NAMIBIA INTRODUCTION Access to information held by government or public institutions is not easily obtainable. Though freedom of expression and human rights are guaranteed in a democratic Namibia, secrecy prevails, as there is no access to information law or even a government communication policy to guide public service information officers on how and when to communicate with the public. Rather, Namibia’s legal background is primarily designed to encourage secrecy and confidentiality, with apartheid-era legislation, such as the Protection of Information Act 1982, still in need of repeal. Access to information is necessary for the realisation of the basic rights to freedom of opinion and expression that are guaranteed in the United Nations Declaration of Human Rights, numerous other international human rights instruments, and the Namibian Constitution. The Namibian Government is not legally obligated to share or disclose any details regarding their operations and largely acts under a veil of secrecy, unless it decides on its own accord to share information or the information is leaked to the media by whistleblowers. Access to information is also essential for people to realise their basic right to participate in the governing of their country and to live under a system based on the informed consent of the electorate. Access to information provides the public with the opportunity to report and comment on issues of local interest, which are recognised as critical enablers for empowerment of the poor and for social liberty. An improved information flow and a greater range of communication channels are needed to meet the information needs of the poor and rural citizens, and to advance perspectives in policy discourse. The right of access to information is also guaranteed by Article 9 of the African Charter on Human and Peoples’ Rights, which has been further developed by the Declaration of Principles on Freedom of Expression in Africa as a fundamental and inalienable human right and an indispensable component of democracy and development, including socio-economic development. In addition to the absence of an access to information law, Namibia still does not have legislation protecting whistleblowers, which can act as a deterrent to citizens reporting dishonesty, bribery, and corruption. New regulations added to the Research, Science and Technology Act 2004, which requires government permission to conduct research, further dampened citizens’ access to information when inserted in 2013. The Act now defines research as “the systematic investigation or analysis into, and study of, materials, sources and the physical universe in order to establish facts and knowledge and reach conclusions”. It also demands that any organisation or individual conducting any activity that could be termed ‘research’ apply to the government-appointed National Commission of Research, Science and Technology for permission. The regulations stifle freedom of expression, access to information, and academic freedom. In September, asserting its right to access public information, the Access to Information (ACTION) Namibia Coalition called on President Hifikepunye Pohamba to release the fourth Delimitation Commission report. The report not only contains recommendations made by the Commission, but also the views expressed during public hearings and direct submissions. The government’s decision to create additional constituencies, split the Kavango Region in two, and rename several constituencies and regions is presumably based on the report. The Ministry of Information and Communication Technology is in the process of developing an access to information policy, which should precede the drafting of a Bill on access to information. Two new laws that will further impact the public’s access to information is the Data Protection Bill and the Cyber Law. It is unclear at this time when these will be enacted. Towards the end of 2014 Namibians will go to the polls to vote in the National Assembly and Presidential Elections. RATIONALE AND RESEARCH PARAMETERS MISA Namibia joined other MISA Chapters in participating in a study to establish the most open and secretive government and public institutions. MISA Namibia selected eight institutions to survey. The survey began on the 16th of June and was concluded on the 16th of July 2014. The following government and public institutions were surveyed: 1. Roads Contractor Company (RCC) 2. Namibia Housing Enterprise (NHE) 3. National Council (NC) 4. National Planning Commission (NPC) 5. Ministry of Youth, National Service, Sport and Culture (MYNSSC) 6. Ministry Of Health and Social Services (MHSS) 7. Ministry of Gender Equality and Child Welfare (MGECW) 8. Ministry of Agriculture, Water and Forestry (MAWF) AIM OF THE STUDY The main purpose of this study was to assess the level of openness in government and public institutions in the country. The results of the study will continue to inform MISA Namibia’s campaign for legislation on access to information (ATI). 57