• otherwise stated, rather than from the principle – established in the SADC Protocol and AC Declaration - that all information is open to the public unless stated otherwise. There appears to be no legislation that promotes the use of indigenous language in public affairs, although translators are available to defendants and witnesses in court. Otherwise, the meetings of public bodies tend to be conducted in the official language, which is understood well only by a minority of the population. Media and communications diversity (see Tables 3a and 3b in Appendix 3) The main principles of the Protocol and Declarations with regard to this theme are as follows: • • • • • • • • • Diversity in terms of ownership and content of, and access to media and communication is an essential component of free expression and free flow of information. The promotion of diversity is closely tied to the independence of regulatory bodies and the boards of public media (see Independence of Boards and Regulators below). State and government controlled broadcasters should be transformed into public service broadcasters that reflect and represent society as a whole, in all its diversity. Central to promoting diversity is the recognition in policy and regulation of three specific types of “tiers” of media – public, private and community – each with its own specific needs and requirements. The use and promotion of indigenous languages through media and communication, as well as information provision, is an important element of this diversity. Diversity will not happen on its own, but requires proactive regulation - proactive measures, overseen by effective independent regulatory bodies, need to be taken to ensure that less powerful groups have access to and control of media in terms of both ownership and content. The use and promotion of indigenous languages is central to this process. The promotion of diversity is dependent upon regulatory authorities and the media they oversee being independent, adequately resourced, and free from political and economic influence. Community-based media plays a key role in ensuring diversity Practical measures that ensure the availability of funds and incentives are also need to promote diversity. The main findings in the analysis are that: • • • • Namibia’s media and communications regulators are not independent. Likewise, all of Namibia’s “public” media are funded directly by the State. There are no safeguards in place against political and economic interference in these pubic bodies. Meanwhile, there are no measures in place for ensuring the editorial independence of public, private and community media. Therefore, these bodies are less likely to promote the kind of media diversity envisaged in the SADC Protocol, and the AC and ICT Declarations. Besides the lack of structures promoting independence and diversity, the public service mandates of the Namibian Broadcasting Corporation (NBC) and other public media do not conform to the provisions for diversity contained in the SADC Protocol and AC and ICT Declarations. Legislation governing media and communications regulators is weak when it comes to their role in promoting diversity. Commercial interests tend to take priority over the promotion of diversity in general, and the needs of less powerful groups in particular. This remains the case with the pending Draft Communications Bill. This contradicts the provisions of the SADC Protocol, and AC and ICT Declarations, which give equal recognition to private and community media and communications initiatives. Regulators and public media are not accountable to the public they are supposed to serve in the ways specified by the AC Declaration, and therefore are less likely to promote the interests and diversity of society as a whole. Namibia Media Law Audit – report final draft 23