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Mozambique should account for missing journalist Ibraimo Mbaruco

Frederick
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Mozambique should account for missing journalist Ibraimo Mbaruco
Statement on International Day to Ending Crimes of Impunity against Journalists.

As the world commemorates the International Day to Ending Crimes of Impunity against Journalists, MISA urges the authorities in Mozambique to account for the whereabouts of journalist Ibraimo Mbaruco.

Mbaruco has been missing since April 2020.

This is very worrying because of the chilling similarities of his unknown fate with that of Tanzanian journalist, Azory Gwanda, who disappeared in mysterious circumstances in November 2017.

The Tanzanian government only reported him as dead in 2019.

Gwanda was investigating a spate of high profile killings in the Rufiji area when he went missing.

It is, therefore, inexplicable, given the state machinery at the disposal of the Mozambican government, that a human being, let alone a journalist, can just vanish from the face of the earth, leaving his traumatised family in the dark as to what could have happened.

The seemingly lackadaisical, if not offhand manner, with which the Mozambican government is handling this serious matter, is disconcerting and raises unnecessary speculation and conspiracies on who was involved in Mbaruco’s disappearance.

Throughout the world, it is the State’s responsibility to ensure the safety and security of its citizens, including journalists.

Mbaruco’s last known message was that he was surrounded by soldiers.

His fate is not a matter that should easily be swept beneath the carpet but deserves the serious attention of the Mozambican government for the knowledge and peace of his family and colleagues.

Allowing the perpetrators to go unpunished will spawn and perpetuate a culture of impunity that poses great risk to the work of journalists whose profession is at the core of accountable governance, respect for fundamental human rights and socio-economic development.

Our concerns come at a time when the southern African region is experiencing unprecedented upsurges in media freedom violations in member countries previously envied as paragons of media freedom.

For instance, a South African Broadcasting Corporation (SABC) crew was allegedly held against their will and threatened by African National Congress (ANC) supporters in Buffelshoek, Bushuckridge in Mpumalanga on October 21, 2021.

The news crew had to be rescued by the police.

According to the SABC news website, the ANC supporters, numbering about 20, threatened to burn the broadcaster’s vehicle and take the crew’s equipment.

At least four community radio stations were vandalised, with equipment worth tens of thousands of United States dollars destroyed during protests in South Africa following the incarceration of that country’s former president Jacob Zuma.

The radio stations that fell victim to the protesters are Alex FM, in Alexandra, north of Johannesburg, Mams Radio, In Mamelodi, northeast of Pretoria, West Side FM, in Kagiso, west of Johannesburg and Intokozo FM, in Durban.

In Malawi, a group of 10 Malawi police officers on January 22, 2021, allegedly assaulted an investigative journalist, Henry Mhango, while he was reporting on compliance with COVID-19 regulations.

Nine journalists were on September 30, 2021, arrested by members of the Zimbabwe Republic Police while at the Zimbabwe Electoral Commission (ZEC) offices in Harare.

The journalists, Leopold Munhende, Thomas Madhuku, Nyashadzashe Ndoro, Robert Tapfumaneyi, Marshal Bwanya, Gaddaffi Wells, Adrian Matutu, Tongai Mwenje, and Tinashe Muringai, had gone to ZEC offices to cover a demonstration by members of the opposition MDC Alliance.

The journalists were taken to Harare Central Police Station before being released without charge, following the intervention of lawyer Chris Mhike.

MISA urges other SADC governments to take a leaf from the action of the Zambian Information and Broadcasting Services permanent secretary, Amos Malupenga, in his quest to safeguard media freedom and the rights of journalists.

Malupenga marched to the police headquarters in Lusaka on March 12, 2021, demanding that law enforcement agents do more to protect journalists who were facing increased attacks and harassment.

As highlighted by UNESCO, impunity for crimes against journalists damages societies by covering serious human rights abuses, corruption and crime.

We, therefore, urge authorities to investigate crimes committed against journalists on duty and prosecute the perpetrators, as this will send clear messages that society does not tolerate attacks against the media.

As has been pointed out, impunity damages whole societies by covering up serious human rights abuses, corruption, and crime.

The media is at the core of citizens’ right to free expression and accountable governance.

Golden Maunganidze
MISA Regional Chairperson

Tanzania: Cartoonist arrested for insulting president

Vivian
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Tanzania: Cartoonist arrested for insulting president

Tanzanian authorities have arrested a cartoonist over a cartoon that insinuated that President Samia Suluhu Hassan was being handheld by Jakaya Kikwete, a former president of that country.

Optatus Fwema was arrested on 24 September 2021 and is still in detention, a worrying sign that media freedoms remain restricted under President Hassan as they were under her predecessor,  the late John Magufuli.

The cartoon, which was published on social media, shows President Hassan as a girl playing with a basin of water. Behind her, Kikwete, who is regarded as her mentor, is seen reassuring the population.

The cartoon illustrated Kikwete’s current influential role in Tanzanian politics, Reporters without Borders (RSF) reported.

As of October 11, Fwema, who is held at Oysterbay police station in Dar es Salaam, had not been charged for more than two weeks, although he is now expected to be brought before the courts.

Under Tanzanian laws, anyone who is arrested is supposed to be brought to court within 48 hours.

MISA Tanzania raised the alarm that Fwema had been detained for long without appearing in court saying the cartoonist’s rights had been infringed.

“By being held under police custody for more than 48 hours, his human rights have been violated,” MISA Tanzania said.

“The whole situation since the arrest at his home and detention by the police raises concern in the way it was handled. We are worried if he will get a free trial.”

MISA’s position

When President Hassan came into power, she promised that the media would be less restricted, but she has since been showing a propensity for being averse to criticism.

