Namibia: ECN independence must be guaranteed at all times

Namibia’s National Society for Human Rights (NSHR) joins the Namibian Chapter of the Media Institute of Southern Africa (MISA-Namibia) by registering its strongest reputation of the Electoral Commission of Namibia (ECN) for the reported exclusion of certain media houses and, by extension, for withholding voter vital information from a large number of potential voters. Such exclusion also amounts to widespread disenfranchisement of potential voters.

In a Media Statement issued on September 13 2009 MISA-Namibia listed at least five additional media houses that were excluded by ECN for disseminating essential information about the supplementary voter registration process scheduled to start tomorrow, September 17 2009.

Last week ECN also excluded the country’s largest independent daily, The Namibian, from the dissemination of the information on the supplementary voter registration process. ECN was reportedly complying with a 2000 blatantly unconstitutional Cabinet resolution banning The Namibian because of inter alia its alleged unpatriotic and or anti-Government reporting.

NSHR advises ECN that unless immediately corrected, the exclusion of the said media houses has the potential of strongly influencing the outcome of the electoral process and, as such, it must be viewed as a very serious violation to warrant the current electoral process to be perceived as neither free and fair nor credible.

In addition, the exclusion of certain media houses is not only a clear infraction of the principle of fairness for all the contestants in the electoral process, but also a blatant contravention of the peremptory principle of ECN impartiality, neutrality and objectivity as contemplated under section 4 (1) of the Electoral Act 1992 (Act 24 of 1992) as amended.

“Moreover, it would be ludicrous for anyone at ECN to believe or even assume that the constitutional and legal requirements of ECN impartiality, neutrality and objectivity is less stringent than the constitutional doctrine of separation of powers and checks and balances as well as institutional and operational independence of State organs as contemplated under paragraph 3 of the Preamble to the Namibian Constitution governing other state organs, such as the National Assembly (Article 45), the Judiciary (Articles 12 and 78), the Judicial Service Commission (Articles 85(2) and 85(3)), the Office of the Prosecutor General (Article 88(1)) and the Office of the Ombudsman (Articles 89(2) and 89(3))”, said NSHR executive director Phil ya Nangoloh this morning.

The said ECN’s exclusion of certain organs of civil society also flies straight in the face of the non-derogable Constitutional principles of inclusiveness, equality and non-discrimination as contemplated under Paragraph 5(5) of the Preamble to the Namibian Constitution and under Articles 1(1), 10, 11(3), 12(1)(d), 12(1)(e), 16(1), 17(1), 20(1) and 21(1) of the same Constitution.

Meanwhile, NSHR is also deeply concerned about media and other reports that the ruling Swapo Party has received substantial in-kind and or huge financial contributions from foreign Chinese and Pakistani entities for the purpose of the current electoral process. Such contributions might amount to bribery, undue influences, slush and or corrupt funding because the ruling Swapo Party is viewed as the facilitator of Chinese and Pakistani investments in the country.

“This state of affairs, seen together with the fact that, President Lucas Pohamba and his Cabinet Ministers extensively [ab]use State facilities and other logistics, such as aircraft and motor vehicles for their party-political campaigns. This, additional to the favourable media coverage by the State-funded New Era newspaper and local NBC TV and Radio, signifies that the playing field is not all level”, noted ya Nangoloh.

In case of additional comment, please call Dorkas Phillemon or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 886 (Phil) or E-mail: [email][email protected] or visit: