CHAKULA Issue No. 13, July 2005



CHAKULA Issue No. 13, July 2005

A Newsletter on ICT Policy issues in Africa

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1.     Editorial
2.     WIPO and the 'Development Agenda'
3.     What the Internet Governance Report Says
4.     A Brief Review of Key Issues Making News Headlines
5.     Upcoming Events
6.     Subscribing to 'Chakula'


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1. EDITORIAL

Amongst the key issues highlight in this issue of Chakula, are calls for
reform at the World Intellectual Property Organization - WIPO or largely
referred to the ''Development Agenda''. We have traced the background to
the calls for the reforms at WIPO, outlined the key issues of the
proposal for the establishment of a ''Development Agenda'' for WIPO and
the developments so far after a series of meeting this year.

Another major issue that has been making headlines in the last two weeks
is the release of the report on Internet Governance by the Working Group
on Internet Governance (WGIG) following months of work on the future of
the Internet governing mechanisms. The WGIG was set up by the Secretary
General of the United Nations after the first World Summit on
Information Society (WSIS) in 2003 failed to reach an agreement the
governance of the internet.  We have outlined key issues raised from the
report amongst these the models of governance mechanisms proposed that
are expected to form the key basis of discussions at the upcoming
preparation conference (Prepcom 3) of WSIS to be held in Geneva in
September this year.


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2. WIPO AND THE 'DEVELOPMENT AGENDA'

Background

Since the beginning of this year, several meetings have been held at the
World Intellectual Property Organization (WIPO) headquarters in Geneva
to discuss what has increasingly been referred to as the 'Development
Agenda'.

The 'Development Agenda' is about proposals directed to WIPO to focus
more on the needs of developing countries, and to view Intellectual
Property Rights (IPR) as one of many tools for development - not as an
end in itself. Those behind the 'Development Agenda' have included civil
society actors, scientists, academics and individuals who signed the
"Geneva Declaration on the Future of WIPO," citing the main problem that
the current IPR system is hampering the free flow of information,
raising the cost of computer software, hampering scientists from
advancing research, reducing the public's access to information and
raising the cost of medicines.

In addition the "Geneva Declaration on the future of WIPO" referred to
the 1974 agreement with the UN establishing WIPO as a specialized agency
of the UN system, which requests WIPO to take 'appropriate action to
promote creative intellectual activity' and facilitate the transfer of
technology to developing countries, 'in order to accelerate economic,
social and cultural development'. The Declaration stated in part: 'We do
not ask that WIPO abandon efforts to promote the appropriate protection
of intellectual property ... But we insist that WIPO ... take a more
balanced and realistic view of the social benefits and costs of
intellectual property rights as a tool, but not the only tool, for
supporting creative intellectual activity.[1] '

At the United Nations General assembly of WIPO in October 2004,
Argentina and Brazil introduced a proposal for the Establishment of a
'Development Agenda' for WIPO[2] and was strongly supported by
developing countries, as well as by a large group of civil society and
others who signed the "Geneva Declaration on the Future of WIPO".

At the October meeting a 'massive victory[3]' was achieved as
the WIPO assembly adopted a decision to start a 'Development Agenda'
within its work following the proposal by Argentina and Brazil
co-sponsored by an additional twelve developing countries)[4].
While welcoming the initiative for a 'Development Agenda', the WIPO
general assembly decided to convene intercessional intergovernmental
meetings the following year (in 2005) with the objective to examine the
proposals for the 'Development Agenda' and also to ensuring the
participation of other relevant multilateral institutions, including
UNCTAD, WHO and UNIDO, WTO, and open to NGOs, civil society and
academia.


Developing Countries Submit New Proposals

On the eve of a high-level meeting on development and intellectual
property held in April this year,  the 14-member co-sponsors of the
'Development Agenda' - Argentina, Bolivia, Brazil, Cuba, Dominican
Republic, Ecuador, Egypt, Iran, Kenya, Peru, Sierra Leone, South Africa,
Tanzania and Venezuela submitted detailed elaborations of their
proposals for incorporating development into WIPO's work. The 14 so
called 'Friends of Development' group asked the WIPO Secretariat to
distribute the proposal to all WIPO Member States for consideration at
the two meetings that were to be held: one on April 11-13
Inter-sessional Intergovernmental meeting on the 'Development Agenda'
(IIM) and the other on April 14-15 meeting of the Permanent Committee on
Cooperation for Development Related to Intellectual Property (PCIPD).

Under the rubric of "promoting development and access to knowledge for
all", the co-sponsors offered concrete recommendations on four aspects
of their original 'Development Agenda' proposal.

- First, the co-sponsors argued that reform of WIPO's governance
structure is a necessary prerequisite for promoting development in its
work and thus proposed amending the WIPO Convention to make it more
consistent with WIPO's mandate as a UN specialised agency, strengthening
the role of Member States in guiding WIPO's work, establishing an
independent Evaluation and Research Office, and ensuring wider
participation by civil society and public interest groups in WIPO
discussions and activities.

- Second, the Friends of Development proposed principles to ensure
that development objectives are central to all processes and outcomes of
WIPO norm-setting activities, including greater Member State involvement
in devising WIPO's work plan, comprehensive assessment of the
sustainable development implications of any proposed new laws; deeper
consideration of the rights and interests of a broad range of
stakeholders with respect to intellectual property; and stronger efforts
to ensure that proposed standards support the objectives and provisions
of other international instruments (such as the Millennium Development
Goals).

- Third, the submission proposed mechanisms to ensure WIPO's
technical assistance and capacity building responds to the development
goals of developing countries.

- Fourth, the submission argued that WIPO should contribute to
international discussion of what developed countries can do to
facilitate the transfer and dissemination of technology to developing
countries and recommended several new initiatives at the multilateral
level.

In their submission, the Friends of Development emphasised their view
that "the development dimension of intellectual property is not the same
thing as technical assistance." They affirmed that they attach
importance "to the role of intellectual property in the path towards
development" and stressed their belief that "WIPO could have a new
role.if it incorporates the development dimension into its work".


'Development Agenda' issues tackled

Finally the meeting to discuss the possible establishment of an agenda
for development was held last month (June 20-22) and opened with, among
other things, a proposal on how to discuss the proposals. The first day
focused on structures on how to deal with the proposals with many
countries putting forward their suggestions. But many developing
countries were eager to see more progress on substance rather than on
structures in the second meeting, with an eye toward the recommendation
of a 'Development Agenda' work plan for the General Assembly.

On the second day of the meeting, negotiators began discussions on WIPO
reform to better address developing country needs tackling the details
of various proposals put forth by member governments on the 'Development
Agenda'. By the end of the three day meeting, no conclusion had been
arrived at, but positions on the various proposals on the table began to
emerge, with differences showing along North-South lines of developing
versus developed countries with some notable exceptions.

One of the biggest dividing points was whether to move the subject of
development wholly into an existing WIPO committee, the Permanent
Committee on Cooperation for Development related to Intellectual
Property (PCIPD). This was derived from a United Kingdom proposal that
argued for the cost-effectiveness and practicality of putting the issue
under existing body that appeared to have no limit on its mandate.

The PCIPD proposal got significant support from developed countries,
both as the Group of industrialised countries, and as a number of
individual developed country delegations, including Australia, Canada,
France, Japan, Russia, Switzerland, and the United States.

But key developing countries such as Argentina, Brazil and India argued
against it, out of concern that the broader, cross-cutting issues of a
sweeping 'Development Agenda' would be dumped into a "garbage can"
committee, as a Brazilian delegate put it.

Another point of concern was that a U.S. representative spoke against
most of the 'Development Agenda' proposals, arguing generally that they
are based on two "misconceptions," sources said. They assume that WIPO
has disregarded development concerns, and that strong intellectual
property protection is detrimental to global development goals, the U.S.
argued. In addition, the United States asserted that development must
not become reason for weakening international intellectual property,
which it said would undermine the very development is seeks to bring
about.

In the end, delegations approved a meeting chair's summary, which
included the list of proposals with some noted as discussed and others
presented. A WIPO secretariat report on the meeting was produced early
this month (July) and the final meeting took place last week (July 20 -
22).


The EU and Africa Group table their proposals

Prior to final meeting on Intercessional Inter-governmental Meeting
(IIM), the European Union proposed that talks on a stronger
development-oriented agenda for WIPO be continued through 2006 while the
Group of African nations also put forward a new list of proposals for
consideration at the IIM that are more far-reaching than the EU
proposal.

The European Union proposal was similar to that of 'Friend of
Development' and suggested to hold three more IIMs next year while
differing with the United States-backed proposal to put the development
issue into the existing WIPO Permanent Committee on Cooperation for
Development Related to Intellectual Property (PCIPD).

The EU proposal also outlined other areas such as the continuing IIM
process be funded primarily from funds allocated for the PCIPD, a wider
participation of civil society, establishment of a system of public
hearings and of a code of ethics, all from the Friends of Development
proposal. Missing from the EU list are several key Friends of
Development proposals, such as to establish a WIPO standing committee on
technology transfer, an access to knowledge treaty, an evaluation and
research office, and proposals related to norm-setting activities at
WIPO.

The lengthier African Group proposal was more wide-ranging, calling for
instance for WIPO "to contribute effectively to individual nations'
self-reliance by relaxing patent rules on technology and facilitating
access to foreign patented information on technology. It also called for
WIPO to adopt an "internationally binding instrument" on the protection
of genetic resources, traditional knowledge and folklore.

The African proposal also called for stronger national capacity for
patenting of local innovations; more donor funding; a new technology
transfer body within WIPO; an evaluation mechanism to conduct annual
assessments of WIPO's development-related activities, requests
assistance in stemming the outflow from Africa of highly skilled workers
(so-called brain drain); the establishment of a trust fund for
least-developed countries; and intensified WIPO cooperation with all
U.N. agencies.


No consensus reached on 'Development Agenda'

In the late afternoon of the last day of the third Intercessional
Inter-governmental Meeting (IIM), the main plenary meeting resumed after
informal consultations among Member States most of the day.

The informal consultations had resulted in an agreement between all
countries - except the United States and Japan -- to recommend to the
General Assembly that the IIM process should be extended for one
additional year to continue to examine a Development Agenda for WIPO.
The US and Japan refused to allow the IIM Development Agenda discussions
to continue and instead insisted that all development issues should be
dealt with by the ineffective Permanent Committee on Cooperation for
Development Related to Intellectual Property (PCIPD) Committee. This is
notwithstanding that many developing countries had raised objections on
this as PCIPD committee only meets once every two years and has no
oversight role over the substantive work of WIPO committees, such as the
copyright or patent committees.

The final outcome of this meeting came down to that no consensus had
been reached as WIPO proceeds according to "consensus", meaning all
countries must agree or no action can be taken.  Without the US and
Japan agreeing with the all of other countries to continue the IIM
Development Agenda process, the body could not make that recommendation
to the WIPO General Assembly in its report due 30 July 2005.

Despite the overwhelming majority view, the only decision that could be
taken was to inform the General Assembly that a consensus could not be
reached, and to simply forward the summaries and discussion notes from
the three IIMs to the General Assembly for its meeting to be held in
September this year.


What can Africa civil Society do?

As noted above, the WIPO meetings on 'Development Agenda' debated
amongst other issues the greater participation of civil society in its
activities. There was a huge presence of civil society groups who made
statements as government officials addressed proposals to make WIPO more
sensitive to developing country needs.

Though few civil society groups in Africa are engage with issues of
Intellectual property issues and WIPO reform, it is time wider groups
began getting involved and ready to take an active role given that
increased civil society participation will soon become a key element of
the WIPO development agenda.

The keys issues to engage as reflected from the Friends of Development
proposal, the NGO Group Statement not forgetting the proposals from the
Africa group include calling for: implementation of development impact
assessments; the creation of a new independent WIPO Research and
Evaluation Office to conduct such assessments; adoption of an Access to
Knowledge treaty to balance the interests of rights holders and public
at large; and greater civil society participation in WIPO policy-making
activities.