Political leaders should not resort to insult laws when criticised by the media and the public. Insult laws have no place in modern democracies and are a sign of authoritarianism.

Tanzania had the perfect opportunity to change its path, in terms of its media freedom environment, when President Hassan came into power.  However, this seems to have been a false dawn, as a number of media outlets have been shut under her watch.

MISA calls on the government of Tanzania to immediately drop the charges against the cartoonist and ensure his safety upon his release.

11 journalists killed in Africa in less than nine months, AFEX demands a tough response from governments to end the impunity

Frederick
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11 journalists killed in Africa in less than nine months, AFEX demands a tough response from governments to end the impunity

For the past 273 days spanning January-September 2021, eleven journalists have been killed across sub-Sahara Africa in an orgy of repression that has scores of other acts of violation against press freedom.

Aside from the killings of journalists, there have also been incidents of physical attacks, illegal arrests and detentions, including legal harassment and persecution of journalists.

These assaults were perpetrated by unknown individuals, terrorists and security forces across eight countries in Sub-Saharan Africa. Also, in countries confronted with insurgency, the safety of journalists has been highly at risk as a result of threats posed by terrorists and state security forces.

In the West Africa region, Nigeria and Burkina Faso have made the headlines regarding the killings of journalists; a local journalist and two foreign journalists respectively.

Accorded less publicity but equally disturbing was the killing, in the evening of August 23, 2021, in Ghana and in the line of duty, of British journalist, Syed Taalay Ahmed, 31, who was working for London-based Muslim Television Ahmadiyya International (MTA).

Ahmed was in Ghana working on a documentary when his car was ambushed by armed men who stole his money and mobile phones near the town of Tamale. The journalist was pronounced dead on arrival at the hospital.

In Ibadan, the capital city of Oyo State in the southwestern part of Nigeria, on June 19, unknown individuals gunned down Titus Eja Nla Badejo, a journalist working with Naija FM. The assailants ordered Titus who was leaving a nightclub with some friends in his car, to get down. After shooting him at close range, the assailants left without taking any property nor attacking any of the journalist’s friends. While this suggests a targeted attack, the killing of Titus adds to a tall list of incidents of attacks, and assassination of journalists in Nigeria. For instance, from 2017 to 2020, Media Foundation for West Africa (MFWA), documented seven incidents of killing of journalists in Nigeria.

The Nigerian authorities have so far not come up with any findings on investigations into any of these killings, with the culprits yet to be arrested or prosecuted according to the law.

On April 26, a terrorist group in Burkina Faso attacked and killed members of a convoy, including David Berian and Roberto Fraile, both Spanish journalists. The journalists were heading towards Pama national park near the border with Mali to shoot a documentary.

In the eastern region of Africa, Ethiopia, Kenya and Somalia also recorded killing of journalists.

The Tigray conflict has heightened the incidents of arrests and detention, including harassment of journalists reporting on the abuses of human rights related to conflicts in Ethiopia.

On May 9, Sisay Fida, a journalist working for the regional government of Oromia in Ethiopia, was reported shot by two unidentified gunmen. It is however not clear why the journalist was killed, and who is the mastermind of this crime. There were allegations that Fida was murdered by a hit-squad of the Oromia Liberation Army armed group. Others alleged that the journalist was killed by the authorities of the Federal government of Ethiopia.  However, according to CPJ, two suspects were identified by the police, but as of now, there has been no report of thorough investigations.

Five months preceding the killing of Fida, one other journalist had been killed. On January 19, 2021, Dawit Kebede Araya, a journalist working with the state-owned media, Tigray TV, was killed reportedly by government security forces. Araya was returning home in Mekelle, the capital town of Tigray state when he was gunned down. One of his friends was also killed, while two people in the car disappeared.

In Somalia, on March 1, 2021, Jamal Farah Adan, was reported killed by two unidentified gunmen. Farah Adan is a broadcast journalist in Galkayo, central Somalia. He used to report on political issues on social media platforms and contributed to programmes on local radio stations Radio Daljir, Radio Galkayo, and Radio Garowe. Before his killing, he stated on Facebook that he was receiving threats from the Al-Shabaab militant group. The killing of the journalist was subsequently claimed by the terrorist group.

Still in the Eastern Region of Africa, on April 7, 2021, Betty Mtekhele Barasa was killed by three assailants who raided her house and assaulted members of her family. Barasa was working with the Kenya Broadcasting Corporation (KBC), in Nairobi, the capital city of Kenya.  The murderers also took away the journalists’ laptops and mobile phones, an indication that her killing could be linked to her journalist’s work.

In the Central Africa region, three incidents of killing of journalists were documented by Journalist en Danger (JED), a member of the AFEX network based in the Democratic Republic of Congo (DRC) in the space of four months.

On August 7, Heritier Magayane, a journalist working with the state-owned Radio-Television Nationale Congolaise (RTNC) in the city of Rutshunu, in the region of North-Kivu, was murdered by unknown assailants. Before the 26-year-old journalist and father of two met his untimely death, he used to promote peace in the conflict-torn region of DRC, through the radio platform. The murderer took away Magayane’s phone. The authorities are yet to investigate this heinous crime against the journalist and bring the perpetrators to book.

Seven days later on August 14, another journalist of the same radio station of RTNC, Joël Musavuli Mumbere was murdered in his house, in Rutshuru. His wife was killed alongside. Musavuli and his wife were killed by unknown persons wielding machetes. According to UNESCO, the journalist had over the years been receiving threats for his media reportage on human rights issues and the Ebola virus.

Barely one week after the world celebrated Press Freedom Day, on May 9, Barthelemy Kubanabandu Changamuka, a journalist working with the Kitshanga Community Radio (CORAKI FM), was attacked in his house by two unidentified gunmen. The assailant shot him at point-blank range, eight times. It is not yet clear what could have led to the assassination of the journalist. After the outrageous crime, the assailants made away with the journalist’s mobile phone. Another indication suggesting that Changamuka was probably targeted for his work as a host of the radio programme titled ‘’Food Security’’ on CORAKI FM.

