SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

1.7 (2005: 2.1; 2007: 1.8;
2009: 3.3, 2011: 2.5)

1.7 Public information is easily accessible, guaranteed
by law, to all citizens.
While Article 21 of the Constitution might imply access to information, there is no
Access to Information law or an explicit constitutional guarantee.
In fact, there are a number of laws that hinder freedom of information amongst them, the Public Service Act (1995) that forbids civil servants from
sharing information held by public bodies without permission from ministers and
permanent secretaries.
There are no legal protections for whistleblowers and, as a matter fact, laws
criminalise whistleblowing with blanket provisions for non-disclosure of ‘sensitive’
and ‘secret’ information on the grounds of ‘national security’ and ‘public interest’
- which are open to broad interpretations irrespective of the legitimacy of motives
for disclosing information.
This effectively hinders citizens’ access to information. The new provisions added
to the Research, Science and Technology Act of 2004 further hinder access to
information and freedom of expression. One panellist described the current state
of affairs as one in which “(T)here is a high level of secrecy”.
Article 9 of the African Charter on Human and People’s Rights, to which Namibia
is bound, states that:
Public bodies hold information not for themselves but as custodians of the
public good and everyone has a right to access this information, subject
only to clearly defined rules established by law.
Having so many legal provisions that complicate disclosing and accessing
information is in direct contradiction to that premise.

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AFRICAN MEDIA BAROMETER NAMIBIA 2015

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