| | |
| |
| | | | Welcome to Issue 10 of the CERTIZENS Newsletter | |
| | | | | | | For
CERTIZENS, the start of 2024 was marked very positively by gathering together
with other scholars at the East Africa Regional Workshop we hosted in Kampala,
Uganda, titled Changing ID Systems in East Africa: Histories, Policies and
Practices and the Reshaping of States and Citizens. See a detailed report
on this here. The workshop afforded a great opportunity to share
insights from individual cases across seven African countries, as well as to
explore more comparative empirical and conceptual findings across cases,
countries and regions. We're aiming to pursue an edited publication that will
showcase this work.
The Kampala
workshop was followed immediately by our internal Annual Meeting which gave
particular attention to supporting the ongoing work of our PhD and Masters
students, now numbering five and nine respectively. The latest two MA additions
from Uganda are introduced in this newsletter. We were also delighted while in Kampala to
celebrate Moses Muluba, the first among our CERTIZENS-supported Masters
students to graduate. We feature his research on the uneven history of birth
registration dynamics in Eastern Uganda below and here.
Besides
this, as usual the Newsletter highlights a small selection of the wealth of
media coverage, scholarly research outputs and practitioner reports addressing
aspects of the expanding global, national and local dynamics of diverse yet
inter-related identification, certification and registration politics, policies
and practices.
Happy reading.
Amanda Hammar, CERTIZENS Project Leader Copenhagen, April 2024
| | | | |
|
|
| | | | | Photos: Toke Møldrup Wolff and Georges Macaire Eyenga | | | | |
|
|
| | | | |
| | | | | CERTIZENS celebrates its first MA graduate | | | | |
| | | | CERTIZENS team members congratulating Moses Muluba in Kampala, January 2024. From left to right: Alice Tomusanga, Godfrey Asiimwe, Moses Muluba, Amanda Hammar (Photo: Toke Møldrup Wolff)
| | | | |
| Moses Muluba researched birth registration in Eastern Uganda from a historical perspective | |
| | | | Moses Muluba, a member of CERTIZENS Uganda, is the first to graduate out of ten MA students in both Ghana and Uganda being supported by the CERTIZENS Project. He graduated from Makerere University (Department of History, Archaeology and Heritage Studies) in December 2023. His thesis ‘Unfolding diverse citizen response to birth registration in Iganga district, Uganda (1904-2021)' focuses on the historical challenges and the current developments of people securing birth-related identification documents in Iganga District in Eastern Uganda. He unfolds why birth registration rates remained lower than in other Ugandan regions in the past. Due to an epidemic of sleeping sickness in the region in the early 20th century, colonial authorities established registration policies. They combined access to the questionable treatment with obligatory civil registration of the patient and his entire family. This and other policies in the following years made most people in Iganga reluctant to register themselves or their children.
In numerous interviews and focus-group discussions, Moses further investigated present-day positions of parents on birth registration. A lack of awareness of the consequences, local beliefs in sorcery and systemic obstacles like contradictory information, travel distances and costs hinder parents obtaining the important certificate until today. Moses highlights that many parents nowadays, unlike in the past, believe that obtaining a birth certificate is part of their parental responsibilities.
Read more about Moses' research findings and reflections on our website. | | | | |
|
|
| | | | |
| | | | | | | | CERTIZENS welcomes new MPhil students | |
| | | | We welcome two new members of the CERTIZENS research team. The MPhil students from the University of Makerere have been awarded a partial scholarship to support them in the final year of their research and thesis writing.
Mary Stella Byona (left) explores ICT and E-passport management
in Uganda's Immigration Service. Her study focuses on a case of the Directorate of
Citizenship and Immigration Control.