The killing of journalists in DRC is appalling, looking at the total impunity surrounding crimes against journalists in the country. The last three deaths of journalists in the country, add to 14 other assassinations, bringing it to 17 journalists killed over the last two years.

”The spate of violence, particularly the murder of journalists across the continent is sending a chilling signal that freedom of press and expression are at unprecedented high risk and in danger because of the total impunity that goes with these crimes. If these crimes are left without resolving them and bringing the culprits before the court, the work of public information is seriously in danger ”, said Edetaen Ojo, the chairperson of AFEX.

The African Freedom of Expression Exchange (AFEX) is appalled by the continuing silence of state authorities over crimes against journalists and demands governments to take swift actions to fight the worrying trend of crimes against journalists by investigating thoroughly these crimes and bring the culprits before the law.

The continuing impunity for these crimes is a threat to the public right to information, stifles public debate and undermines citizens’ ability to participate in governance, thus putting the very foundation of democratic governance at risk.

AFEX also urges media managers to put in place safety and security measures to ensure the protection of their staff at all times, particularly for those reporting in conflict zones and volatile security environments. We demand journalists to be mindful of their security at all times while reporting and mingling with the public.

AFEX calls on African Governments to ensure Effective implementation of ATI Laws

Frederick
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AFEX calls on African Governments to ensure Effective implementation of ATI Laws

On the occasion of the 2021 International Day for Universal Access to Information (IDUAI), the African Freedom of Expression Exchange (AFEX) commends countries on the continent that have passed Access to Information (ATI) Laws while urging those that have not to do so as a matter of urgency.

AFEX also encourages the countries that have adopted ATI laws to ensure that the laws do not become passive laws by effectively implementing them and empowering their citizenry with factual and credible public information.

The critical role access to information plays in everyday life was clearly typified during the initial stages and the peak of the COVID-19 outbreak. People needed information about the virus, how it spreads, how it can be contained/managed, how to protect themselves from contracting the virus, movement restrictions, and the other interventions their governments were putting in place to ensure their safety.

Typically, the media served as the platform for reaching the masses with information about the virus and interventions undertaken by governments. Paradoxically, when the media made requests for certain pieces of information, they were denied – both in countries that had passed ATI laws and those that had not. In fact, in some instances, journalists and media outlets were abused for requesting certain pieces of information about COVID-19 and generally, for playing their roles as watchdogs of society.

The AFEX Network, for, instance,  documented over 170 incidents of freedom of expression violations, including several cases of unlawful denial or restriction to access to information at the height of the Covid-19 pandemic when movement restrictions were imposed in 2020.

Unfortunately, some COVID-19 emergency response instruments that were passed to contain the virus imposed additional restrictions on journalists’ access to certain pieces of information. Access to COVID-19 expenditures in particular has proven difficult in many African countries.

In Uganda, for example, a journalist working with Uganda’s New Vision group, Tom Gwebayanga, was assaulted by security forces and charged with spreading harmful propaganda following a story he published on alleged misuse of COVID-19 funds.

Despite the lessons COVID-19 has taught about the crucial role access to information plays in day-to-day decision making, as of today (September 28, 2021), out of the 54 countries on the continent, only 24 have adopted ATI laws. Specifically, in Sub-Saharan Africa, 21 countries have enacted legal texts to give access to public information to their citizens. Ghana (2019) and The Gambia (2021) are the latest to join the countries that have adopted access to information laws.

Unfortunately, even with the 24 countries that have adopted ATI laws, little progress has been made for the effective implementation of the frameworks.

Denial of access to information or access to partial information instigate speculations that lead to rumour mongering and mis/disinformation. Therefore, as part of efforts to “building back better”– as the 2021 IDUAI theme says (after the ravaging effects of the COVID-19 pandemic), AFEX is calling on African governments to put in place structures and measures that will ensure the free flow of information without hindrance. ATI laws that are not effectively implemented only serve to tick boxes and disempower the citizenry.

AFEX is also calling on the remaining 30 countries that have not passed ATI laws to do so as a matter of urgency so their citizenry can assert their fundamental right to information.

JED demands official apology from police chief after a brutal attack on journalist during an opposition demonstration

Vivian
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JED demands official apology from police chief after a brutal attack on journalist during an opposition demonstration

Journalist en Danger (JED) strongly condemns the assault perpetrated by security forces on the correspondent of the Radio France Internationale in Kinshasa, capital of DR Congo. JED demands an explanation from the Provincial Commissioner of the Congolese National Police in Kinshasa on this intolerable act.

Patient Ligodi, journalist-correspondent of Radio France Internationale in Kinshasa and director of the online media, actualité.cd, was brutalized and violently assaulted, on September 15, 2021, by elements of the police. The journalist’s clothes were torn by the security forces as a result of the brutalities, and he was embarked by force in a police vehicle.

Ligodi was covering a banned demonstration of the opposition that was banned by the governor of Kinshasa. The demonstration was organized in Kinshasa and in the provinces by leaders of an opposition platform LAMUKA to oppose a probable power shift of Felix Tshisekedi and the politicization of the CENI (Independent National Electoral Commission).

Journalist in Danger (JED) strongly denounces the police brutalities and urges the government and police authorities to sanction the perpetrators of this act of violence against the journalist.

For JED, nothing justifies the use of violence against this RFI correspondent who did not commit any offense in covering this demonstration and the actions of the security forces had nothing to do with the journalist’s work.

