The University of EdinburghPeace Agreements DatabasePeaceRep

CODESA Declaration of Intent

  • Country/entity

    South Africa
  • Region

    Africa (excl MENA)
  • Agreement name

    CODESA Declaration of Intent
  • Date

    21 Dec 1991
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

  • Stage

    Pre-negotiation/process
  • Conflict nature

    Government
  • Peace process

    South Africa peace process
  • Parties

    SAG, CODESA (Democratic Party, Dikwankwetla Party, Inkatha Freedom Party, ANC, Bophuthatswana Govt, Inyandza National Movement, Intando Yesizwe Party, Labour Party of SA, Natal/Tvl Indian Congress, National Party, National People's Party, Solidarity, SA Communist Party, Transkei Govt, United People's Front, Venda Govt, Ximoko Progressive Party)
  • Third parties

    -
  • Description

    This short agreement outlines agreed principles for a future constitution as a result of the Convention for a Democratic South Africa. It provides for present and future participants to put forward democratic proposals, and that the Convention will establish a mechanism for co-operation of parties with administrations and the South African Government.


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
    Groups→Racial/ethnic/national group→Rhetorical
    Page 1, PREAMBLE
    ... to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed; a country free from apartheid or any other form of discrimination or domination;

    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    • that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;
    • that the Constitution will be the supreme law and that it will be guarded over by an independent, non-racial and impartial judiciary;

    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that the diversity of languages, cultures and religions of the people of South Africa shall be acknowledged;
  • Religious groups
    Groups→Religious groups→Rhetorical
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that the diversity of languages, cultures and religions of the people of South Africa shall be acknowledged;
  • 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
    Page 1, PREAMBLE
    ... to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed; a country free from apartheid or any other form of discrimination or domination;

    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    • that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    Page 1, PREAMBLE
    We, the duly authorised representatives of political parties, political  organizations, administrations and the South African  Government, coming together at this first meeting of the Convention for a Democratic South Africa, mindful of the awesome responsibility that rests on us at this moment in the history of our country, declare our solemn commitment: 

    Page 1, PREAMBLE
    ... to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed; a country free from apartheid or any other form of discrimination or domination;

    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    • that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;
  • 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

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    Page 1, PREAMBLE
    [Declaring a solemn commitment to] establishing a constitution that will ensure, inter alia: • that there will be a multi-party democracy with the right to form and join
    political parties and with regular elections on the basis of universal adult
    suffrage on a common voters roll; in general the basic electoral system shall
    be that of proportional representation;
  • Elections
    Page 1,
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that there will be a multi-party democracy with the right to form and join political parties and with regular elections on the basis of universal adult suffrage on a common voters roll; in general the basic electoral system shall be that of proportional representation;
  • Electoral commission

    No specific mention.

  • Political parties reform
    Governance→Political parties reform→Other political parties reform
    Page1
    We, the duly authorised representatives of political parties, political organizations, administrations and the South African Government, coming together at this first meeting of the Convention for a Democratic South Africa, mindful of the awesome responsibility that rests on us at this moment in the history of our country, declare our solemn commitment:
    that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;
    that the Constitution will be the supreme law and that it will be guarded over by an independent, non-racial and impartial judiciary;
    that there will be a multi-party democracy with the right to form and join political parties and with regular elections on the basis of universal adult suffrage on a common voters roll; in general the basic electoral system shall be that of proportional representation;
  • Civil society
    Page 2,
    ... We, the representatives of political parties, political organizations and administrations, further solemnly commit ourselves to be bound by the agreements of CODESA and in good faith to take all such steps as are within our power and authority to realise their implementation.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 1, PREAMBLE
    ... to create a climate conducive to peaceful constitutional change by eliminating violence, intimidation and destabilization and by promoting free political participation, discussion and debate;

    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    • that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;
    • that the Constitution will be the supreme law and that it will be guarded over by an independent, non-racial and impartial judiciary;
    • that there will be a multi-party democracy with the right to form and join political parties and with regular elections on the basis of universal adult suffrage on a common voters roll; in general the basic electoral system shall be that of proportional representation;
    • that there shall be a separation of powers between the legislature, executive and judiciary with appropriate checks and balances;
    • that the diversity of languages, cultures and religions of the people of South Africa shall be acknowledged;
    • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees

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
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees
  • Bill of rights/similar
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees
  • Treaty incorporation

    No specific mention.

  • Civil and political rights
    Human rights and equality→Civil and political rights→Equality
    Page 1, PREAMBLE
    ... to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed; a country free from apartheid or any other form of discrimination or domination;

    Page 1, Preamble
    […] to strive to improve the quality of life of our people through policies that will promote economic growth and human development and ensure equal opportunities and social justice for all South Africans;
    Human rights and equality→Civil and political rights→Freedom of association
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees
    Human rights and equality→Civil and political rights→Vote and take part
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • to create a climate conducive to peaceful constitutional change by eliminating violence, intimidation and destabilization and by promoting free political
    participation, discussion and debate;
    ... • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees
    Human rights and equality→Civil and political rights→Other
    Page 1, PREAMBLE
    ... to work to heal the divisions of the past, to secure the advancement of all, and to establish a free and open society based on democratic values where the dignity, worth and rights of every South African are protected by law;
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizen, general
    Page 1, PREAMBLE
    ... to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed; a country free from apartheid or any other form of discrimination or domination;
  • Democracy
    Page 1, PREAMBLE
    ... to work to heal the divisions of the past, to secure the advancement of all, and to establish a free and open society based on democratic values where the dignity, worth and rights of every South African are protected by law;

