Promoting Effective and Inclusive ICT Policy in Africa

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  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  Uganda
27Feb

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

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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.

31Jan

Social Media Tax Cuts Ugandan Internet Users by Five Million, Penetration Down From 47% to 35%

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By Juliet Nanfuka |

The tax which the Uganda government introduced on use of social media last July has slashed the number of internet users in the country by five million in three months, according to figures from the industry regulator, the Uganda Communications Commission (UCC). The numbers also show that revenue from the tax is far from the windfall which government had predicted the tax would add to the national treasury.

The figures released by the commission show that only half of the country’s internet subscribers were paying the Over-The-Top (OTT) service tax in the third month after its introduction. Those paying the tax fell from eight million subscribers in July to 6.8 million in September. In June 2018, a month before the introduction of the tax, the internet penetration rate in Uganda stood at 47.4% (18.5 million internet users) but three months later, it had fallen to 35% (13.5million users).

Monthly revenue from the tax was equally on a downward trend, falling from Uganda Shillings (UGX) 5.6 billion (USD 1.5 Million) in July 2018, to UGX 4.09 billion (USD 1.1 Million) in August 2018 and further to UGX 3.96 billion (USD 1.08 Million) in September 2018.

The figures from the UCC  suggest that many internet users may have stopped accessing the internet altogether since July. But they also reflect the growing number of Ugandans who are using virtual private networks (VPNs) as a means to continue accessing social media while avoiding to pay the daily  OTT tax of UGX 200 ( USD 0.05).

The figures from the regulator appear to confirm the fears expressed by many upon the introduction of the tax, that it would harm the sector by undermining internet access and affordability, while also threatening access to information and freedom of expression.

Upon the introduction of the social media taxes last July, the government had anticipated revenue collections of up to UGX 400 billion (USD 108 million) per annum, while projections from the June 14 national budget speech for the fiscal year 2018/19 had projected that up to UGX 486 billion (USD 131 million) could be collected annually by 2022. 

Earlier this month, Uganda’s ICT minister Frank Tumwebaze hinted that his ministry may have been misled by the finance ministry  into supporting the tax on the assumption that it would widen the country’s revenue base. Accordingly, parliament’s committee on Information and Communication Technology (ICT) ordered the ICT ministry to conduct an assessment on the impact of the social media tax and share their views with the finance ministry.   

Earlier studies forecast the negative impact of the tax. The Alliance for Affordable Internet (A4AI) said the tax would likely push basic connectivity further out of reach for millions, as it would disproportionately and negatively impact low-income Ugandans and their ability to affordably access the internet. It explained that, where the richest Ugandan would experience an increase of 1% in their cost to connect, this cost to connect for Uganda’s poorest would jump by 10%, resulting in just 1GB of data costing them nearly 40% of their average monthly income. According to the World Bank, the average national income stands at USD 630 per annum. 

According to the  2017/18 Uganda National Information Technology Survey, social media platforms are some of the popular avenues for citizens to engage with each other, and to  pursue businesses and education opportunities. At least 76% of the survey respondents cited the price of internet subscription as a key limitation to their internet use. This was followed by concerns over slow internet speeds and the lack of connectivity in some areas.

Image: Internet use limitations in Uganda | Source: 2017/18 Uganda National IT Survey

A study by Research ICT Solutions warned that the OTT tax could lead to lower tax revenues including costing up to UGX 2.8 trillion (USD 760 million) in forgone GDP growth and UGX 400 billion (USD 109 million) in taxes per year. The study argued that removing all excise duties across the ICT sector would lead to more tax revenues by facilitating economic growth and growing tax revenues across all sectors. It added that the more Ugandans that have broadband access, the easier it will be to serve them with e-governance, e-health, e-education and financial services while also growing tax revenues faster.

At an August 2018 multistakeholder meeting hosted by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and the Internet Society Uganda Chapter, stakeholders called for the government to reassess its position on the taxation to ensure a more inclusive financial economy and digital society that does not discriminate or disenfranchise already marginalised and vulnerable communities, including persons with disabilities (PWDs), women, youth and rural communities. Participants at the meeting stressed that the government should instead look at available alternatives for raising government revenue without necessarily taxing citizens and suffocating Uganda’s nascent digital economy.

A study released by Pollicy indicated that many social media users have found the OTT tax frustrating  despite 56% of respondents indicating that they pay the tax compared to the 38% who opt to utilise VPN and the 3% who  access social media platforms through free Wi-Fi. 