South Sudan: AMDISS Concerned About Closure of Radio Jonglei

Vivian
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South Sudan: AMDISS Concerned About Closure of Radio Jonglei

Juba- September 6th 2021: The Association for Media Development In South Sudan (AMDISS) is concerned about the continued closure of Radio Jonglei, one of the community radios based in Bor, Jonglei State- South Sudan.

On August 27th, 2021, the state National Security personnel closed down Radio Jonglei and arrested three of its staff, including the Station Manager. Although the three staff were later released on the same day, there was no clear reason for the incident.

AMDISS is concerned about the continued closure of the radio because many South Sudanese and other non-national residents in Jonglei benefit from the radio in terms of accessing basic information. By shutting down the radio, means denying people of their basic human rights, including access to vital information and freedom of expression which are guaranteed and enshrined in the National Transitional Constitution of South Sudan 2011.

Over the past few days, AMDISS has been meeting the relevant authorities and discussed the matter in advocacy to reopen Radio Jonglei so as to continue disseminating vital messages to the people about the ongoing peace process in the country. Despite the assurances rendered to us by the relevant authorities, the radio remained closed.

AMDISS calls for re-opening of Radio Jonglei to allow people to access the necessary information.

We also call for a dialogue to find an amicable solution if there is any case that is holding the radio from being re-opened.

AMDISS is a member-based organization of the local media in South Sudan, formed in 2003 and registered in 2009 to work towards creating an enabling environment for media development in South Sudan through advocacy at various levels of government, through dialogue with government ministries and departments including security agencies and providing media training to enhance the quality of reporting and professionalism in the media industry.

Ghana: MFWA Welcomes High Court Ruling on Personal Data Collection by Government

Vivian
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Ghana: MFWA Welcomes High Court Ruling on Personal Data Collection by Government

A High Court in Ghana has ordered the state agency, National Communications Authority (NCA), to stop collecting personal information from mobile phone subscribers. The court also ordered the government to delete data already collected within fourteen days of the court judgement.

The judgment followed a legal action by a private legal practitioner, Francis Kwarteng Arthur, who affirmed that the collection of mobile phone subscriber data by the government breached the Data Protection Act, 2012 (Act 843).

Following the outbreak of the COVID-19 pandemic, Ghana’s President, Nana Addo Dankwa Akufo-Addo, signed Executive Instrument (EI) 63 which is the Establishment Emergency Communications System Instrument, 2020.

The Executive Instrument, which was signed by the President on 23rd March 2020, referred to the powers bestowed on the President under Section 100 of the Electronic Communications Act, 2008 (Act 775), which states that “The President may by executive instrument make written requests and issue orders to operators or providers of electronic communications networks or services requiring them to intercept communications, provide any user information or otherwise in aid of law enforcement or national security.”

The Executive Instrument indicated that “Ghana is committed to dealing with emergency situations especially public health emergencies.” Hence, there was an “urgent need to establish an emergency system to trace all contacts of persons suspected of or actually affected by a public health emergency and identify the places visited by the persons suspected of or actually affected by a public health emergency.”

The Executive Instrument, therefore, ordered network operators to put their network at the disposal of the state for mass dissemination of information to the public. It also ordered network operators to cooperate with the National Communications Authority Common Platform to provide information to state agencies in the case of an emergency including a public health emergency.

This order tasked the network operators to provide the following information to the National Communications Authority Common Platform, all caller and called numbers, merchant codes (for mobile money), mobile station international subscriber directory number codes and international mobile equipment identity codes and site location etc.

The Executive Instrument also made provision for an institution designated by the Minister of Communication and Digitization to establish a Central Subscriber Identity Module Register.

Raising privacy concerns, Francis Kwarteng Arthur sued the National Communications Authority, two telecommunications companies; MTN Ghana and Vodafone Ghana and the institution in charge of the Central Subscriber Identity Module Register, Kelni GVG in April 2020.

The private legal practitioner went to court to seek an order to quash the President’s Executive Instrument because the order “violated, are violating or are likely to violate” his “fundamental rights and freedoms.” He also appealed to the Court to place a perpetual injunction to restrain the government, Kelni GVG and the NCA “from using the Executive Instrument to procure the applicants’ personal information from” Vodafone Ghana, his network provider.

The Attorney General, however, said that the Executive Instrument was to help the government conduct contact tracing as part of efforts to fight the COVID-19 pandemic.

The High Court presided over by Justice Rebecca Sittie, however, acknowledged that the Executive Instrument 63 violates people’s right to privacy.

The court ordered the NCA, Vodafone and Kelni GVG to each pay damages of GH¢20,000 to Arthur.

Under the Subscriber Identity Module (SIM) Registration Regulations (L.I. 2006), before any individual can use a SIM card in Ghana, they must register the SIM cards with a network provider by providing their name, addresses and proof of identification.

Further, under the Section 8.2 of the Electronic Communications Act, 2008 (Act 775), network operators or service providers may be authorised by the NCA to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify.

That is to say that if the government indeed wanted the contacts of people to do tracing, as the Attorney General indicated in his submission, the NCA could simply have used Section 8.2 of Act 775 to get the SIM registration details of subscribers from network operators or service providers. It is therefore curious as to why and to what practical end the government will request the network operators and service providers to gather additional data of ALL users of telecommunications services such as merchant codes (for mobile money), mobile station international subscriber directory number codes and international mobile equipment identity codes and site location, etc. In fact, the Section 100 of Act 775 that the government rode on to introduce EI 63 allows the President to order for the interception of communication or provision of a user information not information of ALL users.

It does appear that the government saw the COVID-19 emergency as an opportunity to arrogate more powers to collect user data and also give more authority to Kelni GVG to establish a common platform by connecting real-time to the entire switch of the physical network nodes of MTN Ghana, Vodafone Ghana, AirtelTigo Ghana. Many Ghanaians had expressed concern that this was in breach of Article 12 of the 1992 Constitution which protects the privacy of all persons. It is also in breach of Section 73 of the Electronic Communications Act 2008 (Act 775) which mandates telecommunications companies to ensure that correspondence of their users is not intercepted or interfered with.

