NA - 820712 - Principles ConstituentAssemblyConstitutionIndependentNamibia

UNITED
NATIONS S
Security Council
Disk.
I;- GENERAL
s/15287
12 July 1982
ORIGINAL: ENGLISH
LETTER DATED 12 JULY 1982 FRCM THE REPRESENTATIVES

OF CANADA, FRANCE, GERMANY, FEDERAL REPUBLIC OF,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE UNITED STATES OF AMERICA ADDRBSSED
TU THE SECRETARY-GENERAL
On instructions from our Governments we have the honour to transmit to you the
text of Principles concerning the Constituent Assembly and the Constitution for an
independent Namibia put forward by our Governments to the parties concerned in the
negotiations for the implementation of the proposal for a settlement of the
Namibia” situation (S/12636) in accordance with Security Council resolution
435 (1978) adopted on 29 September 1978.
We have pleasure in informing you that all parties to the negotiation now
accept these Principles. Our Governments believe that a decision on the method to
be employed to elect the Constituent Assembly should be made in accordance with the
provision of Security Council resolution 435 (1978). All parties are agreed that
this issue must be settled in accordance with the terms of Security Council
resolution 435 (1978) and that the issue must not cause delay in tbe implementation
Of 435 (1978). In this regard, our Governments are in consultation with all
parties.
82-19592 02760 (E) /.. .

S/15287
English
Page 2
We have the honour to request that this letter and the Principles be
circulated as a document of the Security Council.
(Signed) G6rard PELLETIER

Permanent Representative of Canada
to the United Nations
(Signed) Luc de La BARRE de NANTEUIL

Permanent Representative of France
(Signed) Ernst-Joerg "on STUDNITZ

Chargd d'Affaires, a.i.
of the Federal Republic of Germany
(Signed) Hamilton Whyte

Deputy Permanent Representative of the
United Kingdom of Great Britain and
Northern Ireland to the United Nations
Charge d'Affaires, a-i.
(Signed) William C. Sherman

Acting Permanent Representative
of the United States of America
/ . *.
S/15287
English
A""eX
Page 1
Annex
Principles concerning the Constituent Assembly and

the Constitution for a" independent Namibia
A. Constituent Assembly
1. In accordance with United Nations Security Council Resolution 435 (1978),

elections will be held to select a Constituent Assembly which will adopt a
Constitution for a" independent Namibia. The Constitution will determine the
oeganization and powers of all levels of government.
- Every adult Namibia" will be eligible, without discrimination or fear of

intimidation from any source, to vote, campaign and stand for election to
the Constituent Assembly.
- Voting will be by secret ballot, with provisions made foe those who cannot
read or write.
- The date for beginning

the of the electoral campaign, the date of
elections, the
electoral system, the preparation of voters rolls and other
aspects of electoral procedures will be promptly decided upon so as to give
all political parties and interested persons, without regard to their
Political views. a full and fair opportunity to organize and participate in
the electoral process.
- Full freedom of speech, assembly, movement and press shall be guaranteed.
- The electoral system will seek to ensure fair representation in the

Constitutent Assembly to different political parties which gain substantial
support in the election.
2. The Constituent Assembly will formulate the Constitution for a" independent
Namibia in accordance with the principles in Part B below and will adopt the
Constitution as a whole by a two-thirds majority of its total membership.
B. Principles for a Constitution for an Independent Namibia
1. Namibia will be a unitary, sovereign and democratic state.
2. The Constitution will be the supreme law of the state. It may be amended only
by a designated process involving the legislature and/or votes cast in a popular
referendum.
!...
S/15287
English
A”“CX
Page 2
3. The Constitution will determine the organization and powers of all levels of
government. It will provide for a system of government with three branches: an
elected executive branch which will be responsible to the legislative branch; a
legislative branch to be elected by universal and equal suffrage which will be
responsible for the passage of all laws; and an independent judicial branch which
will be responsible foe the interpretation of the Constitution and for ensuring its
supremacy and the authority of the law. The executive and legislative branches
will be constituted by periodic and genuine elections which will be held by secret
vote.
4. The electoral system will be consistent with the principles in A. 1. above.
5. There will be a declaration of fundamental rights, which will include the

rights to life, personal liberty and freedom of movement! to freedom of conscience;
to freedom of expression, including freedom of speech and a free press? to freedom
of assembly and association, including political parties and trade unions; to due
process and equality before the law; to protection from arbitrary deprivation of
private property or deprivation of private property without just compensation; and
to freedom from racial, ethnic, religious or sexual discrimination. The
declaration of rights,will be consistent with the provisions of the Universal
Declaration of Human Rights. Aggeieved.individua1.s will be entitled to have the
courts adjudicate and enforce these eights.
6. It will be forbidden to create criminal offences with retrospective effect Or

to provide for increased penalties with retrospective effect.
7. Provision will be made for the balanced structuring of the public service, ths
police service and the defense services and for equal access by all to rscruitmsnt
of these services. The fair administration of personnel policy in relatiOn to
these services will be assured by appropriate independent bodies.
8. Provision will be made for the establishment of elected councils foe local
and/or regional administration.
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UNITED

LETTER DATED 12 JULY 1982 FRCM THE REPRESENTATIVES

82-19592 02760 (E) /.. .

(Signed) G6rard PELLETIER

(Signed) Luc de La BARRE de NANTEUIL

(Signed) Ernst-Joerg "on STUDNITZ

(Signed) Hamilton Whyte

(Signed) William C. Sherman

Principles concerning the Constituent Assembly and

1. In accordance with United Nations Security Council Resolution 435 (1978),

- Every adult Namibia" will be eligible, without discrimination or fear of

- The date for beginning

- Full freedom of speech, assembly, movement and press shall be guaranteed.

- The electoral system will seek to ensure fair representation in the

B. Principles for a Constitution for an Independent Namibia

1. Namibia will be a unitary, sovereign and democratic state.

4. The electoral system will be consistent with the principles in A. 1. above.

5. There will be a declaration of fundamental rights, which will include the

6. It will be forbidden to create criminal offences with retrospective effect Or

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