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State Security Agents, Lead Violators of Freedom of Expression Violations in Africa

Felicia Anthonio
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State Security Agents, Lead Violators of Freedom of Expression Violations in Africa

State security agents accounted for a majority of violations recorded in the first half of 2018 (January-June) according to the Freedom of Expression (FOE) in Africa Situation Report  produced by the African Freedom of Expression Exchange (AFEX).

Out of a total of 123 violations recorded in 25 countries state security agents were responsible for 69 of them. The violations occurred in countries in East, West and Southern and Central Africa.  Some of the violations recorded included physical assault, arbitrary arrests and detentions, confiscation of equipment belonging to journalists. Sadly, security agents were also responsible for three incidents of killings which involved protesters.

Other perpetrators of the FOE violations cited in the FOE Situation in Africa Report included unidentified individuals, political party affiliates, officials working with government ministries, agencies etc.

Altogether, a total of 106 identified victims suffered directly from the 123 recorded violations. Eighty-one of victims were male journalists, while five of them were females. The remaining violations were against media organisations and ordinary citizens.

According to the report, obtaining justice for victims of freedom of expression and assembly violations remain a serious challenge. Most often, perpetrators of these FOE violations are left unpunished. During the period under review, however, a few remedial actions were taken in some of the countries cited.

For details of the remaining FOE violations recorded by AFEX, kindly click here to access the full copy of the FOE Situation in Africa Report. 

AFEX Welcomes the African Commission’s Condemnation of Repressive Online Regulations in East Africa

Felicia Anthonio
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AFEX Welcomes the African Commission’s Condemnation of Repressive Online Regulations in East Africa

The African Freedom of Expression Exchange (AFEX) welcomes the African Commission on Human and People’s Rights (ACHPR)’s condemnation of increased adoption of stringent laws to regulate the online space in Africa.

In a statement signed by the Commission’s Special Rapporteur on Freedom of Expression and Access to Information in Africa (the Special Rapporteur) Commissioner Lawrence Mute, and the Country Rapporteur responsible for monitoring the human rights situation in Kenya and Tanzania Commissioner Solomon Dersso, expressed “concern on the growing trend of States in East Africa adopting stringent regulation measures on the Internet and Internet platforms.”

Considering the increasing threats and attacks on Internet rights and freedoms of citizens that have been recorded in Africa within the past years, AFEX shares the ACHPR’s concerns over the sad phenomenon. For instance, over the past, Tanzania, Uganda, and Kenya have introduced regulation that will further constrict the cyberspace in the various countries.

In March 2018, President Magufuli assented the Electronic and Postal Communications (Online Content) Regulations 2018, which among other things, requires bloggers and users of online platforms such as radio and television stations in Tanzania to pay up to 2,100,000 Tanzanian Shillings (about USD 930) in order to acquire operation licences. This regulation has been widely criticised as an affront to online speech. Several online platforms including the country’s leading platform, Jamii Forums were forced to shut down following government’s enforcement of the new online content regulation.

Similarly, President Uhuru Kenyatta of Kenya on May 16, 2018 passed into law the Computer Misuse and Cybercrimes Bill. Under the guise of tackling cybercrime in the country, the law contains repressive provisions that has the potential of muzzling freedom of speech in Kenya.a Prior to the adoption of the Computer Misuse and Cybercrimes law, the Kenya Film and Classification Board (KFCB) on May 14, 2018, imposed licences and exorbitant fees for anyone posting videos filmed with phones and/or posted to social media and punishment for violations include fines up to Kenyan Shillings (KES) 100,000 (GBP 752) or imprisonment of up to five years. The KFCB also has to approve such videos before they are uploaded.

As if the introduction of these laws were not unfortunate enough, the government of Uganda on July 1, 2018 began the implementation of the Excise Duty (Amendment) Bill 2018, popularly known as social media tax law. The controversial law requires users of ‘over the top’ services such as social media platforms to pay a daily levy of Ugandan Shillings (UGX) 200 (USD 0.05), to access these platforms.

