SECTOR 1

(b) specify the ascertainable extent of such limitation and identify the Article
or Articles hereof on which authority to enact such limitation is claimed to
rest.”
Thus, this right can be limited through Acts of Parliament with the requirement
that it applies to all citizens (of general application) and is reasonable in a
democratic society.
Article 144 of the Constitution 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.”
Thus, international conventions, such as the Universal Declaration of Human
Rights, which guarantees freedom of opinion in Article 19, are legally enforceable
documents in Namibia.
There is no Access to Information Act in Namibia.
There is an Office of the Ombudsman in Namibia which is given the function,
among others, in Article 91 (a) of the Constitution to “investigate complaints
concerning alleged or apparent instances of violations of fundamental rights
and freedoms”. There is a sense, however, that what the Ombudsman says is not
respected by the Executive branch of government.
A Human Rights Commission has been proposed, but is not yet in existence.
A draft Information Policy from 2006, considered to be “quite good”, has still not
been officially endorsed by Parliament and implemented. The existing Information
Policy from 1992 is outdated.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country minimally meets aspects of the indicator.

3

Country meets many aspects of indicator but
progress may be too recent to judge.

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator and has
been doing so over time.

Average score: 			

3.1 (2005 = 3.4; 2007 = 3.3)

AFRICAN MEDIA BAROMETER NAMIBIA 2009

11

Select target paragraph3