Author Archives: Ashnah Kalemera

Launch Of The Internet Freedoms In East Africa 2014 Report

Today, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) launches The State of Internet  Freedoms in East Africa research report which is an Investigation into the policies and practices defining internet freedom in East Africa.

Thought leaders in the East African ICT industry  have gathered in Kampala, Uganda for the launch of this pivotal report.

The report  presents the findings of an exploratory study on the state of internet freedoms in Burundi, Ethiopia, Kenya, Rwanda, Tanzania and Uganda.  The research  reviewed  policy  developments  and  actions  related  to  internet freedoms over the period 2010 to April 2014.

As the day progresses, emerging themes will be explored by the attendees who will share their early thoughts on the findings as well as explore issues related to internet freedom in East Africa.

The report can be found here.

See the day’s programme here.

New Laws In Uganda Restrict Citizens’ Rights

By Juliet Nanfuka

Recently introduced laws and regulations in Uganda have caused a stir both within the country and internationally for restricting citizens’ rights to freedom of expression on the internet and offline.

The most contentious of these are the Anti-Pornography Act 2014, the Public Order Management Act 2013, the Anti-Homosexuality Act 2014, the 2014 Press and Journalist regulations and the Non Government Organisation (NGO) Amendment bill. They are criticised for creating unwarranted restrictions to liberties granted by the country’s 1995 constitution.

As a result, the space in which civil society, the media and citizens can enjoy constitutionally granted rights to freedom of expression, opinion, assembly, and information is steadily shrinking.

In an April 2014 brief, CIPESA takes a look at how the recently enacted laws and proposed amendments impact on citizens’ rights, including internet rights, as well as on the work of human rights defenders. Read the full brief here.

Exploring The State of Internet Freedom in Africa

What is the price of security? Should it be your online freedom? 

By Juliet Nanfuka

Where do human rights and online rights meet? Is there a clash between online freedom and human rights? Is there room for self-regulation? These are some of the questions that a recently concluded online discussions report on Internet freedom in Africa explores.

Participants from Uganda, Kenya and Nigeria used online platforms to discuss these issues over a four week period at the end of 2013.

A key theme that came out of the report is the recognition of the increased numbers of internet users across the continent and parallel to this, increased measures taken by governments on surveillance of citizens. This, in turn, has brought to the fore many questions about freedom of expression and privacy.

Many countries are faced with contradictory policies when it comes to freedom of expression especially when it is placed alongside national security and stability. As a result, freedom of expression is threatened by restrictive legal measures that infringe on the access and sharing of information. In addition to these are the legal permissions granted to governments with regards to accessing information about users. Requests from African governments, although few, appear to be politically motivated according to the Google Transparency Reports.

In light of this, a participant asked a key question that also raises concerns about censorship, “How much can you restrict if those with no restriction can interact with and pass on information to the restricted using alternative methods of communication?” This led to the recognition of the conflict that exists between online freedom of expression and the state. Such was seen in the 2011 politically motivated ‘Walk to Work’ protests in Uganda in which the national communications regulatory authority, the Uganda Communications Commission, instructed ISPs to block access to social networking sites like Twitter and Facebook for 24 hours. More on this can be found here Internet Freedom in Africa Under Threat.

The report, prepared by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) in partnership with Paradigm Initiative Nigeria (PIN) can be downloaded here.

Civil Society’s Proposals On The African Cybersecurity Convention

In December 2013, the Kenya ICT Action Network (KICTANet) led online discussions on the proposed African Union Convention on Cyber Security (AUCC). The convention establishes a framework for cyber security in Africa “through organisation of electronic transactions, protection of personal data, promotion of cyber security, e-governance and combating cybercrime.”

Civil society and academia have raised concerns about some of the articles in the convention, which had earlier been expected to be signed in January 2014. Latest reports indicate that, at the earliest, the law could be signed in June this year.

The report on the discussions will be used by KICTANet and partners such as CIPESA to create awareness and lobby African governments to pass legislation and instruments that fully support the privacy of individuals and the fully enjoyment of their freedom of expression online.

The stated background to the convention is that the African Union is seeking ways to intensify the fight against cybercrime across the continent“in light of the increase in cybercrime, and the lack of mastery of security risks by African countries.”

Furthermore, the AU states that a major challenge for African countries is the lack of adequate technological security to prevent and effectively control technological and informational risks. As such, it adds, “African States are in dire need of innovative criminal policy strategies that embody States, societal and technical responses to create a credible legal climate for cyber security”.

The intentions may be legitimate but, as noted by the online discussions, some of the articles in the current version of the convention could be used to negate individuals’ privacy and their right to express themselves through online mediums.

Take, for example, Article III – 34. It states that AU member states have to “take necessary legislative or regulatory measures to set up as a penal offense the fact of creating, downloading, disseminating or circulating in whatsoever form, written matters, messages, photographs, drawings or any other presentation of ideas or theories of racist or xenophobic nature using an a computer system.”

How does this clause balance with the fundamental right to freedom of expression? Experts argue that this clause is problematic as it requires a measure of truth, which is hard to actually legislate or determine owing to the relativity of truth. They add that this sort of law would likely be unenforceable.

The discussion noted that although African countries needed legal framework on cybercrime, the current proposals need numerous amendments. The discussions also noted a need for the African Union Commission to engage with civil society to draw up progressive and enforceable laws. However, civil society had the added task of creating awareness and capacity among citizens on cyber security and the need to uphold freedoms of expression online.

These discussions were conducted on multiple lists of KICTANet and the Internet Society (ISOC) Kenya and on the I-Network and ISOC Uganda ists moderated  by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA), from 25 – 29, November 2013. They were also shared through numerous pan-Africa and global lists on ICT policy and online freedom.

