Second Joint Statement and Agreed Minutes of the Second Joint Meeting of the Joint Technical Committee on Walvis Bay and the Off-Shore Islands

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Country/entity: Namibia
South Africa
Region: Africa (excl MENA)
Agreement name: Second Joint Statement and Agreed Minutes of the Second Joint Meeting of the Joint Technical Committee on Walvis Bay and the Off-Shore Islands
Date: 26 Mar 1992
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: Framework/substantive - partial
Conflict nature: Territory
Peace process: South Africa - Namibia process
Parties: The Governments of the Republic of South Africa and the Republic of Namibia
Third parties: -
Description: An agreement to establish a Joint Technical Committee to advise the two governments on the functions and structures of joint administration.

Agreement document: NA_ZA_920326_SecondJointStatementAgreedMinutesWalvisBay.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: No specific mention.
Cross-border provision: Page 2, Article 1,
A Joint Administrative Authority (JAA) be establish, representative of all those functions identified by it and agreed upon, by the respective governments.

Page 2, Article 2,
The JAA will have as its function the performance of those executive and administrative powers connected with the identified functions and the relevant Acts of Parliament.

Page 2, Article 3,
South African and Namibian chief executives and accountable officers of the JAA be appointed.

Page 2, Article 4,
A management committee will be established by the JAA, consisting of an appropriate number of senior official from South Africa and Namibia, responsible for policy formulation and implementation. There will be a joint chairmanship.

Page 2, Article 5,
The JAA will be appropriately structured and jointly staffed to perform its duties.

Page 2, Article 6,
It is agreed that those functions that the JAA may not currently consider susceptible to joint administration to be continuously reviewed with a view to possible inclusion within its ambit.

Page 2, Article 7,
It is understood that the JAA will have consultative competence in respect of those functions which are currently not considered susceptible to Joint Administration.

Page 2, Article 8,
Upon agreement of the above proposals, the two governments will set a date of implementation thereof.

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→Executive coalition
State level
Further to the Joint Statement on the question of Walvis Bay and the Off-Shore Islands issued in Windhoek on 17 May 1991, the Governments of the Republic of South Africa and the Republic of Namibia have agreed in principle to set up a Joint Administration, as an interim arrangement, pending an eventual settlement of the aforementioned question. To this end the two Governments have decided to establish a Joint Technical Committee to advise the two Governments on the functions and structures which lend themselves to Joint Administration.
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

SECOND JOINT STATEMENT ON WALVIS BAY AND THE OFF-SHORE ISLANDS

20 September 1991

Further to the Joint Statement on the question of Walvis Bay and the Off-Shore Islands issued in Windhoek on 17 May 1991, the Governments of the Republic of South Africa and the Republic of Namibia have agreed in principle to set up a Joint Administration, as an interim arrangement, pending an eventual settlement of the aforementioned question.

To this end the two Governments have decided to establish a Joint Technical Committee to advise the two Governments on the functions and structures which lend themselves to Joint Administration.

In addition, as regards the Orange River Boundary, it has beer, decided to appoint a Joint Technical Committee to investigate and report on the demarcation of the boundary in the middle of the river.

Issued by the Department of Foreign Affairs of the Republic of South Africa

AGREED MINUTES OF THE SECOND MEETING OF THE JOINT TECHNICAL COMMITIEE ON WALVIS BAY AND THE OFF-SHORE ISLANDS, HELD IN WINDHOEK, ON 26 MARCH 1992

In view of the objective to establish a joint institutional structure to administer the government functions of common interest, so as to exercise and perform the related executive and administrative powers regarding the respective legislation, applicable in Walvis Bay, it is proposed that:

1. A Joint Administrative Authority (JAA) be establish, representative of all those functions identified by it and agreed upon, by the respective governments.

2. The JAA will have as its function the performance of those executive and administrative powers connected with the identified functions and the relevant Acts of Parliament.

3. South African and Namibian chief executives and accountable officers of the JAA be appointed.

4. A management committee will be established by the JAA, consisting of an appropriate number of senior official from South Africa and Namibia, responsible for policy formulation and implementation.

There will be a joint chairmanship.

5. The JAA will be appropriately structured and jointly staffed to perform its duties.

6. It is agreed that those functions that the JAA may not currently consider susceptible to joint administration to be continuously reviewed with a view to possible inclusion within its ambit.

7. It is understood that the JAA will have consultative competence in respect of those functions which are currently not considered susceptible to Joint Administration.

8. Upon agreement of the above proposals, the two governments will set a date of implementation thereof.

Signed by:

HEAD OF THE NAMIBIAN DELEGATION

HEAD OF THE SOUTH AFRICAN DELEGATION