It will be recalled that President Yoweri Museveni warned in April 2018 that he was going to tax social media usage as such platforms are used to promote “gossip” in the country.

As rightly noted by the ACHPR, these regulations “may negatively impact the ability of users to gain affordable access to the Internet”. The vaguely worded laws such as the case of Tanzania also give sweeping powers to the government to censor content deemed unfavourable. It also contains onerous penalties of up to at least 12 months’ imprisonment or a minimum fine of 5,000,000Tanzanian Shillings (USD 2,190.30), or both. These strict provisions will serve as an avenue/opportunity for authorities to witch hunt journalists, bloggers, activists and individuals who are critical of their governments.

AFEX joins The AU Special Rapporteur on Freedom of Expression and Access to Information to denounce these regulations, and urge authorities in the various countries to review the laws.  We also join The ACHPR to remind these States of their obligations to recognise the important role of the Internet in advancing human and peoples’ rights in their respective countries and in Africa as noted in the Resolution on the Right to Freedom of Information and Expression on the Internet in Africa

Again, AFEX urges African governments to recognise their obligations and commitment to protect the online freedom of expression and access to information rights.

Read the full statement by the Commission published on July 12, 2018 here.

Soldier Assaults Foreign Journalist

Felicia Anthonio
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Soldier Assaults Foreign Journalist

This statement was originally published on zimbabwe.misa.org on August 2, 2018.

Yeshiel Panchia a journalist with the European Pressphoto Agency (EPA) was on 2 August 2018 assaulted by a soldier following deployment of the army to quell protests in Harare.

Panchia told MISA Zimbabwe the soldier whipped him as he tried to render assistance to a man wounded during riots that broke out in Harare yesterday.  A picture of the incident has gone viral on social media.

Panchia is a duly accredited journalist who is in Zimbabwe to cover the country’s elections.

MISA position

The right to media freedom of both local and foreign journalists should be upheld at all times given the essential role played by the media in the dissemination and sharing of information, views and opinions. Furthermore, the assault of foreign journalists on Zimbabwean soil has negative implications in terms of international humanitarian law provisions that seek to protect journalists working in foreign lands.

Registration for Forum on Internet Freedom in Africa (FIFAfrica18) Opened

Felicia Anthonio
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Registration for Forum on Internet Freedom in Africa (FIFAfrica18) Opened
Registration for the sixth edition of the Forum on Internet Freedom in Africa 2018 (FIFAfrica18) is opened. FIFAfrica18 is a landmark event that brings together various stakeholders from the Internet governance and online rights arenas in Africa and beyond to deliberate on gaps, concerns and opportunities for advancing privacy, access to information, free expression, non-discrimination and the free flow of information online on the continent.
The Forum is being hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) in collaboration with AFEX member in Ghana, Media Foundation for West Africa (MFWA). FIFAfrica will take place on 26–28 September, 2018 in Accra, Ghana. There will also be pre-events which will take place on 26 September, while the main Forum takes place on 27-28, September.

Kindly click the link below to register, propose a session and/or apply for travel support : https://t.co/Wf9E1u4tsr

Please note below the important dates related to this form:
— The closing date for registration to attend is 18.00 West African Time on September 21, 2018.
— Applications for travel support will be accepted till August 15, 2018
— Successful travel support applicants will be notified by September 8, 2018
— Session proposals will be accepted till August 3, 2018

For questions, please email [email protected].

AFEX Denounces Confiscation of Newspaper Publications by Sudan’s NISS

Felicia Anthonio
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AFEX Denounces Confiscation of Newspaper Publications by Sudan’s NISS

The African Freedom of Expression Exchange (AFEX) denounces the decision of Sudan’s National Intelligence and Security Services (NISS) to confiscate copies of newspaper publications belonging to media organisations in the country.

On Sunday, July 22, 2018 the NISS confiscated printed copies of Al-Jareeda and Masadir newspapers respectively. Publications of Al-Jareeda have been seized for three consecutive days since Sunday.

