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 Kingdom of Barotseland Central Austral Africa
Linyungandambo
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The Barotseland Agreement of 1964
7 January 2012
On 18th May 1964, His Majesty Litunga Mwanawina III, King of Barotseland and Kenneth Kaunda Prime Minister of Northern Rhodesia signed the "Barotseland Agreement 1964" which established Barotseland's position within Zambia in place of the earlier agreement between Barotseland and the British Government. The agreement was based on a long history of close social, economic and political interactions. The Barotseland Agreement granted Barotse authorities and people specified limited local self-governance rights and rights to be consulted on specified matters, including over land, natural resources and local government.
In his campaign for presidency, Michael Sata promised the people of Barotseland that if they gave him their vote he would honour the Barotseland Agreement (BA) within 90 days. The people of Barotseland gave Sata their vote and today he is the President of the Republic of Zambia.
In spite of this, Sata has been sluggish in honouring his promise. In many Zambian cultures promising is perceived as accountability. Thus, when a person breaks a promise it is perceived as manipulation and being disrespectful to others, not only to their expectations.
Sata’s failure to honour the BA has not only broken his promise but he has overtly attacked our value of honesty.Barotseland Status
Barotseland was the first Nation north of the Zambezi to sign a minerals concession and Protectorate Agreement with the British South Africa Company (BSAC) of Cecil Rhodes. Later HM King Lubosi Lewanika I (1842–1916) protested to London and to Queen Victoria that the BSAC agents had misrepresented the terms of the concession, but his protests fell on deaf ears, and in 1900 Britain formally annexed the territory as a protectorate and governed it as part of North-Western Rhodesia.
Report of the National Constitution Commission
Commission Established 17th April 2003
Report issued in June 2003(Executive Summary, Page 509)
1.0 EXECUTIVE SUMMARY
From submissions received the following, are the findings and conclusions of the Commission:
1.1 Intent and evolution of the Agreement.
The Barotseland Agreement 1964 is a successor treaty to the treaties subsisting between the British Crown and the Barotse Monarch relating lo the Protection status of Barotseland, prior to independence. The Agreement incorporates the territory and people of the former Protectorate of Barotseland into the nation of Zambia, and transfers all obligations and rights of the British Crown with respect to Barotseland to the Government of Zambia, effective 24th October 1964. The authority of the Zambia government over Barotseland is, therefore, derived from and legitimized by the Agreement. The Agreement further provides terms and conditions on which governance in Barotseland is to be conducted by both the Zambian Government and the Barotse Government.
The unitary nature of the Zambian State is derived from the fact that two constituent territories, i.e, the Protectorate of Barotseland and the Protectorate of Northern Rhodesia signed this treaty to become one independent Sovereign Republic. This principle is enshrined in paragraphs 2 and 3 of the preamble to the Agreement. This principle was further reflected in the legal instruments that gave birth to the new Republic, that is. Article 125 (1) of Northern Rhodesia Independence Order 1964 which promulgated the Independence Constitution, and Section 1 of the Zambia Independence Act of 1964. Both these legal provisions arose as a direct consequence of the Agreement Agreement 1964.
1.2 Conclusion:
Barotseland is a part of Zambia and remains so only as a consequence of the Barotseland Agreement 1964. Failure to implement the Agreement amounts to frustration of the Treaty which gives rise to questions about the legitimacy of the Zambian Government authority over Barotseland and jeopardises the continued existence of unitary state.
2.0 AUTHENTICATION
The Commission has had sight of copies of the Agreement as presented by some of the petitioners. The original copies may be viewed at relevant Government Registries and Archives.
FREE STATE OF BAROTSELAND
LINYUNGANDAMBO
TUKONGOTE LITUNGA NI LYETU
The Barotseland Government in Waiting
Principles and Processes of Government Formation1.1 The process of forming a government is political, and the decision to form a government must be arrived at by politicians.
1.2 Once the political parties have reached an adequate accommodation, and a government is able to be formed, it is expected that the parties will make appropriate public statements of their intentions. Any agreement reached by the parties during their negotiations may need to be confirmed subsequently by the political parties involved, each following its own internal procedures.
