Affordability of communication services is a fundamental right in South Sudan: A response to Hon. Michael Makwei Lueth
Juol Nhomngek
By Hon. Juol Nhomngek Daniel, Juba, South Sudan
Saturday, 30 November 2024 (PW) — On Wednesday afternoon I came to learn with dismay the statement of Hon. Michael Makuei Lueth, the National Minister of Information, Telecommunication and Postal Services when he responded to the complaints of general public on the increment of tariffs by telecommunication operators companies. The response was published by the Eye Radio, which in summary reads as follows: “If anybody is complaining for high mobile tariffs, refrain from using the telephone because it is not compulsory. If you fell that you are being overcharged, you better refrain from using it. The high tariffs will give us an opportunity to learn how to use telephones. There are people who use telephones for conversation for over 1 hour, 2 hours and 3 hours.” This response rose the anger of the public according to comments on social media.
The question is, is the general public justified to complain against the hiking of communication tariffs? The answer is automatically yes. The affordability of communication services is one of the fundamental human rights that South Sudan undertook responsibility to implement so that the citizens realize it. As it has been observed internationally, in a digital economy, fair access to communication channels plays an important role in fostering inclusion in the economy by preventing owners and operators of communications infrastructure and networks from unfairly discriminating in their provision of wholesale ad retail services.
Telephone as a means of communication has been a key instrument in educating and mobilizing general public and communities in support of the government policies. It is the mean of connecting people in urban setting where the direct human voice calls cannot reach the people and where it is hard to look for a person in order to do a certain business. The communication through a telephone is an essential tool in our daily lives and different businesses at individual and commercial levels. Smartphones and computers are tools for business and academic researches in both the market and schools. Making sure people can access affordable phone, broadband and pay TV services should be a priority for the government of South Sudan as a requirement of the Constitution of the Republic of South Sudan.
South Sudan Government Authorities in their reporting to the United Nations Office of the High Commissioner for Human Rights (OHCHR) in the Report of the Working Group on the Universal Periodic Review in 2016 where South Sudan received 233 recommendations from 85 countries with 11 of those recommendations made in reference to the right to freedom of expression and media, it pledged to implement the provisions of laws of South Sudan on digital rights and freedoms.
South Sudan undertook that it would ensure protection of digital rights, offline rights and freedoms. South Sudan promised all the countries that were in attendance to protect, respect, fulfil and promote freedom of expression, access to information, data protection and privacy in accordance with regional and international human rights instruments to which South Sudan is a party. Affordability to communication services of all types is the basis of access to information as provided for under Article 32 of the Transitional Constitution of the Republic of South Sudan, Access to Information Act, 2013 and Media Authority Act of South Sudan. All these laws provide for the fundamental rights of access to information and affordability of communication services as it is required under the regional and international human rights law.
South Sudan has obligations to protect the right to privacy and freedom of opinion and expression that must be implemented through cheaper communication services. South Sudan has the duty to implement Articles 17 and 19 of the International Covenant on Civil and Political Rights (ICCPR) read together with Article 9 of the African Charter on Human and Peoples’ Rights (ACHPR), which provides for the right to freedom of expression.
According to the International Telecommunications Union (ITU) citizens of the countries that are members to it including must have access to mobile broadband subscriptions. This is in line with the promise of the President who gave citizens assurance to freely express their views and opinions during the launching of the National Dialogue in 2017. Supporting citizens to have affordable access to communication services and freedom of press and express helps them to develop harmony among communities and rebuilding their trust in the government.
Finally, Section 73 of the National Communication Authority Act, 2012, which Hon. Minister Michael Makuei Lueth is in charge of, establishes the Universal Service and Access Fund (USAF). Among the USAF key objectives is to develop and deploy communication services to cover the entire population of South Sudan, to include, urban, rural and remote areas to ensure universal service and access.
In conclusion, the citizens and the general public has the right of access to affordable communication services. The government and telecommunication service providers have obligations to provide affordable communication services to the citizens and general public including the rural population. The government must work to ensure expanded levels of communication penetration in rural and under-served areas. This includes improved broadband penetration in the country.
The statement of Hon. Michael Makuei Lueth was made in breach of South Sudan duty under national, regional and international human rights law. South Sudan has the duty to make sure that all citizens have access to affordable communication services. When they complain of the high costs of communications, they are reminding the government its duty to reduce the costs of communication including free access to internet. Accessibility to affordable communication and internet services is not a privilege but it is the necessity for all citizens that the government must ensure that communication services are available to citizens at cheaper prices or free of charges.
After all, communication services like health, water, education, electricity and security services are public goods that the government must subsidize or provide for free of charge to citizens. They are necessity and citizens do not have options to decide whether to use them or not. Hence, Hon. Minister made wrong statement and the Parliament should question him.
The Author is a Member of the National Parliament (TNLA) representing Cueibet County in Lakes State under the ticket of the SPLM-IO. He is a legal professional specializing in Constitutional and Human Rights Laws. He serves as a Lawyer at Starford International University at Hai Referendum in Juba, South Sudan. He can be reached via email: at nhomngekjuol@gmail.com.
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