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CHAKULA
Africa ICT Policy Monitor newsletter from the APC
Issue No. 9, April 2004: Focus on the 'Kenya ICT Week'
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1. Editorial
2. Main feature 'Kenya's draft ICT policy and strategy negates development
goals'
3. Setting aside all the pomp and talk, what was the added value of the
convention?
4. CTO/WSIS Conference, 'A brief review'
5. Implementing The WSIS Action Plan Conference, 'What was achieved?'
6. Selected Papers/Presentations from the Kenya ICT Convention
7. Selected Papers/Presentations from the CTO/WSIS Conference
8. APC Comments on the First Draft National ICT Policy for Zambia
9. Other news, resources and notices from the Monitor
10. Subcribing to 'Chakula'
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1. EDITORIAL
In this issue of Chakula, we focus on two recent events, the Kenya National
ICT Convention and a conference on the implementation of the WSIS action
plan –held in Nairobi, Kenya in late March 2004- organised by the
Commonwealth Telecommunications Organisation (CTO) and dubbed "Kenya ICT
Week". The National ICT Convention was intended to provide a platform to
develop a comprehensive national ICT strategy while the CTO conference was
intended to find ways of practical implementation of the WSIS plan of action.
Chakula this month presents some insights into the general outcomes of the
forums beyond the official declarations and press releases. In particular
we take a special note of the Kenya ICT convention that brought together
many key players in the Kenya ICT sector to analyse some key issues of
Kenya national ICT policy as well current dynamics taking place in the
county around policy formulation and strategy development.
We also include observations from other participants at the Kenya ICT week
and some of the key presentations made at both forums, with annotations and
highlights about the presentation and/or speaker as none of this material
is currently available online.
Finally you will also find comments made by APC in response to the first
draft national ICT policy for Zambia released in November 2003, alongside
comments by others.
APC Africa ICT Policy Monitor Team
http://africa.rights.apc.org
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2. 'KENYA'S DRAFT ICT POLICY AND STRATEGY NEGATES DEVELOPMENT GOALS'
Kenya recently held a national ICT convention aimed at bringing together a
wide group of stakeholders to discuss Kenya's information and
communications technology (ICT) policy and most importantly work towards an
implementation strategy. The convention was organized by the Kenya ICT
Federation (KIF),a body incorporating many private sector organizations
involved in the sector such the Kenya Private Sector Alliance (KEPSA) and
the Kenya ICT Board that was recently formed to try and incorporate all the
main actors including civil society organizations.
The convention was held in Nairobi, Kenya at the end of March over a 3-day
period and was funded by Canada's International Development Research Centre
(IDRC) and had received endorsement from the highest office in the country,
with a minister from the Office of the President presiding over the opening
ceremony.
Taking a close look at the profile of the organizers of the convention,
observers could not help thinking that the presence of a large numbers of
private sector organizations coming together to talk about ICT policy and
strategy would be enthusiastically supported by the government, which has
been focusing its ICT policy strategy on the support of private sector
initiatives. However, not even the business groups present were happy with
the government's ill-coordinated, non-inclusive attempts to draft a
national ICT policy and the recent piecemeal introduction and haste to move
towards implementation of scattered, under-resourced ICT projects.
Few of the groups present –particularly the civil society and community
groups whose interests and efforts have been ignored in government plans-
were convinced by the organizers calls not to get bogged down in analysing
the current policy position and instead to focus on developing a strategy
for implementation.
Will the current ICT policy draft please stand up?
As various speakers talked about the current national policy, many were
surprised to hear that the draft national ICT policy released in late 2003,
just prior to the World Summit on the Information Society in Geneva had in
fact been updated and reviewed and that a 'new' draft was in circulation.
The 'new' draft had been issued sometimes in February but only circulated
to a select few on the 'need to know' basis said Charles Nduati, the
Executive Secretary of KIF. Delegates demanded to know why they had come to
a forum intended to provide a platform to develop a comprehensive national
ICT strategy when the latest draft of the policy document had not been made
public.
Demands to have the new document copied and distributed were turned down by
the conference organizers who indicated that since the document was
labelled 'confidential' they could be arrested for distributing a document
that had not been officially released for public distribution. Efforts to
query the government representatives present at the convention as to the
status of the latest version of the ICT policy did not bear fruits either
and incredulous delegates were advised to contact the relevant ministry and
demand a copy as "tax-paying citizens who have the right to access public
policy documents".
Features of the current draft framework
A presentation on the 'confidential' version of the national ICT policy
illuminated conferencists on important questions regarding the current ICT
policy and thereby forming the basis for next steps - strategies for
implementation. The salient features of ICT policy framework were presented
at the opening of the convention by Mike Eldon who also serves as the
Chairman of KIF:
* Kenya's key policy documents fail to incorporate the role of ICT as
an enabler of various goals included in government plans to transform the
country into a Newly Industrialized Country (NIC) by the year 2020, and as
an enabler of national programs to reduce poverty and promote economic
recovery.
* The Kenyan government has been slow to formulate and implement ICT
policy and it is only recently that the government announced an
e-government strategy.
* The ICT policy formulation and implementation strategies vacuum has
been filled by efforts from the private sector and civil society actors.
* Current policy defines the role of government as the principal
policy-making authority while the role of private sector is relegated to
one of operator and civil society is somewhat lost in the middle.
* The current policy framework defines the main policy issues in terms
of economic impact, liberalization of certain key sectors, e-commerce,
e-government and human resource development.
Without dedicating any time to discuss the current draft and issues of
concern, Mike Eldon indicated the need to move discussions onto policy
implementation or strategy formulation as the key to getting anything done
when so many are looking for results.
So the convention mirrored the problem of Kenya's ICT policy. At the heart
of the matter is government's failure to address ICT policy and strategy in
a cohesive and comprehensive manner. The current draft policy apart from
not being publicly available is said to be lacking in many areas. There is
no clearly-defined strategy and day-to-day activities by the government are
not sending a clear message on a common vision for all.
Failure of policy and strategies to see beyond the private sector
This position is not helped by the latest move by government policy to
prioritise economic development in the (questionable) belief that economic
growth will automatically result into significant social development. A key
example is that the government, in pursuit of attaining Newly
Industrialised Country status by the year 2020, is focusing on the private
sector as the country's "engine of growth" and thus putting in place major
policy frameworks for enabling enhanced private sector participation in the
economic growth of the country . However, many claim that in reality the
frameworks are not actually private sector-friendly as government has not
taken action on some of the major policy issues that private sector has
been lobbying on the government to act upon. Sammy Buruchara of the
Telecommunications Service Operators Association of Kenya cited a case
where private sector inputs to the ICT policy were ignored. At the same
time there is also the feeling that current government policies and
activities are geared towards appealing to foreign investors with little
regard at local investors, a fact confirmed by both Brian Longwe of Africa
Internet Service Providers Association and Bill Kagai of Circuit and
Packets and the Free and Open Source Foundation of Africa (FOSSFA).
At the same time, the role of civil society organizations and other
community development projects is ignored by the current policy framework
and strategies. For instance, the latest initiative by the government on
e-government strategy with no mention of civil society involvement.
Over-ambitious e-government strategy
There are approximately 4,000 computers in the whole of the Kenyan
government. That's a ratio of one computer for every 60 civil servants!
Occupying a key position on the podium, Mr Peter Gakunu, a government
representative and advisor to the cabinet moved on to talk about Kenya's
latest initiative. an 'e-government strategy', aimed at applying ICTs to
transform the efficiency, effectiveness, transparency and accountability of
exchanges within Government, between Government and citizens and businesses
locally and abroad, was released in March 2004 and is supposedly ready for
implementation.
The glossy booklet distributed to all delegates outlined ambitious plans,
including the delivery of all published material into the public domain
through relevant government and departmental websites and the networking of
all ministries and departments. While all this seemed well-intentioned,
what was thrown into relief was the government ad-hoc approach to ICT
policy and implementation strategies. Kenya is rushing into a complex
e-government strategy without having first finalised a national ICT policy.
And it appears the government is already getting tripped up by their haste.
The minister admitted to the convention that it's seeing that "ICT skills
in government are inadequate indicating a serious capacity problem for
effective roll out of [the] e-government strategy".
Moving ahead with implementation without a human resource development
strategy running in parallel will only result in failure or wastage of
funds as government will end up having to fund additional training for
civil servants which could have been avoided if ICT literacy has already
been provided as part of a national ICT plan.
ICT and economic growth
The Economic Recovery Strategy (ERS) has been THE buzzword coming out of
the 2003-2007 Economic Recovery Strategy For Wealth and Employment Creation
aimed at spurring growth, including creation of job opportunities and
wealth. Dennis Kabaara of the Institute of Economic Affairs criticized the
government for once again looking at ICT as a sector, instead of a
development enabler, and thus proposing certain growth and financing
indicators for the sector.
In his presentation, Kabaara pointed to five key growth sectors in the ERS
and the average growth per annum projection during the five-year strategy
period of 5.0% in the ICT sector. In comparison, the Kenya investment
programme data for the same period shows only a 0.27% planned investment
into the ICT sector.
From an investment point of view there is no way to explain how the 5.0%
sustained growth would be achieved with an investment of a mere 0.27% of
which only about half of the funds are available, meaning the actual
investment could be less than 0.15% going into ICT of the overall
investment expected to be injected into the Kenyan economy between
2003-2007. This indicates inconsistencies of government's understanding of
the potential of ICT contribution to economic growth, said Kabaara.
Kabaara placed emphasis on how Kenya's national policy and strategy focused
on ICT as a sector, thus placing efforts on the development and
strengthening of ICT-service provision industries (telecommunications and
ICT-enabled services) instead of adopting a conscious policy towards
promoting ICT as an enabler to socio-economic development.
Again backed up by statistics, Kabaara demonstrated that more than 90% of
Kenya's population lived in rural areas outside Nairobi and thus focusing
on ICT as a sector would only have impact on the urban population which has
access to ICT services. He said Kenya would only achieve the development
goals especially those of the Kenya's Poverty Reduction Strategy by taking
a crosscutting approach to ICTs, and not addressing ICT as a separate
sector. Such an approach would ensure "ICT is mainstreamed within all
sectors, without marginalizing any groups such as gender and pastoralists".
Kabaara concluded his presentation by calling for a holistic ICT policy and
strategy driven by national development goals, "Is there a pro-poor
national ict strategy or policy?" he asked.
Kenya's draft policy and strategy compared to other countries
An interesting comparison of Kenya policy situation with other countries'
was presented by the Kenya Institute of Public Policy Research and
Analysis. The review supported the observation that Kenya's current draft
policy lacks a single vision that harmonizes the efforts of the public and
private sector, civil society entities and communities. It also revealed
that some key issues (infrastructure development, human resource capacity
building and dealing with the digital divide) have been poorly addressed
and that government had not paid sufficient consideration as to how ICT
initiatives will be funded, again corroborating economic data demonstrating
the under-funding of ICT investment.
The private sector caught up in the narrow perspectives of ICT as a sector
Private sector operators at the convention though enthusiastic about
pinning the government down in order to finalize national policy seemed
somewhat caught up in the narrow perspective of ICT as a sector and
assuming that growth in ICT-enabled services will lead to or is equal to
economic and social development.
While private sector organizations are doing a great job in lobbying
government to move fast in policy implementation, their biggest single
failure is that they have a tendency to forget about the wider development
paradigm in their lobbying strategies.
There was a heavy presence of private sector operators at the conference
but their presentations all focused strongly on lobbying government to
implement policies that create an enabling environment for the delivery of
ICT services. No wonder the government is turning a blind eye to demands by
the private sector. One government delegate having being cornered as to why
the government was inept at implementing ICT policy replied that government
"cannot formulate and implement policy that is largely driven by private
sector concerns" and appeared to indicate that private sector concerns were
too skewed towards improved service delivery and profit-making and with
little regard to the development agenda.
A presentation by the telecommunications service providers association
(TESPOK) raised some concerns around failure of government to include
private sector in policy formulation and lamented that neither the policy
draft of 2003, nor the new 'confidential' draft included private sector input.
It is worth mentioning that some key elements of private sector
organizations were noticeably absent from the convention. For instance, the
Computer Society of Kenya, which has been actively lobbying for policy
reform in Kenya, was absent. One cannot help wonder why miss such an
opportunity to network and find synergies with other stakeholders in this
important process. Perhaps CSK were in a meeting to talk about the World
Summit on the Information Society (WSIS) and the role of African private
sector organizations with the secretary general of the Coordinating
Committee of Business Interlocutors (CCIB). Given the nature of
contributions and interests pushed by CCIB at the WSIS processes which
mostly favour private sector interests in developed counties sometimes at
the expense of developing countries, Kenya's private sector organizations
might be better off aligning themselves with the government and civil
society entities as far as the WSIS process is concerned.
All in all, Kenya's private sector could consider reaching out to a wider
and more diverse group of constituents to achieve better results in the
lobbying to government on policy formulation and strategy, as well as begin
to take a broader view of ICT as an enabler to development, and not merely
an industrial sector.
Civil society organizations fail to reach out to other stakeholders
Civil society participation at the forum was noticeably very poor in
comparison to private sector actors and government representatives. A
hand-count indicated less that 10% of the delegates came from civil society
organizations and the numbers present fluctuated widely throughout the
duration of the convention.
While the importance of involving all stakeholders in key policy processing
is constantly espoused, one cannot help wondering why civil society numbers
were so low at this convention. Was it because civil society organizations
were not informed? Was it because there was a registration fee to attend?
Is civil society itself not aware of the importance of being part of ICT
policy formulations?
One of the key organizations involved in ICT policy did present their work
and key activities undertaken by civil society around policy processes in
particular related to the WSIS. The Kenya WSIS Civil Society Caucus
secretariat –based at APC member in Kenya, Arid Lands Information Network
(ALIN-EA)- presented details on how the caucus has been operating and
results achieved at the World Summit in Geneva as well as a local workshop
on ICT policy held the previous year .
However, while that work is laudable, it has been mainly carried out by is
a very small group of civil society organizations who are actively involved
in the ICT sector. Civil society organizations and NGOs not working
directly with ICTs, such as those working in health, trade, micro-finance,
agriculture and so forth, do not yet recognize how ICT policy impacts on
their work, or when they do have not been working closely with those
organizations already lobbying around ICT policy issues. Such a scenario
has only perpetuated a culture wherein many organizations feel they are not
part of a process or do not need to act on ICT issues because they are not
directly involved in the sector.
Civil society organizations working specifically with ICTs have a
responsibility to reach out to the wider communities and have them attend
workshops or related activities to create awareness on the role of ICT as a
development enabler and thus discuss ways in which all can work together to
lobby government action on ICT for development. It is only then that civil
society will be able to work collectively with other sectors such as the
private sector to lobby government to develop a progressive policy
framework and strategies for the nation.
Africa ICT Policy Monitor Team
http://www.apc.org/english/rights/africa/
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3. 'SETTING ASIDE ALL THE POMP AND TALK, - WHAT WAS THE VALUE ADDED OF THE
CONVENTION?'
The Kenya National ICT Convention was billed as a milestone event in the
development of the Kenyan ICT sector, an opportunity to move the ICT agenda
forward. A coming together of the private sector with representatives of
the government, civil society, academia and development partners to get to
know each other, to see who's doing what, to partner, to support and to
synergise. The question then is, setting aside all the pomp and talk, what
was the value added of the convention?
* The convention was broken down into several sessions addressing specific
issues including,
1) Sector polices and ICT
2) National ICT strategy, including
o The strategy and e-Commerce
o The strategy and human resources
3) National ICT infrastructure
4) ICT projects: Investment opportunities
5) ICT professional bodies
Working for a Ugandan women's NGO myself (Women of Uganda Network -
WOUGNET), I was particularly interested in the gender issues in the Kenyan
ICT sector, particularly in the draft policy document. I had the
opportunity to speak to Constantine Obuya, Executive Director, African
Centre for Women, Information and Communication Technology – ACWICT about
her impressions of the convention. My focus was on the gender issues in
relation to ICT. The intent was to draw a comparison between the gender
inclusiveness of Kenya and Uganda ICT policy, but therein lay the greatest
setback of the convention.
The guidelines for any sector are drawn up in the national policy document
for the sector. In Kenya, the ICT Policy is not developed and adopted yet,
but the problem is a lack of transparency and multi-stakeholder
participation in the development process, in sharp contrast to the process
in Uganda. It thus turned out to be an effort in futility as most of the
participants had not seen the draft ICT policy and were frustrated in their
inability to get a copy of the same. Ms Obuya had seen an earlier draft, at
a time when stakeholder contributions had first been sought, however, was
dismayed to later learn that the initial draft had been discarded and
another draft developed for which stakeholder contributions were not
actively sought. "I can not comment on the gender inclusiveness of the
draft policy because I haven't seen what is in the current draft. I know
the Ugandan version includes gender sensitive language, although I haven't
read it in detail, but it is in the public sphere."
Other short falls of the convention included, domination by service
providers in the private sector, limited input from the government (the
Kenyan minister responsible for this sector conspicuous by his absence) and
limited speaking opportunities for the civil society and academia, with the
important role of the media largely ignored.
But, it wasn't all bad. It was a great opportunity for multi-stakeholder
interaction to contribute to the development of a comprehensive national
ICT strategy. As Ms Obuya put it "The convention was well organized and
attended, a great networking opportunity and good presentations from
influential speakers, from within and outside Kenya."
Disclaimer;
The writer's scope and depth of reporting on the convention is limited by
the fact that he was only able to attend one day of the three-day event.
Milton Aineruhanga
Program Officer – WOUGNET
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4. CTO CONFERENCE – IMPLEMENTING THE WSIS ACTION PLAN 'A BRIEF REVIEW'
Speaking at the opening ceremony of the Commonwealth Telecommunications
Organisation (CTO) conference on 'Implementing the WSIS Action Plan' held
in parallel with Kenya ICT week, the CTO Chief Executive, Dr. Ekwow
Spio-Garbrah, noted that the conference was an opportunity to "provide all
of us with a better understanding of the way forward for the adoption of
respective national and institutional strategies to bridge the digital
divide and to make the information society a reality, throughout the
African continent and beyond."
The Road Map
The conference proposed a road map as a support programme to deliver
WSIS/MDGs (Millennium Development Goals) compliant country ICT action
plans. Recognising various developmental challenges posed by ICT explosion,
and consequent global response to these challenges in the form of
initiatives such the MDG, NEPAD and the WSIS process.
The envisaged action plans would occur at different levels within countries
covering policy, legislative and regulatory aspects and thus resulting into
operational plans. At the regional level, this would involve coordination
of policies, strategies, plans and programmes, while the international
level would cover harmonisation of programmes, including procedures of
donor agencies as well as fund mobilizations and coordination.
Key presentations delivered
The conference, broken down into six sessions running over the two days
addressed various specific action plan implementation issues such as
challenges faced by policy-makers, regulators, development partners,
private sector and civil society organizations. The role of private
financial institutions and capital markets was also explored.
Key government inputs included the reiteration by Hon. Cornelius Adebayo,
Nigeria's Minister of Communications, of their intention to launch a
satellite by 2007. "Nigeria is committed to the WSIS action plan and is
pursuing such measures as introduction of national ICT education programmes
especially for rural areas where the private sector is less likely to invest".
In Senegal, Hon. Mamadou Diop, Minister of Information, recognised that
Africa missed out on the benefits of the industrial age, but must not miss
out in the information age. He emphasized that Africa could not benefit
from the information revolution in seclusion and there was a need for a
joint effort at the global level, hence the need for the digital solidarity
fund. He concluded that the digital divide would not be bridged until the
capital divide was addressed.
Hon. Michael Warikhe, Uganda's Minister of State for Communications noted
that ICT is a priority area for funding in the national Poverty Eradication
Action Plan – PEAP. He said that the ICT policy for Uganda, developed along
the lines of the WSIS declaration of principles and action plan, included,
the establishment of telephone and Internet points of presence in all
districts by 2005, recognise the important role of community radio and the
political will and commitment to create an enabling environment for the
private sector investment in ICT.
Echoing the need for a conducive environment, Hon. Albert Kan-Dapaah,
Ghana's Minister for Communications and Technology recognised that the role
of government has evolved from being a player in the market place to being
an enabler for social and economic development.
Leading the Regulators, Ernest Ndukwe, Chief Executive of the Nigeria
Communications Commission and Chairman of the West African
Telecommunications Regulators Association – WATRA noted that the WSIS
Action Plan is designed to extend the benefits of ICT to all nations,
communities and people of the world. However the challenges include;
limited infrastructure development, prevailing policy and regulatory
framework, a lack of political will and limited regional cooperation.
Patrick Masambu, Executive director of the Uganda Communications Commission
laid out the regulatory innovations Uganda has developed to overcome these
challenges. To implement the WSIS action plan, he suggested that each
country should develop a country level strategy, develop the
infrastructure, and ensure universal access.
Mr. Masambu gave some examples from Uganda including;
- The ICT infrastructure strategies include adoption of technology neutral
policies, fully liberated markets, but include network rollout obligations
in operator licenses.
- The universal access policy includes provision of services in rural and
underserved areas and the establishment of a universal access fund.
- Capacity building strategies include support basic ICT training centre in
every district, and gender mainstreaming in all policies.
- Awareness initiatives include quarterly media briefing on the status of
the sector. Furthermore, no policy is made without multi-stakeholder
consultations.
- Local content creation is promoted through district information portals
and support translation of IT content into local languages.