1.3 By convention, the role of His Majesty the Litunga in the government formation process is to ascertain where the confidence of the Barotseland Parliament lies, based on the parties' public statements, so that a government can be appointed. It is not the Litunga role to form the government or to participate in any negotiations (although His Majesty the Litunga might wish to talk to party leaders if the talks were to have no clear outcome).
1.4 Accordingly, the His Majesty the Litunga will, by convention, abide by the outcome of the government formation process in appointing a government. His Majesty the Litunga will also accept the political decision as to which individual will lead the government as Prime Minister.
1.5 During the government formation process, the Clerk of the Executive Council provides official, impartial support directly to His Majesty the Litunga, including liaising with party leaders as required on behalf of His Majesty the Litunga. The Clerk facilitates the transition between administrations if there is a change of government. The Clerk assists the outgoing and incoming Prime Ministers and provides constitutional advice, as appropriate, on any proposed government arrangements.
1.6 Parliament must meet not later than six weeks after the date fixed for the return of the writs for a general election, although it may be summoned to meet earlier. If, following an election, a government has not yet been formed by the time that Parliament meets, the Address in Reply debate may resolve matters as it provides an early opportunity for a confidence vote. If Parliament is in session following a mid-term government formation process, a vote of confidence may also usefully be initiated to demonstrate where the confidence of the House lies.
Clerk of the Executive Council2.1 The Clerk of the Executive Council is formally appointed by His Majesty the Litunga by warrant under the Letters Patent, on the advice of the Prime Minister. The primary role of the Clerk is to provide impartial secretariat support for the Executive Council and associated support to His Majesty the Litunga and the Prime Minister.
2.2 The main functions of the Clerk of the Executive Council are to:
a) advise on matters affecting the role of His Majesty the Litunga;
b) provide, coordinate, and monitor official support and advice to, and consultation with, His Majesty the Litunga;
c) provide a channel of communication and liaison between the government and His Majesty the Litunga, and if necessary between party leaders and His Majesty the Litunga;
d) facilitate, on behalf of His Majesty the Litunga, the constitutional processes of government that involve His Majesty the Litunga (particularly those associated with the transition between administrations);
e) attend every meeting of the Executive Council in order to witness its proceedings and keep its records;
f) countersign any proclamation, Order in Council, or other instrument made or issued by His Majesty the Litunga in Council;
g) be responsible for Barotseland Royal Honours System;
h) liaise with the Palace and the Sovereign as necessary.The Clerk of the Executive Council may delegate any of the functions of the office.
2.3 The Clerk of the Executive Council is responsible directly to the Prime Minister and His Majesty the Litunga for servicing the Executive Council and providing such advice as may be required from time to time on constitutional matters.
2.4 The offices of the Secretary of the Cabinet and the Clerk of the Executive Council are usually held by the same person.
2.5 Official communication with His Majesty the Litunga is conducted through Ministers' offices and the Clerk of the Executive Council.
Government in waiting of Barotseland
Kingdom of Barotseland, Central Austral Africa
Linyungandambo, Tukongote Litunga Ni Lyetu
Barotseland Royal StandardThe Path to Independence
The manifestations of 2010, 2011, 2012
2010 - The Barotseland activates commonly known as Linyunga Ndambo will this Month hold a march past in remembrance of the people that lost their lives during the Mongu riot in January, 2010.
2011 - On the 14th January 2011, thousands of Mongu residents in Western Province most of them youths rioted demanding the restoration of the Barotseland Agreement of 1964. During the riot at least two people were left dead (Zambia Police Squad number: 18528) while about 120 were arrested, charged with treason and detained at Mumbwa Prisons for nine months.
2012 - Hundreds of people were arrested and prosecuted over the January 14, 2011 riots that left at least two dead and several others injured.
GRZ ATTORNEY GENERAL RECEIVED BAROTSELAND DECLARATION
The Attorney-General
Ministry of Legal Affairs
P.O. Box 50106 LUSAKA
Your Honour,
EMANCIPATION OF BAROTSELAND
It is beyond any doubt that our relationship (with Zambia) was intended to be based on the Barotseland Agreement 1964, but it has been rejected by the Zambian government.
