Treaty on Walvis Bay

Export agreement:

Export agreement coding (PDF)

Country/entity: Namibia
South Africa
Region: Africa (excl MENA)
Agreement name: Treaty on Walvis Bay
Date: 28 Feb 1994
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: For the Government of the Republic of South Africa; For the Government of the Republic of Namibia;
Third parties: -
Description: Short agreement transferring sovereignty and authority over Walvis Bay from South Africa to Namibia.

Agreement document: NA_ZA_940228_WalvisBayTreaty.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): Article 2
Walvis Bay shall be incorporated/reintegrated into the Republic of Namibia on 1 March 1994.
Article 3
The Joint Administrative Authority, established by the Agreement between the Contracting Parties shall cease to exist
from the date of incorporation/reintegration.
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: Page 1, Article 2
Walvis Bay shall be incorporated/reintegrated into the Republic of Namibia on 1 March 1994.
Border delimitation: Page 1, Article 1
In this Treaty, except where the context indicates otherwise,
"Walvis Bay" means the port, settlement and territory described in the Walfish Bay and St. John's River Territories Annexation Act, 1884 (Act No. 35 d 1884), of the Cape of good Hope, as "the Port of Settlement of Walfish Bay situated on the West Coast of South Africa, to the North of the Tropic of Capricon, together with certain Territory surrounding the same", and includes the Island of Ichaboe and the other islands, islets and rocks mentioned in the Ichaboe and Penguin Islands Act, 1874 (Act No.4 of 1874), of the Cape of Good Hope.
Cross-border provision: Page 1, Article 3
The Joint Administrative Authority, established by the Agreement between the Contracting Parties shall cease to exist from the date of incorporation/reintegration.

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: No specific mention.
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: Page 1, Article 5
Any dispute arising from the application or interpretation of this Treaty shall be resolved by the Contracting Parties amicably and in good faith through the Diplomatic Channel
Related cases: No specific mention.
Source: http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/TREATIES/ZAF-NAM1994OI.PDF

Treaty between the Government of the Republic of South Africa and the Government of the Republic of Namibia with respect to walvis Bay and the off-shore Islands,

28 February 1994

The Government of the Republic of South Africa and the Government of the Republic of Namibia (hereinafter "the Contracting Parties");

Recognizing the common interests of the people of South Africa and the people of Namibia;

Reaffirming their desire to strengthen the friendly relations between the two countries;

Bearing in mind the Agreement between them establishing as an interim arrangement from 1 November 1992 a joint administration for Walvis Bay;

Have agreed as follows:

Article 1

In this Treaty, except where the context indicates otherwise,

"Walvis Bay" means the port, settlement and territory described in the Walfish Bay and St. John's River Territories Annexation Act, 1884 (Act No.

35 d 1884), of the Cape of good Hope, as "the Port of Settlement of Walfish Bay situated on the West Coast of South Africa, to the North of the Tropic of Capricon, together with certain Territory surrounding the same", and includes the Island of Ichaboe and the other islands, islets and rocks mentioned in the Ichaboe and Penguin Islands Act, 1874 (Act No.4 of 1874), of the Cape of Good Hope.

Article 2

Walvis Bay shall be incorporated/reintegrated into the Republic of Namibia on 1 March 1994.

Article 3

The Joint Administrative Authority, established by the Agreement between the Contracting Parties shall cease to exist from the date of incorporation/reintegration.

Article 4

The Contracting Parties will with all due despatch regulate by way of further Agreements any mater relating to or arising from the incorporation/reintegration referred to in Article 2 which may require to be regulated and any such matter which has not been settled or finalized by the date of incorporation/reintegration shall be settled or finalized by the Contracting Parties as soon as possible thereafter.

Article 5

Any dispute arising from the application or interpretation of this Treaty shall be resolved by the Contracting Parties amicably and in good faith through the Diplomatic Channel.

Article 6

This Treaty shall enter into force on the date of incorporation/reintegration referred to in Article 2.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed and sealed this Treaty.

DONE at WALVIS BAY, in duplicate, in the English language, this 28th day of February in the year One thousand Nine hundred and Ninety-four.

For the Government of the Republic of South Africa.

For the Government of the Republic of Namibia.