No reason was given by the security officials for the confiscation. However, according to the editor in chief of Aljareeda newspaper, Ashraf Abdel-Aziz, the seizure of the Sunday publications of the newspaper was likely to be in connection with the republication of a statement by the editor-in-Chief of Masadir newspaper, Abdel-Magid Abdel-Hamid. The statement protested his being banned a meeting between Egyptian President Abdel-Fatah al-Sisi and Sudanese media representatives.

The Al-Jareeda newspaper has experienced several incidents of harassment from state officials since its establishment in 2011. Last month, the paper was unable to distribute copies of its June 6 publication because agents of the NISS cited articles about increases in the prices of food stuffs and an attack on a market in Sudan’s Darfur region. Again in May 2016, the NISS confiscated copies of the newspaper four times within five days without explanation.

The 2009 Press and Publication Act empowers the NISS to censor the circulation of newspapers that are critical or unfavourable to the government before publication. The seizure of publications belonging to newspaper organisations has therefore become a common tool used by the NISS to stifle dissent in the country.

On January 7, 2018, officials of the NISS confiscated publications of six newspapers for publishing reports about protests against ongoing austerity measures in the country.

Between January 1 and December 31, 2015, the NISS confiscated publications belonging to over 50 organisations with some newspaper organisations being targeted on more than one occasion.
These confiscations and other freedom of expression violations do not only threaten citizens’ right to freedom of expression but also have serious financial ramifications for the sustainability of the media organisations.

According to Abdel-Aziz, his newspaper has incurred a financial loss of up to 200,000 Sudanese pounds ($4000) as a result of the continued confiscations during this year.

Sadly, the NISS continues to perpetrate these violations against free speech with impunity. According to the 2010 National Security Act (NSA), officials of the NISS are immune to prosecution for any act committed against citizens “in the course of their work” or “in good faith”, resulting in a pervasive culture of impunity for press freedom violations in Sudan.

AFEX condemns the actions of the NISS as an affront to the right of free speech. We call on President Omar Al-Bashir to order officials of the NISS to put a stop to the arbitrary confiscations of newspaper publications in the country and ensure that freedom of expression and access to information rights are protected as guaranteed in Sudan’s Constitution.

Prosecutor Demands 3 Years Imprisonment for Protest Leaders

Felicia Anthonio
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Prosecutor Demands 3 Years Imprisonment for Protest Leaders

This statement was originally published on mfwa.org on July 17, 2018.

Prosecutors in Niger have demanded three years imprisonment for several influential civil society leaders who have been languishing in prison since March, 2018  for leading  a wave of popular protests against the country’s 2018 finance law.

Numbering 24, the activists, including Ali Idrissa, head of the Réseau des organisations pour la transparence et l’analyse budgétaire (ROTAB), Moussa Tchangari, the secretary general of Alternative espaces citoyens (AEC), and Nouhou Arzika, the president of the Mouvement pour la promotion de la citoyenneté responsable (MPCR) were charged before court on July 10, 2018.

According to the MFWA’s correspondent in Niger, they are accused of defying the ban on demonstrations and destroying public property.

Niger has since October 2017 been shaken by demonstrations calling for the review of the Finance law for 2018 which critics describe as too austere and anti-social. One of the major criticisms against the law is that it grants excessive tax concessions to telecommunications companies at the expense of citizens.

Several freedom of expression organisations, including the MFWA condemned the arrests of the activists last March as a violation of freedom of expression and demanded their release.

Lawyers for the accused said their clients have committed no crime and pleaded for their release, while the state prosecutor has requested for three years’ prison sentences against the civil society leaders. Judgment is expected to be delivered on July 24, 2018.

“The offenses for which our clients are prosecuted are not constituted in law, we believe that they will soon recover their freedom,” said Ali Kadri, a lawyer of the defense.

The MFWA calls on the country’s authorities to unconditionally release the activists and uphold the right to peaceful assembly and demonstration as guaranteed under Niger’s constitution.

AFEX Urges Zambia Government to Adopt Multi-Stakeholder Approach in Formulating Internet Policies

Felicia Anthonio
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AFEX Urges Zambia Government to Adopt Multi-Stakeholder Approach in Formulating Internet Policies

The African Freedom of Expression Exchange (AFEX) joins journalists, bloggers, and activists in Zambia to call on the government to develop and adopt a transparent, inclusive and multi-stakeholder approach in enacting internet policies that will ensure that the people of Zambia have access to free and open Internet. This approach will ensure that citizens’ online rights are protected.