Carol Nyangoma Mukisa (right) focuses on the nexus between women labour migrants and gender dimensions in national
identification systems in Uganda.
| | | | |
|
|
| | | | |
| | | | | In
this issue, we highlight two recent cases of significant court interventions related
to national ID cards in South Africa and Kenyarespectively, which have
sparked intense public debate in traditional and social media. We also present a selection of CERTIZENS-relevant issues in the press. To suggest a news report or feature for the next newsletter, please email: certizens@teol.ku.dk
| | | | |
|
|
| | | | |
| | | | | Gauteng High Court in Pretoria | | | | |
| | | | |
| | | | | Kenya High Court in Nairobi | | | | |
| | | | |
|
|
|
| | | | | On 16 January 2024, Gauteng High Court (Pretoria, South Africa) declared the practice of blocking IDs by the Department of Home Affairs (DHA) unconstitutional and an unjust and an irregular administrative practice.
The practice of blocking IDs in South Africa originates in a campaign by the Department of Home Affairs (DHA) in 2012 to address the problem of duplicate IDs on the National Population Register and to enhance their accuracy and integrity. As at November 2022, DHA had blocked 2,5 million IDs, but subsequently unblocked 1,8 million of these before the January 2024 court hearing. The recent Gauteng High Court decision affects the remaining 700.000 IDs which remain blocked, as well as shaping future practices.
A complaint was filed in February 2023 by affected individuals with the help of several local civil rights organizations (Lawyers for Human Rights, Legal Wise South Africa and the Children's Institute). A blocked ID cuts off affected individuals from essential services and rights, such as obtaining a passport, ability to travel, access to education and healthcare, or being able to open a bank account. This makes them "ghosts in the system and leaves them in a state of statelessness" (Daily Maverick). If parents' IDs are blocked, minors may suffer from the consequences, such as being denied birth registration or the ability to obtain a personal ID at the age of 16. The Children's Institute provided evidence to the court that children without birth certificates face a serious risk of exclusion from social grants and school attendance.
While the Hight Court deemed it appropriate for the DHA to mark suspected IDs, the practice of DHA blocking the ID without following any just administrative procedure was declared unconstitutional, since affected individuals are not given prior notice nor given the opportunity to defend their case by providing further information. Furthermore, blocking of an ID must be authorized by a court decision. The Court gave DHA twelve months to remedy the situation and to immediately remove any blocks on minor children whose parents' status has not been finally revoked. Consequently, DHA cannot refuse to register the birth of children with parents whose IDs are under investigation, making it a landmark child rights case (Mail and Guardian).
This issue of ID blocking is currently being widely debated. Several commentators, including Bronwen Manby (human rights scholar and senior policy fellow at LSE) and Jaap van der Straaten (co-founder of Civil Registration Centre for Development in Rotterdam), have applauded the work of Lawyers for Human Rights and the role of the High Court in this case. This is seen as a wake-up call for South Africa to counter a practice that denies people's most basic rights. The significance of the issue also lies in the high number of people being affected. According to van der Straaten, in 2021 approximately 6% of the 41.3 million people of ID-age in South Africa had been affected by a blocked ID. Furthermore, the practice, which has unfolded over the last twelve years, was not, according to Keith Breckenridge (co-director of Wits Institute for Social and Economic Research and Professor of History at the University of the Witwatersrand), an automatic technical error but rather based on manual decisions made by the acts of multiple thousands of DHA bureaucrats. This unfolded, according to Lawyers for Human Rights, an increasingly arbitrary and discriminatory practice without following careful procedures.
Further resources: Court Judgement (16 Jan 24), Daily Maverick (17 Jan 24), IOL (18 Jan 2024), Mail & Guardian (18 Jan 24) | | | | |
|
|
| | | | |
| | | | | Kenya's second biometric ID card crisis due to court intervention
In the last months, the rollout of Kenya's new digital biometric ID card project, Maisha Namba, was temporarily stopped by a decision of the High Court on a lack of data protection, which is now causing a large backlog in the issuance of ID cards.
