The vice president of South Sudan arrives to address the 76th Session of the UN General Assembly, in New York, 21 September 2021. Photo JOHN MINCHILLO/POOL/AFP via Getty Images
Positive aspects of South Sudan's Cybercrimes and Computer Misuse Order 2021 overshadowed by regressive aspects of the legislation.
This statement was originally published on cipesa.org on 14 December 2021.
South Sudan has enacted the Cybercrimes and Computer Misuse Provisional Order 2021 aimed to combat cybercrimes. The country has a fast-evolving technology sector, with three mobile operators and 24 licensed internet service providers. Investments in infrastructure development have propelled internet penetration to 16.8% and mobile phone penetration to 23% of the country’s population of 11.3 million people, which necessitates a law to curb cybercrime.
The Order is based on article 86(1) of the Transitional Constitution of South Sudan 2011, which provides that when parliament is not in session, the president can issue a provisional order that has the force of law in urgent matters.
The Cybercrimes and Computer Misuse Order makes strides in addressing cybercrimes by extending the scope of jurisdiction in prosecuting cybercrimes to cover offences committed in or outside the country against citizens and the South Sudan state. The Order also establishes judicial oversight especially over the use of forensic tools to collect evidence, with section 10 requiring authorisation by a competent court prior to collecting such evidence. Furthermore, the Order attempts to protect children against child pornography (section 23 and 24), and provides for prevention of trafficking in persons (section 30) and drugs (section 31).
However, the Order is largely regressive of citizens’ rights including freedom of expression, access to information, and the right to privacy.
The Order gives overly broad definitions, including “computer misuse,” “indecent content,” “pornography,” and “publish” which are so ambiguous and wide in scope that they could be used by the state to target government opponents, dissidents and critics. The definitions largely limit the use of electronic gadgets and curtail the exercise of freedom of expression and access to information.
Article 22 of the Transitional Constitution of South Sudan 2011 guarantees the right to privacy. The country has ratified the International Convention on Civil and Political Rights (ICCPR) that provides for the right to privacy under article 17 and the African Charter on Human and Peoples Rights, whose article 5 provides for the right to respect one’s dignity, which includes the right to privacy. The Order appears to contravene these instruments by threatening individual privacy.
Despite a commendable provision in section 6 imposing an obligation on service providers to store information relating to communications, including personal data and traffic data of subscribers, for 180 days – a period far shorter compared to other countries – personal data is still potentially at risk. The section requires service providers and their agents to put in place technical capabilities to enable law enforcement agencies monitor compliance with the Order. With no specific data protection law in South Sudan and without making a commitment to the leading regional instrument, the African Union Convention on Cyber Security and Personal Data Protection, privacy of the citizens is at stake.
The section on offences and penalties lacks specificity on fines which may be levied on errant individuals or companies. On the other hand, some of the offences provided for under the Order potentially curtail freedom of expression and the right to information. For instance, the offence of spamming under section 21 could be interpreted to include all communications through online platforms, including social media platforms like Facebook and WhatsApp. Under the provision, virtually all individuals who forward messages on social media stand the risk of prosecution. This also has a chilling effect on freedom of expression and the right to information.
The offence of offensive communication under section 25 potentially has a chilling effect on freedom of expression, media freedom and access to information. A similar provision under section 25 of the Computer Misuse Act, 2011 of Uganda has been widely misused to persecute, prosecute and silence political critics and dissidents. Section 25 of the South Sudan Cybercrimes Order could be used in a similar manner to target government critics and dissidents.
In CIPESA’s analysis of the Order, we call for specific actions that could ensure the prevention of cybercrime while at the same time not hurting online rights and freedoms, including:
Deletion of problematic definitions or provisions from the Order.
Enactment of a specific data protection law to guarantee the protection of data of individuals.
Urgent drafting of rules and regulations to prescribe the procedures for implementing the Order.
Ratification of the African Union Convention on Cyber Security and Personal Data Protection.
Service providers should not be compelled to disclose their subscribers’ information to law enforcement agencies except on the basis of a court order.
Amendment of the Order to emphasise the oversight role of courts during the processes of access, inspection, seizure, collection and preservation of data or tracking of data under section 9.
Kikuyu MP Kimani Inching'wa together with Dennis Itumbi at the Hospital on December 24, 2021. TWITTER
KIMANI ICHUNG'WA
Digital Strategist Dennis Itumbi, who was reportedly abducted by unknown people on Thursday, December 23, was found by his family in the early morning hours of December 24.
In a statement by his brother, David Itumbi, the family stated that the digital strategist, who had been missing after the abduction took place in Thindigua along Kiambu Road, was found tortured and was being treated at a local hospital.
David went ahead to state that Itumbi claimed that he was abducted by police officers who beat him to a pulp.
Dennis Itumbi being attended to at the Hospital on December 24, 2021.
