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

  • Country/entity
    Namibia
    South Africa
  • Region
    Africa (excl MENA)
    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
  • 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.


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