Joint Statement, Windhoek

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Country/entity: Namibia
South Africa
Region: Africa (excl MENA)
Agreement name: Joint Statement, Windhoek
Date: 17 May 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Post Apartheid South Africa and Namibian Independence (1990 - 1994)
South Africa – internal. The roots of the modern South African conflict are found in the British and Dutch colonization of Southern Africa, which resulted in the introduction of a white minority who soon held power in the region. The South African state emerged following a hard-fought pact between the British government and the white Afrikaner minority. ‘Apartheid’ – the Afrikaans word for separateness – became official government policy after 1948. Resistance to this system was widespread and took diverse forms. In 1912, the African National Congress (ANC) was formed to push for reforms in the country. After the 1960 Sharpeville massacre several organisations around the ANC took up arms and began to fight the Apartheid government using violent means. During the 1980s, President P.W. Botha introduced a reform policy that enabled the post-1990 peace agreements, which paved the way for the end of the apartheid system.

South Africa- Namibia. One set of agreements relates to the independence of Namibia which followed from the end of apartheid.
Stage: Pre-negotiation/process
Conflict nature: Territory
Peace process: South Africa - Namibia process
Parties: South Africa, Namibia
Third parties: -
Description: The short document summarizes the results of a meeting of both countries' delegations to discuss the question of Walvis Bay and the Off-Shore islands and the boundary between the two countries on the Orange River. The possibility of a joint administration as an interim solution was discussed.

Agreement document: NA_ZA_910517_JointStatementWindhoek.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 1,
... Both Delegations believe that progress has been made. The Governments further agree that the middle of the Orange River should be the boundary between their two countries and that a Joint Technical Committee be established to demarcate the boundary.
Cross-border provision: Page 1,
... The Delegations discussed in depth the possibility of a Joint Administration as an interim arrangement, pending an eventual settlement of the aforesaid question, and will report back to their respective Governments on this issue. ...

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 1,
... The Delegations discussed in depth the possibility of a Joint Administration as an interim arrangement, pending an eventual settlement of the aforesaid question, and will report back to their respective Governments on this issue. ...
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: International Legal Materials
Vol. 32, No. 4 (JULY 1993), pp. 1152-1158

JOINT STATEMENT

WINDHOEK, 17TH MAY 1991.

The Delegations of the Governments of the Republic of Namibia and the Republic of South Africa, headed by their respective Foreign Ministers, met in Windhoek in the Republic of Namibia on the 17th May 1991 as a follow up to their meeting in Cape Town in the Republic of South Africa on the 14th March 1991 to resolve the question of Walvis Bay and the Off-Shore islands and the boundary between the two countries on the Orange River.

The Delegations discussed in depth the possibility of a Joint Administration as an interim arrangement, pending an eventual settlement of the aforesaid question, and will report back to their respective Governments on this issue.

Thereafter, a further Joint Statement will be made.

Both Delegations believe that progress has been made.

The Governments further agree that the middle of the Orange River should be the boundary between their two countries and that a Joint Technical Committee be established to demarcate the boundary.