Settlement Proposal
Encyclopedia
The 1978 Settlement Proposal in Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...

, devised by the Contact Group of Western States
Western Contact Group
The Western Contact Group , representing three of the five permanent members of the UN Security Council - France, United Kingdom and United States - and including Canada and West Germany, launched a joint diplomatic effort in 1977 to bring an internationally acceptable transition to independence...

, mandated the United Nations Transition Assistance Group
United Nations Transition Assistance Group
The United Nations Transition Assistance Group was a United Nations peacekeeping force deployed from April 1989 to March 1990 in Namibia to monitor the peace process and elections there. Namibia had been occupied by South Africa since 1915, first under a League of Nations mandate and later...

 (UNTAG) under United Nations Security Council Resolution 435
United Nations Security Council Resolution 435
United Nations Security Council Resolution 435, adopted on September 29, 1978, put forward proposals for a cease-fire and UN-supervised elections in South African-controlled South-West Africa which ultimately led to the independence of Namibia...

 to assist a UN Special Representative appointed by the UN Secretary-General 'to ensure the early independence of Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...

 through free and fair elections under the supervision and control of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

'.

Background

In 1978, the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 agreed to the basic principle of a UN-assisted Namibian independence process. But disputes remained over which group would determine Namibia's independence. Internationally, the division over Namibia was between, on the one hand, South Africa, Namibia's 'internal parties', the Western Contact Group (WCG), and on the other, SWAPO, the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

, the Non-Aligned States
Non-Aligned Movement
The Non-Aligned Movement is a group of states considering themselves not aligned formally with or against any major power bloc. As of 2011, the movement had 120 members and 17 observer countries...

 in the Security Council, and the Frontline States (Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...

, Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....

, Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...

, Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...

, Botswana
Botswana
Botswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...

, Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...

 - since its independence in 1980 - and Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...

).

The UN Secretariat's UNTAG mission was supposed to be impartial even though both South Africa and SWAPO accused UNTAG of favouring the other side. (The General Assembly supported SWAPO financially for many years, including the construction of the United Nations Institute for Namibia
United Nations Institute for Namibia
The United Nations Institute for Namibia was an educational body set up by the United Nations Council for Namibia from 1976-1990. Based in Zambia's capital of Lusaka, UNIN was the brainchild of United Nations Commissioner for Namibia Seán MacBride, the proposal creating UNIN was adopted by the...

 in Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....

, which was set up to train Namibian exiles and refugees.

Basic framework

The Western Contact Group
Western Contact Group
The Western Contact Group , representing three of the five permanent members of the UN Security Council - France, United Kingdom and United States - and including Canada and West Germany, launched a joint diplomatic effort in 1977 to bring an internationally acceptable transition to independence...

 brought South Africa to the negotiating table and drafted three 1978 documents which created the basic framework of UNTAG's peace implementation mandate:
  1. WCG's Settlement Proposal S/12636 of 10 April 1978;
  2. UN Secretary-General's report of 29 August 1978 (S/12827);
  3. United Nations Security Council Resolution 435
    United Nations Security Council Resolution 435
    United Nations Security Council Resolution 435, adopted on September 29, 1978, put forward proposals for a cease-fire and UN-supervised elections in South African-controlled South-West Africa which ultimately led to the independence of Namibia...

     (S/RES/435).

The Settlement Proposal called for free and fair elections to pave the way for a transition to Namibian independence. The proposal included the mandate for the Secretary-General to appoint a Special Representative, who 'will have to satisfy himself at each stage as to the fairness and appropriateness of all measures affecting the political process at all levels of administration before such measures take effect. Moreover, the Special Representative may himself make proposals in regard to any aspect of the political process.' This resolution placed the Special Representative at the heart of all decision making. Finnish diplomat, Martti Ahtisaari
Martti Ahtisaari
Martti Oiva Kalevi Ahtisaari is a Finnish politician, the tenth President of Finland , Nobel Peace Prize laureate and United Nations diplomat and mediator, noted for his international peace work....

, was chosen for the position in 1978, after his appointment as UN Commissioner for Namibia in 1977.

The Settlement Proposal included a very specific timetable for the implementation of the elections with certain tasks which the UN, South African government and SWAPO had to fulfil. The elections would create an independent Namibian 'Constituent Assembly' which would draw up a constitution immediately upon its election and then govern in a 'National Assembly'.

A number of uncertainties were resolved in the UNS-G's report (S/12827) including uniting the civilian and military components of UNTAG under one Special Representative. But many issues were unresolved.

Ten years later

The unresolved issues, while potentially hindering the operation, actually helped the Special Representative to define the mission based on the realities of 1988 - when the operation began - rather than 1978, when the accord was initially drafted. UN Commissioner for Namibia, Bernt Carlsson
Bernt Carlsson
Bernt Wilmar Carlsson was Assistant-Secretary-General of the United Nations and United Nations Commissioner for Namibia from July 1987 until he died on Pan Am Flight 103, which was blown up over Lockerbie, Scotland on 21 December 1988.-Social democrat:A native of Stockholm, Carlsson joined the...

, should have become the Special Representative upon signature of the New York Accords
New York Accords
The Tripartite Accord, Three Powers Accord or New York Accords granted independence to Namibia and ended the direct involvement of foreign troops in the Angolan Civil War...

 on 22 December 1988 but was killed in the Lockerbie bombing of 21 December 1988.

Former UN Commissioner Martti Ahtisaari
Martti Ahtisaari
Martti Oiva Kalevi Ahtisaari is a Finnish politician, the tenth President of Finland , Nobel Peace Prize laureate and United Nations diplomat and mediator, noted for his international peace work....

, who helped draw up the original Settlement Proposal, was therefore recalled from an administrative position at UN Headquarters
United Nations headquarters
The headquarters of the United Nations is a complex in New York City. The complex has served as the official headquarters of the United Nations since its completion in 1952. It is located in the Turtle Bay neighborhood of Manhattan, on spacious grounds overlooking the East River...

 to serve as Special Representative so as 'to ensure the early independence of Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...

 through free and fair elections under the supervision and control of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

'.

Independence

Free elections in Namibia were held in November 1989 with SWAPO taking 57% of the vote in spite of Pretoria
Pretoria
Pretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is...

’s attempts to swing it in favour of other parties. By 9 February 1990, the Constituent Assembly had drafted and adopted a constitution. Independence Day on 21 March 1990 was attended by numerous international representatives, including the main players, the UN Secretary-General Javier Pérez de Cuéllar
Javier Pérez de Cuéllar
Javier Pérez de Cuéllar y de la Guerra is a Peruvian diplomat who served as the fifth Secretary-General of the United Nations from January 1, 1982 to December 31, 1991. He studied in Colegio San Agustín of Lima, and then at Pontificia Universidad Católica del Perú. In 1995, he ran unsuccessfully...

 and President of South Africa F. W. de Klerk, who jointly conferred formal independence on Namibia.

Sam Nujoma
Sam Nujoma
Samuel Daniel Shafiishuna Nujoma is a Namibian politician who was the first President of Namibia from 1990 to 2005. He led the South-West Africa People's Organisation in its long struggle against South African rule and took office as President when Namibia obtained independence on 21 March 1990...

 was sworn in as the first President of Namibia watched by Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...

(who had been released from prison shortly beforehand) and representatives from 147 countries, including 20 heads of state.
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