Brian Longwe of the African ISP Association – AfrISPA, suggested that key
action lines of the WSIS action plan, information and communication
infrastructure, access to information and knowledge and creation of an
enabling environment would remain a mirage until true independence of
regulators, free from "political interference", acting as a facilitators
rather than inhibitors with swift and decisive regulation that is
futuristic and technological neutral.
Nadia Hegazi, advisor to the Egyptian Minister of Telecommunications and IT
recommended active development of information systems, research and
development and training of trainers and regulators as part of capacity
building.
Mohammad Shahid Uddin, Co-ordinator of the Bangladesh ICT for Development
Programme suggested the creation of a global watchdog body for the
implementation of the WSIS action plan. Its role would include designing
evaluation modules, resource mobilization and networking among the global
ICT initiative.
On the role of civil society, John Dada Chairman of the Fantsuam
Foundation, Nigeria reminded participants that the WSIS process is about
people. "There has been so much talk about hardware and software, but not
about the 'people-ware'", he said.
Eric Osiakwan, Executive Director, Ghana New Ventures Competition noted
that individuals working for civil society organisations claim to speak for
the marginalized, but if one is not marginalized, how can one know their
needs? He proposed the creation of a forum to be made available for the
voice of the marginalized to be heard.
The Coordinator of the Africa ICT Policy Monitor Project of the Association
for Progressive Communications, Alice Munyua stressed the key focus areas
in the implementation plan, capacity building, awareness, and a locally
driven advocacy campaign as well as continued support of national champions
lobbying for a progressive ICT policy.
For its part, the African Centre for Women, Information and Communication
Technology represented by the Executive Director, Constantine Obuya,
announced that they would be organising an African Regional Conference on
Women and ICT – A Road Map to Tunis 2005, to be held in September 2004.
Finally Chris Kabwato, Director Highway Africa presented the Highway Africa
virtual news agency composed of journalists across the continent that
report on the African ICT story and of their current activities that look
into building synergy between research, training, conferences and policy
development.
Conclusion
At the closure of the conference, the CTO Chief Executive described the
roadmap as an effective tool for all stakeholders to overcome the obstacles
faced by African stakeholders in the implementation of the WSIS action plan.
It was noted that the CTO's roadmap is intended to serve as a strategic
guide, particularly for developing nations, to prepare for the second phase
of WSIS in Tunis, 2005, and further meet the development targets agreed by
the international community. It is based mainly on the premise that
achieving development through ICT in each country requires countries' total
compliance with the action lines agreed in the plan and their ability to
commit national resources and secure additional funding within the
recommendations of the plan. It also requires effective national measures
to implement an all-stakeholder inclusive development strategy through
international cooperation, cross-border initiatives, national stakeholder
partnerships and best practice.
At the conclusion of the conference, delegates approved by consensus "The
Nairobi Accord", and thus resolved to encourage all stakeholders involved
in the WSIS process to familiarise themselves with the requirements of the
WSIS Action Plan, especially as they relate to the fulfilment of the
Millennium Development Goals (MDGs).
The Nairobi Accord also called upon all stakeholders in the ICT development
process to support the further development of the CTO Roadmap and any other
relevant new initiatives, utilising them as instruments and mechanisms for
facilitating the capacity of developing countries in their efforts to
achieve MDG/WSIS objectives.
Milton Aineruhanga
Program Officer - WOUGNET
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5. IMPLEMENTING THE WSIS ACTION PLAN CONFERENCE - WHAT WAS ACHIEVED?
The WSIS/CTO conference was a highly publicised conference for
policy-makers, ICT activists and private sector organisations, hosted by
the Commonwealth Telecommunications Organisation at the Safari Park Hotel,
Nairobi, 25-26 March 2004. and was meant to reassess the outputs and
project themes of the World Summit on the Information Society (WSIS) held
in Geneva in December 2003 and act as a follow-up focusing on
implementation and best practices.
The programme had indeed been tailored to debate on these matters
culminating in what was dubbed the 'Kenya ICT Week'. The programme included
sessions on the challenges for policy-makers, regulators, the private
sector, financing the WSIS action pan and the role of civil society.
Key government inputs focussed on national level attempts to put in place
national e-strategies. Nigeria presented its national ICT education
programmes for rural areas. Uganda's priorities that fall within the
national Poverty Eradication Action Plan – PEAP. Senegal continued to lobby
for a digital solidarity fund, which had resulted in a stalemate during the
WSIS Geneva debates. Some of the policy makers, most notably Uganda's,
asserted the importance of giving recognition to the role of community
radio and the political will and commitment to create an enabling
environment for the private sector investment in ICT.
Revisiting old ghosts and hoping others will go away
All in all the policy makers did not present a clear picture or plan on the
implementation processes for WSIS. With the exception of Uganda, most other
countries were still lobbying for issues that had not been addressed during
the first phase of the WSIS. Attempts to discuss contentious WSIS issues
such as internet governance and financing were ignored. For example on the
issue of internet governance, given the fact that that the working group
deliberations were taking place in New York (Global Forum on Internet
Governance) in parallel to the CTO/WSIS Conference , the ICANN
representative present reiterated that ICANN does not deal with policy
issues and could therefore not adequately provide any insights into the
issues at stake or how they would affect the WSIS implementation process.
On issues such as free and open source software and recent developments in
Africa -an example being the case of Microsoft that is now involved in
offering free gifts to various African leaders and development agencies in
return for contracts with African governments- were not discussed even when
raised by civil society organisations (CSOs) present. CSOs reiterated the
illegality of these deals and Bill Kagai, coordinator of the Free and Open
Source Software Foundation for Africa (FOSSFA) called them a Trojan horse,
adding that most of these deals will be geared towards creating monopolies,
which in places like the US and Europe would be illegal. Some of the
private sector organisations did not welcome any discussion on the issues
of free and open source software at all.
Limited civil society presence
Despite an attempt by the convenors of the Nairobi Convention to adopt the
ITU multi-stakeholder approach, by inviting private sector and CSOs to make
formal presentations, there were again many barriers to effective CSO
participation. The conference registration fees were prohibitive and as a
result very few CSOs that have been engaged with the WSIS process were able
to attend. As a result CSO participation was limited and not as effective
and work still needs to be done to strengthen the instruments, which will
guarantee that CSO presence and taken seriously, particularly within
ongoing national level processes in Africa.
People-ware not hardware
John Dada, director of the Fantsuam Foundation, Nigeria, and a member of
APC, articulated civil society concerns with the WSIS plan of action. He
reminded participants of the concerns regarding the lack of support for the
WSIS principles and plan of action that indicated a commitment towards
building an equitable world. He said that WSIS should get to a level "where
it's not so much about hardware and software or technology, but about the
people-ware ". The current WSIS position, he said relies on market
mechanisms to build much-needed infrastructure and doesn't challenge the
ongoing subsidisation of northern trade interests and inequalities between
north and south. He said that change would require political will and
pro-active regulation. For WSIS to succeed it will require ensuring equal
opportunities and a major shift in global economic imperatives and values.
Other CSOs that attended reiterated the impossibilities of a debate on
information society without considering who owns information, who controls
its production and dissemination, and whose interests that information
ultimately serves.