Maisha Namba is Kenya's new digital biometric national ID card system. It is supposed to address the shortcomings of its failed predecessor, Huduma Namba. Huduma Namba was stopped before rollout by a High Court ruling in 2020 because it did not comply with the Data Protection Act. In December 2023 history gets repeated (Biometric Update) when the rollout of the new Maisha Namba system was halted by the same court. Several Kenyan civil society organizations led by Katiba Institute claimed in court insufficient public participation and an insufficient data protection framework. Furthermore, concerns were raised around the exclusion of marginalized groups who only recently gained their citizenship status in Kenya (Fred Nasuba, Democracy in Africa). The court confirmed the lack of a data protection impact assessment and suspended the rollout.
Subsequently Kenyan citizens have faced a backlog of the issuance of their ID cards because the printing systems were already configured for the new Maisha Namba card (Kenyans KE). Thousands of citizens have been unable to get the ID cards they applied for. News reports estimate that up to 600.000 ID cards are affected. (Biometric Update)
On 28 February 2024, Kenya's High Court lifted the December 2023 injunction and it is anticipated that rollout of the Maisha Namba system will recommence. The lawsuit has been transferred to the Constitutional Human Rights Division for further review. Despite that, civil society organizations continue to encourage the government to review the process and to not misinterpret the removal of restrictions as approval to proceed. But according to Julius Bitok, Permanent Secretary for Immigration and Citizen Services, the government will now accelerate the issuance of the new cards. (Techlabari)
Further resources: TechCabal (28 Feb 24), CapitalFM (5 Dec 23), The Star (27 Feb 24) | | | | |
|
|
| | | | |
| | | | | Several African countries disconnect SIM cards that are not connected to biometrics and/or national identity numbers. Uganda Telecom Regulator disconnects 1.4 million SIM Cards in November 2023 alone. MTN Nigeria disconnects 4,2 million SIM cards. In Ghana, MTN blocks 4,8 million SIM cards of those who failed to reregister with their Ghana Card. New Vision, 29 Nov 23, MyJoy Online, 29 Feb 24, Leadership NG, 01 Mar 24
A digital version of the current physical Ghana Card will be launched in 2025, says Moses K. Baiden, CEO of Ghanaian company Margins ID Group which initially developed the Ghana Card. Techfocus24, 13 Dec 23
Ghana's Electoral Commission aborts plan to use Ghana Card as sole identity document for voters' registration. The plan was opposed by Ghana's opposition party, National Democratic Congress. GNA, 07 Mar 2024, Pulse Ghana, 12 Feb 24
Tunisia's parliament votes for new biometric identity cards, passports and the establishment of a centralized biometric database despite many years of delay and fierce criticism from civil society over data protection concerns. Biometric Update, 08 Mar 24
Ethiopia's National ID Program is preparing to enforce digital ID as a mandatory requirement to access selected essential government services based on the new Digital Identity Proclamation in Mar 2023. Shega, 12 Jan 24
Ethiopia starts issuing digital ID cards for refugees and returnees in cooperation with UNHCR intended to enable them access to social services. Biometric Update, 11 Mar 24 | | | | |
|
|
| | | | |
| | | | | This section presents a selection of recent journal articles, books, reports and blogs on CERTIZENS-relevant themes. To suggest an item for the next newsletter please send a link to the work and a brief description of its relevance to: certizens@teol.ku.dk
| | | | |
|
|
| | | | |
| | | | | The Social life of IDs in Côte d'Ivoire:
A visual political ethnography Richard Banégas, Armando Cutolo Visual Ethnography Vol. 12(2), 2023
In brief: This photo-essay is a compilation of photographs
on identification practices in Côte d'Ivoire based on an ethnographic archive established as
a by-product of long-term research between 2015 and 2020. The authors recognize
that initially photography had been seen as having a documentary and archival
purpose but they since turned into a more central feature of their
investigation. They note the political turn from a country open to high labor
migration up until the 1990s, to one dominated by an ethno-nationalist,
anti-migration discourse where identification practices became a tool to
‘unmask foreigners'. Policy attempts to
depoliticize those practices offer a compelling case to analyze the
relationship between identification and citizenship. The authors focus on the
conceptual opposition to biometric identification which subordinates any social
forms of recognition. Using photography, this short article offers a visual
insight into a case where the production of ‘papers' isn't reserved to the
state.
