25 Feb 16 | Africa, Campaigns, Digital Freedom, Digital Freedom Statements, Statements, Uganda
Mr. Zeid Ra’ad Al Hussein, Mr. David Kaye, Mr. Joseph Cannataci, Mr. Maina Kiai, Mr. Michel Forst, Ms. Faith Pansy Tlakula, and Ms. Reine Alapini-Gansou
cc: African Union
African Peer Review Mechanism (APRM) Secretariat
Common Market for Eastern and Southern Africa Secretariat
Domestic & International Election Observer Missions to the Republic of Uganda
East African Community Secretariat
International Conference on the Great Lakes Region Secretariat
New Partnership for Africa’s Development (NEPAD) Secretariat
Uganda Communications Commission
Uganda Electoral Commission
Uganda Ministry of Information and Communications Technology
23 February 2016
Re: Internet shutdown in Uganda and elections
Your Excellencies,
We are writing to urgently request your immediate action to condemn the internet shutdown in Uganda, and to prevent any systematic or targeted attacks on democracy and freedom of expression in other African nations during forthcoming elections in 2016. [1]
On February 18, Ugandan internet users detected an internet outage affecting Twitter, Facebook, and other communications platforms. [2] According to the Uganda Communications Commission (UCC), blocking was carried out on orders of the Electoral Commission, for security reasons. [3] The shutdown coincided with voting for the presidential election, and remained in place until the afternoon of Sunday, February 21. During this period, two presidential candidates were detained under house arrest. [4] The telco MTN Uganda confirmed the UCC directed it to block “Social Media and Mobile Money services due to a threat to Public Order & Safety.” [5] The blocking order also affected the telcos Airtel, Smile, Vodafone, and Africel. President Museveni admitted to journalists on February 18 that he had ordered the block because “steps must be taken for security to stop so many (social media users from) getting in trouble; it is temporary because some people use those pathways for telling lies.” [6]
Research shows that internet shutdowns and state violence go hand in hand. [7] Shutdowns disrupt the free flow of information and create a cover of darkness that allows state repression to occur without scrutiny. Worryingly, Uganda has joined an alarming global trend of government-mandated shutdowns during elections, a practice that many African Union member governments have recently adopted, including: Burundi, Congo-Brazzaville, Egypt, Sudan, the Central African Republic, Niger, Democratic Republic of Congo. [8], [9], [10], [11], [12], [13], [14]
Internet shutdowns — with governments ordering the suspension or throttling of entire networks, often during elections or public protests — must never be allowed to become the new normal. Justified for public safety purposes, shutdowns instead cut off access to vital information, e-financing, and emergency services, plunging whole societies into fear and destabilizing the internet’s power to support small business livelihoods and drive economic development.
Uganda’s shutdown occurred as more than 25 African Union member countries are preparing to conduct presidential, local, general or parliamentary elections. [15]
A growing body of jurisprudence declares shutdowns to violate international law. In 2015, various experts from the United Nations (UN) Organization for Security and Co-operation in Europe (OSCE), Organization of American States (OAS), and the African Commission on Human and Peoples’ Rights (ACHPR), issued an historic statement declaring that internet “kill switches” can never be justified under international human rights law, even in times of conflict. [16] General Comment 34 of the UN Human Rights Committee, the official interpreter of the International Covenant on Civil and Political Rights, emphasizes that restrictions on speech online must be strictly necessary and proportionate to achieve a legitimate purpose. Shutdowns disproportionately impact all users, and unnecessarily restrict access to information and emergency services communications during crucial moments.
The internet has enabled significant advances in health, education, and creativity, and it is now essential to fully realize human rights including participation in elections and access to information.
We humbly request that you use the vital positions of your good offices to:
- call upon the Ugandan government to provide redress to victims of the internet shutdown, and pledge not to issue similar orders in the future;
- call on African states to uphold their human rights obligations, and not to take disproportionate responses like issuing shutdown orders, especially during sensitive moments like elections;
- investigate shutdowns, in their various forms, in order to produce public reports that examine this alarming trend and its impact on human rights, and make recommendations to governments and companies on how to prevent future disruptions;
- encourage telecommunications and internet services providers to respect human rights and resist unlawful orders to violate user rights, including through public disclosures and transparency reports;
- encourage the African Commission on People’s and Human Rights, the United Nations Human Rights Council, and the UN General Assembly to resolve that Internet Shutdowns violate freedom of expression per se and without legal justification.
We are happy to assist you in any of these matters.