CSO articulated positions based on the WSIS Civil Society Declaration ,
which was unanimously adopted by the WSIS civil society plenary on 8
December 2003. The declaration contains an alternative vision of an
information society that truly puts people first, that holds that
information and communication are inseparable, and that points to
alternative ways of building an information society. -. This, APC
articulated is what most CSOs will base their implementation plans on as
opposed to the official plan of action which if implemented could limit the
freedoms needed for using ICTs for social justice and sustainable development.
The second phase of the WSIS is unlikely to offer an opportunity to rethink
-broader questions. But momentum gathered at the WSIS should be carried
forward, regardless of the official WSIS conferences (the second and last
of which will be in Tunis in 2005), towards other processes, including at
national levels, to deepen our understanding of the issues and build wider
coalitions. In the medium-term, progress will depend largely on the
capacity of civil society, working in collaboration with others, to develop
credible, realistic alternatives to the current paradigms to build an
information and communication society that puts the people and not the
technology first.
The national level is still where most people feel the impact of change
The importance of the national level processes is a lesson that the WSIS
might usefully have been taken to heart. And even if there is just a small
amount of evidence that the Summit has created a momentum as acknowledged
by CSOs including APC , the national level is still where most people
identify and feel the impact of change, and it is the level at which they
organise together, the level at which most policy decision-making is
carried out, and the level at which governments can be influenced and
persuaded as to how to proceed in global and regional fora.
There is therefore an urgent need for African CSOs to get engaged with the
establishment of comprehensive implementation strategies for creating
information societies, which articulate a national vision. These strategies
should be premised on the need to see information and communications
technologies operating across a broad spectrum of development and social
justice, avoiding the common fallacy of thinking of ICTs in terms of
strictly relevance to technology-based sectors of the economy.
Many organisations, such as the APC, used the opportunity of WSIS for
building the capacity of civil society to engage in ICT policy advocacy.
APC developed a ICT Policy Training Curriculum , an ICT for beginners
manual , and a guide to conducting national policy consultations . Demand
for the training has been overwhelming and APC is looking at introducing
the curricula in universities in some African countries.
APC's implementation plan will therefore focus on enabling civil society
organisations to plan and carry out well-informed advocacy strategies, to
collaborate better with the media and the private sector as partners,
-communicate with each other more effectively and in this way have more
social impact. APC is also working to promote the free and open source
software movement and creating better maps of civic cyberspace.
CTO roadmap is a possible way forward
At the end of the conference, a roadmap proposed by conference hosts, CTO,
for implementing the WSIS action plan was presented and approved. The
roadmap is meant to help countries implement the WSIS recommendations at
national level as well as linking it to the Millennium Development Goals.
It is also intended to be a tool for international organisations and
financial institutions for the identification of areas of possible support,
provides help to other ICT stakeholders in each country to more readily
identify support needs, and serves as a strategic guide, particularly for
developing nations, to prepare for the second phase of WSIS in Tunis.
References:
1. Civil Society Summit Declaration " Shaping Information Societies for
Human Needs"
Adopted by the WSIS Civil Society Plenary, Geneva, 11 December 2003.
http://www.worldsummit2003.de/download_en/WSIS-CS-Decl-08Dec2003-en.pdf
2.Global Forum on Internet Governance
http://www.unicttaskforce.org/sixthmeeting/
3. Whose "information society"?
http://www.apc.org/english/about/history/english.shtml?cmd[384]=i-575-17983
4. "ICT Policy for Civil Society" Training Curriculum,
http://www.apc.org/english/capacity/policy/curriculum.shtml
5. ICT Policy: A Beginner's Handbook.
http://www.apc.org/books/policy_handbook_EN.zip
6. Guide to Organising a National Consultation on ICT Policy.
http://www.apc.org/english/news/index.shtml?x=12828
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6. SELECTED PAPERS/PRESENTATIONS THE KENYA ICT CONVENTION
Papers/Presentations with brief annotations
* Towards a national ICT strategy: by Mike Eldon, Chairman, Kenya ICT
Federation (KIF)
The presentation goes through the background on Kenya's ICT policy
formulation, role of various stakeholders and finally proposes mechanism
for moving forward with strategy development. An analysis of this paper was
in the main feature of Chakula issue No. 9. 2004.
http://africa.rights.apc.org/resources-content.shtml?x=18948
* E-Government strategy for Kenya: by Peter Gakunu, Adviser to the Cabinet,
Office of the President.
This presentation covers the process towards the formulation of Kenya's
e-government strategy, with details on proposed activities including
partnerships and challenges expected. You will also find some information
on expected impacts, way forward and opportunities for the private sector
as this group formed the bulk of the participants at the convention.
Interestingly there was no mention of any role for civil society or
community groups on e-government strategy – how sad!
http://africa.rights.apc.org/resources-content.shtml?x=18949
* Summary results of consultations & research by ARCC: Paper presented by
Mark Matunga (Rev), Senior Consultant, Africa Regional Centre for Computing
This presentation covered the results of a survey funded by IDRC and
conducted by Africa Regional Centre for Computing. The survey was in the
form of a rapid appraisal of ICT policy initiatives in Kenya, in view of
interviewing key organizations with regard to their roles in policy
formulation.
Key findings were presented and the conclusion indicated that what was
lacking in Kenya was a centralized coordination of ICT policy formulation
and implementation. It further suggested that all ICT sub-sectors and
stakeholders should come together to build consensus and create a critical
mass that can push the policy process forward.
Some mention of the presentation is also included in the main feature of
Chakula.
http://africa.rights.apc.org/resources-content.shtml?x=18950
* Kenya's competitiveness: Presented by Julius Kip'ngetich, Executive
Director, and Investment Promotion Centre.
Mr. Kip'ngetich did present a wonderful background and current status with
regard to Kenya's position in the world in terms of competitiveness as an
investment choice. While the presentation is heavily focused on investment
cum economic data, it covers clearly various factors that are hindering
Kenya's ability to attract investment and highlighted key ICT factors such
as high costs of telecommunications that contributed to adversely to costs
of doing business. In particular he noted the costs of making international
telephone calls from Kenya or to Kenya are exorbitantly high as compared to
other countries that investors might be potentially looking at.
http://africa.rights.apc.org/resources-content.shtml?x=18951
* The UN's Millennium Goals and ICT – The case of Uganda, by Dr Johnson
Nkuuhe, Member of Parliament, Uganda.
Dr. Nkuuhe is always a pleasure to listen to and his presentation really
did go through a number of issues very relevant to Kenya and especially in
linking the role of ICTs as a development enabler. Among some very
interesting comments from his presentation was at the start where he
reiterated the fact that ICT was not just about computers or services, it
has more to do with knowledge and content upon which technology enable
their utilization.
It was also very interesting to hear him go through Uganda's process in ICT
policy formulation and highlight some key lessons that those going through
the process should take heed. He concluded with a number of suggestions
among them the need to share knowledge and information among key
stakeholders in nation building.
http://africa.rights.apc.org/resources-content.shtml?x=18952
National ICT Strategy
* "Top-Down" or "Bottom-Up"? Locating ICT Strategy in Kenya's Growth,
Equity & Poverty Reduction Agenda: Dennis Kabaara, Executive Director,
Institute of Economic Affairs
Kabaara's paper focused on rethinking ICT policy and strategy formulation
in the context of economic growth, equity and poverty reduction agenda or
in simpler words ICT policy and strategy from a development agenda
perspective. An analysis of his presentation or contribution to the
convention is covered in the main feature of this edition of Chakula. In
addition, his presentation included a detailed sector-by-sector
(agriculture, education, health, and so forth) comparison of the economic
recovery strategy, the poverty reduction strategy program and the
investment program.
http://africa.rights.apc.org/resources-content.shtml?x=18953
* The National ICT Policy: The missing bits; by Aquinas Wasike, Second
Vice-Chair KIF; Managing Director, LanTech.
