African Media Barometer Namibia Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation ANALYSIS: Freedom of expression is protected and guaranteed by the Namibian Constitution, but there are no other pieces of legislation, such as a Freedom of Information Act, to protect freedom of expression and freedom of the media. Article 21 of the Constitution states: “All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media.” Article 22 of the Constitution states: “Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorised, any law providing for such limitation shall: (a) be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual; (b) specify the ascertainable extent of such limitation and identify the Article or Articles hereof on which authority to enact such limitation is claimed to rest.” Article 144 of the constitution acknowledges international conventions, such as the Universal Declaration of Human Rights with its Article 19 guaranteeing freedom of opinion and expression. It is worth noting that a “relatively good draft media policy”, written by the Ministry of Information and Broadcasting, was released for discussion to stakeholders at the beginning of 2007. There was consensus that this draft is so progressive that it is doubtful whether it will ever become law, but it could indicate positive change in terms of the government’s attitude to the media. The draft policy recommends constitutional changes and makes provision for a self-regulatory media body. SCORES: Individual scores: 3, 3, 3, 4, 4, 4, 3, 3, 3 Average score: 3.3 (2005 = 3.4) 1.2 The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. ANALYSIS: Some members of the panel felt that Namibians are not able to express themselves without fear. “Freedom of expression in Namibia is offset by some element of political fear”, which is So This Is Democracy? 2007 -194- Media Institute of Southern Africa