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PA-X Peace Agreements Database Peace Agreements Database

Treaty on Walvis Bay

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Country/entity
Namibia
South Africa
Region
Africa (excl MENA)
Agreement name
Treaty on Walvis Bay
Date
28/02/1994
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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.

Post Apartheid South Africa and Namibian Independence (1990 - 1994) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Territory
Peace process
106: 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 []

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

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.
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.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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.

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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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

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