Considering that it was the Attorney-General, who had asked the Zambian Parliament to abrogate the Barotseland Agreement 1964, (ref GRZ Gazette No. 513 of Friday, 29th August 1969) we, the People of Barotseland, and indeed Patriots and Nationalists of Barotseland have undertaken to write to you, with a view of enabling your government to put on record, that as people belonging to a nation that has been unjustly plunged into black colonialism by artifice, after due consideration ,and consultations among ourselves, we now wish to give vent to our feelings at this point in time, and would like to strongly . and categorically state that we are longing for our total political, economic and social independence, true identity and real nationhood.
Looking at Barotseland from a broader spectrum, namely, biblically, rationally, politically, culturally, economically and legally, we note that Barotseland was destined to be ruled by her own people and not to be occupied illegally by Zambia as a new found land without people.
Really, there is no rational or justifiable reason for the subjugation of Barotseland by Zambia. Occupation and colonisation of one country by another is outdated, unworkable and totally unacceptable in this age, era and time.
A. DETAILS (MUNIMENTS)
i) For those who believe in Christianity and uphold Christian values by proclamation or declaration should read their New Testament, Acts 17 verses 26 -, “God made all nations of men, and has determined the boundaries of their territories.” Deuteronomy 27 verse 17 -, “Cursed is {he one who moves his neighbour’s landmark.” Deuteronomy 28 verse 49-, “The Lord will bring a nation against you from the end of the earth as swift as an eagle flies, a nation whose language you will not understand ” (Note: eagle- Zambian Flag).
ii) Foreign Office, London instructions to Coryndon No. 184 of 1st May 1897 acknowledges Barotse as a Nation…
iii) Esq. Youe, the Nigerian Political Analyst, in his book, “Politics of Collaboration” 1810 – 1914 states that Barotseland emerged in the 20th Century with more sovereignty than any other groups in the sub-continent, what he called Barotse Social Order.
Esq. Youe rightly described Barotseland as an empire (Journal of Empirial and Commonwealth History). iv) Both the pre-colonial and colonial era speak volumes about the Sovereignty of Barotse Inter alia: the Secretary of State for Colonies, Sir P. Cunliffe Lister wrote in December 1931 as follows: – “…..the intention of the Agreement of 1900 must be kept clearly in view. There can be no doubt that the essence of this Agreement was that the Barotse Nation should preserve their individuality, their territory and their self-government…. ”
B. INTEGRATION
1. To claim that Barotseland merged with Zambia in 1964 is to exhibit one’s folly as a result of failing to understand what really, happened. Barotseland entered into Agreement in 1964 to secure her autonomy side by’ side with the Zambian government. The Northern Rhodesia Independence Conference Report of 1964 reads in part as: – .
2. “The conference held 14 plenary meetings between 5th May and 19th May, under Deputy Chairmanship of Mr. Richard Hornby MP Parliamentary Under-Secretary of State for Commonwealth Relations and Colonies and decided on a number of Provisions to be included in the Independence
Constitution (Annex B) …..”
3. At a final session, the Secretary of State noted that it was the general wish in Northern Rhodesia that on attaining independence, the new state should be a member of the Commonwealth…. ”
4. The Secretary of State in conclusion informed the conference, that “having regard to the settlement of constitutional matters reached at the conference and to the separate Agreement reached outside the, conference between Northern Rhodesia Government and the Litunga of Barotseland, on the future position of Barotseland within Northern Rhodesia, the British government had decided that Northern Rhodesia under the name of the Republic of Zambia should become independent on 24th October1964.
NB: The Separate Agreement outside the constitutional conference determined the future position of Barotseland.
C. OBSERVATION
i) The British, granted independence to Northern Rhodesia not to Barotseland.
ii) What became Zambia was Northern Rhodesia.
We do not accept the misleading interpretation that future position of Barotseland within Zambia alluded to unitarism.