Article compiled with extracts from IP-Watch and IP-justice:
http://www.ip-watch.org & http://www.ipjustice.org/

For detailed articles and further analysis, visit the Africa ICT Policy
Monitor Website - On Intellectual Property.
http://africa.rights.apc.org/index.shtml?apc=21868se_1



------------------------------------------------------------------------
References:

[1] http://www.cptech.org/ip/wipo/genevadeclaration.html

[2]  Proposal by argentina and brazil for the establishment
of a 'Development Agenda' for WIPO
http://www.wipo.int/documents/en/document/govbody/wo_gb_ga/pdf/wo_ga_31_
11.pdf

[3] http://www.boingboing.net/2004/10/04/massive_victory_at_w.html

[4] http://www.cptech.org/ip/wipo/futureofwipo.html

[5] http://www.ipjustice.org/


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3. WHAT DOES THE INTERNET GOVERNANCE REPORT SAY?

The long awaited report on the future of the Internet governing
mechanisms was finally released following months of work by the Working
Group on Internet Governance (WGIG). The WGIG was set up by the
Secretary General of the United Nations after the first World Summit on
Information Society in 2003 failed to reach an agreement the governance
of the internet. The mandate given to the WGIG was "to investigate and
make proposals for action, as appropriate, on the governance of Internet
by 2005." The WGIG was asked to present the result of its work in a
report "for consideration and appropriate action for the second phase of
the WSIS in Tunis 2005."



What did the report say?

The report, while expected to reach an agreement on various issues of
contention can be said to cover to main parts, one part - or the easy
part, dwelt on the definitions of internet governance and the
identification of public policy issues relevant to internet governance.
The second part of the report - the more difficult or controversial part
- the action plan, presented a range of proposals ranging from no change
to a complete overhaul relating to internet governance mechanisms.

The first part as expected from the mandate given to the WGIG, outlines
a working definition of Internet Governance; identified public policy
issues relevant to Internet Governance and finally outlined the roles
and responsibilities of key stakeholders such as governments, private
sector and civil society.


1. Definition of Internet Governance

On the issue of a working definition of internet governance, the working
group arrived at what has been termed as a generic definition that is
not narrow to only have included issues of technical functioning of the
internet on one hand while also not broad enough to include wider issues
in the usage of the internet such as privacy, freedom of expression and
intellectual property. The report outlines the definition of
internet governance as follows.

"Internet governance is the development and application by Governments,
the private sector and civil society, in their respective roles, of
shared principles, norms, rules, decision-making procedures, and
programmes that shape the evolution and use of the Internet."


2. Public policy issues relevant to Internet Governance

On the identification of public issues relevant to Internet Governance,
the report identified a set of highest priority issues and problems for
the attention of the WSIS. Among the identified issues included;

- Issues relating to infrastructure and the management of critical
Internet resources, those identified here include the administration of
the root zone files and system, the allocation of domain names and IP
addressing.

- Issues relating to the use of the Internet, those identified here
include Spam, Internet stability security and cybercrime, Data
protection and privacy rights, Multilingualism and Consumer rights.

- Issues that are relevant to the Internet but have an impact much
wider than the Internet and for which existing organizations are
responsible, those identified here include Intellectual property rights
(IPR), Freedom of expression, Interconnection costs,

- The final area covered issues relating to the developmental
aspects of Internet governance and the issues identified in this aspect
included meaningful participation in global policy development and
capacity-building in developing countries.


3. Roles and responsibilities of key stakeholders

Finally with regard to the roles and responsibilities of key
stakeholders, the report detailed out a series of responsibilities for
governments, private sector and civil society while also reviewing those
of existing intergovernmental and international organizations.


Four Options outlined for internet governance mechanisms

The second part outlines the proposals for action relating to internet
governance mechanisms. These are the issues considered controversial and
the report outlines four key options;

- Option One - create a UN body known as the Global Internet
Council that draws its members from governments and "other stakeholders"
and takes over the US oversight role of ICANN.

- Option Two - no changes apart from strengthening ICANN's
Governmental Advisory Committee to become a forum for official debate on
internet issues.

- Option Three - relegate ICANN to a narrow technical role and set
up an International Internet Council that sits outside the UN. The US
would lose oversight of ICANN.

- Option Four - create three new bodies. One to take over from
ICANN and look after the internet's addressing system. One to be a
debating chamber for governments, businesses and the public; and one to
co-ordinate work on "internet-related public policy issues".