Legal identity in a looking-glass world:
documenting citizens of aspirant states Marika Sosnowskia, Bart Klem Citizenship Studies Vol. 28(1), 2024
In brief: The
article argues that refugees encounter difficulties in accessing education in
South Africa when they lack identity documents. It is based on desk research
and reviews recent studies and literature. The analysis reveals that refugees
face challenges in enrolling in educational institutions without identity documents. This situation has
significant consequences for their future access to employment and livelihood
opportunities and is against the South African Constitution.
The
corresponding special issue includes articles on different contexts worldwide
including one on Western Sahara, which we highlight below.
The right to
nationality of the Saharawis and their legal identity documents Andrea Marilyn, Pragashini
Immanuel Citizenship Studies Vol. 28(1), 2024
In brief: This article analyses how the unresolved
statehood of the Western Sahara territory complicates the nationality
status of Saharawis and their human right to nationality. It focuses on
identity documents within the framework of international human rights law. A major part of the territory of Western
Sahara is under Moroccan control and its inhabitants are conceived as Moroccan
nationals. However, a small part is controlled by the Polisario Front, a
non-state armed national liberation movement. The inhabitants of this area
remain stateless and struggle to establish their legal status nationally and
internationally. Both the Moroccan state and Polisario Front issue legal
identity documents in this territory. The authors conclude that while the Moroccan-issued
documents violate the Saharawis' right to nationality, the Polisario
Front-issued documents uphold this right and could clarify their nationality
status.
Digital
Identity and Inclusion: Tracing Technological Transition Emrys
Schoemaker, Aaron Martin, Keren Weitzberg Georgetown Journal of International Affairs Vol. 24(1) 2023
In brief: This short
article provides an overview of current debates and controversies about digital
identity ecosystems. The authors argue that digital identity, just like other technologies,
is political. Despite the contrary rhetoric emphasizing individual empowerment
through the transition from ‘Big ID' systems to self-sovereign identity
approaches, they present the argument that most digital ID systems continually
reinforce centralisation and existing institutional arrangements. Subsequently,
the article focuses on the ideologies that motivate the adoption of legal
digital identity technologies and their implications for inclusion and
exclusion.
| | | | |
|
|
| | | | |
| | | | | The Global Politics of Census
Taking – Quantifiying Populations, Institutional Autonomy, Innovation Walter Bartl, Christian Suter,
Alberto Veira-Ramos (editors) Routledge 2024, London
In brief: This book examines historical
trajectories and political implications of census taking in case studies around
the world, focusing on the year 2020 which was affected by the global COVID-19
pandemic. Thereby, the book investigates three areas: the politics of the
census concerned with identity politics, the institutional autonomy of the
census, and transformative methodological innovations.
Alena Thiel's case study on the history
of technopolitical transformation of the census in Ghana is worth highlighting.
It investigates material and technological path dependences from Ghana's colonial past to its current
ambitions of developing new measurement practices founded on interoperability‑based
population data infrastructures. The book also features a chapter on Nigeria by Temitope J. Owolabi
which argues that Nigeria's developmental concerns are intimately linked to
census politics. Additionally, Teke Johnson Takwa's chapter on Cameroon
analyses the role of smartphones for census data collection..
| | | | |
|
|
| | | | |
| | | | | The AU Interoperability
Framework for Digital ID African
Union Bureau of the Chairperson, February 2022 In brief: The African
Union (AU) recently published a new framework
document with the expectation to ramp up the expansion of legal and digital IDs
in Africa (Biometric Update, 17.01.24). The
framework defines requirements, minimum standards, governance mechanisms and
alignment among legal frameworks with the aim to strengthen the
interoperability of ID systems of the AU member states, and thereby foster
continental unity and integration for sustained growth. On an individual level,
citizens are supposed to profit from enhanced control over personal data if
member state implement the voluntary recommendations.
