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  HomeCollaboration on International ICT Policy for East and Southern Africa (CIPESA)  /  UPR
11Oct

Championing Internet Freedom and Universal Periodic Review (UPR) at #FIFAfrica2019

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By Sandra Acheng |
Due to the rise of internet usage, there is an increasing rate of abuse, threats, and attacks on the internet users’ which women usually fall prey to. The internet can lead to disruption and disinformation and this determines the intensifying need for defending digital human rights violations with a focus on freedom of expression, press freedom and digital rights. Human rights online is a topic that is often forgotten during discussions of human rights violations because the concept is still quite new without acknowledging the reality that human rights offline can translate online.  Many people usually face numerous human rights violations online but they are not even aware that their rights are being violated or where and who to report to in case this happens.
The growing rate of human rights violations online is a result of more people getting online and this greatly affects internet freedom.  Uganda experienced internet shutdowns by the government during elections in 2016 and this affected freedom of expression and online digital rights of users. Also, the introduction of Over the top (OTT) by the Ugandan Government last year in June 2018 has limited users from accessing and using the internet. The increased use of ICT has led to women facing abuse and violence more than ever for instance the growing rate of  Non Consensual distribution of images commonly done by intimate partner (NCII) commonly referred to as “Revenge Porn” is usually associated to morality and decency of women which violates their privacy, women’s rights as well as criminalizing and undermining women who exercise their right to sexual expression.
This year, Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in partnership with Small Media convened a two days’ pre-event workshop on the 23rd and 24th September 2019 @FIFAfrica2019 at Ethiopian Sky Light Hotel for human rights defenders on UPR. It was an intense, interactive and fun training that gathered over 30 male and female participants from different African countries that are doing incredible work to champion freedom of expression, press freedom, and human rights online also known as digital rights to influence government and non-government actors in their country or others in defense of human rights. The two days’ workshop tackled;

  • Introduction to the Universal Periodic Review Advocacy Assembly
  • Making an Impact with the Universal Periodic Review

The understanding of UPR
The human rights system that previously existed was criticized for being selective (not all states, not all rights), non-collaborative, paralyzed by political games, therefore, the UPR came as a response to the Human Rights system because UPR is non-selective, collaborative and have no double standard. UPR is Universal Periodic Review and the first United Nations Human rights mechanism on Human rights online to create a more just world for everyone since it requires every UN member country to review, therefore, it gives entry to CSOs.
The UPR CYCLE
The universal periodic review happens every 4 to 5 years for 6 months. However, Countries have limited time to make recommendations.
How can internet freedom be championed in UPR?
Human rights review mechanism such as United Nations Universal Periodic Review provides a good opportunity to review human rights violations online among African countries and can be a good way of arguing that digital human rights are universal and hold African governments accountable on how they treat their citizens on this. Here are incredible ways internet freedom can be championed in UPR;

  • Building capacity of more human rights defenders and activists in African civil society organizations
  • Encourage collaborations at the national level; by bringing in new people during the periodic reviews of states doing the same work to get more people aware. Collaborations by group increase credibility because local NGOs collaborate with international bodies and togetherness is better.
  • Increase participation by involving different actors in CSO activism and human rights in different Africa civil society countries to lobby governments to submit recommendations.
  • Make UPR an expert mechanism because UPR is a political mechanism and it focuses on states which consider only national priorities.
  • Increase the time taken by each state to raise issues and make recommendations at Geneva because usually 50-100 states take the floor for 3-5 hours and make 4-5 recommendations which are limited time for each state to put the recommendations
  • Gather more activists and human rights defenders to convince African states to raise the issues of policy and laws during the UPR and take up recommendations made.
  • Showcase more research to make the UPR recommendations valuable.
  • Form a coalition in different African countries or states so that the group get accurate and real time information and participate in UPR which will give a sense of responsibility and commitment by different states to make submissions in time.

However, there are relevant tips or rules for advocacy of issues for considerations during the preparation of recommendations of a state under review;

  • The recommendation must be specific enough by mentioning specific laws and should be easy to follow up on the recommendations
  • It is good if the recommendations focus on only one issue.
  • It is better if the recommendations are action oriented.
  • Use Human rights language. Avoid languages that make the recommendations impossible.
  • Make the recommendations stronger by backing it up with references in your country for instance treaties or laws in your country.
  • Back up your recommendations from the African commission or other international bodies.
  • It is useful to put yourself in the shoe of the person you are trying to interest on your issues for instance on time.
  • Know your country very well in terms of internet freedom.
  • Prepare a statement of UPR for 2 weeks in about 10 countries.
  • It is good to make the presentation of recommendation a dialogue
  • It is always good to contact the person you are convincing before because they may not support your issues.
  • Note that not all diplomats are familiar with human rights online.
  • Pitch your idea.