The MFWA, therefore, welcomes the Court ruling as a step in the direction of protecting individual rights to privacy in the digital space. We urge the government of Ghana and its ministries and agencies, and all other parties to comply with the court ruling. The MFWA further calls on citizens and civil society across West Africa to remain vigilant over the numerous restrictions imposed in the wake of the COVID-19 emergency in order to ensure that they are scaled back or scrapped as and when appropriate.

Ghana: RTI Commission Quashes Exorbitant Fees by State Agency

Vivian
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Ghana: RTI Commission Quashes Exorbitant Fees by State Agency

Ghana’s Right to Information (RTI) Commission has delivered what many consider as a milestone decision that signals the Commission’s commitment to ensure an effective implementation of the country’s new RTI law (RTI Act, 2019, Act 989).

In its first decision since its establishment, the Commission has ordered the country’s Minerals Commission to grant access to information requested by a journalist, Mr Evans Aziamor-Mensah.

Mr Aziamor-Mensah, a repoter with The Fourth Estate, an investigative journalism project of the Media Foundation for West Africa, had petitioned the country’s Information Commission to complain about the Minerals Commission, Ghana’s mining regulator’s, demand for $1,000 before it would release some requested information.

But in a ruling, delivered on Monday, July 19, 2021, the Right to Information Commission has quashed the Minerals Commission’s demand and has ordered that The Fourth Estate pays Gh1.90 pesewas ($0.33).

The decision by the RTI Commission is the first the body is making since it was established in October 2020, a year after the RTI law was passed in Ghana. The RTI Commission is clothed with powers, including resolving complaints through negotiation, conciliation, mediation or arbitration. It also has the power to make any determination as it considers just and equitable including issuing recommendations or penalties in matters before it.

Mr Evans Aziamor-Mensah had requested from the Mineral Commission information on companies licensed to undertake mining in Ghana between January 2013 and May 2021, and companies whose licenses have been revoked or suspended within the same period. The journalist had requested the information under the RTI law of Ghana which indicates that public institutions must only charge applicants the cost incurred in reproducing the information requested. He had requested the pieces of information are provided to him in PDF format and sent to them via email or he be invited to pick a hard copy.

However, in a response to Mr Aziamor-Mensah contained in a letter signed by the Chief Executive Officer of the Minerals Commission, Martin K. Ayisi, the organisation requested an equivalence of $1,000 citing an establishing Act of the Commission.

“Kindly be informed that in accordance with section 75 of Act 989, Section 103 of the Minerals and Mining Act, 2006 (Act 703), as well as Regulation 4 of the Minerals and Mining (Licensing) Regulations,2012 (LI 2176), the application fee payable is the Ghana Cedi equivalent of five hundred US Dollars (US $500) per request. Thus, the applicable fee payable for the above information is the Ghana Cedi equivalent of one thousand US Dollars (US$1000).”

The Fourth Estate, on June 17, petitioned the RTI Commission for a review, stating that they are dissatisfied with the decision of the Minerals Commission which attempts to charge for the preparation of the information contrary to sections 75, 80 and 85 of the RTI law. It was the first-ever petition the RTI Commission was being presented with since its establishment.

On July 19, 2021, the RTI Commission submitted a 13-page determination on the matter to The Fourth Estate and the Minerals Commission. The RTI Commission’s decision scrapped the Mineral Commission’s demand for the equivalence of $1,000 and established a charge that commensurates the cost of reproducing the information in accordance with the RTI law.

“The Commission hereby sets aside the decision of the Respondent [Mineral Commission] dated June 7, 2021, demanding payment of Ghana cedi equivalent of USD 1,000 by the Applicant [Evan Aziamor-Mensah of The Fourth Estate] for the information he requested,” the RTI Commission stated in its determination.

“The Commission directs the Chief Executive Officer of the Minerals Commission, Mr Martin K. Ayisi, to ensure the application of a charge or fee of either 1.80 Pesewas multiplied by the number of pages of information to be printed or 1.90 Pesewas, if the information in its entirety is to be emailed to the Applicant in PDF format.”

“We welcome the decision by the RTI Commission and commend the Commission for a progressive decision based on a true and proper understanding and interpretation of the law,” Sulemana Braimah, the Executive Director of the MFWA, said.

“This decision is significant for many reasons given that this is the first decision of the Commission. We had gone to court on a similar matter on fees and charges with the National Communication Authority at a time when the Commission was not yet functional. This decision sets a great precedent for the implementation of the RTI law. It affirms the fact that public institutions cannot hide behind fees and charges to deny journalists and citizens access to information, which will be defeating the ultimate aim of the law. We hope that this decision will spur everyone on to use the law as an instrument to assert their right of access to information, and to help promote transparency and accountability in the public.”

The RTI Commission has ordered the Minerals Commission to provide The Fourth Estate with the information requested within 14 days from the date of the determination.

AFEX, FXI Express Regret Over Loss of Life, Property and Community Media during Recent Riots in South Africa

Vivian
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AFEX, FXI Express Regret Over Loss of Life, Property and Community Media during Recent Riots in South Africa

The African Freedom of Expression Exchange (AFEX) and its member in South Africa, the Freedom of Expression Institute (FXI) today expressed its deepest concerns as the riot death toll exceeded 200 deaths in two of the 9 provinces in South Africa, following the jailing of former President Jacob Zuma, including looting and destruction of public and private property.

According to the Government Communication and Information System (GCIS) a number of community radio stations in the two affected provinces were negatively impacted, including Alex FM, Westside FM, Mamelodi FM as well as Intokozo FM.