23Nov

How Nigeria and Uganda are Faring on the Right to Information

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By Tomiwa Ilori |
Transparency and accountability in governance are key tenets of participatory democracy. To this end, Sweden was the first country in the world to introduce a right to information (RTI) law back in 1766. Finland followed in 1919, and to-date, over 100 countries across the world have enacted laws that give citizens the right to access information in the hands of government.
In Africa, 21 countries have passed Freedom of Information (FOI) laws, while 16 have proposed laws. Most countries have constitutional provisions for the right to information, pursuant to obligations under various international and regional instruments. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights and the Declaration of Principles on Freedom of Expression. A model law on access to information for Africa was prepared by the African Commission to serve as a template and encourage more countries to adopt legislation embodying international, regional, and sub-regional standards.
Meanwhile, there have been regional efforts to ensure citizens’ realisation of the right of access to information. Civil society organisations together with the African Union and African Commission on Human and Peoples’ Rights adopted the African Platform on Access to Information Declaration in 2011. There was also the Midrand Declaration on Press Freedom in Africa in 2013 which recommended that African countries take up open governance culture through access to information laws. However, the reality for most countries is that information requests are routinely refused or ignored, with citizens sometimes turning to the courts in order to access information in the hands of government.
Nigeria passed its freedom of information law in 2011. Under the Act, public institutions and “private companies utilising public funds, providing public services or performing public functions” are mandated to make public records and information freely available, guarantee citizens’ right to be duly informed of facts relevant to them and maintain records of all activities, operations and businesses. Without specifying whether its calendar or working days, the law provides for a response time to information requests of seven days. This may be extended if the request involves a large number of records or consultations have to be made. Proactive disclosure is also provided for under the law. Information exempt from disclosure includes that related to international relations, defence, law enforcement and investigations. Wrongful denial of information is an offence under the Act, punishable with a fine of Nigerian Naira 500, 000 (US$1,400).
The Attorney General of Nigeria is mandated to collate information on implementation of the Act based on information from the various government entities. According to statistics from the official FOI website, the number of requests made by citizens is on the decline. In 2013, 1,183 requests were recorded, of which 48 were denied. The following year, requests dropped by three quarters to 314, 35 of which were denied. Requests further dropped in 2015 to 217, of which 36 were unsuccessful. Figures for subsequent years are unavailable but denial of access to information remains prevalent.
In a May 2018 case, a human rights lawyer was denied information on fuel imports by the Nigerian National Petroleum Corporation (NNPC). The corporation argued that it was established “by law to manage the commercial interests of Nigeria in the oil and gas sector of the economy and conduct trade therein”, and was therefore not a public institution within the meaning of the Freedom of Information Act.
The following month, a Nigerian court denied an access to information request for details of the President Muhammadu Buhari’s medical bills. The request was filed to the Central Bank of Nigeria by the Advocacy for Societal Rights Advancement and Development Initiative (ASRADI).
Some cases of denial have compelled requesters to seek orders for disclosure. For example, the Nigerian Contract Monitoring Coalition initiated a court case and succeeded in compelling the Power Holding Company of Nigeria, the Electricity Distribution Company Plc and the Nigerian National Petroleum Corporation to release information, which had initially been denied.
Courts have also set precedent in proactive disclosure by public institutions. In February 2014, a Federal High Court ordered the National Assembly to make its financial records accessible to members of the public through the provisions of the Freedom of Information Act of 2011. This galvanised the #OpenNASS advocacy campaign. More recently, the Court of Appeal in the Akure Division, Ondo State, ruled that the Act is applicable across federal states. This has put to rest the debate as to whether States in Nigeria need to comply with the provisions of the Act.
The situation in Nigeria mirrors that in Uganda whose access of information law was passed in 2005 but challenges still persist. The law has remained largely unimplemented because many public institutions have a culture of secrecy –they rarely release information pro-actively and routinely ignore citizens’ requests for information. Where government information or data is available, it is often not in reusable formats. Likewise, most citizens are not empowered to make information requests due to ignorance of the law, thus undermining participation in civic engagements and governance processes.
Furthermore, implementation of the access to information law in Uganda is hindered by limitations to the bodies or organs to which information requests can be made – the law excludes private entities and civil society. Like Nigeria, information exempt from access in Uganda includes that related to privacy of an individual, defense, security, international affairs, legal proceedings and law enforcement. The response time for a request is within 21 days of receipt. Wrongful denial of requests is punishable under the Act with a fine of Uganda Shillings 4,800,000 (US$1,300) or imprisonment for three years or both.
User statistics from Uganda’s Ask Your Government portal show that since its launch in June 2014 to-date, 2,647 requests have been made to 106 agencies. Out of these, 231 are indicated as successful and 40 unsuccessful. With over 2,300 requests awaiting responses beyond the 21 days limit, the majority can be regarded as refusals pursuant to section 18 of the Access to Information Act (ATIA), 2005. The section states: “where an information officer fails to give the decision on a request for access to the person concerned within the period contemplated under section 16, the information officer is, for the purposes of this Act, regarded as having refused the request”.
Some Ugandan citizens have also opted to seek redress from the courts for denied requests. In 2009, two Ugandan journalists sued the government over failure by the Solicitor General to grant access to information regarding oil production, prospecting and exploitation agreements. The case was dismissed on the basis that a clause in those agreements provided for confidentiality.
In a landmark case, on February 2015, a Chief Magistrate’s Court in Kampala ruled that the reasons for which information is requested or the belief about how it will be used “are irrelevant considerations” in determining government’s approval or denial of a request. The ruling came after the Hub for Investigative Media was denied access to information related to activities of the National Forestry Authority funded by the World Bank between 2009 and 2011.
Implementation of access to information laws in Nigeria and Uganda shows that there is a lot to be done with respect to giving life to the existing legislation. Some of the ways through which the policy and practice gaps can be overcome is through records digitisation in all public institutions. This will not only help to save time in operations, it will also help with efficient record-keeping, search, retrieval and disclosure. Equally, translating freedom of information laws into local languages will help raise awareness on the rights of citizens and the obligations of duty bearers which will go a long way in realising the objectives of the FOI laws. Implementation of the laws can also be fast-tracked through compliance reporting to parliament by state institutions.
Ultimately, the experiences of Nigeria and Uganda show that courts are proving to be a means of recourse, and if effectively utilised, have the potential to set national and even regional precedent to make it easier for citizens to exercise the right to information.
 

20Nov

Call for Evaluation Consultant: ICT4Democracy in East Africa Network

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The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) is seeking an evaluation consultant to establish the achievements, outcome and challenges registered by the ICT4Democracy in East Africa Network during the period June 2016 to December 2018. The evaluation will assess the appropriateness, effectiveness and outcomes of the network in relation to the program objectives
Closing date for applications: 17:00 hours East African Time (EAT) on Friday December 7, 2018
Further details on the scope, eligibility and how to apply are available here.

10Aug

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

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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.
 
 

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