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Fixed Broadband Subscriptions per 100 inhabitants in 2018

Namibia needs to consolidate its commendable work on protecting digital rights.

Namibia currently has a population estimate of 2.6 million. Its 2010 Constitution provides for various rights in its chapter three including the right to freedom of expression, privacy, association, assembly and other human rights. 

Namibia is regarded as one of the freest countries in terms of media freedoms in Africa. However, there is a need to consolidate these efforts by ensuring that the applicable provisions of  Article 21 of the Constitution on freedom of expression, Protection of Information Act no. 84 of 1982, Namibia Central Intelligence Services Act 10, 1997 and Part 6 of the Communications Act are brought in line with international human rights standards. There is also a need to operationalise the Universal Service Fund and the National Broadband Policy (2020) and enact cybercrime, data protection and privacy legislation in Namibia.

Namibia

We conduct advocacy during the pre-session through direct lobbying to UN member state representatives and support local advocacy events and workshops that amplify the UPR. During the reviews, we amplify the UPR process and the recommendations our partners have drafted through live- monitoring by our local partners and on social media. We then conduct advocacy during the post- UPR period with activities such as training for government officials and events that highlight the recommendations made during the UPR. 

The country clusters are a local working group in each Uproar target country made up of our partner organisations. The clusters are organised by local lead organisations, who then coordinate local civil society and human rights defenders with digital rights expertise to engage in national-level advocacy and campaigning.

A review cycle is a four-and-half-year period within which all UN Member states’ human rights records are reviewed.  Each 4.5-year period is called a UPR cycle. In this section, you can find all recommendations made organised by cycle.

Over a hundred local and international human rights organisations are part of the wider Uproar programme. You can find them listed here.

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The Collaboration on International ICT Policy for East and Southern Africa

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Internet Society

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Namibia has ratified [major human rights treaties](http://www.claiminghumanrights.org/namibia.html) in order to signal its readiness to carry out its obligations to protect human rights. These obligations have now evolved into dialogic interactions like the [Universal Periodic Review](https://www.ohchr.org/en/hrbodies/upr/pages/uprmain.aspx) (UPR) which assists UN member states to carry out peer-review assessments of their human rights records. Since 2006 when the Human Rights Council (the Council) created the UPR, most UN member states have gone through the mechanism at least three times including Namibia.

As a unique procedure, the UPR allows for the democratisation of information that helps to strengthen human rights development on the ground in UN member states. This information is supplied by both state and non-state actors who focus on various thematic areas of human rights. Some of these issues include socio-economic rights, civil and political rights, children’s rights, rights of women and vulnerable groups and others.

More recently, given the COVID-19 pandemic and the urgent reliance on digital technologies as the sole basis of interaction by many across the world, it has become clear that digital technologies are no longer luxuries. Asides this, the growing importance of online interactions has demonstrated the need to protect human rights online just as they are required to be protected offline. Therefore, digital rights as a thematic focus has become important in order to protect human rights today at various levels including at the UPR. Primarily, these rights are freedom of expression and opinion, freedom of information and censorship of content, right to equal access and opportunity and the right to data protection and privacy on the Internet.

These rights are also beginning to generate the necessary attention including in Namibia. At the second cycle of the UPR in 2016, Namibia received 219 recommendations from 88 countries and accepted 191 of them. Only one of them referred to the right to freedom of expression and the press.

On 3 May 2021, at the third cycle of the UPR, Namibia received 268 recommendations from 105 countries. It received 3 recommendations that touch on access to information, right to freedom of expression, media freedom, ensuring journalists’ safety, cybercrimes regulation and data protection. It also received various commendations for its progress on a free and independent press. These recommendations and commendations are largely due to Namibia’s current standing with respect to its human rights records generally and digital rights specifically. Namibia is one of the four countries rated free in Africa by the Freedom House’s [Freedom in the World](https://freedomhouse.org/country/namibia) report. It has also maintained this rating for the past four years.

Some of the recommendations received by Namibia was from Canada and recommended that it:

>“ensures that the existing cybercrimes and data protection and privacy legislation is fully in compliance with international human rights standards.”

Latvia also recommended to Namibia that it “promotes and protects the right to freedom of expression and peaceful assembly, as well as media freedom and safety of journalists.” Greece also recommended that Namibia “takes concrete steps to improve the safety of journalists, investigate incidents of attacks on journalists and implement the [United Nations’ Plan of Action on the Safety of Journalists and the Issue of Impunity](https://en.unesco.org/sites/default/files/un-plan-on-safety-journalists_en.pdf).” In addition, the United States also recommends that Namibia “prioritises fighting corruption by enacting an Access to Information law…” Armenia and Barbados also commended Namibia’s efforts to ensure a free and independent press.