It will be recalled that Jacob Zuma had appeared before the court several times since his reign ended in 2018, to account for public funds embezzlement and mismanagement while steering the affairs of the state at the helm of the South Africa nation.

In the line of the prosecution, the court found him guilty of defying a court order to appear at an inquiry into corruption allegations when he was in power.  Failure of compliance, the Constitutional Court slapped him with 15 months into jail for contempt of court.

According to media reportage, the condemnation of Zuma triggered riots from the former president’s home base of KwaZulu-Natal province and spread across the country.

As a result of the violent protests, business and transport networks have been disrupted by the protesters, including thugs, ill-intentioned people who took advantage of the situation to break commerce, shopping malls. Massive looting was reported by the media and by individuals on social media platforms.

The security forces have also responded to the protests, by arresting more than 200 people, dispersed hundred of several others, while more than 40 people were reported killed and scores others injured.

As looting and anarchy continue, people in some communities organized themselves in assuring security and defending commercial centers and shopping malls to prevent looting.

From the perspectives of some sociopolitical analysts, the spate of violent protest, including looting and anarchy is unprecedented since the end of the white minority reign in South Africa, under the apartheid segregationist regime.

It is also believed that the impact of COVID-19 pandemic and its associated restrictions, including the recent lockdowns measures decreed in the country compounded with losses as business activities have cut down due to the pandemic had frustrated many people.

The sentencing of Jacob Zuma, therefore, opened floodgates of frustrations that were incubating among several underprivileged communities. However, this must not serve as a pretext for violent protests, vandalism, and anarchy ever recorded in the country. Some people are of the view that the country was sitting on a socio-political time-bomb, due to economic hardship, widespread corruption, and criminalities.

”The rioting and looting are a prime way for many criminal elements to take advantage of the situation under the banner of Free Zuma whether they believe in it or not,” has told, Mervyn Abrahams, program coordinator for the Pietermaritzburg Economic Justice Dignity to Bloomberg.

Addresses to the nation of President Cyril Ramaphosa have not dissuaded rioting and looting, while security forces are struggling to contain the vandalism, chaos, with several people killed.

AFEX and FXI are appalled by the violent protest, looting, and vandalism. ”This undermines the rights of peaceful demonstration and sets a bad precedent that could serve as a basis for detractors of freedom of peaceful demonstration. Such a situation has the potential to downgrade the right of freedom to protests as part of fundamental civil and political rights, including the right to freedom of expression. We call on the authorities to play their roles in a responsible manner,” said Mr Samkelo Mokhine, Executive Director of Freedom of Expression Institute.

Therefore, AFEX and FXI condemn in the strongest terms any violent protests, including vandalism and looting of private and public property.

We demand political leaders, and the organisers of protests to educate their sympathizers on the exercise of the rights to freedom of peaceful demonstration, respect of other people’s rights, and protection of property, including the media.

The demand for accountability from public officer holders, including past presidents and high-profile public servants, forms part of the key requirements for the consolidation of any democratic regime, and rule of laws.

We also call on the authorities and security agents to exercise responsibly, their execution of public order and crowd control and bring before the rigor of the law those found perpetrators of looting, vandalism, and anarchy.

Zambia: New Cyber Law Impedes Civil Liberties

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Zambia: New Cyber Law Impedes Civil Liberties

Zambia is increasingly repressing the exercise of civic rights, a trend that is growing as the country heads to general elections in August 2021. Human rights defenders are equally worried that state agencies could apply the recently enacted Cyber Security and Cyber Crimes Act 2021 to further undermine the digital civic space.

President Edgar Lungu, who has been in power since 2015, is standing for re-election in the August 12 elections. In the last five years of his reign, freedom of expression and peaceful assembly have come under increasing attack, with opposition leaders and activists jailed, and independent media outlets shut down, according to an Amnesty International Report.

The government denies these accusations, claiming the country has a vibrant civil society, a thriving independent media, and an impartial judiciary that protects civil liberties. However, independent analysts dismiss the government’s claims, pointing out that there has been “a creation of a fear society through the demonising of civil society and political opposition, the punishing of dissent, and weaponising the law and applying it selectively against anyone critical of the state.”

The repression in the southern African country has been witnessed both offline and online. Freedom House ranked the country’s state of internet freedom in 2020 as “partly free”, citing network restrictions, arrest of pro-government commentators and online users. And with the recent enactment of the cyber crimes law, worries are growing that the government could employ it as yet another weapon to silence dissenters and critics. Crucially, the new law falls short on protecting individual rights to privacy, anonymity, and freedom of expression online.

Notably, the law was passed amidst criticism that it was primarily aimed at policing cyber space and gagging freedom of expression and speech of government critics and opponents ahead of the August 12, 2021 general election. The government passed the law after rejecting concerns raised by civil society about its regressive provisions.

According to the Bloggers of Zambia, during 2020 seven people were arrested under the Criminal Procedure Code for purportedly defaming the president through posts on social media. Meanwhile, a 2020 report by Citizen Lab, a global digital rights watchdog, identified Zambia as a possible customer of cyber espionage software. This was the second time that Zambia, alongside other African governments, was featured in the report that unmasks clients of surveillance software. The country has also embarked on a Safe City Project that is mounting 24-hour surveillance cameras in public places and on the main road networks, despite its lack of an operational data protection law and regulations to govern the use of such video surveillance.

According to CIPESA’s analysis of the law, while cyber security is critical in the highly evolving technological era, it is important that a rights-based approach is employed in the development of policies and laws to ensure that the adopted laws and policies do not wantonly limit individual rights and freedoms. The Cyber Security and Cyber Crimes Act, 2021 in its current state offers some solutions to emerging challenges in the digital space but has wide negative impacts on the protection, promotion and enjoyment of digital rights and freedoms.

