Process, instruments and Main actors. Digital rights training for law makers in East and Southern Africa

1. Pro-Rights ICT Policy:
Processes, Instruments, & Main Actors
Digital Rights Training for Policy Makers in East Africa
Presentation by-Liz Orembo
Trustee KICTANet
October 2019

2. Session Outline
• Definition of public policy
• Public policy process
• ICT Policy and human rights
• Q & A

3. Public Policy and Instruments
● What are policies? Why policies?
● Structural and Procedural
● Distribution and Redistribution (Of values such as justice, infrastructure etc)
● Regulatory (Control actions of subjects)
● Symbolic (Intangible values)

4. Policy as Demand Supply and Output
conversion process
in a
political system
Demand
Support
Decision and
actions on
policies
Feedback
POLICY ENVIRONMENT
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P
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5. Policy development Cycle

6. ICT Policy Making process in Kenya
1. Taskforce (representing stakeholders from different sectors and background)
2. Zero draft
3. Public consultations ( Article 10 of the constitution makes it mandatory for policies to go
through public participation)
4. Presents to the ministry
5. Stakeholder consultation
6. Presentation to the parliament
7. First reading
8. Policy goes to the ICT committee
9. public participation
10. Second reading with amendments
11. Presidential assent

7. Why Human Centered Policies
Policy affects the quality of human life.
Ability to make use of the opportunities that come with emerging technologies (.ke vs .com)
Policy support = effective policies.
Participatory policy - Policy support as a way of communities helping in solving the problem.
Trust between citizens, government and private sector.

8. ICT Policies and Human Rights
Discussion
what are human rights?
Role of ICT in promoting Human Rights
is access to the internet, a human right? why should it be promoted/
protected?
Who makes policies in the region, who are the main actors?
The parliamentary organs, regulators, ministers as policy makers
Other actors - civil society, academia, private sector.

9. Human Rights and the Internet
○ The basic set of Internet‑related human rights includes:
○ Privacy;
○ Freedom of expression;
○ The right to seek, receive, and impart information;
○ Various rights protecting cultural, linguistic, and minority diversity; and the right to education.
● Other human rights come into place in the realm of digital policy, such as children’s rights, women’s right, right to
work, right to education, right to cultural life and scientific progress, and those rights afforded to journalists and the
press.
● Current debates include - human rights (right to access), economic (emerging business model), or development
(assistance to underserved communities).

10. Major Issues on Human Rights
○ Can we apply the human rights rules that were developed for the offline world
online?
○ Is it time to declare the Internet as a Human right when we still have other basic
rights not fulfilled for many around the world such as food, water, education… etc.?
○ If access to public services is through online portals, then Internet access should be
human rights.
○ Should access to a limited number of websites and platforms, such as that provided
by toll‑free applications, be considered access to the Internet?
○ Why do we need privacy when all our personal information are everywhere?

11. International Standards
• Joint Declaration concerning FoE and the internet by the four Special Rapporteurs on FoE,
2011
• UNHRC resolution on the promotion, protection and enjoyment of HR on the internet, 2012
• UN General Assembly resolution on the right to privacy in the digital age, 2013
• UNHRC resolution on the internet and HR, 2014

12. Africa declaration of internet rights &
freedomsprinciples:
• openness: open standards, interoperability, net
neutrality
• access & affordability: high speed, initiatives for
underserved, no cutting off/ slowing down
• FOE: intermediary liability, MFs
• RTI: public info should be free & online
• FOA
• cultural & linguistic diversity: scripts, languages
• Right to Development and access to knowledge
• privacy & personal data protection
• security, stability & resilience of the internet
(protection from surveillance)
• marginalised groups & groups @ risk: right to
dignity to participate, special attention
• right to due process
• democratic multi-stakeholderism & internet
governance
• gender equality: access, protection

13. Conclusion
• internet/digital rights are human rights
• but which internet are we accessing? a censored & surveilled one?
• how do we develop technology that respects, protects & promotes human rights?
• we need to collaborate together to develop an internet for everyone