Sincerely,
Access Now
African Centre for Democracy and Human Rights Studies (ACDHRS)
Association for Progressive Communications (APC)
Article 19 East Africa
Chapter Four Uganda
CIPESA
CIVICUS
Committee to Protect Journalists
DefendDefenders (The East and Horn of Africa Human Rights Defenders Project)
Electronic Frontier Foundation (EFF)
Global Partners Digital
Hivos East Africa
ifreedom Uganda
Index on Censorship
Integrating Livelihoods thru Communication Information Technology (ILICIT Africa)
International Commission of Jurists Kenya
ISOC Uganda
KICTANet (Kenya ICT Action Network)
Media Rights Agenda
Paradigm Initiative Nigeria
The African Media Initiative (AMI)
Unwanted Witness
Web We Want Foundation
Women of Uganda Network (WOUGNET)
Zimbabwe Human Rights NGO Forum
Endnotes
[1] Uganda election: Facebook and Whatsapp blocked’ (BBC, 18 February 2016) <http://www.bbc.co.uk/news/world-africa-35601220> accessed 18 February 2016.
[2] Omar Mohammed, ‘Twitter and Facebook are blocked in Uganda as the country goes to the polls’ (Quartz Africa, 18 February 2016) <http://qz.com/619188/ugandan-citizens-say-twitter-and-facebook-have-been-blocked-as-the-election-gets-underway/> accessed 18 February 2016.
[3] Uganda blocks social media for ‘security reasons’, polls delayed over late voting material delivery (The Star, 18 February 2016) <http://www.the-star.co.ke/news/2016/02/18/uganda-blocks-social-media-for-security-reasons-polls-delayed-over_c1297431> accessed 18 February 2016.
[4] Brian Duggan, “Uganda shuts down social media; candidates arrested on election day” (CNN, 18 February 2016) <http://www.cnn.com/2016/02/18/world/uganda-election-social-media-shutdown/> accessed 22 February 2016.
[5] MTN Uganda <https://twitter.com/mtnug/status/700286134262353920> accessed 22 February 2016.
[6] Tabu Batugira, “Yoweri Museveni explains social media, mobile money shutdown” (Daily Nation, February 18, 2016) <http://www.nation.co.ke/news/Yoweri-Museveni-explains-social-media-mobile-money-shutdown/-/1056/3083032/-/8h5ykhz/-/index.html> accessed 22 February 2016.
[7] Sarah Myers West, ‘Research Shows Internet Shutdowns and State Violence Go Hand in Hand in Syria’ (Electronic Frontier Foundation, 1 July 2015)
<https://www.eff.org/deeplinks/2015/06/research-shows-internet-shutdowns-and-state-violence-go-hand-hand-syria> accessed 18 February 2016.
[8] ‘Access urges UN and African Union experts to take action on Burundi internet shutdown’ (Access Now 29 April 2015) <https://www.accessnow.org/access-urges-un-and-african-union-experts-to-take-action-on-burundi-interne/> accessed 18 February 2016.
[9] Deji Olukotun, ‘Government may have ordered internet shutdown in Congo-Brazzaville’ (Access Now 20 October 2015) <https://www.accessnow.org/government-may-have-ordered-internet-shutdown-in-congo-brazzaville/> accessed 18 February 2016.
[10] Deji Olukotun and Peter Micek, ‘Five years later: the internet shutdown that rocked Egypt’ (Access Now 21 January 2016) <https://www.accessnow.org/five-years-later-the-internet-shutdown-that-rocked-egypt/> accessed 18 February 2016.
[11] Peter Micek, ‘Update: Mass internet shutdown in Sudan follows days of protest’ (Access Now, 15 October 2013) <https://www.accessnow.org/mass-internet-shutdown-in-sudan-follows-days-of-protest/> accessed 18 February 2016.
[12] Peter Micek, ‘Access submits evidence to International Criminal Court on net shutdown in Central African Republic’(Access Now 17 February 2015) <https://www.accessnow.org/evidence-international-criminal-court-net-shutdown-in-central-african-repub/> accessed 18 February 2016.
[13] ‘Niger resorts to blocking in wake of violent protests against Charlie Hebdo cartoons.’ (Access Now Facebook page 26 January 2015) <https://www.facebook.com/accessnow/posts/10153030213288480> accessed 18 February 2016.
[14] Peter Micek, (Access Now 23 January 2015) ‘Violating International Law, DRC Orders Telcos to Cease Communications Services’ <https://www.accessnow.org/violating-international-law-drc-orders-telcos-vodafone-millicon-airtel/> accessed 18 February 2016.
[15] Confirmed elections in Africa in 2016 include: Central African Republic (14th February), Uganda (18th February), Comoros and Niger (21st February), Rwanda (22nd -27th February), Cape Verde (TBC February), Benin (6th-13th March), Niger, Tanzania and Congo (20th March), Rwanda (22nd March), Chad (10th April), Sudan (11th April), Djibouti (TBC April), Niger (9th May), Burkina Faso (22nd May), Senegal (TBC May), Sao Tome and Principe (TBC July), Zambia (11th July), Cape Verde (TBC August), Tunisia (30th October), Ghana (7th November), Democratic Republic of Congo (27th November), Equatorial Guinea (TBC November), Gambia (1st December), Sudan, and Cote d’Ivoire (TBC December). Other elections without confirmed dates are scheduled to occur in Sierra Leone, Mauritania, Libya, Mali, Guinea, Rwanda, Somalia, and Gabon.