These options are expected to form a major part of the discussion at the
upcoming preparation conference of the World Summit on information
Society to be held in Geneva this September. The final Summit will be
held in Tunisia in November this year.



Civil society groups discuss what position to support

Many groups involved in monitoring internet governance matters have
reacted or made comments on issues raised from the report. Among some of
the statements include the WSIS Civil Society Caucus on internet
governance while others have continued to debate on what position to
take on the proposals recommended on the report.

It is expected that Africa civil society caucus on the Information
Society (ACSIS) will be holding an online discussion in the coming weeks
to come up with a position to be presented during the upcoming
preparation conference (Prepcom) on WSIS to be held in September this
year in Geneva.


The full report on internet governance including a background can be
found here:
http://africa.rights.apc.org/index.shtml?apc=he_1&x=363600


For news articles and information resources, visit the Africa ICT Policy
Monitor Website - on Internet Governance;
http://africa.rights.apc.org/index.shtml?apc=21869se_1


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4. A BRIEF REVIEW OF KEY ISSUES MAKING HEADLINES

Privatization talks

At the national level in several African countries, developments have
continued over privatization talks evident from various media reports in
the recent past; one particular case is Kenya where the government has
been involved in talks with advisors on strategies for the privatization
of Telkom Kenya the incumbent operator. The permanent secretary in the
Ministry of Information and Communication was recently quoted in that
the decision had been reached on the long overdue privatization of the
incumbent operator to take place early in 2006. The decision was reached
following a report by the consulting company making recommendations to
the government to allow time for some important structure changes such
as the retrenchment of over 50% of the workforce.

In Zambia, similar talks have been in place about the privatization of
Zamtel - also an incumbent operator where talks have been abandoned as
the government was in favour of entering a commercialization agreement
with an investor as opposed to privatization. The commercialization plan
would be similar to one already carried out between the government of
Zambia and a United States-based company to build a railway line under
the build, operate and transfer (BOT) principle. Some good news though
from Rwanda as the privatization of Rwandatel process was completed with
a payout of $ 20 million that was announced at the end of June.


See more news article and resources on Telecommunications here:
http://africa.rights.apc.org/index.shtml?apc=21877se_1


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Regulatory environments

On the regulatory front, a few developments have taken place in the last
few weeks with Kenyan communications commission causing a major concern
especially amongst the business sector in the country with regard to the
issuing of licenses for would be Voice over IP (VoIP) providers. It was
reported that the regulatory authority had out on hold the issuance of
licenses for VoIP providers pending a review of the rules governing the
sector. A similar and related issue was also reported in South Africa
where it was reported that over 50% of small and medium enterprises
(SME) sector companies had been locked out of the VoIP revolution
because of the market structure, citing technical requirement in the
form of the Telkom-supplied Diginet line.

There have been some positive news in South Africa following a
ministerial statement that the regulator -Independent Communications
Authority of SA (ICASA) would be ready to award the second national
operator (SNO) licence 'within weeks'.

The Kenyan regulator this week is reported to have said that policy
guidelines
for the sub-sector will be released in the next two weeks and the
licences issued later.


See more news article and resources on Laws and regulation here:
http://africa.rights.apc.org/index.shtml?apc=21870se_1


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National ICT Policy

The national ICT policy processes have also made the news in the past
few weeks, with Kenya again stealing the show with the highly publicized
workshop that took place in Mombasa in mid-June. The workshop key
objective was to discuss the draft policy document amongst key
stakeholders that included civil society, private sector and the
government. Though the official report of the workshop is yet to be
released, the national ICT policy is now expected to move to the final
stages where the draft would be tabled to the Cabinet and once approved
the implementation stage would commence thereafter.

The Zambia ICT policy is also under review by Cabinet and it is expected
to be out for implementation later this year.

Rwanda has also reported a positive spin to the ICT policy following a
recent statement by the Ministry of Information who said that social and
economic developments had been achieved since Rwanda adopted the first
phase of the ICT policy in 2001.


