the KIGF, with a session on inclusion, where Okite joined Paul Kiage (Communications Authority), Nivi Sharma (BRCK), Ben Roberts (Liquid Telecom), Josephine Miliza (KICTANet) and Alfred Mugambi (Safaricom) on a panel.
Kiage, an assistant director in charge of the Universal Service Fund (USF), said the fund had collected KShs 9 billion (USD 86.6 million), mostly used to extend network coverage to areas without voice services and to offer broadband connection to 896 secondary schools across the 47 counties. He said they had installed JAWS software and other assistive devices in eight learning institutions, partnered with the National Council for Persons with Disabilities to create a portal to enable persons with disabilities to access information including job advertisements, and created platforms in some libraries to enable accessibility to digital content.
But, according to Okite, despite USF’s efforts, “the digital divide is growing bigger for persons with disabilities”. Research she was part of last year showed that computers in some of the learning institutions had not been replaced for several years, requisite software was not installed or out of date, and staff managing the labs were not trained to teach users. Sustainability of the initiative was thus in question.
Kiage’s response? “We could do a lot more because we know there’s even primary schools that are catering for persons with disabilities in Kenya so we could go lower and support such schools.”
As of March 2019, Kenya had a mobile penetration of 106%, or 51 million subscriptions, while internet subscriptions stood at 46.8 million, of which 46.7% were on broadband. But as the KIGF panel on inclusion heard, segments of Kenyans can not afford to use ICT, and those in rural areas, poor and uneducated women, and many persons with disabilities were cited.
Dr. Wairagala Wakabi of CIPESA asked the Kenya government to conduct a gap analysis to establish the unmet ICT needs of persons with disabilities, collect on a regular basis disaggregated data that shows how persons with different types of disabilities are using technology and the challenges hindering greater use, and invest a larger portion of universal service funds in promoting digital accessibility. He added that Kenya should grow awareness about assistive technologies and make these technologies affordable.
“We should leave no one behind when it comes to digital inclusion,” he said. “Clearly, the Communications Authority can do more to improve access for people with disabilities, including through the use of the Universal Service Fund,” he said.
The private sector needs to be compliant too, and to be held to account to fulfil its obligations. In Kenya, and indeed across Africa, Safaricom has been a pace-setter. Last November, it launched the DOT Braille Watch service to enable the use of its M-Pesa mobile money service by persons with disabilities, said Karimi Ruria, Public Policy Manager at the provider. In December 2017, Safaricom introduced the Interactive Voice Response (IVR) that enables visually impaired and blind customers to control their M-Pesa transactions.

‘People With Disabilities Left Out in ICT Jamboree’

By Marc Nkwame |
As more Tanzanians join the digital world of Information Communication Technology (ICT), the majority of people living with disabilities have been left out, according to stakeholders.
It has been observed that in their quest to optimize profits, equipment suppliers, content producers and mobile communication service providers skip the needs and rights of persons with disabilities wishing to access such services.
Speaking during a special awareness workshop for Information Communication and Technology accessibility among persons with disabilities, the coordinator, Paul Kimumwe from the Collaboration on International ICT Policy for Eastern and Southern Africa (CIPESA) pointed out that it is high time countries formulated special laws to ensure that marginalized groups are also catered for when it comes to such services.
“And if countries have such policies in place, there is the need for legislators to push for their execution, as it seems mobile service providers cater only for a physically able clientele,” he specified.
His observation was also reflected in an assessment tool for measuring mobile communication accessibility for persons with physical disabilities deployed among participants during the just ended workshop on how ICT development side-lined people with special needs.
Dr Eliamani Laltaika, a lecturer from the School of Business Studies and Humanities at the Nelson Mandela African Institute of Science and Technology (NM-AIST), said the society’s mentality and personal stigma contribute in how ICT establishments view the needs of disabled persons.
“Unlike in the past, people should now realize that in the modern era, all is needed for a person to be useful is a healthy brain not peculiar appeal,” he cautioned.
According to the Don, it is usually the persons with physical disabilities that can prove to be extremely good intellectually and especially in Information Communication Technology (ICT), which means once empowered they can perform better than their physically fit counterparts.
Participants realized that mobile handsets are designed for people with hands and those with strong eye sights, while traders and phone service providers are yet to import gadgets that can cater for people without sight or hands.
Ndekirwa Pallangyo, representing the regional chapter for the Federation of Disabled Persons’ Associations in Tanzania (SHIVYAWATA), admitted that people with disabilities have been left out in ICT development.
“And the worst part of it is that even persons with disabilities themselves are unaware that they have been side-lined,” he said, underlining that when it comes to attending to the needs of the physically handicapped, it is important to consider individual requirements.
“There are those who are physically fit except for their sight. Others have impaired hearing, some can’t walk while there are those with no hands, etc. therefore each group need to be handled according to needs,” the activist added.
Originally published on IPP Media 

Comments Submitted to Communications Regulator on Uganda’s Proposed New Telecoms Licencing Framework

By Daniel Mwesigwa |
According to the 2018 third quarter communication industry report by the Uganda Communications Commission (UCC), Uganda has 15 million users connected to the internet, representing a 38% internet penetration rate. However, the cost of access and usage is among the highest in the region, which has hampered the uptake of Information and Communications Technology (ICT). Through the national broadband policy, the government hopes to avert duplication of infrastructure and increase usage of  ICT resources, ensure universal access, and streamline licensing regimes for telecommunications and broadcast operators. On the latter, the UCC has embarked upon a review of the current licensing regime aimed at addressing current gaps and limitations to the access and usage of ICT nationally.
The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) joined the Association for Progressive Communications (APC), Rhizomatica, AfChix Uganda chapter, BOSCO Uganda, and the Internet Society to submit comments to the ongoing review of the licensing framework for the telecommunications sector in Uganda.
The submission responded to key concerns raised by the UCC including on issues such as national roaming, effective spectrum allocation, infrastructure sharing, affordability, the gender digital divide, in addition to regulated and cost-oriented pricing.
Among the recommendations in the submission is the need to enable alternative approaches to broadband delivery that can complement existing network operator models. Such approaches include enabling affordable access to spectrum and also creating regulations for community networks and small scale operators to provide access to the underserved, especially in rural areas.
To curb capital flight from mostly foreign-owned telecommunications companies, the proposed licencing framework seeks to compel these companies to list on the local stock exchange. The submission proposes accessible ways through which shares can be traded for example through the mobile money platform. It further re-emphasizes the need for smaller and community run operators since multiple economic benefits from ownership to employment boost and contribute to the local economy.
On the issue of digital exclusivity, the submission stresses that it is unlikely that the gender digital divide in Uganda will be closed if policies and regulations do not actively enable the participation of more women in the telecommunication industry. It, therefore, recommends the adoption of gender-sensitive approaches to closing the gender access gap.
Meanwhile, CIPESA has previously submitted comments to UCC on improving access to ICT for Persons With Disabilities (PWDs). 
Find the full submission here.

CIPESA Submits Comments to Uganda Communications Commission on Improving Access to ICT for Persons With Disabilities

By Daniel Mwesigwa |

Last year, Uganda’s communications regulator commissioned a study to establish the status of access and usage of Information and Communications Technology (ICT) by Persons With Disabilities (PWDs). In response to a call for comments, CIPESA made submissions to the commission, which could help various government agencies to devise strategies that meaningfully improve usage of digital technologies by PWDs.

According to Uganda’s statistics bureau, persons with disabilities comprise 16% of the country’s population of 37.5 million. However, they face various limitations in accessing and using ICT tools and services. The draft report of the study commissioned by the Uganda Communications Commission (UCC) shows that national ownership of a radio and a mobile phone among PWDs was high at 70% and 69% respectively. Ownership of fixed-line telephones, desktop computers and laptops was very low at 0.5%, 1% and 3.9% respectively. However, 15% of respondents’ households had access to the internet.

Below are highlights from CIPESA’s submission:

1. Disaggregate results by type of disability

While the report highlights respondents’ type of disability (61% had a physical disability, 31% were visually impaired, and 2% had a hearing impairment), it does not show how the nature of disability affects access and usage of ICT. Persons with disabilities are not a homogeneous group and the nature of disability influences how they may perceive, be able to access and to use ICT. It may not be possible therefore to address the distinct needs of different categories of PWDs if data is not disaggregated by type of disability – as indeed it should be disaggregated based on gender, location, income, among other demographics.

