For the attention of:

Mr. Edgar Changwe Lungu President of the Republic of Zambia

State House Lusaka

Republic of Zambia

By e-mail and DHL

William Kirtley

E-mail : wkirtley@duguekirtley.com

Admitted to practice in Washington, D.C.

Sylvana Sinha

E-mail : sylvana@post.harvard.edu

Admitted to practice in New York

Paris, 11 June 2015

RE. : CHALLENGE TO SIGN A PERMANENT COURT OF ARBITRATION SUBMISSION AGREEMENT

Dear President Edgar Changwe Lungu,

Our firm represents the Barotseland National Freedom Alliance (“BNFA”) in tandem with co-counsel Ms. Sylvana Sinha. We are writing to follow up on the BNFA’s letter of 26 January 2015 requesting the amendment of the Permanent Court of Arbitration (“PCA”) documents by appending your signature, which would allow a peaceful resolution of the disagreement pertaining to the Barotseland statehood in accordance with international law.

We are writing you on behalf of the Barotseland National Freedom Alliance (“BNFA”), which our firm represents. As you may be aware, while our client collected over 10,000 signatures from Barotse nationals and representatives in support of the PCA process, the immediate past and late President Michael Chilufya Sata, on behalf of the Zambian regime, wrongly and unjustly refused to append his signature, thus denying the Barotse People a chance to exercise its fundamental right to self-determination.

As the liability for the flagrant violations of the 1964 Barotseland Agreement primarily lies on your predecessors, including the former President Kenneth Kaunda, it would be unfair to hold you responsible for the current issues concerning Barotseland’s status within the Republic of Zambia (“Zambia”). We are confident that you will allow for a diplomatic means of solving any misunderstanding pertaining to the actualization of Barotseland statehood by rectifying your predecessors’ mistakes and by appending your signature to the PCA documents.

Should Zambia’s position to deny Barotseland statehood be supported by law, it is vital to our clients and in the interest of peace and justice in the region that a legally binding and final

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decision by a neutral and independent tribunal establishes it. Therefore, we respectfully propose, on behalf of our clients and the People of Barotseland, that you abide by the express will of the Barotse People by signing the enclosed arbitration agreement to engage in a PCA Arbitration process, bringing to an end the outstanding issue of Barotseland’s disengagement from Zambia, in accordance with the law.

If you believe that Zambia’s current occupation of Barotseland is legal, then you should have no difficulty with respect to our simple proposal that you sign the enclosed arbitration agreement so that this matter may be determined in accordance with the law. As a learned person, we believe and trust that you will follow the right and peaceful channel of resolving any misunderstanding pertaining to the actualization of Barotseland statehood.

It is our client’s position that the undisputed legal basis for the creation of modern Zambia, formed by Barotseland and the rest of Northern Rhodesia, is the Barotseland Agreement of May 18, 1964 (“Barotseland Agreement”) which, we submit, must be legally qualified as an international treaty signed by Sir Mwanawina III, KBE, then King of Barotseland, Mr. Kenneth Kaunda, the Prime Minister of Northern Rhodesia (to be renamed Zambia), and the Secretary of State for Commonwealth Relations and for the Colonies on behalf of the United Kingdom.

The Zambian Government first breached its obligations under the Barotseland Agreement in October 1965 and has continued to violate both the spirit and the letter of this treaty to the present day by, inter alia, wrongfully denying Barotseland the exercise of powers and control over its land and by going so far as to purport to annul constitutionally the Barotseland Agreement.

Our client’s position is that Zambia flagrantly violated the Barotseland Agreement by refusing to comply with its obligations to maintain the special autonomous status of Barotseland and by depriving Barotseland of its full economic potential for independent development.

Moreover, our client’s position is that Zambia’s unilateral attempts to renounce the Barotseland Agreement and to deny Barotseland the right to an autonomous existence constitutes a repudiatory breach of the Barotseland Agreement which grants Barotseland the right to terminate the treaty once and for all and to determine its own fate in accordance with the self-determination principle.

Furthermore, our client’s position is that Barotseland validly exercised its right to terminate the Barotseland Agreement on 26^th and 27^th March 2012, when a Barotseland National Council (“BNC”) representing a majority of the people of Barotseland formally recognized the abrogation of the Barotseland Agreement by the Zambian Government, thereby freeing

Barotseland from its former union with Northern Rhodesia. Therefore, resolutions such as the following must be given their full legal effect:

“The people of Barotseland shall exercise their right to revert Barotseland to its original status as a sovereign nation, so that the people of Barotseland shall determine their political, cultural, social and economic development.”

Barotseland has therefore legally reverted to the status of being an independent nation on the basis of this BNC Resolution and under international law.

As Zambia’s continuous actions to force an independent nation to remain under its yoke, without its consent, is a flagrant violation of international law, it is also our client’s position that Zambian authorities and State institutions must immediately vacate Barotseland to comply with their international obligations.

If it is Zambia’s position that any of our client’s above positions are incorrect and that Zambia’s actions are lawful under international law, our client respectfully invites you to agree to submit Zambia’s and our client’s respective positions to an independent and impartial international arbitral tribunal by signing the enclosed arbitration agreement.

The arbitral tribunal would determine the validity of Zambia’s actions and rule upon the current legal status of Barotseland and the on-going Barotseland Petition before the African Commission of Human and Peoples Rights in Banjul.

Although we are confident that you will allow to bring to an end the outstanding issue of Barotseland’s disengagement from Zambia in accordance with the law and the will of the Barotse nation, failing to sign the Arbitration Agreement would not only discredit the Zambian government in the eyes of its own people but would also be viewed by the international community as an acknowledgement of Zambia’s unlawful actions in its relationship with Barotseland.

Should we not hear from your office within two months from the date of this letter, we shall consider the matter to have been ignored, in bad faith, by you and the Zambian Government. Our client reserves its right to pursue the many other options that are available to it at this time, for as many months, years or decades as it takes for this matter to be finally settled, which it will be, since it is impossible to erase an African nation with centuries of history and culture, as your predecessors attempted to do.

In light of the foregoing and of the genuine will of the Barotse nationals as expressed through their signatures, we believe that the Zambian government is bound by the quasi-unanimous

desire of the Barotseland nation to submit the question of its statehood and expression of its national identity to an arbitral tribunal.

Therefore, you should sign the enclosed Arbitration Agreement to participate in the creation of an impartial and independent tribunal, in order to maintain domestic and international legal credibility and peacefully resolve all of Barotseland’s outstanding disputes with Zambia. The matter will then be out of your hands, for it will be for an international court to decide.

Should we not hear from your office within two months from the date of this letter, we shall consider the matter to have been ignored, in bad faith, by the Zambian Government.

With this in mind, we trust that you will sign the enclosed arbitration clause, which grants jurisdiction to a neutral and independent arbitral tribunal to peacefully resolve all of Barotseland’s outstanding disputes with Zambia.

Sincerely yours,

______________________	______________________
William Kirtley	Sylvana Q. Sinha
Dugué & Kirtley AARPI

Encls. - PCA Submission Agreement

Barotseland Agreement 1964

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