Authorities in Zambia are about to introduce before parliament, three bills that are meant to regulate the Internet and in particular social media. The proposed bills are; the Cyber Security and Cybercrime Bill, Data Protection Bill and Electronic Commerce and Transactions Bill. Sadly, the process of drafting these laws has been secretive and non-participatory, prompting fears that the laws will contain repressive elements that are likely to be used to stifle freedom of expression online.

Civil society organisations such as MISA Zambia, Bloggers of Zambia and the Zambia Centre for Social Development (ZCSD), through the #OpenSpaceZM campaign have been urging  to the government of Zambia to actively involve journalists, bloggers, civil society actors and citizens in the formulation and the drafting process of the proposed cyber laws in the country.

However, the government has not heeded to these calls to publicise the bills. The bills if passed in their current state   would have serious repercussions for the enjoyment of freedom of expression, freedom of assembly, media rights and access to information online.

Although the President Edgar Lungu’s  government has assured the public that the objective of the bills is to protect citizens’ Internet rights and freedoms, recent actions by state officials do not engender and guarantee trust owing to the fact that a number of violations have been perpetrated against individuals with dissenting opinions.  State actors continue to issue threats against social media users that government will   introduce  laws that will require  administrators of WhatsApp groups to register their platforms..

In Zambia, the Internet is considered to be the only space available for citizens to enjoy their right to freedom of expression and assembly. This is because the government uses laws such as the Public Order Act and Penal Code to clamp down on critical media and to infringe on citizens’ rights.  The country’s media regulator, Independent Broadcasting Authority (IBA) has also been responsible for the withdrawal of licence of private TV and radio stations that are critical of the government. .

While AFEX acknowledges that online harassment and identity/data theft are legitimate threats that need to be controlled to guarantee citizens’ safety and security, we believe that this important exercise should not be left in the hands of the government alone, without the involvement of other key stakeholders.

AFEX is seriously concerned that the formulation and passage of these laws without due consultation with the general public will pose a grave threat to fundamental human rights including freedom of expression online in Zambia.

AFEX urges President Edgar Lungu to prioritise Internet rights and freedoms of citizens in accordance with national, regional and international frameworks. We call on him and the leadership of  Parliament to make public the proposed bills for scrutiny and review by the general public to ensure that they promote democracy.

MFWA to Co-Host Africa’s Biggest Internet Freedom Event

Felicia Anthonio
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MFWA to Co-Host Africa’s Biggest Internet Freedom Event

This statement was originally published on mfwa.org on July 4, 2018.

From September 26 to 28, 2018, the Media Foundation for West Africa (MFWA) will co-host Africa’s biggest Internet freedom forum in Accra, Ghana.  The annual convening, which is dubbed Forum on Internet Freedom in Africa (FIFAfrica) brings together key stakeholders in the Internet governance and online/digital rights environment from the continent and beyond.

The MFWA will be hosting the forum jointly with the Uganda-based organization, Collaboration for International ICT Policy in East and Southern Africa (CIPESA). The forum is convened annually by CIPESA to deliberate on developments, challenges, opportunities and ways of improving the Internet ecosystem in Africa.  Participants also adopt strategies aimed at enhancing citizens’ digital or internet rights on the continent.

This is the first time the FIFAfrica event is being held in West Africa. Last year’s event was held in South Africa while the maiden event in 2014 and subsequent editions were held in Uganda.

The internet has become a vital tool for enhancing freedom of expression, access to information and citizens’ participation in national discourse and governance. At the same time, it is the target of hostile policies and practices by some governments. It is thus important for all stakeholders to dialogue on how to preserve the internet for development.

“The MFWA is delighted to co-host this important continental forum on Internet freedom. There couldn’t have been a better time to host this event in West Africa as the region is currently witnessing significant developments and challenges in the internet environment,” said Sulemana Braimah, Executive Director of the MFWA.

