The State of ICT Policies in Uganda and the Envisaged Legal

Framework

Hon. Nathan Nabeta IgemeMember of parliament and Chairperson, ICT committee

nabeta@parliament.go.ug

Facilitator’s profile

• Member of Parliament of Uganda for Jinja East Constituency 2001 update.

• Chairperson, ICT committee.• Member, Committee on National Economy.• Member, Standing committee on Science and Technology.• Member, Sessional Committee on Trade, Tourism and

Industry.• Member, Committee on Commissions, Statutory Authorities

and State Enterprises.• State Minister for Trade.

Use of IT in Industry Sectors

48 respondents interviewed, 20.8% (10) were in the Finance and Banking sector, 12.5% (6) in the Communications Sector, and 10.4% (5) in the Tourism sector.

This shows us that there are few sectors of the economy that have fully embraced the use of IT and therefore an indicator for government to sensitise and formulate policies that would encourage and stimulate the use of IT in the different sectors of the economy.

Sector Frequency

Percentage

Agriculture(fisheries, forestry, animal industry, environment)

1 2.1

Communication 6 12.5

Broadcasting 1 2.1

Education and training 1 2.1

Engineering/Architecture/Construction

1 2.1

Finance/Banking/Audit/Accounts

10 20.8

Manufacturing/Industrial 1 2.1

Research and Development

1 2.1

Computer seller/Distributor/ Wholesaler

1 2.1

Hotels 1 2.1

Social work 1 2.1

Tourism 5 10.4

Trade 1 2.1

Transport 2 4.2

Insurance 1 2.1

Information technology 2 4.2

Public administration 1 2.1

Electricity, Gas and Water

2 4.2

Others 1 2.1

Total 48 100.0

Skills Needs • These include business skills,

computer assembling, • Project management 12%, • 27.1%network security, • 14% Computer engineering, • 4% embedded systems and web

designers.• Basic IT Skills 12%• Business Skills 16%• These skills will be important if

the IT industry is to flourish in Uganda.

• Government should put in place a framework for skills training through public private partnership.

Importance of IT• 31.2% (15) were of the opinion that IT is an important tool that can ease business transactions,

• while 16.7%(8) said it was imperative that IT be introduced in education and training in schools right from the grassroots,

• 12.5%(6) other respondents said IT would boost the agricultural sector since Uganda is an agro-based economy.

• Marketing Uganda through IT (16.8%) was also seen as an important policy area that should be pursued to improve Uganda’s competitiveness globally.

IT Policy Survey• Interestingly several conclusions regarding IT

Policy priority areas were also made. This is in line with other previous studies on IT policies.

• In terms of:– Globalisation 64%, – Improved Education facilities 29.8%, – Improved National Security 2.1%, – Increased Business Awareness 19.1%, – Increased productivity 19.1%, and – Procedures and Guidelines for IT usage 2.1%

• Secondly, several recommendations were drawn including – E-Governance, E-Services, Equal Rights to all

end users, IT awareness, – IT for all, non political and a well focused and

comprehensive policy.

ICT Policy, Legislation and Regulation: A Historical Perspective

• The national ICT policy development process was initiated in 1998 by the Uganda National Council of Science and Technology (UNCST).

• In May 2002, the UNCST submitted a draft National ICT Policy Framework to cabinet. – Approved in December 2003 (NPA, 2005).

• Other ICT-related policies already put in place include:– the Rural Communications Development Policy for Uganda (UCC, 2001), – The ICT Policy , Ministry of Works, Transport and Communications– the National Broadcasting Policy (WOUGNET, 2004), – and the e-Government Strategy Framework (Uganda e-Government, 2006).– the National Information Technology Authority- Uganda (NITA-U) Act 2009

• The legal and regulatory framework for promoting ICT in Uganda includes :– the Electronic Media Act (Government of Uganda, 1996), – the Uganda Communications Commission Act (UCC, 2000), – the Access to Information Act (Government of Uganda, 2005), – and the Copyright and Neighbouring Rights Act (2006).

• Bills that are ready for debate in parliament include – the Communications Act Amendment Bill (2005), – the Electronic Transactions Bill (2004), – the Electronic Signatures Bill (2004), – and the Computer Misuse Bill (2004).