This paper really analysed the 'new' ICT policy draft from a private sector
perspective, nonetheless it offers a basic coverage of what is in the
'confidential' draft policy.
http://africa.rights.apc.org
* ICT - Current Policy Issues: by Sammy Buruchara, Chairman, TESPOK
This was another interesting presentation from the private sector
perspective on current ICT policy issues in particular; the presentation
covers the issue of liberalization and ensuring fair competition amongst
operators in the country.
http://africa.rights.apc.org/resources-content.shtml?x=18954
* National ICT Strategy and Infrastructure, Comparing Kenya with her
Competitors, by Dr Eric Aligula, KIPPRA and Dr. Katherine Getao of
University of Nairobi.
This was another of the interesting papers comparing Kenya with South
Africa, Mauritius, Malaysia and India. An analysis of the presentation has
been covered on the main feature of Chakula.
http://africa.rights.apc.org/resources-content.shtml?x=18956
* Involving civil society in ICT policy: Paper by Emmanuel Njenga Njuguna,
Co-ordinator, Africa ICT Policy Monitor Project, Association for
Progressive Communications (APC)
Main focus of the paper was the role of ICT in development and importance
of involving civil society in ICT policy formulation and implementation.
http://africa.rights.apc.org/resources-content.shtml?x=18957
* Convention Declaration: The Roadmap for Kenya's National ICT Strategy,
James Gachui, First Vice-Chairman, Kenya ICT Federation; Chairman, Wananchi
Online.
The official convention declaration, observed that the national ICT policy
formulation process lacks transparency and the current known drafts reveal
a reluctance to pursue liberalization on key service delivery areas. The
declaration also noted that private sector has been addressing and
articulating certain policy issues and concluded with a call for policy
development be inclusive, with the involvement of the private sector and
civil Society for it to be meaningful and successful.
http://africa.rights.apc.org/resources-content.shtml?x=18958
Other Papers/Presentations
* E-Governance: Success Stories from around the World, by Owino Magana
E-governance Consultant, E-Kazi Africa.
http://africa.rights.apc.org/resources-content.shtml?x=18959
* Priorities for ICT in Government, by DR. W.K. Sitonic, Director,
Government Information Technology Services (GITS).
http://africa.rights.apc.org/resources-content.shtml?x=18960
National ICT Infrastructure
* Universal Access as a Medium-Term Strategy for ICT. By Presentation By
Mr. Alex Kahindi, Communications Commission of Kenya
http://africa.rights.apc.org/resources-content.shtml?x=18961
* Broadband access development between Kenya and the world, by Joseph
Ogutu, Chief - Strategy and Regulations & PA to MD, Telkom Kenya Ltd
http://africa.rights.apc.org/resources-content.shtml?x=18962
National ICT Strategy and Human Resources
* Perspectives on ICT Human Resources; Dr Catherine Getao, Institute of
Computer Sciences, University of Nairobi,
http://africa.rights.apc.org/resources-content.shtml?x=18965
National ICT Strategy and e-Commerce
* Introduction: eCommerce & the National ICT Policy: Robert Wakaba,
E-commerce Association of Kenya
http://africa.rights.apc.org/resources-content.shtml?x=18966
* Security Aspects Of E-Government In Kenya; Andrew Gakiria, Consultant to
the Office of the President / e-Government Task Force
http://africa.rights.apc.org/resources-content.shtml?x=18968
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7. SELECTED PAPERS/PRESENTATIONS FROM THE CTO/WSIS CONFERENCE
* WSIS Follow-up. Building the Information Society: a global challenge
in the new Millennium.
By Pierre Gagné, International Telecommunication Union (ITU).
http://africa.rights.apc.org/resources-content.shtml?x=18971
Governments
* Uganda's strategies to achieve the WSIS vision.
By Hon. John M. Nasasira, Minister of Works, Housing and
Communications, Uganda.
http://africa.rights.apc.org/resources-content.shtml?x=18972
* Policy Formulation In Africa: A Regional Overview And Country Case
Study On Egypt.
By Prof. Nadia Hegazi, Consultant to Minister of ICT Consultant to
Minister of Education.
http://africa.rights.apc.org/resources-content.shtml?x=18973
* Telecommunications policy in a rapidly evolving market.
By Hon. Albert Kan-Dapaah, Minister of Communications and
Technology, Ghana.
http://africa.rights.apc.org/resources-content.shtml?x=18974
* Senegal's roadmap for the WSIS vision.
By Hon Mamadou Diop, Minister of Information & Pan-Co-operation for
New Information & Communication Technologies.
http://www.apc.org/francais/rights/africa/resources-content.shtml?x=18975
The Challenge for Regulators
* Developing Strategies For The Implementation Of The WSIS Action
Plan: A West African Perspective on the Challenges for Regulators.
By Ernest Ndukwe CE, Nigerian Communications Commission (NCC) &
Chairman, West African Telecommunications Regulators Association (WATRA).
http://africa.rights.apc.org/resources-content.shtml?x=18976
* Uganda's Regulatory Innovations.
By Patrick F. Masambu, Executive Director, Uganda Communications
Commission.
http://africa.rights.apc.org/resources-content.shtml?x=18977
* Implementing the WSIS Action Plan, The Challenge for Regulators.
By Brian Longwe, CTO, ISP Kenya & GM, African ISP Association (AfrISPA).
http://africa.rights.apc.org/resources-content.shtml?x=18978
* Implementing the WSIS Action Plan "Surviving Regulatory Uncertainty
as an Operator".
By Karl-Barth Xhanti Socikwa, CEO, Transtel (a Division of Transnet
Limited).
http://africa.rights.apc.org/resources-content.shtml?x=18980
The Challenge for Development Partners
* Co-ordinating ICT initiatives across Africa.
By Mohammed Timoulali, UN Economic Commission for Africa (ECA).
http://africa.rights.apc.org/resources-content.shtml?x=18981
* The WSIS Action Plan: The role of governments in developing countries.
By Mohammad Shahid Uddin Akbar, Co-ordinator, ICT for Development
Programme, Bangladesh.
http://africa.rights.apc.org/resources-content.shtml?x=18979
The Challenge for the Private Sector
* The Global Broadband Satellite Infrastructure (GBSI) Initiative: A
way to implement the WSIS objectives.
By Jose Toscano Director, External Affairs International
Telecommunications Satellite Organization.
http://africa.rights.apc.org/resources-content.shtml?x=18982
* Voice over IP as an Enabler of Cost-Effective Telephony.
By Mike van den Bergh, Vice-Chairman, Africa, International Telecoms
User Group.
http://africa.rights.apc.org/resources-content.shtml?x=18983
* VSAT in Kenya: Ensuring our villages become global.
By Patrick Ruah, CEO, Ruatek Online International, Kenya.
http://africa.rights.apc.org/resources-content.shtml?x=18984
* An effective Model for Technical Coordination in the Globalising
Internet.