Online freedom of expression has come under attack in recent years in Africa. Over the past one year, countries such as Kenya, Uganda and Tanzania have passed laws to restrict internet freedom.  There have also been network disruptions and shutdowns in about seven African countries over the same period. Besides, there have been increasing incidents of arrest and detentions of citizens, bloggers and journalists for their social media activities.

The FIFAfrica event will also coincide with the International Day for Universal Access to Information (IDUAI), which is observed on September 28 each year. The day has been set aside by the UNESCO to mark the importance of universal public access to information and protection of fundamental freedoms.

The FIFAfrica event is scheduled to take place at the La-Palm Royal Beach Hotel in Accra, and is expected to host about 300 participants from dozens of countries in Africa and around the world.

You can learn more about the event by visiting the event website at:  https://cipesa.org/fifafrica/ or follow the #FIFAfrica18.

For further information or inquiries, kindly contact Felicia Anthonio on [email protected] or +233 206 972 867.

Citizens Voices Grow Online Despite Repressive Environment: State of Internet Freedom in Africa

Felicia Anthonio
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Citizens Voices Grow Online Despite Repressive Environment: State of Internet Freedom in Africa

Accra, Ghana, Tuesday, 26 June, 2018:  Countries across Africa continued to witness progressive deterioration in the online environment in 2017 as a result of the activities of state and non-state actors restricting the right to freedom of expression and other human rights online, according to a report released today by the African Freedom of Expression Exchange (AFEX).

Although the study covered only 12 countries on the continent, the findings of the report titled: Annual Report on the State of Internet Freedom in Africa painted an unflattering picture of increased threats to Internet freedom from diverse sources in the countries studied.

However, two other major themes are also apparent from the report.  The first is the desire of citizens to have their voices heard on a broad range of governance and social issues resulting in greater expression of dissenting views, despite the daunting challenges.

Perhaps, buoyed by the need to create a counter-narrative to the harsh regulatory and policy environment, civil society actors were responsible for a marked increase across different countries in advocacy for digital rights and freedoms, with Nigerian civil society organizations providing clear leadership in this area. Their successful campaign in support of a Digital Rights and Freedom Bill, which is awaiting presidential assent, having been passed by the Nigerian National Assembly, is a key milestone.

A total of 36 incidents of attacks on digital rights recorded in 2017 in the countries studied in which online expression was criminalised through arrest and detentions, prison terms or fines. Ironically, Nigeria recorded the highest number with 13 such incidents in which online expression was criminalized under the country’s Cybercrimes Act.

Nine incidents of Internet blackout were recorded in seven countries with some countries such as Cameroon experiencing multiple shutdowns. Internet shutdowns were used especially during important events like elections, protests, terrorist attacks or national emergencies to silence dissent and critical voices as well as to curtail freedom of assembly and association rights.

Countries that experienced internet shutdowns included Somalia, Ethiopia, Uganda, the Democratic Republic of the Congo, Cameroon, Zimbabwe, Togo and Nigeria.

Security agents, ruling and opposition politicians, media regulatory bodies and individuals were identified as the perpetrators of the majority of violations recorded. It was also observed that most of the victims of the various incidents of violations did not receive any form of redress.

Remarks critical of government officials or members of the ruling class were frequently the reason for the violations of the rights of citizens online. Often interpreted as attempts to incite the public against the ruling class, such expression of dissenting views was often greeted with high handedness from the political class.

Interestingly, individual members of the public were also found culpable in a lot of the instances of online rights abuse. Individuals initiated trolling, revenge pornography, hacking, threats and intimidation against others for exercising their rights to freedom of expression online.

For instance, although Ghana did not record incidents of government interference in online activities, individuals perpetrated a majority of the recorded violations against other individuals.

Nonetheless, the report noted that significant progress has been made in a number of countries on the continent towards safeguarding Internet rights and freedoms.

AFEX Coordinator, Ms Felicia Anthonio said: “While AFEX commends the efforts being made by some governments across the continent to ensure that citizens have access to an open, free and reliable internet environment, we reiterate that governments and stakeholders across the continent have a duty to protect and uphold citizens’ rights to access and use the Internet.”

