Treaty on Walvis Bay

  • Country/entity
    Namibia
    South Africa
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    Treaty on Walvis Bay
  • Date
    28 Feb 1994
  • 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
    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.


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.