TWITTER
KIPCHUMBA MURKOMEN
"My brother has been badly beaten. We thank God that he is alive. On his own account, he was arrested by police and beaten and tortured. Please pray for his recovery. Thank you for your many prayers and support," stated the brother.
In addition to his statement, David shared images of Itumbi while undergoing treatment at a local hospital. However, he did not disclose the hospital where the digital strategist had been admitted to.
Consequently, allies of Deputy President William Ruto also issued statements to confirm that Itumbi had been found after visiting him in the hospital. They alleged that the abductions were orchestrated by the state because of politics and close relationship with the DP who is seeking to ascend to power when the country goes to the polls on August 9, 2022.
"Glad to see our brother Itumbi alive. Sad to see him in such pain. Hopeful that he will bounce back stronger. Appalled that police officers who should be protecting him harmed him. May his tormentors who are enjoying power never know peace. Politics shouldn’t be done this way," Elgeyo Marakwet Senator, Kipchumba Murkomen, stated.
The police are yet to issue a statement regarding the incident and claims that have been made by the digital strategist.
While addressing the media on Thursday, December 23, the family reported that Itumbi was whisked away in a white vehicle moments after visiting a barbershop at Thindigua shopping centre in Kiambu County. The family further stated that Itumbi was not in police custody after they searched for him at various police stations including Parklands police station.
At the time, the family accused the state of orchestrating the abduction further urging the police to help them locate him even as they stated he was under medication.
"We are very concerned as the family. I was with Dennis last night and he was taking medication and we feel that whoever is holding him, we are suspecting some foul play. The government should allow us to give him his drugs. We urge the government to tell us where he is," David stated.
"His phone is going through and it is unfortunate that the government is not telling us where he is yet they have the tools to locate him. We believe Dennis's disappearance is being enforced by the State," the lawyer stated.
Senator Samson Cherargei with David Itumbi at Parklands Police station on Thursday, December 23, 2021.
The 282 double cabin pickups that were given to districts for Covid response were procured using money donated by Ugandans for Covid response.
Politicians and other district leaders have taken over Covid response vehicles meant to support health workers in surveillance and evacuating Covid cases even as cases of infections rise, Health Minister has said.
Dr Jane Ruth Aceng, in a letter dated December 20, ordered the politicians and district officials to surrender the vehicles for their intended purpose with immediate effect.
"It has come to our attention that the vehicles (for Covid response) are being used by the political and technical leaders rather than the health workers for intended purpose. Some of you have even gone ahead to rub off the writings on these vehicles. This is a malpractice and misconduct of the highest order and it is unacceptable," she said in the letter.
Added: "This is therefore, to direct you to ensure that the vehicles are returned with immediate effect to the health Officers to be used strictly for surveillance and COVID-19 vaccination activities"
The Minister instructed the health monitoring unit and all District Health Officers, city medical officers, municipal medical officers to follow up and inform her in writing in any case not later than December 27, 2021.
The 282 double cabin pickups that were given to districts for Covid response were procured using money donated by Ugandans for Covid response. By Tonny Abet, Daily Monitor
Vaccines deployment taskforce chair Dr Willis Akhwale during the Covid-19 briefing at Afya House on December 22, 2021 Image:MAGDALINE SAYA
The elderly people and those with preexisting medical conditions will be given priority in the booster schedule.
In Summary
• The US CDC has recommended an extra shot for the elderly and those with a compromised immune system
• The ministry has been gathering local data on the need to administer Covid-19 booster jabs to those already fully vaccinated.
Kenya will from January roll out the Covid-19 vaccine booster jabs, the Health Ministry has revealed.
The Kenya National Immunization Technical Advisory Group held a meeting on Monday to deliberate on the matter after scientific evidence showed that immunity against the virus wanes over time.
A Covid-19 booster shot is an additional dose of a vaccine given after the protection provided by the original shot(s) has begun to naturally decrease over time.
A booster tricks the immune system into thinking that it is again seeing a pathogen, so antibody-producing cells, and other immune cells, are recalled into gear.
“We appreciate that there is data on waning vaccine protection. The Kenya National Immunization Technical Advisory Group met this Monday,” vaccines deployment taskforce chair Willis Akhwale said.
“They are finalizing the report but I can just mention they are going to recommend booster shots and specific guidelines will be given as we begin the New Year.”
Akhwale had earlier own hinted that the elderly people and those with preexisting medical conditions will be given priority in the booster schedule.
With the Omicron variant rapidly spreading across the world less than two months after it was first isolated by scientists in South Africa, most countries including Kenya are considering the possibility of a booster vaccine dose.
The US CDC has recommended an extra shot for the elderly and those with a compromised immune system as well as those aged 18 years and above with existing medical conditions and those in high-risk jobs such as healthcare workers.
The ministry has been gathering local data on the need to administer Covid-19 booster jabs to those already fully vaccinated.
“It is much better if it is done from the programme perspective if the committee thinks there should be booster doses, then it looks like the vaccine should be mixed, you don’t get the same vaccine you got for the first two doses,” member of the vaccines taskforce Dr Richard Ayah said.
The ministry has noted that the uptake of the vaccine has gone up with 154,000 vaccinations taking place on Tuesday. Edited by D Tarus, Magdalene Saya, The Star
A National Police Reserve member and a livestock herder in Loreng, near the border with Uganda. Photo Georgina Smith /Al Jazeera
Turkana county, Kenya – Lying in his hospital bed, a bandage wrapped around his foot, Ekidor Esekon remembers little of the day he was shot. What he does recall is setting out early on an otherwise normal morning in early December, to herd cows with his cousin deep in the bush along Kenya’s border with South Sudan.
Then, they were attacked. Shots were fired; his cousin escaped and he found himself in an ambulance, with a gunshot wound near his abdomen and one foot swollen with pus. He knows that some of his animals were stolen but does not know how many are left.
Esekon is one of an increasing number of pastoralist herders caught in a conflict along Kenya’s border with Uganda and South Sudan over dwindling natural resources, exacerbated by severe drought and hunger ravaging the region.
The World Food Programme has reported that at least 2.4 million people in Kenya risk going hungry as drought hits the north and east of the country, a nearly threefold increase from last year. Two consecutive failed rainy seasons and multi-seasonal drought is expected to drive crisis and emergency across eastern and northern Kenya, as well as southern and southeastern Ethiopia and Somalia, where severe food insecurity is expected to continue into 2022, driven by the combined effects of conflict, drought, floods and economic shocks on household food and income sources.
The hospital where Esekon is receiving treatment in Lokichogio, located in Kenya’s northern Turkana country some 30 kilometres (19 miles) from South Sudan, is sparse with few facilities. In a bed near him, an older man rests his leg in a cast on an old piece of ragged foam; another lies on a plastic mattress without sheets attached to a catheter bag. In recent weeks, more gunshot wound victims have been referred to other hospitals in the county better equipped to cope with the wounds.
When there is water scarcity, more attacks tend to happen at water points, explains Esekon. “The bandits attack us frequently, and they come with guns,” he said.
‘Threatened by enemies’
Further southeast, in the centre of a wide, dry river bed, a group of camels and goats surround women wrapped in red and orange shawls with colourful beaded neck-dresses. In the midday heat, the women peer into a deep hole in the riverbed, searching for water. The communities in this area of Loreng, bordering Uganda, are taking it in turns to share water from the hole, making sure to bring their children with them so they too can quench their thirst.
“We are heading into the worst situation, we are not seeing any sign of rain coming,” said Kacimapus Ichor. “This one is worse because we don’t have water and also we are being threatened by enemies,” she added.
Usually, water is drawn in turns according to an agreement reached between local communities. But such arrangements do not exist with “enemies”, a broad term Ichor uses to describe tribes from nearby Uganda and South Sudan searching for food and water, making fetching water and finding pasture for their animals more dangerous.
Ezekiel Dida, the programme manager at the Lotus Kenya Action for Development (LOKADO), an organisation set up to address cross-border conflict, acute poverty and illiteracy in northwestern Kenya, said “a new trend” has emerged in recent months. People were now stealing animals to sell them for money, rather than in previous years where raids would occur to restock herds, he said.
“Between September and December, raids have increased from two or three a month to nine to 12 in different locations, not just in one location, mainly along the national borders,” he said.
A December bulletin issued by Kenya’s National Drought Management Authority warned that Turkana is among eight counties at the “alarm phase” of worsening drought. A forecast by Kenya’s Meteorological Department indicated Turkana among several counties experiencing below-average rainfall of less than 30-60 percent of the 40-year average in northern and eastern Kenya.
Unpredictable rainfalls are chief drivers of the conflict.
“Things have changed totally, so within the pastoral community, knowing when to be where, the formula is still not there,” said Dida. As people are forced to migrate to areas where they can find water and pasture, “those are the areas where a lot of attacks are as people struggle to share the same resources, especially with pastoralists from other countries”.
Slow gov’t and humanitarian response
In September, Kenya’s government released two billion Kenyan shillings ($17.7m) under the National Drought Emergency Fund to respond to the ongoing drought situation in the country. But this has been slow to trickle down to the areas where it is needed most.
At the Turkana pastoralist Development Organization TUPADO, an non-governmental organsation working with pastoralists from Turkana and in neighbouring countries including South Sudan and Uganda, programme manager Sammy Ekal said a more robust government and humanitarian effort is urgently needed in severely drought-affected areas.
“The county government has no budget; as of now, they are not able to provide feed,” said Ekal, adding that the lack of rainfall since last year had prompted a “mass movement” of pastoralists from Turkana to the cross-border areas of Uganda, South Sudan and Ethiopia.
“In 2019, there were flash floods; after that, there was no rain and the drought is biting even now,” he said.
By January, Ekal fears there will be deaths. “That is what we need to prevent.” - Al Jazeera
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