Kindly click here  to download a full copy of the Annual Report on the State of Internet Freedom in Africa 2017.

AFEX Welcomes Somaliland’s Release of Journalists, Urges Government to End Ongoing Press Freedom Violations

Felicia Anthonio
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AFEX Welcomes Somaliland’s Release of Journalists, Urges Government to End Ongoing Press Freedom Violations

The African Freedom of Expression Exchange (AFEX) welcomes the reopening of privately-owned SOMNEWS TV station and the release of a detained journalist and a blogger by the government of Somaliland.

On June 11, 2018, authorities in Somalia’s break-away northwest regions ordered the reopening of SOMNews TV, which was shut down on May 29, after Somaliland Ministry of Information and Public Awareness accused the station, based in the Sool Region, of waging a political campaign against Somaliland and breaching journalistic ethics. However, another station, SBS TV, which was closed down on the same day on similar accusations, remain closed.

On June 19, 2018, President Muse Bihi pardoned Mohamed Kayse, a blogger who was sentenced to 18 months in prison for making critical comments about the president in a Facebook post, alongside journalist Mohamed Adan Dirir, who was also sentenced to 18 months in prison, for criminal defamation charges and publication of false news on October 8, 2017.

These amnesties follow a petition to Somaliland’s President by fifteen prominent freedom of expression organisations in Africa over the increasing spate of press freedom violations in the country. The petition, which was dated June 6, 2018, called on President Bihi to intervene to ensure an end to the repression.

While AFEX welcomes the release of Kayse and Dirir, as well as the reopening of SOMNews TV, as a positive development, we remain concerned about the continued crackdown on freedom of expression rights in Somaliland.

We find the ban of the privately-owned Waaberi newspaper upon the request of the Attorney General, which was granted by a Hargeisa court, very disturbing as it is in flagrant breach of the principles of press freedom, which is guaranteed under the Somaliland constitution, the African Charter and International human rights mechanisms. The June 19 shutdown of Waaberi newspaper, coupled with the continued closure of SBS TV, undermines the recent conciliatory gesture by the president of Somaliland.

AFEX urges president Muse Bihi to order the reopening of SBS TV and Wabeeri newspaper, end the frequent judicial attacks on journalists and media houses and ensure that freedom of expression rights are upheld in the country.

Prominent Rights Groups Call on Somaliland President to Intervene in Deteriorating Freedom of Expression Situation

Felicia Anthonio
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Prominent Rights Groups Call on Somaliland President to Intervene in Deteriorating Freedom of Expression Situation

Fifteen leading human rights organisations that seek to promote freedom of expression rights in Africa have called on the President to Somaliland, a self-declared state in Somalia to put an end to the recent crackdown on press freedom rights in the country.

Over the past three months, a total of five journalists were arrested and two privately-owned TV stations were closed down for covering ongoing territorial disputes between Somaliland and Puntland, an autonomous state in Somalia.

In a petition sent to President Muse Bihi Abdi, on June 6, 2018, the petitioners called on the head of state to safeguard the freedom of expression and freedom of assembly rights of journalists and individuals in the country.

Several activists and individuals have also been arrested and detained or even sentenced to prison terms of up to three years for criticising the government on social media platforms.

The petitioners expressed deep concern about the recent attacks against journalists and individuals by Somaliland authorities, which they believed are aimed at silencing criticism, public protests and to suppress dissemination of information about the territorial conflict.

The groups also urged the President to intervene to ensure that citizens’ rights to freedom of expression and human rights are respected by authorities in the country.

Kindly read the full petition delivered to the President of Somaliland below or click here to download:

 

June 6, 2018

H.E. Muse Bihi Abdi

President of the Federal Republic of Somaliland

Office of the President

Hargeisa, Somaliland.

CC : Abdurrahman Abdullahi Farah, Information Minister

Your Excellency,

                                                            Petition

We the undersigned organisations write to express deep concerns about the recent crackdown on freedom of expression and freedom of peaceful assembly rights in Somaliland.