Under international human rights law, the rights to privacy, freedom of expression and information may only be restricted if prescribed by law, in pursuit of a legitimate aim, and if the restrictions are necessary and proportionate in pursuance of a legitimate aim. Many provisions in the Zambian law are vague and overly broad, and in contravention of the principle of legality. The law extends the powers of state authorities to restrict and punish online expression, and gives law enforcement agents leverage to conduct unsupervised surveillance without judicial oversight.

Indeed, the CIPESA analysis shows that Zambia’ cyber law falls short of the established regional and international human rights standards on the right to privacy as laid down in the African Union Convention on Cyber Security and Personal Data Protection, Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the African Commission on Human and Peoples’ Rights (ACHPR) Declaration on Principles of Freedom of Expression and Access to Information.

Accordingly, the Zambian parliament should consider repealing or amending the regressive provisions to ensure the protection of digital rights and freedoms. Short of this, the new law could only serve the purpose of handing enemies of democracy yet another weapon for silencing the legitimate expression of critics, political opponents, and ordinary citizens.

See here CIPESA’s full review of the ramifications of Zambia’s Cyber Security and Cyber Crimes Act 2021.

AFEX Members, Other Press Freedom Groups Urge King of Eswatini to Guarantee Freedom of Expression

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AFEX Members, Other Press Freedom Groups Urge King of Eswatini to Guarantee Freedom of Expression
On 6 July 2021, the MISA Regional Governing Council chairperson, Golden Maunganidze wrote to His Royal Highness, King Mswati III to express MISA’s concerns regarding the state of press freedom in Eswatini.

On 6 July 2021, the MISA Regional Governing Council chairperson, Golden Maunganidze wrote to His Royal Highness, King Mswati III to express MISA’s concerns regarding the state of press freedom in Eswatini. Below is the letter;

6 July 2021

His Majesty
King Mswati III
c/o High Commission of The Kingdom of eSwatini
715 Government Avenue
Arcadia 0083
Pretoria
South Africa

His Majesty,

Re: Concerns on freedom of expression violations in Eswatini

We, the undersigned press freedom and freedom of expression organisations, hereby write this letter to you to express our profound concerns with the increasing cases of media freedom violations in Eswatini.

We are deeply worried by the turn of events in Eswatini and call upon the authorities to do everything possible to ensure that media workers are protected and are not subject to wanton attacks by security forces.

In that respect, and by virtue of this letter, we appeal to Your Majesty to halt these media violations in Eswatini. In the past week alone, two reporters were shot at by the police in Eswatini, with one of them sustaining serious injuries. This is grossly unacceptable and goes against the values that the Kingdom claims to uphold.

In the same vein, the government has responded by shutting down the internet, a development that poses a serious attack on freedom of expression and digital rights in your country.

While we appreciate the difficult situation, the Eswatini government is having to contend with regarding the protests, clamping down on media freedom and freedom of expression cannot be the solution to calming the current political turbulence in your country.

In times of crises, authorities should treat the media as allies in conveying accurate and verifiable information on the unfolding events, rather than clamping down on the press. This only serves to heighten tensions.

We are gravely concerned with the excessively inhumane and largely unreasonable responses by Eswatini security forces in dealing with media workers. The safety and security of journalists is of paramount importance to Eswatini, and it is imperative for your government to ensure that media workers are protected at all times.

As you are aware, Section 24 of the Eswatini Constitution promotes freedom of expression, but this right remains elusive for media workers in your country.

By virtue of this letter, we hereby remind His Majesty to be cognisant of the revised principles of the African Commission on Human and Peoples Rights (ACHPR) Declaration of Principles of Freedom of Expression and Access to Information, which expressly calls on African governments to promote freedom of expression and of the media in their respective countries.

We urge the Eswatini authorities to demonstrate their commitment and adherence to constitutionally guaranteed rights by allowing the media to operate freely without any harassment, assaults, threats or reprisals for doing their work.

Research has shown that media freedom is on the decline in Eswatini. We, therefore, call upon the authorities to arrest this decline and bring to an end the increasing cases of media freedom violations in your country.

Your Majesty, we, therefore, call on you to:

  • Guarantee and ensure the safety and security of journalists and media workers in your country.
  • Ensure that the internet is not shut down or filtered.
  • Comply with the provisions of the Eswatini Constitution, particularly Section 24 which provides for freedom of expression.
  • Adhere to the revised principles of the African Commission on Human and Peoples Rights (ACHPR) Declaration on Freedom of Expression and Access to Information.

We thank you in advance for taking our concerns into serious consideration.

Yours Sincerely,

Golden Maunganidze
MISA Regional Governing Council Chairperson

Endorsed by:
Africa Freedom of Information Centre (AFIC)
Association pour le Développement Intégré et la Solidarité Interactive (ADISI-Cameroun)
Bloggers of Zambia
Center for Media Studies and Peace Building (CEMESP)
CIPESA
Committee to Protect Journalists (CPJ)
Freedom of Expression Institute
Gambia Press Union (GPU)
Institute for Media and Society (IMS)
International Press Center (IPC)
International Press Institute (IPI)
Journaliste en Danger (JED)
Media Alliance of Zimbabwe (MAZ)
Media Foundation for West Africa (MFWA)
Media Rights Agenda (MRA)
Namibia Media Trust
PANOS Institute Southern Africa (PSAf)
South African National Editors Forum (SANEF)
African Freedom of Expression Exchange (AFEX)
IFEX

Uganda Abandons Social Media Tax But Slaps New Levy on Internet Data

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Uganda Abandons Social Media Tax But Slaps New Levy on Internet Data

By Daniel Mwesigwa |

Uganda has ditched the Over-The-Top (OTT) tax that it introduced three years ago on the use of social media services after the tax failed to raise revenues and constrained internet usage. But appearing to not have learnt any lessons, the country has instead introduced a 12% tax on internet data.

