Barotseland's independence is imminent—as Zambia celebrates its 53^rd national day

by BNFA Publicity Wing

Introduction The Barotseland Agreement 1964 (BA'64) is undoubtedly the foundation of the unitary state of Zambia. This Agreement was signed by the Prime Minister of Northern Rhodesia Kenneth Kaunda on behalf of his government, Mwanawina III Lewanika the Litunga of Barotseland on behalf of himself and his subjects and Duncan Sandys, the principle Secretary of State for Commonwealth Relations and for the Colonies on behalf of Her Majesty’s government. In terms of its contents, the BA'64, provided for sovereignty power sharing and the terms under which Barotseland would remain an autonomous territory.

Abrogation of BA’64 Barotseland's Natural Rights and Sovereignty since 1969 after unilateral abrogation of the BA'64 by the Zambian government under the Kaunda regime was a gigantic moment whereby an entire government legislated against its own obligation towards Barotseland by usurpation of Barotseland territory. This established Zambia as an illegal entity and absolute tyranny over Barotseland's territory and rights. Poor infrastructure, high HIV infection, underdevelopment, low passing rates, unemployment and denial of fundamental human rights, to mention but a few, are all within the territory as an outcome of a deliberate unwritten Zambian government policy against Barotseland. Zambia does not apply the law or logic over Barotseland impasse. Nonetheless which people would tolerate and allow themselves to be taken as cheap commodity? If Zambia was a law abiding, it would have not abrogated the BA'64, the only legal document it could use to claim authority over Barotseland nor occupied Barotseland following its unilateral abrogation. Now that the precedent of doing what is illegal has been set, so in our quest for liberty nobody should consider Zambian law. The relationship between Barotseland and Zambia ended immediately when the BA'64 was terminated unilateral by the government of Zambia in 1969. Once a treaty is dishonored, parties to that agreement (treaty) should refrain from making each other's territory an object of acquisition by means of military occupation or by direct measure of force; and no such acquisition will be deemed as legal.

Legal fiction In the minds of Zambian authority and populace, their unilateral abrogation of the BA'64 still gives them authority over Barotseland affairs. This is legal fiction because the territory was not co-joined to independent Northern Rhodesia (Zambia) on the eve of 24^th October, 1964. There was no confederation Act as the BA'64 did not surrender the territory to Zambia but was a temporary marriage agreement which Zambia failed to honor. As such, it ended-up in co-habitation up until its abrogation. Barotseland was to come under the obligations of Zambian government based the agreement and not that it should cease to exist or that the territory was ceded to Zambia. "The government has no wish to interfere with the day to day running of the internal affairs of Barotseland", Mr. Kaunda said on August 6, 1964. Furthermore, the preamble of the BA'64 is unambiguous on this fact, "It is the wish of the Government of Northern Rhodesia and of the Litunga of Barotseland to enter into arrangements concerning the position of Barotseland as part of the Republic of Zambia to take the place of the TREATIES and other AGREEMENTS hitherto subsisting between Her Majesty the Queen of Britain and the Litunga of Barotseland".

BNC Resolutions of 2012 The BNC resolutions of 2012 is our only political guide for Barotseland with clear authorization from the people of Barotseland to actualize the territory's independence in a peaceful manner, however, there is a limit to every approach. "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 has reverted us to our original status", reads the last par. of the preamble of the BNC resolutions of 2012. Barotseland was recognized as a nation-state in 1905. The King of Italy had arbitrated over the dispute of the boundary of the Barotseland territory with Portuguese West Africa, the conclusion affirmed the boundary of Barotseland country. Further, Barotseland state is emphasized (cf) elite of Barotseland page 2 line 34); it had centralized state, cohesion and stability.