We write to denounce the increasing attacks and harassment on media organisations, journalists, activists and individuals within the last three months.

On June 4, 2018, police arrested Mukhtar Abdi Jama, journalist working with Somnews TV in Las Anod district, Sool region, upon the orders of the regional governor of Somaliland, Abdi Khayre Dirir. Although no official reason was given for Jama’s arrest, our investigations show that his incarceration is as a result of the airing of a press conference held by local leaders in the Taleh district about the conflict in Tukaraq, a disputed area between Puntland and Somaliland.

On May 29, 2018, Somaliland Ministry of Information and Public Awareness banned two privately owned stations, SBS TV and SOM News TV in the Sool region for covering the conflict between Puntland and Somaliland. Authorities accused the two stations of promoting political campaign against Somaliland and breaching journalistic ethics.

A day before the closure of the stations, a journalist working with SBS TV, Mohamed Ahmed Jama Bidhanshe was arrested by security forces. Another reporter, Abdirahman Keyse Tungub, from Bulsho TV covering similar protests was previously arrested on May 27, 2018 by police in the same town (Las Anod). The two journalists were covering territorial dispute between Somalialnd and Puntland, a semi-autonomous region in north-eastern Somalia. Both Bidhanshe and Tungub were released on May 31, 2018 without any charges following the intervention of the Somaliland Journalists Association (SOLJA).

In addition to the above-mentioned attacks, Somaliland police in a related development arrested over 40 protesters during demonstrations in Las Anod. The protesters were demanding the reunification of Somaliland with the Federal government based in Mogadishu.  Sadly, according to media reports, Abdirisak Mohamed Farah, police commander for Somaliland’s Sool region justified the arrests and further threatened to arrest more persons.

“We arrested 47 demonstrators including women and youth who were misled,” Farah said at a news conference in Las Anod.

“There are two reporters in jail for creating chaos. We are looking for others and shall arrest them.”

AFEX finds the police commander’s remarks as a clear attempt by authorities to repress freedom of expression rights of citizens.

According to our sources, four journalists who have been living and working in Las Anod have already fled to Garowe city, capital of Puntland, after they were threatened by Somaliland authorities for “fomenting violence” and “misinforming the public”.

These attacks have serious repercussions on the enjoyment of free speech as this could force journalists and individuals into self-censorship to avoid being harassed.

Other violations we will like to bring to your attention were recorded within April and May this year:

On May 14, 2018 police upon the orders of the regional governor of Sool, Abdi Hayre Dirir, arrested freelance journalist, Adam Jama Oogle aka Habeb following comments he made on Facebook in which he called for the reunification of Somaliland and Somalia. He was released after being held for over a week without charge.

Oogle is not the only person that has suffered attacks from the country’s authorities for exercising his fundamental right to freedom of expression online. In two separate incidents that happened in April 2018, a provincial court in Hargeisa sentenced Naima Ahmed, an activist and poet and Mohamed Kayse, a civilian to three years and 18 months in jail respectively for Facebook comments deemed libelous by the authorities. The prosecutions were carried out under Somalia’s very old penal code.

Naima Ahmed was however granted presidential pardon and released on May 7, 2018 after her family petitioned you, your Excellency.

Mr President, we find it very worrying that citizens risk being sentenced to jail for exercising their fundamental rights to free expression and assembly which is enshrined in the Somaliland’s constitution as well as African and international frameworks

We do note with satisfaction and gratitude that some of the arrested journalists and activists in Somaliland have been freed.  Nonetheless, we believe that no one should go behind bars for exercising their fundamental rights to expression and assembly.

We do recognise their release as proof of your commitment to upholding press freedom, freedom of expression and human rights in Somaliland. We are therefore calling on you to extend a similar gesture of compassion to all journalists, activists and individuals who are being held by security agents in Somaliland for exercising their fundamental rights to freedom of expression and assembly.

We call upon you to also order the reopening of SBS TV and SOM News TV stations. The closure of the two stations and arbitrary arrest of journalists is an affront to free expression and will deprive citizens of their fundamental rights to access information.