Introduced on July 1, 2018, the infamous OTT tax, widely known as ‘social media tax’, required Ugandans to pay a daily levy of Uganda Shillings (UGX) 200 (USD 0.05) in order to access over 50 platforms including Facebook, Twitter, and WhatsApp. President Yoweri Museveni directed the introduction of the social media tax as a ‘sin tax’ to punish social media users in Uganda for the consequences of their “opinions, prejudices [and] insults” and as a means to raise government revenues.

From inception, sections of civil society and the public saw the tax as an attempt to stifle free speech and access to information – and they warned that the tax would have disastrous effects on the country’s fledgling digital economy and digital civic space. These fears were not unfounded, as Uganda is a notable digital rights predator that has ordered social media blockages and internet shutdowns, besides harassing some social media users that are critical of the government.

Predictions that the social media tax would harm internet use and fail to generate the envisaged revenues indeed came true. At the time the government filed proposals to introduce the OTT tax, the Ministry of Finance projected that up to UGX 486 billion (USD 131 million) could be collected annually by 2022. However, by the end of July 2018, the projections had been revised downwardsto UGX 284 billion (USD 78 million) annually. In July 2019, one year after the introduction of the tax, the revenue body reported that it had experienced an annual shortfall of 83%, having collected only UGX 49.5 billion (USD 13.5 million). In the second year, the social media tax fetched a paltry USD 16.3 million.

Now, beginning July 1, 2021, the government has replaced the OTT tax with a direct 12% levy on the net price of internet data, after which a value added tax (VAT) of 18% will apply.

According to a social media notice by Roke Telkom, an internet service provider, the charges for a basic 60GB monthly bundle will increase by an extra USD 1.5 per month with the new levy compared to what the same bundle cost when the OTT tax was being levied. In other words, this will cost an additional USD 18 per year compared to what the same bundle cost when the OTT tax was being levied.

Within the first year of the social media tax, Uganda lost five million internet subscriptions due to the negative effects of the tax. Although the tax was envisioned as small and manageable, it did not meet the fairness and proportionality requirements: for a country whose average phone subscriber spends just UGX 10,500 (about USD 2.8) per month on all their voice calls, data, SMS, and access taxes, according to Uganda Communications Commission (UCC) figures, a monthly social media tax of USD 1.5 alone consumes up to 54% of their telecommunication services spend.

Moreover, in 2018, the Alliance for Affordable Internet (A4AI) showed that the social media tax was likely going to push basic connectivity out of reach for many including the underemployed and unemployed youth who make up over 78% of the population. Additionally, A4AI explained that this tax would increase the lowest income group’s access to the internet by 10%, resulting in just 1GB of data costing them nearly 40% of their average monthly income.

In the 2020 Affordability Report, Uganda’s data costs are higher than the African average, with 1 GB of data costing up to 8.07% of an average Ugandan’s monthly income compared to Sub-Saharan Africa’s average of 3.1%. According to a 2018 nation-wide survey by the National Information Technology Authority of Uganda (NITA-U), 76.6% of respondents named high cost as the main reason why their use of the internet was limited.

Based on problematic assumptions and projections?

The tax was clearly based on wrong assumptions, and the signs were ominous from early on. In January 2019, the then Minister of ICT, Frank Tumwebaze, reportedly said his ministry could have been misguided by the finance ministry in introducing the social media tax and he promised an impact assessment to gauge potential policy re-alignments. A year later in January 2020, the then revenue body’s Commissioner General, Doris Akol, decried social media tax avoidance through the use of Virtual Private Networks (VPN). She called for the tax to be repealed and replaced with a direct levy on internet data.

Indeed, since the social media shutdown during Uganda’s 2016 general elections, the use of VPN apps has been growing. These have helped users to avoid paying the OTT tax and to sidestep further internet shutdowns, such as the recent disruption during the 2021 election and the suspension of Facebook access in Uganda, which is in the fifth month now.

According to UCC, as of December 2020, there are 21.4 million active internet subscriptions – translating into a little more than one active connection for every two Ugandans – but the number of subscribers  who paid the OTT tax at least once during that month was 13.7 million. For most months in the lifetime of the tax, the number of OTT taxpayers remained under 10 million. At the time Uganda introduced the tax, the internet penetration rate stood at 47.4% (18.5 million internet subscriptions), meaning in three years, the country has added under three million subscriptions and the penetration rate has risen marginally.

The new 12% levy comes when Uganda is in the middle of a second wave of Covid-19, which saw the government recently instituting a 42-day lockdown that prohibits all public gatherings, inter-district travel, and public transport. This has rendered digital technologies indispensable to working, learning, public participation, and livelihoods, yet Uganda’s new tax will adversely affect internet access and citizens’ access to information – perhaps more than the now repealed social media tax.

Having recently secured a USD 200 million loan from the World Bank to support “access [to] high-quality and low-cost internet, public services online, a digital economy driving growth, innovation and job creation,” Uganda’s new tax seems inconsistent to the larger national visions of digital transformation, including the National Broadband Policy (2018-2023) and the Digital Vision 2040.

But Uganda is not alone on this worrying path. Following the Covid-19 disruptions to domestic economies marked by weakening tax bases, various countries in the region have turned to, or are considering, some form of digital tax as one of the new revenue streams. For example, Zambia and Nigeria have considered plans of imposing direct taxes on OTT services but have withdrawn following backlash. Botswana has indicated it is exploring a digital tax due to a decrease in tax revenue and in 2020, Mauritius introduced a 15% VAT on digital services provided by non-resident companies.

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