See more news article and resources on national ICT strategies here:
http://africa.rights.apc.org/index.shtml?apc=21873se_1


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Africa Civil Society and WSIS

With regard the WSIS process, the outcome of a recent event has been a
report addressing issues and challenges of the African information
society with a special emphasis on the role of Civil Society. This was
from a meeting that took place in

in Nigeria at the beginning of this month where Africa civil society
organizations came together in a pre-event to the African Regional
Preparatory Meeting (ARPM) of the World Telecommunications Development
Committee (WTDC).

Among some of the highlights from the meeting was some three projects
that will be under consideration to be undertaken by civil society
organizations, among these are; an Africa based Virtual Library and a
community radio including the development of rural multimedia community
centres.

See a detailed report here:
http://africa.rights.apc.org/index.shtml?apc=he_1&x=338264


For more news articles and information resources, visit the Africa ICT
Policy Monitor Website. http://africa.rights.apc.org


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5. UPCOMING EVENTS

11/08/2005, Tanzania
World Youth Development and ICT (WYDI 2005) Conference (Aug 11-12 2005)
<http://africa.rights.apc.org/index.shtml?apc=ee_1&x=34214>
This conference is being organised with a theme of "Young People
Creating Global Culture". The conference aims to bring together more
than 250 young professionals, community leaders, non-governmental
organisation (NGO) leaders, university students, information and
communication technology (ICT) professionals, among others.

22/08/2005, South Africa
Building Partnerships for the Information Society (Aug 22-27 2005)
<http://africa.rights.apc.org/index.shtml?apc=ee_1&x=34216>
The Cape Peninsula University of Technology, with the support of the
Cape Town City, the Centre for e-Innovation in the Provincial Government
of the Western Cape and the South African Department of Communications,
will be organising and hosting the "Information Society" event.

24/08/2005, South Africa
Community Informatics Research Network (CIRN) 2005
<http://africa.rights.apc.org/index.shtml?apc=ee_1&x=29325>
The Community Informatics Research Network (CIRN) 2005 Conference is
open to receive research, policy and praxis based papers around the
major theme of 'partnerships'.

31/08/2005, Botswana
World Information Technology Forum (Witfor) 2005
<http://africa.rights.apc.org/index.shtml?apc=ee_1&x=31388>
The Government of the Republic of Botswana, in collaboration with the
International Federation for Information Processing (IFIP) will host the
second World Information Technology Forum (WITFOR) in Gaborone from
August 31 to September 2, 2005. WITFOR is a state-of-the-art, high-level
international forum, aimed at ICT policy-makers and practitioners.

05/09/2005, Cameroon
CTO Forum 2005 - Yaounde, Cameroon, 5 - 6 September 2005
<http://africa.rights.apc.org/index.shtml?apc=ee_1&x=136150>
Organised in partnership with the Government of Cameroon, the CTO will
host this unique gathering of opinion leaders and decision-makers in
response to the growing need for access to ICT in emerging markets in
the Commonwealth and beyond.

12/09/2005, South Africa
Highway Africa Conference 2005 'Reinforcing journalism in the
information society'
<http://africa.rights.apc.org/index.shtml?apc=ee_1&x=33696>
The Highway Africa 2005 will explore the above issues and seek to assist
in overcoming the challenges. Highway Africa's programme includes a
unique mix of plenary and keynote presentations, panel discussions and
hands-on workshops where delegates acquire practical skills and
expertise.

19/09/2005, International
PrepCom-3 of the WSIS Tunis phase to take place in Geneva
<http://www.itu.int/wsis/preparatory2/pc3/index.html>
The third meeting of the Preparatory Committee (PrepCom-3 of the Tunis
phase) will take place in Palais des Nations, Geneva (Switzerland) from
19-30 September 2005.



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6. SUBSCRIBING TO 'CHAKULA'

Chakula is a Newsletter of the Association for Progressive
Communications
(APC) - Africa ICT Policy Monitor Project aims to mobilise African Civil
Society in ICT policy for development and social justice.

We welcome your opinions about this newsletter. Send your comments,
feedback or
Contributions to <chakula@apc.org>

To subscribe or unsubscribe email <chakula@apc.org> please go to:
http://lists.sn.apc.org/mailman/listinfo/africa-ir-public

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