2. Comparative analysis of data

The report provides ICT access and usage figures for PWDs (e.g. 69.4% mobile phone ownership; 3.9% had laptop computers and 1% desktop computers; 15% of households had access to the internet). However, these numbers need to be presented and analysed alongside overall national statistics on access and usage if they are to offer direction on the remedial actions needed.

3. Taxes deepening exclusion

Only 14% of respondents had access to a bank account compared to 86% that accessed financial services through other mechanisms such as mobile money, and village savings and loan associations. One third (33%) had access to mobile money, which is lower than the national average of 55%. Further, 41% of the respondents lacked access to any form of financial services, compared to the national average of 22% that is financially excluded.

Worryingly, majority of PWDs (66%) said their use of social media had reduced with the introduction last July of the Over The Top (OTT) tax, while 26% said they were no longer using social media. Only 8% had not changed their usage levels. According to the report, 52% of PWDs access social media on their phones, while 12% access it on their computers.

As CIPESA has previously found, OTT platforms and mobile money networks had considerably eased the lives of PWDs. For example, platforms like WhatsApp were used to disseminate critical information among individuals with hearing impairment before the added cost of using social media rendered them unaffordable to many, who already faced challenges in finding employment and often relied on financial support from others. For UCC and other relevant Uganda Government institutions, these findings should not be taken lightly and should inform policy in this area.

4. Awareness and usage of assistive technologies

Assistive technologies are products, devices, or equipment, used to maintain, increase, or improve the functional capabilities of individuals with disabilities. A very concerning finding in the Report is that 76% of PWDs were not aware of the low-cost Assistive Technologies like manual Perkins Brailler, hand-held magnifiers, hand frames/slates and communication boards. Only 14% of respondents were aware of the Perkins Brailler yet its usage was low at 4%. Just 13% of the respondents were aware of magnifiers yet only 2% used them. Issues of awareness of these technologies, their cost and availability, are apparent. The UCC should offer subsidies for assistive technologies through the universal service access fund, the Rural Communications Development Fund (RCDF).

5. Privacy and data protection

The right to privacy is a core entitlement for every individual under article 27 of the Uganda Constitution. The Persons With Disabilities Act, 2006, section 35 protects PWDs from arbitrary or unlawful interference with their privacy. However, the report does not assess PWDs awareness of their privacy rights or data security skills. Such an assessment is necessary to inform remedies including on capacity development.

6. Public and private sector compliance

Consistent with international conventions and instruments such as the UN Convention on the Rights of Persons with Disabilities (CRPD) and the Sustainable Development Goals (SDGs), as well as domestic laws such as the national constitution, Persons With Disabilities Act 2006, and the National IT and Disability Policy, the emphasis on inclusion and non-discrimination for PWDs cannot be overlooked if the country is to attain her development goals.

As the government works towards implementing the ICT and Disability Policy, the emphasis on Website Accessibility Guidelines (WAG) can be fast-tracked by auditing compliance with the 2014 ‘Guidelines for Development and Management of Government Websites’ which were developed by the National Information Technology Authority Uganda (NITA-U). Entities that do not comply with universal accessibility standards should be sanctioned.

Further, the Equal Opportunities Commission, working with other relevant entities, should require government ministries, departments and agencies (MDAs) and private enterprises which offer public services to prepare annual statements in which they report on how they have worked towards increasing accessibility and inclusiveness for PWDs.

The full submission can be read here.