Privacy Scorecard Report 2023 Unwanted Witnesses, November 2023
In brief: This report
is the third annual edition of a comparative study of privacy landscapes in
Mauritius, Zimbabwe, Kenya and Uganda by the Ugandan civil society organization
Unwanted Witness, which is dedicated to promoting digital rights in Uganda. The
assessment is based on six indicators (including existence of an accessible and
noticeable privacy policy or the existence of robust security practices), and
covers four sectors, including e-government, where Ugandas national
registration authority NIRA is one of the authorities in focus. In the overall index score, Kenya registered
as highest and Zimbabwe lowest. On a sector level across countries, the highest
score is achieved by e-commerce, while the lowest score by e-government. The
report concludes with detailed recommendations for all stakeholders from
policymakers, to technology service providers, to users, and calls for a
strengthened practical implementation and enforcement of data protections laws. ID4D
Global Dataset 2021, Volume 2: Digital Identification Progress & Gaps World Bank, 2024
In brief: This report offers a snapshot of the digital
capabilities of government-recognized identification (ID) systems worldwide and
contributes to a broader understanding of global trends in the digitalization
of ID systems. Based on primary data collection from ID authorities
(2021–2022), data from the 2021 World Development Report's Global Data
Regulation Survey, and desk research, the report finds that in more than
90 percent of countries globally, ID systems now rely on digital data.
Besides 850 million people globally remaining without any official
identification, the report estimates that at least 1.1 billion people do not
have a digital record of their identity, 1.25 billion people do not have a
digitally verifiable identity, and 3.3 billion people do not have access to a
government-recognized digital identity to securely transact online.
| | | | |
|
|
| | | | |
| | | | | This section presents a selection of recent podcasts and audio material on
CERTIZENS-relevant themes. To suggest an item for the next newsletter please
send a link to the work and a brief description of its relevance
to: certizens@teol.ku.dk
| | | | |
| | | | Will Digital IDs Deliver for the
Rwandan People? - The Africa Hour This podcast is an insightful expert discussion on the pros and cons of
digital IDs in Rwanda. After an introduction by the host to the plans of the government
on digital IDs, the guests of the show are featured. This includes Hilda
Barasa, a Senior Policy Advisor with the Tony Blair Institute for Global Change,
Hudson Kuteesa, a journalist for the New York Times reporting on the current
digitalization plans of Rwanda, and Katelyn Cioffi, Senior Research Scholar at
NYU and expert on biometrics and human rights. Together they discuss their
opposing viewpoints on the implementation of digital IDs and thereby cover a
broad spectrum of arguments with a high relevance for other African countries.
Please Identify
Yourself – Chaos Computer Club In this talk on global digital public infrastructure,
the hosts explain the development of the Adhaar national ID system in India and
its parallels to the current EU process leading to the introduction of the
Digital Wallet. From minute 27 the hosts show parallels to the Kenyan case,
particularly the court banning of Kenya's first attempt at a digital ID system
which included DNA collection. It was stopped by the courts due to data
protection concerns at the same moment as Adhaar's legislation was tightened in
India.
| | | | |
|
|
| | | | |
| | | | | To suggest an entry for the next newsletter's Upcoming section, please send details of the conference, seminar or other relevant event to: certizens@teol.ku.dk
| | | | |
|
|
| | | | |
| | | | | We encourage you to submit announcements of relevant opportunities for the next CERTIZENS newsletter, including conference calls, calls for journal articles or book chapters, job openings, researching funding, or other opportunities. Please email: certizens@teol.ku.dk
| | | | |
|
|
| | | | |
| | | | | Do you know someone who would enjoy this newsletter? Please forward it on
| | | | |
|
|
| | | | |
| |
|
|
|