CODESA Declaration of Intent

Export agreement:

Export agreement coding (PDF)

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
Intrastate/intrastate conflict ( Post Apartheid South Africa and Namibian Independence (1990 - 1994) )
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.

Agreement document
ZA_911229_CodesaDeclarationIntent.pdf | 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
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.