The Barotseland Agreement 1964 just intended to preserve Barotse autonomy, but if the interpretation of the Barotseland Agreement is that it made Barotseland part of Zambia, then it is essential to realize that the same Agreement did not enter into force, the legal axiom is that the Agreement that has not entered into force is not legally binding; besides, its abrogation means rejection of Barotseland and the corollary of abrogation is Barotseland independence. ‘
Zambia’s geo-political context and social-cultural context are evident enough to prove illegal occupation of Barotseland by Zambia. At his press conference on 26 August, 1969 Dr.Kaunda, deeply entrenched in power as President of Zambia declared: “…. We cannot have a nation within a nation. Barotseland is to become Western Province.” Dr.Kaunda was absolutely right. Indeed no two nations could make one nation, but falling short of common sense, he allowed his Parliament to regulate against Barotseland instead of letting Barotseland go to establish its nation as he had rightly observed.
D. CONCLUSION
The Zambian government inherited the obligations of the Queen of Great Britain over Barotseland at Northern Rhodesia’s independence, and it still does so today. Inheriting the Queens obligations by Zambia makes Barotseland a de facto Protectorate or a colony of an African stat hence, the need for decolonisation.
Having turned back 180O out of phase with the Zambian views, we are standing at the threshold of Zambia’s establishment and have now begun the process of Barotseland’s independence from Zambia.
What is enigmatic, puzzling and baffling is Barotseland’s forced assimilation into Zambia. Administering our territory by force, coercion or artifice is not synonymous with unification. The Barotse people and Barotseland itself, have no wish to be colonised perpetually by a fellow African nation.
We, the people of Barotseland, wish to make and implement our collective desire to take care of the political, economic, cultural and traditional issues of our country.
This can only come about when we form government.
We remain yours,
The citizens of Barotseland,Ilukena Mukubesa
Saeli Mwiya
Samuel Kalimukwa
Anakoka Mufungulwa
Mushabati Mwananyambe
Siyunda Mwangala
Mombotwa Afumba
Nayoto Lyamba
17 BAROTSELAND HEROES'
17 charged with treason over the Mongu unrest of 14th January 2011. Among them is an HIV positive patient who told the court that he has had no access to his medication since detention. Others complained of lack of food during their stay in police custody as they had no relatives to give them food in Lusaka.
The 17 are:1. Muyangana Muyangana
2. Kaziko Upite
3. Mushetu Singande
4. Mulomboi
5. Muleya Sihope
6. Siambango Siambango
7. Mayumbelo Mayolanda
8. Saviour Mumbela
9. Chelston Lutangu Sinonge
10. Maxwell Mututwa Mututwa
11. Michael Katupisha
12. Mutakela Mutakela
13. Pumulo Maimbolwa
14. Mwamulume Mwiya
15. Eugen Mainga Kapata
16. Akolwa Mukelabai
17. Yamba MutumbaNgambela of Barotseland Maxwell Mututwa, Ex Prime Minister of Barotseland. He was sent in 2011 to prison at the age of 92 by the corrupt and failed State of zambia following the riots in Mongu, Barotseland.
Barotseland Political prisoners
Barotseland Political prisoners Mate Pelekelo, Imbuwa Wamungungo and Peter Welesani, others were charged with rioting in Mongu on unknown dates but between January 1, 2011 and January 14, 2011, contrary to the Laws of the failed and corrupt state of Zambia. Zambia failed state Collaborator Magistrate Hatwiko gave three-year sentences with effect from January 14, 2011 when the Barotseland Heroic Patriots were arrested, by the dogs of the Zambia Regime.
Barotseland Remembrance DayBarotseland Remembrance Day (also known as the Barotseland Martyrs and Heroes Day) is a memorial day observed in Barotseland Free State since the 14 of January 2011.
Every Barotseland is required to pay their respects to those who lost their lives in the pursue of Freedom for Barotseland. Among other things, at 12 midday where ever they are at that moment in time they should observe a Minute of Silence to honour those who gave the ultimate sacrifice, their lives for the freedom and progress of Barotseland, may their souls live in peace for ever.
Riots of 2010, 2011, 2012
2010 - Two protesters where shot dead when police opened fire on a crowd in Mongu, Barotseland. A previously unknown group the Barotse Freedom Movement (BFM) organized the protest to raise awareness about the need to restore the 1964 Barotse Agreement. Police immediately moved in as protesters gathered in the morning for the protest and dispersed the gathering saying it is illegal.