There is need to build capacity, encourage collaborations and increase participation in Universal Periodic Review (UPR) process.

11Apr

Senegal Fails to Prioritise Human Rights Online

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By Ashnah Kalemera |
Senegal’s diverse media landscape helps it to attain relatively high scores in international press freedom rankings. It is ranked 50 out of 180 countries in the 2018 World Press Freedom Index, up from 79 in 2015. The country’s Constitution guarantees the right to freedom of expression thus: “Everyone shall have the right to freely express and disseminate his opinions by word, written word or image or peaceful march, provided that the exercise of these rights shall not undermine the honour of and respect due to other persons, nor threaten public order.”
However, freedom of expression online is restricted under various legislation including the Penal Code, 1965, Law No. 14/2017 on the Press Code and Law No. 2011-01 which governs the telecommunications sector. In 2018, the Senegalese government moved to tighten its grip on online communication after parliament passed a law regulating the internet, a move justified as necessary to stem the spread of misinformation. These laws have facilitated the arrest and prosecution of critical journalists and artists, including for content published online.
Meanwhile, although the country has had a privacy and data protection law for over a decade, the enforcement authority – the Commission of Personal Data (CDP) – has not been able to sufficiently fulfill its mandate due to resource limitations. Nonetheless, several private and public actors continue to collect personal data in Senegal without any regulatory enforcement by the CDP. This is the case for mandatory SIM card registration implemented by the Regulatory Authority for Telecommunications and Posts (ARTP) through mobile telecom operators and linked to the national identity database.
Article 5 of the Press Code provides that journalists and the media have “free access” to information but there are exemptions such as where the information is a “defense secret” or relates to “secret investigations” or regulations applicable to access to some sites or structures. However, Senegal remains without an access to information law to facilitate citizens’ requests for information and proactive disclosures, and there are widespread calls for a law to be passed in order to promote transparency and accountability.
Meanwhile, low affordability and poor quality of service further hinder adoption of technology in an otherwise thriving sector. Mobile telephony, for example, now offers solutions for virtual financial services ranging from banking services to payment services. Further, leading money transfer application WARI, which was founded in Senegal and remains hugely popular, has been adopted in many countries in West Africa. In the agriculture sector, MLouma, which connects sellers and buyers of agricultural products, has grown from 1,000 to 75,000 users since developing a version which allows users without smartphones or the internet to access the service, as well as integrating a payment service.
As a United Nations (UN) member state, Senegal underwent her third cycle human rights assessment under the Universal Periodic Review (UPR) mechanism during the 31st session of the Human Rights Council in November 2018. Digital rights did not feature explicitly in the 257 recommendations made regarding human rights protection at legal and institutional level. However, up to seven recommendations made by France, Chile, Sweden, Peru and Greece related to media rights and free speech. These recommendations echoed those in previous reviews  that remained largely unimplemented.
As part of Internet Freedom and UPR advocacy efforts at the Human Rights Council, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Small Media, Jonction Senegal and the Senegal ICT Users Association (ASUTIC) made the following recommendations to UN members to consider putting forward to the Senegal delegation:

Key Issue/s Recommendations
Freedom of Expression
  • Amend Article 28 of the draft Electronic Communications Code to ensure judicial oversight over the regulator’s powers to impose any traffic management measures.
  • Reform press legislation, eliminating tough penalties for press offenses.
  • Uphold citizens’ rights to freedom of expression by discontinuing the practice of arrest and intimidation of critical journalists and artists.
Freedom of information and censorship of content
  • Provisions of the press code infringing freedom of information, notably Article 5, should be amended to provide clear definitions of information exempt from access by journalists. Meanwhile, Article 192 should be repealed.
  • Draft an access to information law in compliance with international human rights standards. The law should be drafted through participatory/consultative processes.
  • Reform the entire legal framework that restricts journalists’ freedom to inform or which promotes censorship, in particular articles 254 (Offense to the Head of State), 255 (False News),  and 258 (Defamation) of the Penal Code.
Equality and barriers to access
  • Take concrete and effective measures to lower barriers to access including extending rural infrastructure and promote a competitive industry to ensure easy and affordable internet access for underserved communities.
  • Enforce licensing obligations on telecommunications operators in order to improve the quality of service offered.
Right to data protection and privacy on the Internet
  • Take concrete measures for the effective implementation of Law No. 2008-12 of 25 January 2008 to ensure the protection of personal data.
  • Allocate sufficient resources (financial, logistical, and personnel) to the Personal Data Commission (CDP) to support fulfilment of its mandate
Freedom of creation and innovation
  • Prioritise funding and subsidies for digital literacy and innovation programmes

See the full advocacy brief here. French version is also available here.  
On March 14, 2019, Senegal accepted 229 out of the 257 recommendations it received in the  UPR assessment. A full list of the accepted and rejected recommendations is not yet available so it remains unclear whether recommendations accepted prioritise reforms to fully guarantee citizens’ rights – online and offline – to freedom of expression, access to information, and to privacy.
 

