(Letter here published for public records only)
Office of the Ngambela
Barotse Royal Establishment (BRE)
12th May, 2016
RE: THE PURPORTED DIALOGUE WITH THE ZAMBIAN GOVERNMENT OVER THE NOW NULL AND VOID BAROTSELAND AGREEMENT 1964 IS ILLEGAL CONTRARY TO UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 1514 AS WELL AS THE VIENNA CONVENTION ON THE LAW OF TREATIES
Reference is made to the above captioned matter.
As Barotseland National Youth League; we would like to petition you the BRE over the following questions and you must provide answers to them without fail.
CLARIFICATION ON THE ENGAGING OF THE STAKEHOLDERS IN THE ISSUE OF BAROTSELAND AGREEMENT 1964 (BAROTSELAND STATUS QUO).
Acknowledging the fact that engaging all stakeholders in Barotseland over the matter of Barotseland Agreement 1964 were already engaged in 2012 on the 27th March, and resolved as follows; we quote the preamble of the Barotse National Council (BNC) resolutions,
"We the people of Barotseland and deliberated as a National Council on 26th and 27th March, 2012 in Limulunga in the Barotseland Nation on the status and future of the Barotseland Nation in the republic of Zambia, hereby declare this day of Tuesday March 27th at the close of our deliberation as follows:
Recognizing that the Barotseland Agreement 1964 provided the basis on which Barotseland become an integral part of Zambia and took other agreements either to subsisting between her Majesty the Queen and the Litunga of Barotseland.
Acknowledgement that the Barotseland Agreement, 1964’s aim was to provide a safe guard against encroachment on the powers of the people of Barotseland to self government by Central Government of Zambia,
Realizing that the new state of Zambia, which came into being on October 24, 1964, never ratified the Barotseland Agreement entered into between Barotseland and Northern Rhodesia Government on May18, 1964, and despite its non-ratification, unilaterally abrogated by Zambia in 1969,
Aware that the unilateral termination of the Barotseland Agreement 1964 by the government of Zambia is a violation of the right of Barotseland to self-determination and repudiation of the purported integration of the territory of Barotseland into Zambia,
Recognizing that successive Zambia n government never took steps necessary to ensure that the laws for the time being in force in the republic of Zambia are not inconsistent with the provisions of the Agreements.
Aware that successive Zambian governments continued to undermine the modernization of Barotseland institutions and governance required to run an independent modern state as well as meddle in the national affairs of Barotseland, resulting in conflict in some sections of the Barotseland Nation.
Recalling that successive Zambian governments illegally administered and control Barotseland by intimidation and force since October 24, 1964, despite continued protests from the people of Barotseland against such transgressions, including futile calls to restore the Agreement,
Knowing that Barotseland’s right to autonomy on governance and political affairs is inborn and has been protected by treaties since the first encounter with foreign powers.
Rejecting the expectation or notion by the Zambian government that we surrender our autonomy as expressed in the Barotseland Agreement 1964 in return for economic development,
We now inform Zambia and the International Community that we finally accept the unilateral nullification and abrogation of the Barotseland and Agreement 1964 by the Zambian government which by the Zambian government, which action has freed Barotseland from being part of Zambia.
In line with the postliminium doctrine, we can no longer be obliged to honor an international Agreement that the other party has nullified and abrogated, which action has resulted us to our original status.’’ END OF QUOTE
QUESTION NUMBER ONE
Now the question is what is the main purpose of re-engaging us the stakeholders again since we were already engaged in 2012, where we declared the independence of Barotseland?
The 2012 DECLARATION is irreversible by international law which is the United Nations General Assembly Resolution Number 1514(xv) of the fifteenth session on agenda item 87 in the preamble we quote the following;
"Believing that the process of liberation is irreversible and irresistible and that in order to avoid serious crises, an end must be put to colonialism and all practices of segregation and discrimination associated therewith,……’’ C.F United Nations General Assembly Resolution 1514 [XV] END OF QUOTE.
DIALOGUE WITH THE ZAMBIAN GOVERNMENT
Now coming to the dialogue with the Zambian government you the Barotse Royal Establishment (BRE) are talking about in your position statement, what is this dialogue all about?
The stakeholders that you want to re-engage were already engaged in 2012 on March 26th and 27th and we quote the position statement of the Barotse National Council (BNC) Resolutions.
POSITION STATEMENT OF THE BAROTSE NATIONAL COUNCIL OF 2012
"We the people of Barotseland declare that Barotseland is now free to pursue its own self determination and destiny.
We are committed to a peaceful disengagement with the Zambian government in the same manner that we attempted integration as a state within Zambia.
We call on the international community to support our legitimate right to self determination as a people and Nation by resolving as follows...” END OF QUOTE.
You the Barotse Royal Establishment (BRE) you even thanked the Zambian President Mr. Edgar Chagwa Lungu for giving you guidelines on how to solve the now NULL and VOID Barotseland Agreement 1964.
QUESTION NUMBER TWO.
The question that we have for you as BRE is; are you aware that the Barotseland Agreement 1964 is an International treaty which is regulated by the Vienna convention on the law of treaties?
And we quote Article 60 of the Vienna convention on the law of treaties as following;
"A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as ground for terminating the treaty or suspending its operations in whole or in part...’’C.F Article 60 END OF QUOTE.
Are you also aware that an International treaty such as the Barotseland Agreement 1964 cannot be overturned by an internal law such as the Zambian constitution?
We further quote the Vienna convention Article 27.
"A party may not invoke the provisions of the internal law as a justification for its failure to perform a treaty’’ c.f Article 27 END OF QUOTE.
Finally we would also like to find out from you the BRE as to why you are rushing into dialogue with the Zambian government, when so many Barotseland Nationals are appearing before illegal Zambian courts and others have been given long term jail sentences by the same Zambian government which is occupying Barotseland illegally over the same matter of Barotseland Agreement 1964?
BAROTSELAND NATIONAL YOUTH LEAGUE (BNYL)’S POSITION STATEMENT.
We the Barotseland National Youth League (BNYL) declare that we shall at all costs not allow you the Barotse Royal Establishment to take us in circles.
We further declare that we shall defend and protect the Barotse National Council (BNC) resolutions of the 26th and 27th March 2012 and that these resolutions are irreversible and irresistible in accordance with the international law which is the United Nations General Assembly Resolution Number 1514 (XV) of 14th December, 1960.
We also declare that we shall defend, uphold and protect International laws on treaties, contracts and as well as general principles of law.
God bless Barotseland Kingdom!!!
MS.INONGE A. AKATOKA-CHAIRPERSON GENERAL, BNYL,
MR. BORIS MUZIBA-DEPUTY CHAIRMAN – GENERAL, BNYL,
MR-NAYOTO MWENDA- SECRETARY GENERAL, BNYL,
MS.WAKUNYAMBO ILUKUI -DEPUTY SECRETARY GENERAL, BNYL,
MR. SIKWIBILE WASILOTA- NATIONAL CO-ORDINATOR, BNYL,
MR. ISIMAA MATAA – COMMITTEE MEMBER, BNYL,
MS.LUNGOWE AKAMANDISA –LEGAL AFFAIRS AND HUMAN RIGHTS OFFICER, BNYL,
MR. IMBULA WALUSIKU-DEPUTY NATIONAL CO-ORDINATOR, BNYL,
MS. NAMAKAU MBOO –TRUSTEE, BNYL,
MS. NAMASIKU AKALEMWA-TRUSTEE, BNYL
CC: UNITED NATIONS
ALL FOREIGN COUNTRIES
ALL CITIZENS OF BAROTSELAND
ALL MEDIA HOUSES