We are confident that your office will take note of our concerns and recommendations towards improving the freedom of expression and human rights environment both online and offline in Somaliland.

 

Yours Sincerely,

Signed,

Africa Freedom of Information Centre (AFIC) , Uganda

, South Sudan

Center for Media Studies & Peace Building (CEMESP) , Liberia

Freedom of Expression Institute (FXI) , South Africa

Human Rights Network for Journalists – Uganda (HRNJ-Uganda)

www.humanrightsjournalists.org, Somalia

Nigeria

International Federation of Journalists (IFJ), Belgium

 International Press Centre (IPC), Nigeria

Journaliste en danger (JED), Democratic Republic of Congo

Media Foundation for West Africa (MFWA), Ghana

Media Rights Agenda (MRA), Nigeria

Media Institute of Southern Africa (MISA), Zimbabwe

National Union of Somali Journalists, Somalia

West African Journalists Association (WAJA), Senegal

 

This campaign is led by the African Freedom of Expression Exchange (AFEX), a continental network of the most prominent freedom of expression and media rights organisations in Africa that are also members of the Toronto-based, IFEX, the global network of free expression organisations. The network is currently made up of 13 member organisations based in West, East, Central and Southern Africa. Visit www.africafex.org for more.

 

 

Ugandan Government Taxes Social Media Users, Threat to Internet Rights

Felicia Anthonio
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Ugandan Government Taxes Social Media Users, Threat to Internet Rights

The African Freedom of Expression Exchange (AFEX) has learnt with disappointment the passage of the Excise Duty (Amendment) Bill, 2018 which seeks to tax social media as well as mobile money usage in Uganda.

On May 30, 2018, Parliament passed into law the controversial Excise Duty (Amendment) Bill despite strong protests from critics as an attempt to stifle Internet freedom and online expression in the country. The law which will take effect on July 1, 2018 will require users of over-the-top (OTP) platforms such as WhatsApp, Facebook, Twitter and Instagram in Uganda to pay a mandatory daily levy of 200 Ugandan Shillings (about $0.05 cents).

The passage of the law is an enforcement of President Yoweri Museveni’s warnings in April this year that he was going to tax social media usage as such platforms are used to promote ‘gossip” in the country. Similarly, in 2016, the government shut down social media platforms on two occasions during the country’s elections. At the time, President Museveni accused Ugandans of using these networks to “to spread lies.”

AFEX member, Human Rights Network for Journalists in Uganda (HRNJ-U) has condemned the law as an affront to enjoyment of digital rights.

According to Moses Magoola, Programme Manager at HRNJ-U, the underlying objective in the passing of this law is to stifle free expression rights of millions of Ugandans who increasingly depend on online tools to communicate.

“The tax is not coming in place to deliver a service but to control and deter people from expressing themselves especially on civic and political matters,” Magoola said. “The measure is to disable citizen mobilization and communication on matters of national importance.”

 While the Museveni-led government argues that the new taxes on social media usage will generate revenue for the Pearl of Africa nation, AFEX believes it is a systematic attempt of censoring numerous Ugandans who may not be able to afford the new daily levy. With the new regulation, Ugandans will spend about USD 1.5 a month in accessing these platforms. Thus, the law will further widen the digital gap that exists in Uganda. Only 31% of Uganda’s over 44 million populations have access to the internet as at 2017.

The adoption of this law is a breach of Uganda’s obligations under national, regional and international standards and frameworks to uphold freedom of expression. Comparatively, Ugandan is the only country that seems to have passed such a legislation which sets a negative precedent for other countries on the continent.

AFEX reiterates the essential role of the Internet and social media platforms in advancing freedom of expression and participatory governance globally. It is therefore sad to see the government of Uganda putting in place measures to restrict more Ugandans from coming online.

We call on President Museveni to withdraw the taxes and rather consider investing in the sector to ensure that all Ugandans have access to affordable, reliable and open Internet.

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AFEX is a continental network of some of the most prominent African freedom of expression and media rights advocacy organisations that are also members of IFEX, a global free expression network.

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