By Anne-Rachel Inne.
http://africa.rights.apc.org/resources-content.shtml?x=19035
The Role of Civil Society
* Implementing the WSIS Action Plan -The Kenya WSIS Caucus perspective.
By James Nguo, Regional Co-ordinator, Arid Lands Information
Network, Kenya.
http://africa.rights.apc.org/resources-content.shtml?x=18985
* WSIS as a catalyst for Nigeria's ICT policy process.
By John Dada, Chairman, Fantsuam Foundation, Nigeria.
http://africa.rights.apc.org/resources-content.shtml?x=18986
* Engineering all forces for the implementation of WSIS.
By Eric Osiakwan, Ghana New Ventures Competition, Ghana.
http://africa.rights.apc.org/resources-content.shtml?x=18987
* A civil society African regional action plan and monitoring
mechanisms for WSIS.
By Alice Munyua, Co-ordinator, Africa ICT Policy Monitor Project,
Association for Progressive Communications (APC).
http://africa.rights.apc.org/resources-content.shtml?x=18988
* Developing the skills needed to participate in the Information Society.
By Rodwyn Grewan, SchoolNet, South Africa.
http://africa.rights.apc.org/resources-content.shtml?x=18989
* The WSIS challenge for women.
By Constantine Obuya, Executive Director, African Centre for Women,
Information & Communication Technology (ACWICT), Kenya.
http://africa.rights.apc.org/resources-content.shtml?x=18990
Conclusion and the Nairobi Accord
* Presentation of key conference conclusions and moving forward with
the WSIS Action Plan.
By Dr Ekwow Spio-Garbrah, Chief Executive Officer, CTO
http://africa.rights.apc.org/resources-content.shtml?x=18969
* The Nairobi Accord
http://africa.rights.apc.org/resources-content.shtml?x=18991
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8. APC Comments on the First Draft National ICT Policy for Zambia
First Draft National Information and Communication Technology Policy for
Zambia, November 2003
Comments by APC (Association for Progressive Communications), 30 April 2004
Contact: Emmanuel Njenga Njuguna - africa.rights@apc.org
1. General comments
The APC wants to commend the drafting team for their efforts and for
disseminating the document via the internet and for making it possible for
members of the public to submit their comments. We also value that broad
definition of ICT adopted early in the document: "ICT for purposes of this
document is a generic term used to express the convergence of
telecommunications, computer science, broadcasting, postal and information
services in the delivery of social and economic services and products."
We found Chapter 2, which provider an overview of the current ICT context
and institutional and regulatory framework very helpful.
Infrastructure focus
The draft National Zambian ICT Policy framework refers to linkages with
wider national development policy documents such as the Poverty Reduction
Strategy Paper and the Transitional National Development Plan. However, it
then seems to dive straight into infrastructure focused issues with little
mention or concern for wider policy issues that have a relationship with
ICTs. For example, issues such as content development, privacy and
surveillance, communications rights, and intellectual 'property'. In other
words, the document reads like an ICT infrastructure development policy and
implementation plan rather than a national ICT policy or strategy.
Infrastructure development is a critical challenge that underpins making
use of ICTs in all sectors of society, but, it is also necessary to look at
policies that can create an enabling environment for broader ICT use.
While the draft policy tries to address the role of ICT in sectors such as
agriculture, health, education and e-commerce, it dwells on implementation
plans for building ICT infrastructure without making adequate reference to
relevant policy issues associated with these sectors, for example, the
issue of the right of individuals to privacy in the health sector once
health information management is ICT enabled.
The role of civil society
We commend the document for recognising the role of civil society in
implementation, in the chapter on 'implementation measures', page 58:
"Civil society is a fundamental element in the preservation of human rights
and in the development and consolidation of democracy."
However, the document does not emphasise the importance of involving civil
society in policy formulation nor in monitoring implementation. There are
few other references to civil society in the document and we recommend that
in the next draft of the document the role of civil society be integrated
into all sections of the document, and that the role of civil society
organisations be explored in greater depth.
2. Vision and Mission
The APC feels that a good policy framework should present a broad course of
action that guides the behaviour of governments, organisations,
corporations and individuals. It is a tool to promote a national vision
that can then form the basis for the legislation and regulation that is
instituted to help implement this vision. . The 'vision and mission'
section of the draft policy (chapter 3) is not very substantial.
It dwells very briefly, and not very convincingly, on a vision of Zambia
becoming a knowledge-based economy by 2020 through the provision and use of
ICTs. The vision emphasizes the role of ICT as an enabler of social and
economic development in the priority sectors identified. But, what is
missing are the principles and values that, linked to the vision, can form
the basis of legislation and regulation in the medium and long term. For
example, there is no mention of human rights, public participation, gender
equality, media diversity and freedoms; some of the basic building blocks
of a society in which information and communications can freely and
effectively contribute to social and economic and political development.
The current draft seems only to address principles related to
infrastructure provision such as the liberalization of telecommunication
services.
3. Rationale
This section, Chapter 4, opens with a rather questionable statement: "It
has been demonstrated that countries that have achieved sustainable
economic growth and social development have largely done so through the
adoption and exploitation of ICTs." It emphasises the need for 'local and
foreign direct investment' but, while it stresses the need for coordination
among government departments, it does not sufficiently emphasise the
government's responsibility for national social and economic development.
While APC would not deny the importance of ICTs in social and economic
development there are several other factors which play a key role,
particularly looking at a country's development over time, such as the
structural inequality that characterises global social and economic
realities; basic infrastructure development; human rights; education;
public sector capacity and service delivery; public participation in
decision-making that impacts on people's lives; and freedom of information,
to mention but a few. Relying on ICTs to 'create' development is not a
reliable starting point for any country that is facing severe under
development and that needs to strengthen participative government.
However, some very important policy issues are raised this chapter; the
problem is that they are not addressed in any depth, for example,
'intellectual property', 'information security' and 'content development'.
4. Guiding Principles
Some excellent principles are contained in this section. We recommend that
in the next draft, greater attention is given to ensuring that the policy
recommendations adhere to them. Attention should also be given to ensure
that some of the guiding principles in the Draft ICT Policy harmonises with
principles that guide other policies (for example freedom of the media and
information).
6 Policy Goals Objectives and Strategies
This section shows the wealth of work that went into developing the
strategy. It is fairly comprehensive, and covers most key areas, but, there
are some important gaps, and in some cases critical issues are glossed over.
'Intellectual property', or rather, copyright, trademarks and patents
For example, on page 20 in section 6.3 on 'overall policy objectives' there
is a very brief and uncritical reference to intellectual property: "9. To
accord due regard, recognition and protection of intellectual property
rights." What does this really mean in the Zambian context? Have the
limitations of current intellectual property regimes on using ICTs for
development been explored? For example the impact of copyright restrictions
on university libraries, or the cost of government having to enforce
adherence to software licences of international software monopolies?
We recommend that the each of areas of copyright, trademarks and patents
(incorrectly lumped together as 'intellectual property') be explored in its
own right in the next draft of the document.
The role of the media, in particularly community media
On page 22 the government declares its commitment to "Developing
appropriate local multimedia content by; a. Accelerating the implementation
of the national cultural policy by using ICTs; b. Promoting the production
and dissemination of products and services that reflect the needs,
interests, cultural values and realities in the country; c. Encouraging the
harnessing and development of local knowledge resources."