[16] Peter Micek, (Access Now 4 May 2015) ‘Internet kill switches are a violation of human rights law, declare major UN and rights experts’ <https://www.accessnow.org/blog/2015/05/04/internet-kill-switches-are-a-violation-of-human-rights-law-declare-major-un> accessed 18 February 2016.
29 Apr 14 | News and features, Politics and Society, Uganda, Young Writers / Artists Programme
(Photo illustration: Shutterstock)
As a master student of Conflict and Development at the University of Ghent, Jos Van Steelandt will write a dissertation on the subject of censorship on and self-censorship within the media in Uganda. Because of his background as a historian specialised in Ugandan media-history and his interest in human rights, he chose this politically sensitive topic. In July, he will be conducting interviews with journalists working in Uganda. He will be keeping Index on Censorship up to date on his research during his trip.
In Uganda, journalists are not only dealing with outright censorship. It seems the government of president Yoweri Museveni is employing a strategy that is aimed at pushing journalists towards self-censorship using a broad range of measures. Although the Ugandan media has a very strong tradition of critical reporting some journalists are probably more prone to self-censor.
The use of force by its security forces serves to stifle critical voices appears widespread. A local human rights organisation, Human Rights Network for Journalists-Uganda, states in its latest report that in 2012 there were 124 violations of press freedom. A staggering 83% of these violations against journalists were committed by state-actors, among which police forces incorporate the large majority of the perpetrators. The structural nature of these violations and especially the contexts of the violations seems to suggest that this would be the result of an active government policy.
Apart from this outright aggression, the security forces in cooperation with the Uganda Communications Commission are able to close down editorial offices, as happened to one of Uganda’s leading newspapers, The Monitor, in 2013. This newspaper, known for its critical stance towards the government, was shut down for a couple of days after publishing a leaked confidential letter by General Sejjusa, which contained very compromising information about president Museveni’s familypresident. This event underlined to Ugandan news organisations that publishing on politically sensitive topics is not without risk.
Security forces also create an atmosphere in which critical reporting is discouraged by arresting journalists arbitrarily. Renowned Ugandan journalist Andrew Mwenda, for instance, was arrested 16 times. Most of the journalists who are arrested, are released shortly after, but the message towards journalists is once again clear.
Uganda’s legal code is another possible cause of self-censorship. Various laws give the government and security forces the possibility to constrain essential freedoms and even contradict the Ugandan constitution. The Public Order Management Bill, the Uganda Communications Act, the Press and Journalist Act and the Penal Code Act contain provisions that can be and are being used to hamper journalists. Journalists are often sued for libel or sedition or get bogged down in other lawsuits concerning their work. Journalists are made painfully aware that critical reporting implies walking the line within this legal framework.
The theory of the ‘chilling effect’ suggests that Uganda’s legal regime creates the possibility to clamp down on journalists and will have negative consequences on their work. This regulatory environment, in combination with the threat of violence and arrest, could make the large majority of journalists working in Uganda less willing to cover sensitive topics or could make them use mitigating discourse in their reports.
This July, I will conduct interviews with journalists of different news organisations working in Uganda. In these interviews, I will ask them for their personal experiences working as a journalist, but also ask them for the stories they think are interesting about other journalists who have had a run-in with the state. These stories, called control parables, that circulate among journalists, can tell us a lot about what journalists consider behaviour that will result in a run-in with the state. It can show us in which way most journalists will censor themselves even though the state hasn’t explicitly told them so. When we lay bare these mechanisms and research why some journalists are more vulnerable to self-censor, we can begin to think about possible measures that donors or NGO’s can take to make journalists less prone to self-censor on politically sensitive but still important issues. These possible measures include providing insurance or legal protection for journalists and campaigning to implement some sort of Chilling-effect principle in the Ugandan legal code. This principle is being implemented in the European Court of Human Rights and can be invoked when a certain law threatens to impose silence upon journalists in cases of politically sensitive topics.
Three more months and I’m off to do my fieldwork in Kampala, Uganda. I will try to bring you the stories of the journalists I interview and share the experiences they encountered working as a journalist in ‘the pearl of Africa’. I’ll keep you posted!
This article was posted on April 25, 2014 at indexoncensorship.org
28 Mar 14 | Africa, News and features, Politics and Society, Uganda
(Photo illustration: Shutterstock)
Ugandans could soon be required by law to love their country. The Patriotism Bill, to be tabled by minister for the presidency Frank Tumwebaze, will require every Ugandan to, among other things, support all government development programs and defend national property. Failure to do so would lead to imprisonment or a fine. The bill would also ensure the establishment of “Patriotism Clubs” in schools to instil patriotic values among pupils and students.