Telecommunications Policy (1)• Telecommunication plays an important role of ensuring that easy access to relevant

information and efficient communications play in supporting human development, it also ensures equitable access to telecommunication services for all the citizens of Uganda through an enabled and competitive private sector.

• Policy Objectives– To promote and enable the building and establishment of an appropriate infrastructure

that supports ICT for development and achieves Universal Access in Uganda– To promote fair competition and private investment in the telecommunications sector

with particular emphasis on development and encouragement of local participation, including specific incentives for investing in telecommunications

– To increase the levels of ICT functional literacy in all sectors and build human resource capacity to support the sector

– To identify and establish innovative financing mechanisms that address specific needs of telecommunications development

– To promote the use of telecommunications for the stimulation of production, storage, and dissemination of in-country information and knowledge in both public and private sectors

Telecommunications Policy (2)– To facilitate the broadest possible access to public domain information– To ensure gender mainstreaming in telecommunications development– To provide for establishment of an enabling legal and regulatory framework that, among other things,

takes into account the convergence of technologies.– To enhance regional and international level collaboration and co-ordination in telecommunications

development– To encourage innovation and facilitate the development of new services and technologies such as VoIP,

provided under clear guidelines issued Uganda Communications Commission• Policy Strategies

– The Policy Strategies of the Telecommunication Policy are:– To create an environment conducive for the establishment of a fully liberalised, technology, neutral and

competitive telecommunications sector with no entry barriers– To create ubiquitous presence of telecommunication infrastructure and services through ease and

affordability of access to relevant, accurate and timely information.– To ensure availability of a competent human resource to support the telecommunication environment– To deliver a high level information and needs service to all sectors of society, especially the marginalised

section– To create a policy and regulatory environment that supports Uganda’s aspiration of being a

telecommunications and IT services hub.

Broadcasting Policy• Broadcasting Policy aims at delivering high quality and efficient broadcasting

services by both public and private service providers. Policy Objectives• To establish an institutional framework that would facilitate policy formulation

and development by Government, Licensing and Regulation by the Broadcasting Council, and service provision by broadcasters.

• To introduce a viable, independent, professionally run public broadcaster accountable to the public to ensure efficiency and quality programming

• To ensure that commercial operators strike a balance between profit and social responsibility

• To promote broadcasting which is for, by and about specific geographical communities or communities of interest, whose ownership and management is representatives of those communities, which pursues a social development agenda and which is not-for-profit

• To streamline the operations of subscription or pay radio and television in Uganda and its license obligations considering its unique means of service distribution

Broadcasting Policy (2)• To provide a platform for growth of additional television and radio services either

via conventional television and radio services or by interactive multi media, and other services delivered from the Internet

• To prepare Uganda for the transition from analogue to digital broadcasting• To ensure that broadcasting supports the provision of information and education

to the Ugandan population, especially those sections that have no access to formal education. It is also designed to ensure the maintenance of appropriate knowledge and skills for broadcast practitioners

• To ensure effective regulation of media ownership in order to safeguard pluralism, diversity and the overall national interest

• To streamline the operations of the operations of the film and music industries and promote local production and talent

• To ensure the growth of the advertising this industry as a major source of income for the broadcasting media

• To ensure that broadcasters as a whole play a crucial role in providing a level playing field in the electronic media for all political actors so as to promote political and socio-economic development

Broadcasting Policy (3)Broadcasting Policy Strategies• Establish legislation for promotion of national ownership of various

categories of media• Develop a regulatory system that will prevent mono-media or cross-media

concentration, as well as mergers• Establish minimum requirement of local and foreign programmes, as well as

regulations on use of in-house and other local programmes• Institute a requirement for a minimum percentage of public service

programmes for the various forms of media (Public service, community service or commercial)

• Ensure equity in the formulation and delivery of public interest messages to various interest groups, including minority groupings, as well as between urban and rural communities

• Ensure that public interest messages are delivered in appropriate languages and at suitable times for their target audiences

IT Policy• Information Technology has emerged as the single most important enabler for improving

efficiency and effectiveness of organisations. • IT Sector Policy Statement and• The Government of Uganda shall promote the efficient and effective utilisation of information

technology infrastructure and services by harnessing and adoption of an IT led economic and social transformation

• Supporting Strategies – To develop a national IT network infrastructure that is reliable, up to-date with enhanced security and

create a national database to support access to information services; – Develop an extensive pool of educated IT led manpower at all levels to meet local and international

requirements;– To generate employment by training a substantial pool of IT professionals to meet local and export

requirements;– To develop a research and development capacity and innovation system in Uganda;– The Uganda Government to facilitate and enable maximum opportunities to private sector led

development initiatives;– To facilitate and adopt the use of electronic commerce and e-government for both national and

international transactions and establishing Uganda as a global centre of excellence.