2011 - On the 14th January 2011, thousands of Mongu residents in Western Province most of them youths rioted demanding the restoration of the Barotseland Agreement of 1964. During the riot at least two people were left dead while about 120 were arrested, charged with treason and detained at Mumbwa Prisons for nine months.Mr. Mutangelwa Imasiku and Mr. Muyangana and many others including Mr. Sikwa are still in detention in Lusaka over the Barotseland Agreement of 1964. Speaking from the detention at central Police Mr. Muyangana narrated how the police broke the door to his house in Mongu and arrested him and immediately transferred to Lusaka's Central Police Station where he is currently detained. Mr. Mutangelwa also narrated his ordeal saying he was called by the police on his mobile phone who later followed him at his home in Makeni, in Lusaka. Both Mr. Mutangelwa and Mr. Muyangana or currently in high spirits and the police have recorded a warn and caution statement from them.
And many Zambians have condemned the Police shooting and harassment of innocent people that rocked Mongu on Friday the 14th of January 2011. “We are willing to pay any price for our Birth Rights As you can see, they are now killing our people with impunity when people attempt to meet and discuss their own proposal for dialogue. The position was that President Rupiah Banda's position was that they were willing to dialogue but they won't let people meet and agree on how to proceed to the dialogue table. Instead they go on an onslaught killing young people and they think we shall simply look at them with continue to do that? No. We won't! The MMD Government has now become a new imperialist on the people of Barotseland which is not acceptable at all!” said a calm Mutangelwa.
And a Mr. Lamarck Njovu of Katete has said that the Government should to take full responsibility for the clashes that erupted in Mongu stating that genuine dialogue was the answer. “How can RB surely forget that he is President of Zambia partly because those people voted for him? Our urgent appeal is that he must apologise and normalise the situation by calling for dialogue and respecting the view of our brothers and sisters from Barotseland, After all he was not the one who abrogated the Barotseland Agreement of 1964”. He added.
And SACORD Spokes person Mr. Obby Chibuluma has charged that the government was to blame for the problems surrounding the Barotseland Agreement of 1964. “Firstly the government should not become heavy handed and use force when they are to blame. This won't resolve the problem. Dialogue is the answer and they should dialogue with the aggrieved groups and not only the Litunga. The Litunga has no problem with them and therefore he is a wrong person to talk to at this stage. Let them talk with all the involved groups and persons. They must begin to pay extra attention to the matter at hand and not the killings that they have commissioned in Mongu as this can have serious repercussion”.
Over 131 people have been detained by the Zambia Police so far and 12 people reported dead from the police gun shots while many are still unaccounted for.
Mongu 14 January 2011, the dead body is that of VictorThose shot dead by the Zambia Police
Kalyangu Kang’ombe, the man who was shot at Mongu BP filling station, was on his way to the police station to find out why his landlord, Mutakela Mutakela, had been picked by police when he met his fate. Mr Kang’ombe was trying to move a burning tyre when police shot him under his nose. “This man was not even a Lozi, he was Mbunda. Police maintained that he was trying to set the filling station ablaze and had to be stopped." Alliance for Democracy and Development (ADD) president Charles Milupi said.
A boy named Limpo was shot while he was herding cattle. Alliance for Democracy and Development (ADD) president Charles Milupi said.
A 12-year-old boy named Chilemu was shot by police in the chest while in his grandmother’s house in Kapulanga area. Alliance for Democracy and Development (ADD) president Charles Milupi said.
The following Barotseland Martyrs died in the Prisons of the Zambian State
On 18 April 2011 A 70-year-old man of Mongu’s Mbuywana Compound, Mwiya Sihope, who was charged and discharged on treason over the Mongu issue, died at Lewanika General Hospital arising from complications sustained during his over 50-day detention in Lusaka Central Prison.
