‘Security’ trumps freedoms

THE Namibian Government says it is committed to freedom of expression and information, but “the recent experience of rage at the current unlimited freedoms with regards to speech and expression demonstrated that the socio-political climate is not right to blindly start with reforms”.

This warning was sounded yesterday by Information and Broadcasting Minister Netumbo Nandi-Ndaitwah at the start of consultation on an audit of media legislation in Namibia this week. Speaking at her Ministry’s workshop, Nandi-Ndaitwah said: “In the reform of media and communication legislation, we shall be guided by the feelings of the majority of the population and the national security situation in the country.”These words by the Minister struck a somewhat ominous note, given the prevailing political atmosphere in which certain groups and individuals have been calling for the introduction of ‘insult laws’ and other draconian measures in the light of reportage on the NSHR’s submission to the International Criminal Court (ICC) about former President Sam Nujoma and his role in the Swapo detainee issue.In 2004 the Ministry commissioned an audit on Media and Communications Legislation which was undertaken by the Friedrich Ebert Foundation in order to establish how existing and draft legislation would impact on freedom of speech and expression in Namibia.Because it was signatory to the SADC Protocol on Culture, Information and Sport, the African Commission’s Declaration of Principles on Free Expression in Africa, and the SADC Declaration on Information and Communication Technology, Namibia was obliged to incorporate provisions of these instruments into local laws.The audit was the first step towards taking action on protocols and declarations which Namibia was party to, and the second step was the current discussion with stakeholders to look at the findings of the consultants and made recommendations to ensure Namibia’s laws conformed with SADC and AU standards.In her speech, the Minister reaffirmed Namibia’s commitment to freedom of speech and expression as an inalienable right of all Namibians but emphasised that these freedoms were subject to constitutionally defined limits which included the sovereignty and integrity of Namibia, national security, public order, decency and morality.”This means all freedoms are subjected to the law and should not compromise the sovereignty and security of the country, the privacy of others or result in the defamation of individuals or the instigating people to commit offences”, she added.”Absolute freedom of speech and expression can compromise Namibia’s existing peace, stability and security that is necessary for development and progress … Misuse and abuse of individual constitutional human rights to the detriment of others is not acceptable”, Nandi-Ndaitwah said.She said the Namibian Government felt that freedom of expression and access of information should not be used as a breeding ground for insecurity.These freedoms, as well as protection of sources, were at the same time essential to support good governance and help in the fight against corruption, and therefore the Government was ready to invest resources in the development of an information policy.The 1991 Information Policy had become outdated, which is why its revision had been embarked upon, in order to address issues such as media diversity, editorial independence and media ethics, which the former policy had excluded.Policies, she emphasised, should be in place before Government embarked on legislative reform.At the same occasion, David Lush presented the key findings of the audit, which he summarised as follows: * as acknowledged by the Minister, that the 1991 Information Policy was out of date, and that a revised draft was presently in circulation; * that there was a need for access to information guarantees; * that there were broad restrictions, little protection and lack of gatekeepers; * that regulators and public media lacked independence; * that there was a need to regulate for diversity; * that there was a need for the separation of regulation of broadcasting content and infrastructure respectively; * that there should be a media development and diversity fund; * that there was a lack of training focus; * that self-regulation of print media was ‘dormant’; * and finally that there was a problem with restrictive work permits.Under the chairpersonship of Bience Gawanas, African Union Commissioner, the workshop continued yesterday with break-out sessions to discuss the audit report.Speaking at her Ministry’s workshop, Nandi-Ndaitwah said: “In the reform of media and communication legislation, we shall be guided by the feelings of the majority of the population and the national security situation in the country.” These words by the Minister struck a somewhat ominous note, given the prevailing political atmosphere in which certain groups and individuals have been calling for the introduction of ‘insult laws’ and other draconian measures in the light of reportage on the NSHR’s submission to the International Criminal Court (ICC) about former President Sam Nujoma and his role in the Swapo detainee issue.In 2004 the Ministry commissioned an audit on Media and Communications Legislation which was undertaken by the Friedrich Ebert Foundation in order to establish how existing and draft legislation would impact on freedom of speech and expression in Namibia.Because it was signatory to the SADC Protocol on Culture, Information and Sport, the African Commission’s Declaration of Principles on Free Expression in Africa, and the SADC Declaration on Information and Communication Technology, Namibia was obliged to incorporate provisions of these instruments into local laws.The audit was the first step towards taking action on protocols and declarations which Namibia was party to, and the second step was the current discussion with stakeholders to look at the findings of the consultants and made recommendations to ensure Namibia’s laws conformed with SADC and AU standards.In her speech, the Minister reaffirmed Namibia’s commitment to freedom of speech and expression as an inalienable right of all Namibians but emphasised that these freedoms were subject to constitutionally defined limits which included the sovereignty and integrity of Namibia, national security, public order, decency and morality.”This means all freedoms are subjected to the law and should not compromise the sovereignty and security of the country, the privacy of others or result in the defamation of individuals or the instigating people to commit offences”, she added.”Absolute freedom of speech and expression can compromise Namibia’s existing peace, stability and security that is necessary for development and progress … Misuse and abuse of individual constitutional human rights to the detriment of others is not acceptable”, Nandi-Ndaitwah said.She said the Namibian Government felt that freedom of expression and access of information should not be used as a breeding ground for insecurity.These freedoms, as well as protection of sources, were at the same time essential to support good governance and help in the fight against corruption, and therefore the Government was ready to invest resources in the development of an information policy.The 1991 Information Policy had become outdated, which is why its revision had been embarked upon, in order to address issues such as media diversity, editorial independence and media ethics, which the former policy had excluded.Policies, she emphasised, should be in place before Government embarked on legislative reform.At the same occasion, David Lush presented the key findings of the audit, which he summarised as follows: * as acknowledged by the Minister, that the 1991 Information Policy was out of date, and that a revised draft was presently in circulation; * that there was a need for access to information guarantees; * that there were broad restrictions, little protection and lack of gatekeepers; * that regulators and public media lacked independence; * that there was a need to regulate for diversity; * that there was a need for the separation of regulation of broadcasting content and infrastructure respectively; * that there should be a media development and diversity fund; * that there was a lack of training focus; * that self-regulation of print media was ‘dormant’; * and finally that there was a problem with restrictive work permits.Under the chairpersonship of Bience Gawanas, African Union Commissioner, the workshop continued yesterday with break-out sessions to discuss the audit report.