While Namibia re-committed itself to the protection of the right to freedom of expression online and offline in [its most recent report](https://documents-dds-ny.un.org/doc/UNDOC/GEN/G21/031/32/PDF/G2103132.pdf?OpenElement) submitted for review, a number of digital rights issues continue to persist in Namibia. For example, as highlighted in the Joint Stakeholders’ [report](https://cipesa.org/?wpfb_dl=436) to the 38th session on Namibia by Small Media, Collaboration on International ICT Policy in Eastern and Southern Africa (CIPESA) and Internet Society Namibia (ISOC Namibia), for Namibia to fully protect digital rights, it should consider the review and enactment of some laws and policies. Some of these laws include review of Article 21 of the Namibian Constitution that expressly refers to decency and morality, defamation and other potentially harmful and vague words as limitations to the right to freedom of expression.

Others include the need for the repeal of the Protection of Information Act №84 of 1982 in the light of the proposed Access to Information bill as the former is often used to gag the media. Additionally, Section 4 of the Namibia Central Intelligence Services Act 10, 1997, which “prohibits persons from accessing information on grounds of national security” should also be repealed. Part 6 of the Communications Act should also be amended through the repeal of Section 9. In addition, the Act should criminalize unauthorized interceptions and surveillance of citizens. It was also recommended that it operationalizes its Universal Service Fund while also enacting cybercrimes, data protection and privacy legislation.

In summary, Namibia has demonstrated its commitment to the protection of human rights especially as seen in its [adoption of nearly 90% of recommendations made to it](https://moj.gov.na/documents/576616/1307898/UNIVERSAL+PERIODIC+REVIEW+OF+THE+HUMAN+RIGHTS+SITUATION+IN+NAMIBIA.+30+April+2021+pdf.pdf/954bf257-e2ca-05b7-aa98-4c820ecf244f) by other UN member states from the previous UPR cycle. However, such commitment must be constantly renewed as the challenges posed to human rights protection continue to grow. Borrowing its own words from its recently submitted national report,

>“Namibia remains committed to strengthening its policy and legislative frameworks in order to improve the implementation of human rights for all by addressing challenges to full implementation. We will continue to engage key stakeholders, and take note of international best practices emanating from our international relations in order to achieve the 2030 Agenda and drive the universal goal towards respect for human rights.”

Namibia is encouraged to re-dedicate itself given these commitments and adopt these recommendations on digital rights protection in order to consolidate its hard work on human rights as one of the shining lights of media freedoms in Africa.

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Discussing the state of freedom of expression and digital rights in Namibia as it comes under review during the 38th session of the UPR.

Namibia and digital rights protection at the 38th UPR session: Consolidating hard work through the protection of human rights online

The [38th session](https://www.ohchr.org/en/hrbodies/upr/pages/uprsessions.aspx) of the Human Rights Council (the Council) held from 3 to 13 May 2021. At the session, the human rights records of our UPRoar countries including Namibia, Mozambique, and Sierra Leone were reviewed through the [Universal Periodic Review (UPR)](https://www.ohchr.org/en/hrbodies/upr/pages/uprmain.aspx).

Since 2006, the UPR has been tasked with the assessment of human rights obligations of UN member states. The process, which is largely dialogic, addresses various thematic aspects of human rights based on international human rights treaties and how each State under review (SuR) has performed between four to five years. Since inception, the UPR has reviewed the human rights records of UN member states at least three times.

The various thematic aspects include women’s rights, children’s rights, rights of persons living with disabilities, protection of human rights during conflicts and many others. One of such nascent but crucial aspects of human rights is digital rights. [Digital rights](https://uproar.fyi/), also referred to as human rights online. With respect to the UPR, these rights have been broadly categorised into four, namely freedom of expression and opinion; freedom of information and censorship of content; right to equal access and opportunity; and right to data protection and privacy on the Internet.

In total, Namibia, Mozambique and Sierra Leone received 268, 266 and 268 recommendations respectively. 30 recommendations focused on the right to freedom of expression, media freedoms, access to information, developing rights-respecting policies on data protection and cybersecurity and protection of journalists. Namibia, Mozambique and Sierra Leone received recommendations from 22 UN member states namely Spain, Latvia, Netherlands, Ghana, Greece, France, Czech Republic, Uruguay, USA, Sweden, Slovenia, Norway, New Zealand, Malawi, Italy, Ireland, Germany, Canada, Iceland, Bulgaria, Iceland, Austria and Australia.

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During Namibia’s [review](http://webtv.un.org/watch/namibia-review-38th-session-of-universal-periodic-review/6252018168001/) which was held on 3 May 2021, it received three recommendations from Greece, Latvia and the United States with respect to digital rights protection. For Greece, it recommended that Namibia should ‘take concrete steps to improve the safety of journalists, investigate incidents of attacks on journalists and implement the [United Nations’ Plan of Action on the Safety of Journalists and the Issue of Impunity.’](https://en.unesco.org/sites/default/files/un-plan-on-safety-journalists_en.pdf) Latvia also recommended that Namibia should ‘promote and protect the right to freedom of expression and peaceful assembly, as well as media freedom and safety of journalists.’ Making a connection between fighting corruption and access to information, the United States recommended that Namibia should ‘prioritise fighting corruption by enacting an Access to Information law.’

