Uganda treads cautiously on Kigali protocol

Uganda is setting up a committee to discuss the Kigali protocol, under which the New Partnership for Africa’s Development (Nepad) will build the US$2 billion Uhurunet and Umojanet broadband infrastructure networks.

The Uganda committee, christened Broadband Infrastructure Strategy Team (BITS) Uganda, aims to come up with a national position on the Kigali protocol.

The Kigali protocol is the policy and regulatory framework agreement designed to enable eastern and southern African governments to harmonize regulations and facilitate the construction and operation of infrastructure. A stakeholders meeting held in Kampala has resolved that wide consultations on the Kigali protocol, which has so far been ratified by seven countries, be carried out before the protocol is ratified in Uganda.

"Before ratification, we need wide consultations so we [can] come up with a white paper on Uganda’s position on the Kigali protocol," said Badru Ntege, the chairman of the Uganda Internet Service Providers’ (ISP) Association.

"Ratification as-is has many implications for the telecoms sector in Uganda," said Donald Nyakairu, the corporation secretary for Uganda Telecom. "I would rather remain outside until some clauses are changed," he continued, noting the main question is whether the telecom company would be able to participate in Baharicom as an investor.

Baharicom is a special purpose vehicle (SPV) that has been created under the Nepad ICT broadband infrastructure initiative, expected to run a network 50,000 kilometers across Africa, terrestrially and underwater. Baharicom is part of the Nepad e-Africa Commission, tasked with developing ICT policies, strategies and projects. The e-Africa commission is coordinating the signing and ratification of the Kigali Protocol.

The Nepad ICT broadband infrastructure network has been split into two networks including Uhurunet, the submarine cable, and Umojanet, the terrestrial cable. The two networks will be managed by Baharicom.

Uganda Telecom's Nyakairu, who is also an official with the East African Submarine Cable System (EASSy), also stressed that if Uganda signed the Kigali protocol, as it is, the Uganda Communications Commission (UCC) would have to change Uganda’s regulatory framework.

"I would rather we debate this protocol and clear the issues before it is signed," Nyakairu said.

The Kigali protocol came into force in February when Malawi President Bingu Wa Mutharika approved it and made the nation the seventh country to ratify the protocol. Ratification by seven countries was the majority needed to bring the protocol into force.

Other countries that have already ratified the protocol are: Lesotho, Mauritius, Rwanda, South Africa, Tanzania and Zimbabwe.

Uganda's ICT minister, Ham Muliira, chaired the Uganda stakeholders meeting and said ratification of the protocol would essentially open the door to interested parties to participate in new infrastructure by investing in Baharicom.

"Without ratification, nobody can participate," Muliira, said. "That is why we have called you here, the sector players, to hear your views before we ratify the protocol, because we want you, at the end of the day, to invest in the project."

Ownership is open to governments and the private sector, including African telecom and non-telecom companies, who will able to have a total 45 percent stake; international investors, who can have a total share of up to 25 percent; while the balance will be allotted to Baharicom.

Over the past few years, the eastern seaboard of Africa has seen a rush of investors planning to build submarine cables.

The section between Durban, South Africa, and Port Sudan on the eastern coast of Africa is not covered by a single submarine cable.

That means that communication companies in the area can only connect to the rest of the world via satellite, which is very expensive. As a result, Internet penetration and access costs are still high in the region.

Aside from the Nepad initiative and Eassy, other planned submarine cables include Seacom, being built by Industrial Promotion Services (IPS) and partners from the U.S.; the East Africa Marine System (Teams), spearheaded by the government of Kenya; and Infraco, which will be wholly owned by the South African government.

Eassy and Teams have gotten a leg up on rival cables, with construction now under way.