SECTOR 1 Freedom of expression, including freedom of the media, is effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the Constitution and supported by other pieces of legislation. “25 years after independence we should have adopted laws that give effect to the constitutional provisions.” Article 21(1) of the Namibian Constitution guarantees freedom of expression under ‘fundamental freedoms’ and explicitly includes freedom of the press and other media as part of the protection of freedom of expression: All persons shall have the right to: (a) freedom of speech and expression, which shall include freedom of the press and other media; Article 144 of the Constitution further states: Unless otherwise provided by this Constitution or Act of Parliament, the general rules of public international law and international agreements binding upon Namibia under this Constitution shall form part of the law of Namibia. Therefore, international conventions, such as the Universal Declaration of Human Rights, which guarantees freedom of expression and opinion in Article 19 and Article 9 of the African Charter on Human and People’s Rights1 are legally enforceable documents in Namibia. However, there are no other pieces of legislation that support the constitutional guarantees. “25 years after independence we should have adopted laws that give effect to the constitutional provisions”, was the feeling of one panellist. Article 91 (a) of the Constitution provides for an Office of the Ombudsman in Namibia which, amongst other things, is supposed to: investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms. Another regulatory mechanism that is supposed to promote free expression is the Communications Regulatory Authority of Namibia (CRAN) established by the Communications Act of 2009. There are, however, a number of provisions and clauses in the setup of the regulator that contradict the international standards by which Namibia is bound. 1 12 By Extension also the African Declaration of Principles on Freedom of Expression amongst others as it interprets Article 9 of the African Charter on Human and Peoples Rights. AFRICAN MEDIA BAROMETER NAMIBIA 2015