However, this paragraph does not mention the importance of a vibrant and
free media sector, nor the important role the community media can play in
developing and disseminating local content. Also, while APC supports the
recognition by governments of the importance of investing in local and
useful content, we want to sound a word of caution: 'Who decides what
content reflects the needs and realities of the country? Who decides what
the cultural values are? Such norms can easily be used as a basis for
limiting freedom of expression, particularly when content is perceived as
being critical of government.
Youth and gender
On page 48 there is a section on 'youth and gender'. Both these areas are
important and should indeed be mentioned in an ICT policy document, but,
lumping them together tends to reinforce the marginalisation of women and
young people. We propose that in the next draft young people and women are
addressed in separate sections, with gender being dealt with consistently
as a cross-cutting issue.
On a positive note, this section is one of the few in which there is a
mention of civil society as a stakeholder.
ICT services
Section 6.4.10 on ICT services has good content, and in particular we
strongly support the objective to expand community radio which is mentioned
on page 53 and the multi-faceted approach to providing public access.
However, there is no explicit reference to the use of voice over internet
protocol (even though the current monopoly of Zamtel over VoIP is mentioned
in chapter 2) and there is an over-reliance on private sector investment in
rolling out these services.
We also feel this section does not mention the critical importance of
community based structures and civil society entities in establishing and
maintaining such services.
7. Measures
Chapter 7 focuses on implementation measures an outlines the roles of
different groups. As mentioned above we believe that the role of civil
society needs to be developed n greater depth.
We also recommend that the section on multi-lateral trade on page 59 be
reviewed to reflect more critically and expansively on both the threats and
opportunities that current trade regimes hold for the use of ICTs for
development in a country such as Zambia.
8. Comments on Specific Policy Issues of Concern to the APC
Some important policy concerns are mentioned as action points for
implementation without a clear enough policy position that would give
direction during implementation. Some are left out altogether.
A few of these worth mentioning:
* The Right to Access
While the draft policy does address some important elements of the
right to communicate, such as universal access (through the planned
universal service fund and its implementation) there is insufficient
emphasis on mechanisms that would monitor the implementation of universal
access. Nor does it addressing financing convincingly. The document
emphasizes the role of the private sector and government in funding
universal service through a % of revenue and a levy but this does not
guarantee that enough funds will be made available. Not does it guarantee
implementation. The government should explore more innovative ways to
realise universal service and not merely rely on universal service funds to
ensure that every citizen has access to affordable and universally
accessible ICTs, for example effective liberalisation to allow for
competitive service delivery based on deregulation of low cost options such
as wireless connectivity and voice over internet.
We also believe that all the recommendations made with regard to
public and universal access should be reviewed from the perspective of
ensuring equal access for women and men.
* Freedom of expression and information exchange
Chapter 4 on 'rationale' proposes that the policy framework
addresses constitutional matters such as freedom of expression and access
to information. However, the draft policy does not go into detail on any of
the issues related to ensuring that freedom of expression and information
exchange will be ensured in the use of the internet, not does it mention
what policy would be implemented to prevent censorship and secure the
freedom to engage in public protest and online debates.
* Diversity in the ownership and control of content and the content itself
The draft policy framework emphasises the need for developing
appropriate local multimedia content but fails to address the ownership and
control of content; an aspect that would impact on content diversity.
* Free/open source software, technology development, copyright,
trademarks and patents
The document fails to address the crucial issues of patents and
copyright in the production of software. Current regimes restrict the
development of local software industries in developing countries, increases
the profits of foreign owned software producers with monopolistic practices
often illegal in their countries of origin, limits the development of
software appropriate to local needs, and does not build local technical
capacity and creativity. There is a widespread free and open source
software (FOSS) movement in Africa and several governments reflect this in
their policy documents and we are surprised that this is not the case in
the draft Zambian policy. It raises the concern that the document might be
avoiding contentious areas deliberately.
We also note that when the issue of intellectual property rights is
mentioned in various sections of the document it is usually to say that the
government would ensure the protection of intellectual property rights.
Current intellectual property rights have mostly been benefiting developed
countries where ownership of patents, trademarks and copyright is held, at
the expense of developing countries. It is thus imperative that alternate
options such as FOSS be pursued, and that the impact of copyright on
information dissemination be considered.
* Global information commons
There are several references to the need for information production
and dissemination, but the document does not address the impact of the
increasing commodification of information and information services on
'information for the public good'.
* Privacy and SPAM
The issue of privacy is only mentioned as a concern to citizens who
may be hesitant to use e-government channels. Protecting the privacy of
users of ICT services at all levels is essential if the government wants to
build an enabling environment for the use of ICTs. Crucial privacy issues
needs to be addressed to ensure certain minimum conditions are adhered to
like data protection, freedom from surveillance, the right to secure,
private communication.
The issue of SPAM (unsolicited commercial email) should also be
addressed. It is critical that SPAM is addressed at all levels, including
in national policy and regulatory frameworks. SPAM is impacting on the cost
of using and running the internet, and violates the privacy of individual
users.
* National governance of the internet
The draft policy framework fails to address issues related to
governance of the internet and the participation and scrutiny by all
stakeholders, particularly non-commercial stakeholders as far as the Zambia
domain name is concerned.
* Awareness, protection and realisation of rights
Finally we also find the draft policy does not adequately address
the promotion and protection of rights. For example, in the case of
universal services, unless communities and citizens are aware that a policy
document provides for their rights to access, they will not be in a
position to lobby for the implementation of those rights.
The draft policy should give guidance on what measures and
institutions will responsible for informing people about their rights when
using ICTs and what mechanisms will be in place for people to make use of
should they feel their rights are violated.
9. Conclusion
In spite of the various points of criticism contained in our comments we
commend the Zambian government for undertaking this process and for the
addressing ICTs as an important area, was well as an issue that should be
mainstreamed in sectoral policies. The document is generally comprehensive
and adopts a holistic approach.
We look forward to the next draft.
Association for Progressive Communications
30 April 2004-05-03
----------------------------
To download the full draft please click here...
http://africa.rights.apc.org/resources-content.shtml?x=16555
To view other comments made by other people/organizations, or send your
comments click here..
http://www.coppernet.zm/ictpolicy/
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9. OTHER NEWS, RESOURCES AND NOTICES FROM THE MONITOR
* APC seeks a manager for our Communications and Information Programme
APC is looking for a strategic thinker with experience in and understanding
of global and regional level ICT policy issues to run our 'CIPP' programme.
The successful candidate will understand how ICT policy issues relate to
development and social justice and have a proven background in civil
society networking.
A minimum five year's experience in project management is necessary and
fundraising experience is essential. As APC is a truly virtual
organisation, excellent computer and internet skills and familiarity with
working in an online environment are important as well as sound academic
qualifications. Deadline for applications is May 9 2004.
http://www.apc.org/english/news/index.shtml?x=18526
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Contact: chakula@apc.org for questions,comments and contributions Africa IR
Policy Monitor Project
- Chakula: Africa ICT Policy Monitor newsletter -
If you want to subscribe or unsubscribe to Chakula, please go to
http://lists.sn.apc.org/mailman/listinfo/africa-ir-public
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