Mozambique at its [review](http://webtv.un.org/watch/mozambique-review-38th-session-of-universal-periodic-review/6252363599001/) on 4 May 2021 received the highest number of recommendations with respect to protecting digital rights from 22 countries namely Spain, Latvia, Netherlands, Ghana, France, Czech Republic, Uruguay, USA, Sweden, Slovenia, Norway, New Zealand, Malawi, Italy, Ireland, Germany, Canada, Iceland, Bulgaria, Iceland, Austria and Australia.

For example, with respect to the protection of digital rights, Bulgaria recommended that Mozambique should ‘ensure that the right to freedom of expression and freedom of press is respected including on the Internet space and maintain a positive environment for the work of independent media and journalists.’ In addition, both Canada and the Czech Republic recommended that Mozambique should ‘ensure the protection of freedom of expression provided for under international human rights law are reflected in the texts of new laws governing media and broadcasting and that they are respected in practice.’

The United States also made two recommendations with respect to Mozambique’s obligations to protect the right to freedom of expression and protection of the press. First, it recommended that Mozambique should ‘allow independent press and civil society access to report on conflict regions and uphold Mozambique’s domestic and international obligations and commitments to respect the freedom of expression including those of the members of the press.’ It also recommended that Mozambique should ‘investigate and hold accountable those responsible for violent attacks against members of the press.’

For its [review](http://webtv.un.org/meetings-events/human-rights-council/watch/sierra-leone-review-38th-session-of-universal-periodic-review/6253886909001/?term=&lan=english) which was held on 12 May 2021, Sierra Leone received six recommendations with respect to digital rights. With respect to the right to freedom of expression of sexual minorities, Spain recommended that Sierra Leone should ‘investigate the restrictions of the right to freedom of expression and assembly of LGBTI persons as well as harassment, arbitrary detention and other forms of violence against them.’

Latvia also recommended that Mozambique should ‘ensure the right to freedom of expression, freedom of assembly as well as media freedom.’ Netherlands equally recommends that Sierra Leone should ‘uphold the right to freedom of expression and refrain from criminalising the legitimate activities of human rights defenders and journalists by restricting their activities and rights including arbitrary arrests of journalists and human rights defenders.’ Ghana, France and Czech Republic also gave various recommendations on the need for Sierra Leone should ensure the right to freedom of expression of media practitioners and human rights defenders.

In summary, recommending UN member states and stakeholders pointed out to Namibia, Mozambique and Sierra Leone to ensure that they all optimise the use of their Universal Service Funds, improve the safety of journalists and human rights defenders while also carrying out stakeholder-driven media sector reforms.

In doing this, the SuRs are encouraged to take advantage of the opportunity provided for technical assistance through the UPR system for the implementation of the recommendations made to them. On the part of local stakeholders, they are also encouraged to work in collaboration with the SuRs in terms of monitoring and evaluation of the recommendations made especially towards the next review of countries in question.

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A summary of recommendations made to Namibia, Mozambique, and Sierra Leone during the 38th session of the UPR.

The 38th session of the Universal Periodic Review: Improving digital rights protection in Namibia, Mozambique and Sierra Leone

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Access Now

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Small Media

Namibia Factsheet.pdf

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Namibia_OHCHR Submission_38.pdf

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Digital rights

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A global network of activists and journalists dedicated to protecting freedom of expression and free access to information online.

In partnership with Advox Global Voices - a global network of activists and journalists dedicated to protecting freedom of expression and free access to information online.

Uproar Tools are interactive data-driven tools that aim to show you how you can use the Universal Periodic Review to improve the situation of human rights in your country. 

Uproar Tools aims to show you how you can use the Universal Periodic Review to improve the situation of human rights in your country. 

The Tools were made in partnership between Uproar and Data4Change, a non-profit organisation working at the intersection of data, design, journalism and technology, collaborating with organisations on social and policy change interventions to forge real change and lasting impact.

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Use our free interactive tools to build recommendations and tailor advocacy efforts at the Universal Periodic Review.

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Advocacy Assembly is a free multilingual e-learning platform set up in 2015 aimed at educating campaigners, activists, human rights defenders and journalists in digital rights and digital skills. 
In partnership with leading digital rights organisations and experts, Advocacy Assembly offers self-paced online courses in Arabic, English, Farsi and Spanish using a variety of videos, quizzes and slides. The courses cover topics like design, data science, investigative journalism, open source investigations, effective campaigning for social change and much more.

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A free multilingual platform to access courses with leading organisations such as Amnesty International, Witness and Greenpeace. 

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