AFRICAN MEDIA BAROMETER (AMB) – CAPE VERDE 2007 Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation ANALYSIS: Cape Verde’s legislation protects Freedom of Expression and Freedom of the Press. The problem lies with the implementation of such legislation. There are laws whose own implementation requires specific regulations. And when such regulations do not exist, it means that the laws cannot be implemented. However, since Freedom of Expression and Freedom of the Press are enshrined in the Constitution as Fundamental Rights, it does not require specific regulations for them to be implemented. Freedom of Expression and Freedom of the Press are guaranteed under Sections 47 and 59 of the Constitution of the Republic of Cape Verde, respectively. They become further effective through Statutory Instrument Number 56/98, commonly known as the Media Law, in its Section 11. This Statutory Instrument has not yet been regulated, with the exception of the Professional Licensing Commission, which was established in 2004, and is responsible for issuing professional licenses to practicing journalists. The issue of whether freedom is effective or not, can be judged by the number of cases involving the media that have been brought to the courts over the recent years. Such cases are relatively fewer, and where they have come across it cannot be said that they were brought about in order to try and limit Freedom of Expression or Freedom of the Press. In the 20 cases that have been brought to court over the past few years, only three journalists were sentenced, and even then, such sentences were suspended. Thus, it is possible to conclude that generally, there is freedom and that such freedom is widely practiced in Cape Verde both by the population and media professionals. SCORES: Individual scores: 4, 4, 4, 5, 4, 4, 5, 5, 4 Average score: 4.3 1.2 The right to freedom of expression is practiced and citizens, including journalists, are asserting their rights without fear. 25