Download the full discussions report here.

Online Discussions on Promoting Internet Freedoms in Africa

The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and Paradigm Initiative Nigeria (PIN) to co-host discussion on online safety matters in Africa, during November and December 2013.

Background

Africa’s internet usage continues to grow steadily, with an estimated 16% of the population on the continent using the internet. The increased availability of affordable marine fiber optic bandwidth, a rise in private sector investments, the popularity of social media and innovative applications, and increased use of the mobile phone to access the internet, are all enabling more people in Africa to get online. In turn, there are numerous purposes to which users in Africa are putting the internet‐from mobile banking, to connecting with fellow citizens and with leaders, tracking corruption and poor service delivery, innovating for social good, and just about everything else.

The increasing usage of the internet, however, has in some countries attracted the attention of authorities, who are eager to provide caveats on the openness of the internet and the range of freedoms which citizens and citizens’ organisations enjoy online. The popularity of social media, the Wikileaks diplomatic cables saga and the Arab Spring uprisings have led many governments including those in Africa to recognise the power of online media. In a number of African countries, there are increasing legal and extra-legal curbs on internet rights, in what portends tougher times ahead for cyber security.

PIN and CIPESA to Lead on Internet Freedom Discussions

The Collaboration on International ICT Policy in East and Southern Africa (CIPESA) and the Paradigm Initiative Nigeria (PIN) will co-host an online internet freedom forum during November and December 2013. The purpose of this forum will be to discuss key online safety matters in Africa. The forum aims to attract discussions from key ICT experts both within Africa and outside Africa.

The outcomes of the discussions will feed into a report that will be presented at the first African Internet Freedom Forum to be held in 2014. Furthermore, it will inform the work of CIPESA, PIN and their partners that are working in the area of online freedoms.

Format of the discussions

Discussions will be hosted on selected online platforms in Uganda, Kenya, Nigeria and a mailing list comprising Africa Internet Governance experts. Identified platforms are:APC Africa IG Mailing List; KICTANet (Kenya) mailing list; Information Network (Uganda) mailing list; Naija IT Professionals mailing list; West African IGF mailing list; and FOI Coalition (Nigeria) mailing list.

The lists will be moderated by a representative from both CIPESA and PIN. Each week, a new topic with guiding questions will be introduced on the listserves and a summary provided at the end of each week. A draft report will be made available at the end of the fourth week.  This too shall be posted back on the mailing lists to capture feedback from participants as well as seek clarification on any issues that might not have been captured well. A final report shall then be made that will feed into the face to face meeting as well as be shared on the targeted platforms and onpartners’ websites. 

Discussion Outline

Week 1: November 11-15             Status of Internet Freedom in African Countries: Focus shall be on seeking participants’ views on issues of Freedom of Expression both online and offline; Internet Intermediary Liability; censorship and surveillance incidents; regulations, laws and policies governing freedom of expression online and perspectives on the African Convention on CyberSecurity.

Questions to explore:

  1. What are the major issues surrounding online freedom of expression in Africa?
  2. What convergences and tensions exist between freedom of expression and privacy?
  3. What are the implications of approaching the balance between freedom of expression and privacy from a freedom of expression–centric point of view?
  4. What actions can governments, civil society, media and the private sector take to balance privacy with freedom of expression online?
  5. What is the best way to empower users to stay safe online while protecting their freedom of expression?

Week 2: November 18-22 Global Surveillance Revelations and Impact on Africa: Focus will be given to global surveillance incidents like the NSA/Edward Snowden drawing lessons for Africa stakeholders i.e. governments, activists, CSOs and private sector; how to balance privacy while maintainingsecurity for citizens.

Questions to explore

  1. What can African governments learn from the NSA surveillance and Snowden revelations?
  2. What are the current technology trends and which cybersecuritythreats raise the greatest concern?
  3. How are evolving Internet services and technologies, such as mobile and cloud computing services, affecting these security threats?
  4. Is there any country data, across the continent, on how surveillance has really helped to curb – or prevent – acts of terrorism?
  5. Are African countries spying on each other? Are there countries that have shown a tendency to breach the rights of other sovereign nations on the continent?

Week 3: November 25-29             Best Practices on Internet Policy in Africa: Discussants will be called to share best practices on internet policies in Africa.

Questions to explore:

  1. What policies are working in your country and what needs to be streamlined or strengthened?
  2. Are there African countries that offer a model, or close enough to Best Practice scenarios that can be highlighted for other countries to learn from, or emulate
  3. What are the signs to look out for in our various countries’ ICT policies, to be sure that the country plans to improve Internet Freedom?
  4. What worked well for countries that have shown steady progress in the annual Freedom House ratings?
  5. What can other countries learn from those that have, or are developing, crowdsourced (and citizen-led) Internet Freedom Charters?

Week 4: December 2-6        Recommendations for Africa:Participants shall be called upon to suggest ways to improve internet security, data and privacy protection in Africa.

Questions to explore

  1. What elements need to be put in place to ensure all Internet users (including citizens, companies, government, etc) continue to have confidence in the Internet?
  2. How can African civil society organisations engage ICT policy processes to ensure that rights are not traded for security?
  3. Considering the ongoing discussions around the African Convention on Cybersecurity, what recommendations should be made to improve the text?
  4. How do activists and rights’ advocates protect themselves in scenarios where government clampdown could affect their work?
  5. Should African academia incorporate this new reality into classroom discussions? If they should, is there a model to learn from?

Join the conversation

For more information about the online discussions forum, please write to CIPESA viaprogrammes@cipesa.org or Paradigm Initiative for Nigeria via info@pinigeria.org

Download the full information here.