Tumwebaze told the parliamentary presidential affairs committee that if this bill gets enacted into law, it will helping in the fight against a number of societal problems, worst of which is government corruption. “Our constitution demands that Ugandans be patriotic, therefore there is a need for a law to clearly define this obligation,” he said.
However, the move has been labelled a farce by both opposition parties and civil society organisations.
The president of Uganda Peoples’ Congress (UPC) Dr. Olara Otunnu terms it as “utter fraud.” He says that patriotism cannot be a law passed by parliament, but a feeling that comes from inside, appreciating the things that makes you celebrate and be proud your country. “Now unless we say that we should be proud of and celebrate corruption, discrimination, segregation, poverty and brutality, there is no point in being patriotic in Uganda,” Otunnu maintains. He claims the bill is meant to ensure that President Yoweri Museveni is praised across the country.
Renowned Ugandan media personality and social commentator Angelo Izama too disagrees with the idea of compelling Ugandans to love their country. He believes that if the government is indeed serious about patriotism, it should start with respecting the separation of powers among state institutions, and harness the intrinsic values of state symbols to build a stronger national identity.
Others, including Ugandan youth groups, have advised the government that instead of legislating for patriotism, it should create more opportunities for the country’s millions of unemployed young people. Government has in the past years come up with different programs tackling the issue, but these have failed due to corruption among government officials.
Godber Tumushabe, a civil society activist, says that government needs to invest more in social service delivery and overhaul the symbols of state power if it wants Ugandans be proud of, and appreciate their country. While the patriotism debate is raging, the national referral hospital in Mulago recently had its water supply cut off over not paying its water bills, and several children and adult patients recently because the hospital ran out of oxygen. Hundreds of women deliver their babies in the hospital corridors, and tens of mothers and their babies die in childbirth every day.
Prominent Ugandan lawyer and social critic David Mpanga says that government officials call for new laws to hide failure to address real problems, and that existing laws are unenforced due to lack of capacity or poor prioritisation. “How would you measure that love or lack thereof,” he asks.
“Patriotism and the love of a country are important, but they are lacking now for a whole host of social, economic, cultural and political reasons, and not simply because of lack of a law. Parliament can do many things but it cannot make the people love Uganda any more than they do now merely by passing a law,” Mpanga noted.
This article was posted on March 27, 2014 at indexoncensorship.org
26 Mar 14 | Africa, News and features, Uganda
(Photo illustration: Shutterstock)
Under a new set of strict media regulations, all Ugandan broadcasting houses will be required make at least one hour a week fully available for government agents, ministries and other state entities to explain government programs and policies to the public. This will take place on a day chosen by the government, during prime time — defined as anytime between 6am and 10am, or 6pm and 10pm — when listenership and viewership is at its highest.
Authorities from relevant ministries will determine the topic to be discussed, and will also determine the content and questions to be asked by moderators. The government time be will strictly in the form of talk shows, and not just news items. The stations will be obliged to advertise the program three days in advance at their own cost.
The new rules also require radio stations to use live feeds from national broadcaster UBC to give live coverage to national events and the president’s state of the nation address, as well as his speeches on the budget, and Independence and Women’s day. Government officials will also be charged for neglect of duty if they fail to appear on radio or TV to defend government programs. Simon Mayende, the director for information at the Office of the Prime Minister, revealed that the guidelines will be reviewed every six months and that “depending on the circumstances we can relax on them or make them more stringent”.
Mayende presented these new guidelines to the members of the National Association of Broadcasters. “These are rules we have had enough consultations about and have been agreed upon between us and broadcasters and other stakeholders. We have had consultative meetings from across the country,” he said, adding that they don’t expect any of the country’s 250 radio stations or any of its TV stations to disregard the regulations.
Minister for Information Rosemary Namayanja labelled it a good deal because it will help radio and TV meet the Uganda Communications Commission (UCC) requirement to devote 70% of airtime to local content. UCC boss Godfrey Mutabazi said this is nothing new, as even international outlets like CNN and Sky News often find themselves required by the government to devote prime airtime to covering government and national interest stories.
However, civil society and other activists have criticised the move. Executive Director of African Centre for Media Excellence (ACME) Dr Peter Mwesige said that this is total abuse by the government: “Government already has its state media outlets which they have failed to manage optimally, and they are now invading private stations.”
This comes at a time when Minister for the Presidency Frank Tumwebaze, is drafting a Patriotism Bill that will make it mandatory for all Ugandans to love and defend their country. The new broadcasting guidelines are in line with the proposed bill.
This article was published on March 26, 2014 at indexoncensorship.org