    Page 1, PREAMBLE
    ... to create a climate conducive to peaceful constitutional change by eliminating violence, intimidation and destabilization and by promoting free political participation, discussion and debate;

    Page 1,
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    • that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;
    ... • that there will be a multi-party democracy with the right to form and join political parties and with regular elections on the basis of universal adult suffrage on a common voters roll; in general the basic electoral system shall be that of proportional representation;

    Page 2,
    We agree:
    • that the present and future participants shall be entitled to put forward freely to the Convention any proposal consistent with democracy.
  • 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
    Page 1, PREAMBLE
    ... to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:
    ... • that the Constitution will be the supreme law and that it will be guarded over by an independent, non-racial and impartial judiciary;
    ... • that there shall be a separation of powers between the legislature, executive and judiciary with appropriate checks and balances;
    ... • that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, PREAMBLE
    ... to strive to improve the quality of life of our people through policies that will promote economic growth and human development and ensure equal opportunities and social justice for all South Africans;
  • 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
    Page 1, PREAMBLE
    ... to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed; a country free from apartheid or any other form of discrimination or domination;

    Page 1, PREAMBLE
    ... to create a climate conducive to peaceful constitutional change by eliminating violence, intimidation and destabilization and by promoting free political participation, discussion and debate;
  • 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
    Page 1, PREAMBLE
    ... to work to heal the divisions of the past, to secure the advancement of all, and to establish a free and open society based on democratic values where the dignity, worth and rights of every South African are protected by law;

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
    Agreed that the present and future participants be entitled to put forward any proposal consistent with democracy; CODESA to establish mechanism to agree leg with SAG to implement agreements

    Page 2,
    • that CODESA will establish a mechanism whose task it will be, in cooperation
    with administrations and the South African Government, to draft the
    texts of all legislation required to give effect to the agreements reached in
    CODESA.
  • Related cases

    No specific mention.

  • Source
    UN Peacemaker [peacemaker.un.org]

CODESA Declaration of Intent

20 December 1991

We, the duly authorised representatives of political parties, political organizations, administrations and the South African Government, coming together at this first meeting of the Convention for a Democratic South Africa, mindful of the awesome responsibility that rests on us at this moment in the history of our country, declare our solemn commitment:

to bring about an undivided South Africa with one nation sharing a common citizenship, patriotism and loyalty, pursuing amidst our diversity, freedom, equality and security for all irrespective of race, colour, sex or creed;

a country free from apartheid or any other form of discrimination or domination;

to work to heal the divisions of the past, to secure the advancement of all, and to establish a free and open society based on democratic values where the dignity, worth and rights of every South African are protected by law;

to strive to improve the quality of life of our people through policies that will promote economic growth and human development and ensure equal opportunities and social justice for all South Africans;

to create a climate conducive to peaceful constitutional change by eliminating violence, intimidation and destabilization and by promoting free political participation, discussion and debate;

to set in motion the process of drawing up and establishing a constitution that will ensure, inter alia:

that South Africa will be a united, democratic, non-racial and non-sexist state in which sovereign authority is exercised over the whole of its territory;

that the Constitution will be the supreme law and that it will be guarded over by an independent, non-racial and impartial judiciary;

that there will be a multi-party democracy with the right to form and join political parties and with regular elections on the basis of universal adult suffrage on a common voters roll;

in general the basic electoral system shall be that of proportional representation;

that there shall be a separation of powers between the legislature, executive and judiciary with appropriate checks and balances;

that the diversity of languages, cultures and religions of the people of South Africa shall be acknowledged;

that all shall enjoy universally accepted human rights, freedoms and civil liberties including freedom of religion, speech and assembly protected by an entrenched and justiciable Bill of Rights and a legal system that guarantees

We agree:

that the present and future participants shall be entitled to put forward freely to the Convention any proposal consistent with democracy.

that CODESA will establish a mechanism whose task it will be, inco-operation with administrations and the South African Government, to draft the texts of all legislation required to give effect to the agreements reached in CODESA.

We, the representatives of political parties, political organizations and administrations, further solemnly commit ourselves to be bound by the agreements of CODESA and in good faith to take all such steps as are within our power and authority to realise their implementation.

Signed by

Ciskei Government

Democratic Party

Dikwankwetla Party

Inkatha Freedom Party

African National Congress

Bophuthatswana Government

Inyandza National Movement

Intando Yesizwe Party

Labour Party of South Africa

Natal/Tvl Indian Congress

National Party

National People's Party

Solidarity

South African Communist Party

Transkei Government

United People's FrontVenda Government

Ximoko Progressive Party

We, the South African Government, declare ourselves to be bound by agreements we reach together with other participants in CODESA in accordance with the standing rules and hereby commit ourselves to the Implementation thereof within our capacity, powers and authority.

Signed by South African Government'

Nkosi sikelel' iAfrika.

Ons vir jou Suid Afrika.

Morena boloka sechaba sa heso.

May the Lord bless our country.

Mudzimu Fhatutshedza Afrika.

Hosi katekisa Afrika.