IT Policy (2)– To ensure IT led economic development by establishing business incentives for both local and foreign

investors in the IT sector (including the software, hardware, and service industries) and the use of its products.– To improve healthcare delivery systems with widespread use of Internet nationally; – To improve production, agro-processing and food security through extensive use of IT applications in

agriculture; – To promote tourism, national cultural heritage through extensive use of IT applications, and other sectors with

widespread use of Internet; – Promote and popularise widespread use of IT applications in government ministries and agencies for efficiency

improvement and transparency in service provision. Further to facilitate citizens to access and use of public information;

– To develop and adopt national and international standards in the planning and smart use of IT. – To facilitate and adopt the use of IT and establish Uganda as a global centre of excellence.– To provide maximum benefits to all citizens by engendering gender mainstreaming in all IT sub sectors by

empowering women, youth and people with disabilities for global competitiveness;– To be mindful of the Impact of e-waste management on the environmental monitoring and control systems;– Develop an enabling legislative and regulatory framework for IT related issues to achieve the strategic

objectives;

Postal Services Policy• Postal services are aimed to facilitate trade, commerce and communications both at

home and abroad. • These services not only act as an important intermediary lining business and consumers

but also undertake essential activities necessary for the functioning of modern market economies.

• The importance of postal services is often underestimated in the communications industry.

Postal Policy Objectives• To promote the fundamental right to communicate by ensuring the provision of

universal postal service. • The service should allow customers to send and receive messages and goods to and from

any point in the world at affordable prices.• To improve the quality of the national and international postal network, providing

customers with a reliable, secure and efficient service.• To promote direct competition in non-reserved postal services, and indirect competition

in the other services.

Postal Services Policy (2)• To respond effectively to the needs and expectation of postal service

customers, through improved knowledge and product development, and the introduction of new products and services.

• To enable postal customers and operators draw maxim benefit from technological, economic, and regulatory changes in the postal environment, through the process of postal reform and development

• To strengthen and broaden co-operation and interaction among the stakeholders in the postal industry

• To attract private investments so that the sector can further be improved through a competitive environment

Some of the Challenges in ICT Implementation

• Low penetration of telephony in especially rural areas• Low penetration of Internet throughout the country (including bandwidth

capacity)• Many government offices still don’t have an Internet connection• Overpriced bandwidth• Lack of awareness of ICT• Lack of Skilled ICT-personnel• Lack of Comprehensive Supporting Legal and Regulatory framework

National ICT Policy FrameworkDynamic ICT Sector in a

Knowledge-Based Economy

Priority ICT Frameworks

Continuous Monitoring, Evaluation and Review

Policy Coordination

· Ministerial Steering Committee· Technical Committee· NITA, UCC, BC Secretariats· Private Enterprise, Academic

Institutions, NGOs, CBOs ICT Committees

ICT Sector Policies· Information Technology Policy· Telecommunications Policy· Broadcasting Policy· Postal Policy· Information Manangement Services

Policy· Institutional ICT Policy

Action Plans

· Implementation Strategies· ICT Master Plans

Government

E-Citezens

Infrastructure Development Framework· National Backbone Infrastructure· Access to public information· Universal access and Connectivity· WAN/LAN/MAN Development· Data Centres· Knowledge production, storage and processing

E-Government Framework· E-Government Network Infrastructure· Webtop/Desktop Applications· Multilingual content development· Electronic Document management system· E-Signatures, Email services· E-Government applications (E-Health, E-Agric, etc· Coordination and collaboration at local, regional and

international level

E-Commerce Framework· Recreational Down Stream Services· E-Tax· Business Process Outsourcing· IT Parks and Digital Hubs· Government to Business Services· Business to Business Services· Fair Competition and a private sector-led investment

Human Capacity Development Framework· National ICT Sensitisation and Awareness· ICT Education· ICT Professional Development· Research and Innovation in ICT· Mainstreaming gender in ICT

Legal & Regulatory Framework· E-commerce regulation· Network Security · E-transactions & Privacy· Intellectual Property rights· Convergence of technologies· Develop financing mechanism for ICT Development· ICT and the Environment

Knowledge Workers

Business / Commerce

Cost ReductionIncreased Efficiencey

Increased Effectiveness

Cost ReductionIncreased Efficiencey

Increased Awareness, Knowledge and Skills

Need For Legislative Framework For ICT• The Government of Uganda should promote and guarantee freedom and rights to

information and its use, protect individual privacy and secure justice for all by putting place the relevant legal framework.