11Apr

Ethiopia’s Digital Rights Record on the Spot at May 2019 Universal Peer Review

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By Ashnah Kalemera |
Despite the promises and efforts made by Ethiopia’s new Prime Minister, Abiy Ahmed Ali, to transform the country after years of political repression and state control of major forms of media, the country is yet to experience substantive change in the state of digital rights.
Restrictions to freedom of expression, privacy, and access to information remain in force including through legislation such as the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the Telecom Fraud Offences law (2012). While the establishment of the Advisory Law Reforms Committee, with a mandate to review existing laws to bring them in line with human rights standards, is a welcome development, pledges to reform problematic legislation are yet to be delivered.
Meanwhile, since November 2015, the Ethiopian government has consistently blocked and initiated national or regional shutdowns during public protest and exams, on grounds of national security. Whereas access to affected regions was restored during reforms in early 2018, there were reports of a shutdown in the eastern part of country in August 2018.   
At its upcoming Universal Periodic Review (UPR) by the Human Rights Council scheduled for May 14, 2019, Ethiopia should be tasked to implement reforms that fundamentally promote and protect citizens’ rights both online and offline.

What is the UPR? It’s a full assessment of a country’s human rights. Every United Nations (UN) member state has its human rights record assessed, and all UN member states are involved in the review process. It happens every four-and-a-half years, for every state.

Such reforms should include the amendment of the 2008 Mass Media and Freedom of Information law, the 2009 Anti-Terrorism law, the Computer Crime law of 2016 and the 2012 Telecom Fraud Offences law to bring them in line with international human rights instruments on freedom of expression. Further, changes should be implemented to curb state surveillance of citizens, including by introducing independent judicial oversight over interception of communications.
In this UPR advocacy brief, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and Small Media analyse the state of freedom of expression, freedom of information, the right to equal access and opportunity, as well as data protection and privacy developments in Ethiopia since the previous UPR review in April 2014. We make recommendations for consideration by UN member states at the upcoming review of Ethiopia.
See the full brief. 

03Jul

Apply For UPRoar: Advocating for Internet Freedom with the Universal Periodic Review (UPR)

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Apply Now |
Are you interested in Internet Freedom? Are you worried about the social and economic impact of internet shutdowns? The increase of media censorship? Is your government using outdated media laws to regulate online spaces? Are they inventing new policies to clamp down on internet users? Do you want to do something about it?! Then read on!
In the lead up to the 2018 Forum on Internet Freedom in Africa (FIFAfrica), Small Media and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) are hosting a 2-day interactive capacity building workshop on Internet Freedom and the Universal Periodic Review (UPR). The workshop is part of a wider project working to support civil society organisations across Africa to engage with the UPR process through research, capacity development and developing tools to support internet freedom advocacy.
If your application is accepted, you’ll join us in Accra, Ghana, where you and your co-participants will work together on interactive projects with the guidance of our trainers and mentors. You’ll be introduced to the UPR process, learn how to leverage different moments during the UPR timeline for advocacy, practice gathering and analysing data and creating infographic material to campaign around key issues relating to internet freedom, and create a practical advocacy plan that you can implement to follow up on recommendations made in the periodic reviews.
The shining stars who attend this workshop will also have the opportunity to apply to attend a DATA4CHAN.GE (D4C) workshop in 2019 where they will develop data driven advocacy campaigns that support independent research or organisation UPR objectives.
Eligibility
This call is open to individuals who are interested in and preferably have experience in human rights advocacy and are active in the following countries: Angola, Ethiopia, Gambia, Kenya, Liberia, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, Tanzania, Uganda and Zimbabwe. Applicants must have knowledge of Africa’s ICT sector and its role in development and governance. Participants must ensure availability for the duration of the workshop as well as FIFAfrica – 4 days excluding travel.
Interested?
Complete the application form here.
The deadline for applications is 18.00 East African Time on July 31, 2018.
For questions, please email [email protected].

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