• • • Journalists play an important role in ensuring that people enjoy their rights to free expression and access to information. This role is recognised in both the SADC Protocol and the AC Declaration. To ensure that they play this role effectively, journalists need to be able to go about their work free from the fear and likelihood of attack. This requires States to take effective measures to protect journalists from attack, and to pursue those responsible for any such attacks. It is essential that journalists are free from actual or feared attack if media are to enjoy the kind of editorial independence that is a cornerstone of the rights to free expression and access to information. The main findings in the analysis are that: • • • • There are no laws specifically aimed at protecting journalists from attack, although presumably general legislation protecting any citizen from attack and intimidation applies to journalists too. Powers invested in security personnel in terms of various security laws may be open to abuse, and may lead to attacks on journalists, particularly with regard to legal provisions that allow security agents to seize unauthorized photographs and publications. Occasionally such attacks have taken place, as in November 2003 when security force members attacked journalists from Die Republikein newspaper at Onaame in the Omusati Region. But, as far as could be established, no one has been brought to book for such attacks. In the eyes of some, physical attacks on journalists may be justified by verbal attacks made against the media over the years by President Sam Nujoma and other leading politicians. Registration and accreditation (see Table 13, Appendix 3) The main principles of the Protocol and Declarations with regard to this theme are as follows: • • • The AC Declaration states that the practice of journalism “shall not be subject to undue legal restriction”. Furthermore, in terms of the AC Declaration, the registration of print media “shall not impose substantive restriction on the right to freedom of expression”. Rather, the registration of print media should be an administrative technicality. The SADC Protocol seeks to establish a regional mechanism for accrediting journalists, the aim being to “facilitate the work” of journalists, particularly with regards working in other countries. This is not a precedent for the licensing of journalists by member States. The main findings in the analysis are that: • • • Current registration of journalists in Namibia is not subject to the law, but is rather an administrative procedure. Registration is not a pre-requisite for practising as a journalist, but is a pre-requisite for receiving a Government press card. However, journalists currently visiting Namibia have to apply for a work permit, which may restrict the work of visiting journalists, particularly if the work permit procedure takes time. The kind of registration mechanism system envisaged in the SADC Protocol may, in theory, alleviate the need for work permits. But that depends upon whether or not the process for applying for accreditation is restrictive or not. In terms of the AC Declaration, any such accreditation system should not be restrictive. The registration of print media is provided for in law (1971 Newspaper and Imprint Registration Act as amended by 1982 Registration of Newspapers Amendment Act). Currently, the procedure for registering a publication is largely administrative, with a nominal fee payable. However, failure to register is punishable by either a fine or imprisonment. Prior to independence, the authorities tried to impose an excessive Namibia Media Law Audit – report final draft 31