Objectives of Such a Framework• To facilitate electronic communication and electronic governance (e- governance).• To facilitate electronic communication and electronic commerce (e-commerce).• To promote and secure electronic fund transfer and digital transaction payment system.• To protect government data, records and information in digital form.• To establish and enforce Cyber laws to combat computer crime.• To enthrone public confidence in the use, application and sharing of information.• To promote acceptable standard, authenticity and integrity in IT use nationwide.• To enhance freedom and access to digital information at all levels while protecting personal

privacy.• To promote intellectual property and copyrights.• To address critical ethical issues of the digital culture and protect the rights of children and

under-privileged.

Envisaged Legal Framework• The application of ICTs to government services may encounter legal and

regulatory challenges. • The government must ensure that national laws are updated to recognize

electronic documents and transactions. • Policymakers implementing e-government must consider the impact of

law and public policy. • The main objective of the law must be to define and specify the basis

necessary for the successful development of e-government legal and regulatory framework in order to ensure legal stability and continuous improvement of ICT policies in creating the e-government.

Envisaged Legal Framework (1)• The Envisaged legal framework should include the following:

– Identify the key tasks of the state and the main implementation measures thereof.– The law must put in place, the procedure for drafting and approval of the legal documents, and

the financial sources for the development of e-government;

• The legal framework must facilitation e-commerce, protection of intellectual property rights.

– The main principles of legal regulation of the law will be the creation of equal opportunities for everyone to participate in the processes of e-governance,

– stimulation of cooperation between state institutions and society, strategic planning and coordination of the bodies that take part in the development of e-governance and effective management thereof, moving from paper-based documentation and legal sources to electronic documentation and sources, and, finally, improvement of the quality of governmental services through electronic means;

• The law should specify what functions of the government will be carried out by which institutions, defining their competence, rights and obligations, as well as the principles of strategic planning;

Envisaged Legal Framework (2)• Commonly recognised fundamental rights and freedoms shall be unambiguously

extended to cyberspace, along with new extensions, which are made available by the emergence of cyberspace and e-government (e.g., access to Internet, electronic information and knowledge, etc.);

• A clear, predictable and transparent legal framework is key for the successful development of e-governance.

• A set of complementary initiatives in the legal, technological, business, and other areas. • Community led development is a critical element in the strategy for achieving universal

access to information and knowledge. • Community accesses centres and public services (such as post offices, libraries, and

schools) as an important factor of their development. – Any framework shall be universally accessible, trustworthy, and non-discriminatory. – Information is the basis of a well functioning and transparent decision-making process and a

prerequisite for any democracy. – Knowledge is the key agent for transforming both our global society and local communities.

Envisaged Legal Framework (3)Other legal issues should be resolved through harmonised law as a part of the

proposed e-government they include:• Procedures to be followed for sending and receiving electronic records

and the time and place for dispatch in the receipt;• Legal recognition of electronic records;• Legal recognition of digital signatures;• Use of electronic records and digital signatures in government and its

agencies;• Retention of electronic records for any specified period;• Publication of rules, regulations, and the Hansard etc., in an e-gazette;

and,• Right to insist that documents should be accepted in electronic form by

any ministry/department/organ of the central government.

Conclusions• The transformation of the rural economy into a knowledge

economy and the Information society, will bring about the national and regional competitiveness in the global market.

• The success of such transformation into a ‘Global Village’ will be dependent on Information and Communications Technology Enabled Services .

• The development of an ICT policies would catapult Uganda to the forefront of IT and communications development in the Africa and will attract IT investments from other countries.

• The harnessing of ICT policies with their enabling legal framework will facilitate the transformation of the economy and provide competitive environment for Uganda in the global market

THANK YOU