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APC
comments on the first draft National ICT Policy for Zambia
Association
for Progressive Communications (APC)
April 30, 2004
JOHANNESBURG, South
Africa -- In a letter to the Zambian ministry for communications and transport,
APC has commended the Zambian government for its efforts in drafting a
holistic national ICT policy and for disseminating the draft online to
make it possible for the public to submit comments. "We value the
broad definition of ICT adopted early in the document," says APC,
but "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."
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.
For more information:
Contact: Emmanuel
Njenga Njuguna - africa.rights@apc.org
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