Why Uganda’s Government Should Take a Different Path to Social Media and Mobile Money Taxation

Statement |
There has been widespread concern over newly introduced levies on social media access and mobile money transactions in Uganda, which are widely considered a threat to internet access and affordability, as well as to freedom of expression and access to information. The effects of the taxes that took effect on July 1, 2018, were the focus of discussions at a recent stakeholder dialogue  organised by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) and the Internet Society Uganda Chapter.
At the dialogue, entrepreneurs, journalists, lawyers, activists, technologists, and academics shared their perspectives and experiences, resulting in a set of recommendations to the government on alternatives to the current modes of taxation.
The government says the taxes are needed so as  to expand the country’s tax base. In the 2018/2019 national budget speech, the finance ministry estimates that up to UGX 486 billion (USD 131 million) could be collected annually by 2022 from taxes on social media Over-The-Top (OTT) services.
However,   presenting early results on an ongoing study on the impact of the taxes, Dr. Christopher Stork of Research ICT Solutions stated that the country’s rural-based users of social media and mobile money will be hardest hit by the taxes, increasing the percentage of the unconnected and resulting in decreased revenue for telecom/ internet operators. He said this would ultimately lead to reduced growth in the gross domestic product (GDP) and hamper job creation.

Image above: Comparison of taxes against average income across regions in Uganda | Source:  Research ICT Solutions

Image above: Prepaid products user tax burdens | Source:  Research ICT Solutions
This study’s preliminary results affirm earlier contentions, such as by the After Access researchers, that those who marginally afforded internet services before the taxes were introduced are likely to now find internet use totally unaffordable, thereby increasing the percentage of the unconnected.
Meanwhile, Dr. Abdul Busuulwa, Executive Director at Community Based Rehabilitation (CBR) Africa Network, said whereas social media and mobile money platforms had eased the lives of persons with disabilities (PWDs),However, the increased cost of accessing these platforms due to the new taxes had reversed these  gains. He said platforms like WhatsApp were helping in disseminating critical information among people with hearing difficulties before the added cost of using social media rendered them unaffordable to members of these groups, who he said already faced challenges in finding employment and often relied on financial support from others.
The impact of the taxes on the use of online platforms for civic engagement on local governance was described by Samuel Mumbere, ICT Officer at the Kasese District Local Government in Western Uganda. According to Mumbere, whereas introduction of the taxes had prompted a rise in the use of Virtual Private Networks (VPNs) by community members who needed to maintain avenues of social accountability and access to information in the district, many were concerned about the additional costs related to data usage by some VPN products.
On the access to justice front, the online legal knowledge and support platform, Barefoot Law, was cited as a social media-based service that had enabled citizens to access legal support and services which the poor are often excluded from due to financial constraints. Such platforms are also threatened with reduced use by citizens due to the taxes.
Those in e-commerce cited barriers to accessing their clients, and reduced competitiveness of their products and services, due to the taxes. The Managing Director of Jumia Uganda noted that the company’s work with some 3,000 different sellers, 1,000 hotels, and over 200 restaurants had experienced strained operations as their operations relied greatly on social media.
Although the mobile money transactions tax is under review, with a new bill tabled before parliament proposing to reduce the tax from 1% to 0.5%, this does little to address the impact the tax will still have on financial inclusion. Feminist and writer, Edna Ninsiima, highlighted the role that mobile money has played in empowering unbanked women. She said the new transaction fees are affecting the financial independence of women – including building a savings culture – where it had been growing steadily.
Meanwhile, Kojo Boakye, Public Policy Manager, Access and Connectivity, Facebook, cited the counter impact of the taxation on digital dividends including efforts to extend connectivity and broadband penetration. He questioned the likelihood of the tax raising the projected revenue, adding that  the tax could also have an impact on the investment decisions of investors in infrastructure. In 2017, Facebook, in partnership with Airtel Uganda and Bandwidth and Cloud Services (BCS) Uganda announced  a USD 100 million project to lay nearly 800 km of fibre optic cable in north-western Uganda. Like Facebook, Google has also worked to extend connectivity in Uganda with infrastructure investments including a wifi project in the capital, Kampala.
Overall, participants at the dialogue pointed out that the taxes are not only discriminatory in nature but also disenfranchise already marginalised and vulnerable communities including PWDs, women, youth and rural communities. They called on the government to reassess its position on the taxes without inhibiting growth in ICT usage and innovation. The dialogue was also introspective with many noting that more proactive and collaborative efforts should be pursued by non-state actors, especially research and participating in consultative policy processes, to enhance informed decision-making by the government.