On 22 April 2011, A 16-year-old boy of Limulunga Royal Village died in detention at Mumbwa Remand Prison where he was waiting for his trial to be disposed off by the Mumbwa Magistrate’s Court and several other detainees were released via a nolle prosequi while others were discharged on medical grounds. Kabayo Kabayo died from suspected septicaemia whilst detained in Mumbwa Prison awaiting the disposal of his court case in the Mumbwa subordinate court.On 12 July 2011, 26-year-old Pelekelo Likezo died at his Malelekwa home at around 19:00. Lewanika General Hospital Mortuary that Pelekelo was not in poor health when he was taken to Mumbwa Prison over the Mongu riots.
‘My brother was arrested on January 14, 2011 over these Linyungandambo riots. When he came back he stayed for about a month and he started having a problem of dizziness,’ť said Lubinda as his brother’s body lay on the roadside on a thin mattress with sombre-looking people surrounding it.
On 14 January 2011 30-year-old Davison Siyoto had his right leg amputated at the University Teaching Hospital UTH after he was shot at during the Mongu incident. Davidson Siyoto who was in ward E21 on bed 29. Siyoto’s knee cap was shattered as a result of police shootings during the January 14, 2011 Barotseland Agreement protest in Mongu and he has had his right light leg amputated.
2012 - Hundreds of people were arrested and prosecuted over the January 14, 2011 riots that left at least two dead and several others injured.
DECOLONISATION OF BAROTSELAND
A) POINTS TO PROVE DECOLONIZATION
1. Administering the Barotzis territory without Union Act.
2. Inheriting obligations of coloniser by Zambian government.
3. Transfer of obligations by the protecting state to another (Zambia).
4. Usurping the powers of the Barotse King contrary to what was agreed upon.
5. Suppression of the Barotse government by Zambia contrary to the agreement viz forced assimilation and black on black colonialism.
B) THE TASK OF INTERNATIONAL ORGANISATIONS
1. Arbitration in disputes
2. Mediation in disputes
3. Conflict prevention
4. Conflict settlement in war tone zones.
5. Peace making initiatives.
C) THERE IS NO RIGHT TO:
i. Colonise people
ii. Oppress or suppress people
iii. Dominate other people
iv. Occupy other people's territory illegally
v. Force other people to assimilate other's nationality.
The issue has dragged for a long time because of the tendencies of the Police to muzzle people and reinforce coercion.
Map of the Kingdom of Barotseland in 1881 (Marutse Mambunda Reich in German)
Map showing Africa in 1750
BAROTSELAND LINKS
BAROTSELAND GOVERNMENT LINKS
Barotseland Government in Waiting 2012
Letter to the United Nations
BAROTSELAND’S NATIONALIST GUIDE
Barotseland Constitution 2012
LINYUNGANDAMBO MANIFESTO Resolutions Barotse National Council
11 February 2008
FREE BAROTSELAND RADIO BROADCAST
FREE BAROTSELAND - Radio Broadcast No.1, February 2012
The Kingdom of BarotselandColour video documentary showing the migration of the King of Barotseland from Mongu to Limulunga during the seasonal floods.
The film opens with scenes of agricultural life 'in the Barotse province of Northern Rhodesia' and shows the daily life of the local Lozi people. First they are shown in the water and carrying sacks on their backs, before further sequences show them harvesting maize, cooking, fishing and cattle rearing. An African vet, with his 'modern scientific methods', administers an injection. The commentator explains that these people 'have plenty to eat and nothing to worry them', but states that they are governed by the river. As the flood season approaches, their cattle move to higher land.
The tribe prepares to migrate during the flood season. First, they `honour their chiefs' with a ritual dance, and then wait for the Chief to instigate the move. The Chief's barge is prepared and then the royal paddlers, in traditional headdresses, row. The barge is preceded by a minister 'who must clear the way of evil spirits', before all others follow. They travel on their barges, with all their belongings, including bags, cooking utensils and dogs. The arrival of the Chief's daughter marks the completion of the migration, which is celebrated with further dancing and singing.Rt Hon Mwangelwa
Clerk of the Executive Council
Contact us: barotseland.government@gmail.com
FFSAFederation of the Free States of Africa
Contact
Secretary General
Mangovo NgoyoEmail: africa.federation@gmail.com
www.africafederation.net
