COMMISSION OF INQUIRY INTO THE MONGU RIOTS OF 14TH JANUARY 2011
MINORITY REPORT ON TERM OF REFERENCE No. 11
CONCERNS OF THE PEOPLE OF WESTERN PROVINCE AND RECOMMEND MECHANICS OF ADDRESSING THEM11 January 2012
WITHOUT ambiguity, dilution, addition or subtraction the voice of the people of Barotseland was heard very loud and clear; through submissions from individual petitioners; Barotse activist movements; district Kutas of the Barotse Royal Establishment, and other petitioners in the Diaspora.
The petitioners overwhelmingly submitted demands for total independence of Barotseland as the only alternative to the impasse over the Barotseland Agreement 1964.
The Barotse Royal Establishment at Namuso was categorical and with emphasis, stated their position that the BRE shall go along with the wishes of the people of Barotseland; however final decision will be made by the Barotse National Council.The following reasons were advanced to justify and strengthen their demands:
1) The Barotseland Agreement 1964 was unilaterally abrogated by the Government of Zambia in 1969 without recourse to the other party to the contract. This action spelt the breach of the Agreement and therefore it dissolved the unitary state of Zambia.
2) Prior to and after the abrogation of the Agreement, the Government of Zambia embarked on a series of enactments of legislation which were targeted and discriminatory, to dismember the Agreement and render it ineffective thus the people of Barotseland were dispossessed their inalienable right to self-rule within the Republic of Zambia.
3) The Government of Zambia had with stubborn and spiteful consistency spurned all efforts from the Barotse Royal Establishment and the people of Barotseland to have the Agreement restored.
4) Through malice, the Government of Zambia obliterated literature on the Agreement by ensuring that all traces were removed from the surface of Zambian and Barotse contemporary history; such as text books used in educational institutions.
5) The legal rights for Zambia to exercise any form of legitimate control, administration, security or otherwise over Barotseland ceased when the Agreement was annulled in 1969. Therefore Barotseland has been ruled and occupied illegally by Zambian oppressive and suppressive regimes.
6) It is this illegal occupation that has resulted in criminalization of possession or discussion of Barotseland Agreement which attracted treason or seditious charges – thus the people of Barotseland were systematically denied their constitutional and universal right to freedom of expression to impart and receive information.
7) The people of Barotseland have lost confidence and trust in the Government and people of Zambia for legislating against its own contractual obligations and sponsorship of discriminatory constitutional clauses targeted at Barotseland.
8) Since neither the principles of the law of contract nor international law on the right for a people that constitute a nation to secede, do not support Zambia on its illegal occupation of Barotseland, it is morally logical for the people of Barotseland to seek their inalienable rights to freely determine their future political, economic and social development as a free and liberated people.
For the forgoing reasons, this minority report concludes by recommending as follows:
CONCLUSION:
The people of Barotseland have told the commission in very clear and unambiguous language that they have finally accepted the unilateral termination of the Barotseland Agreement 1964 by the Government of Zambia. By that action they understand that Barotseland should now proceed to full and complete self-determination.
RECOMMENDATIONS:
(a) The Government of Zambia and Barotseland should commence discussions immediately to work out transitional arrangements towards Barotseland’s Independence.
(b) The Zambian Government should desist from making unilateral decisions on any matter affecting the constitutionality of Barotseland without engaging the people of Barotseland through the traditional leadership of the Barotse Royal Establishment.
Rt Hon Nyambe Namushi
COMMISSIONER REPRESENTING
BAROTSELAND FREEDOM MOVEMENT, LINYUNGANDAMBO
Contact us
Rt Hon Mwangelwa
Clerk of the Executive Council
barotseland.government@gmail.com
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