The , Barotseland National Youth League, in their  latest petition to the UN Security Council have stated that Zambia’s continued claim that Barotseland and Zambia are one and friends is a fallacy, bogus and a mockery of the worst kind that is annoying to the people of Barotseland.

“This matter is very serious and your delay will result to massive deaths and bloodshed. We have nothing to fear anymore and we cannot tolerate gross injustice being perpetuated by the Zambian Government headed by His Excellency Mr Michael Chilufya Sata.” The letter stated in part.

“Your Excellency, we are optimistic that the Security Council will intervene and act swiftly over our petition, the way they did when they ordered the South African Government to immediately withdraw its administration from South West Africa (Namibia). We have appealed to your office because we have belief, trust and confidence that you will deal with our case decisively and accord it the urgency it deserves. We have been defending the sovereignty of Barotseland using the international law for a long time now, but this time around should the Zambian Government push us too far; we shall use physical force to defend our sovereignty.” The letter further petitioned.

On the 21 days ultimatum that they gave to the president of Zambia the BNYL said that they have been forced to straight away petition the UN to sanction the Lusaka administration before the stipulated time of the ultimatum because the Zambian Security Forces have gone on rampage arresting Barotseland Nationals especially the youths.

They have, therefore, resolved to immediately petition the United Nations Security Council to sanction Zambia and order her to withdraw her administration from Barotseland and to immediately release those arrested in connection with the illegal occupation of Barotseland by the Zambian Government, in accordance with the United Nations Security Council Resolution 276 of 1970, because Zambia is occupying Barotseland illegally contrary to the Security Council Resolution 276 (1970).

“The extension and enforcement of the Zambian laws in the territory of Barotseland together with the continued detentions, trials, and subsequent sentencing of Barotseland Nationals by the Government of Zambia constitutes illegal acts and flagrant violations of the rights of the Barotseland Nationals concerned, the Universal Declaration of Human and the International Status of the territory.”

Apart from their two youths, Siseho Sibiho and Tobias Lubasi (Barotseland National Youth League) who were arrested and detained in Sesheke Police station, but later released, they named the arrested in their letter of petition as;  Chazele Mulasikwanda (Barotseland Freedom Movement) arrested and detained in Kalabo Police Station; Mathews Limpo, Liseli Lungowe, Chrispin Mulonda, N. Mushokabanji Wamui, Pumulo Mutemwa, Morgan Lubinda, Munyinda Munukayumbwa, Pumulo Silumesi, Robert Kalezhi, Wakuňuma Mulope, Inambao Mwananyambe, Mwiya Aongola, Sebby Mbalata Katiba, Sinonge Lutangu, Jeff Mwiinga and Nyambe Kazhila (Barotseland Freedom Movement) arrested in Mongu the Capital City of Barotseland but later transferred and detained in Kaoma Remand Prison.

Here below is their letter of petition reproduced. See signed copy here..

18th September, 2012

The Secretary General

United Nations

ATTENTION: SECURITY COUNCIL

Dear Sir,

RE: PETITION TO ORDER ZAMBIA WITHDRAW HER ADMNISTRATION FROM BAROTSELAND BECAUSE SHE IS ILLEGALLY OCCUPYING BAROTSELAND CONTRARY TO THE UNITED NATIONS SECURITY COUNCIL RESOLUTION 276 (1970) CONSQUENTLY ZAMBIA SHOULD BE SANCTIONED FOR VIOLATION OF THE SAME.

Zambia is occupying Barotseland illegally contrary to the United Nations Security Council Resolution 276 (1970) at its 1527th meeting, on 28th January 1970 of which Zambia was represented in a discussion entitled “The Situation in Namibia”.

The Security Council resolved as follows:

1) Reaffirming the inalienable right of the people of Namibia to freedom and independence recognized in General Assembly Resolution 1514 (XV) of 14th December 1960.

2) Reaffirming General Assembly Resolution 2145 (XXI) of October 1966 by which the United Nations for South West Africa (Namibia) was terminated and assumed direct responsibility for the territory until its independence

3) Reaffirming Security Council Resolution 264 (1969) of March 1969 in which the council recognized the termination of the mandate and called upon the Government of South Africa to withdraw immediately its administration from the territory of Namibia.

4) Reaffirming that the extension and enforcement of South African laws in the territory of Namibia together with the continued detentions, trials and subsequent sentencing of Namibians by the Government of South Africa constitute illegal Acts and flagrant violations of the rights of the Namibians concerned, the Unilateral Declaration of Human Rights and the international status of the territory, now under direct United Nations Responsibility.

5) Furthermore, the Security Council resolved and declared that the continued presence of South African authorities in Namibia is illegal and that consequently all acts taken by the Government of South Africa on behalf of or concerning Namibia after the termination of the mandate are illegal and invalid.

6) It declared further that the defiant attitude of the Government of the South Africa towards the Council’s decision undermines the authority of the United Nations.

7) Considers that the continued occupation of Namibia by the Government of South Africa in defiance of the relevant United Nations Resolutions has grave consequences for the rights and interests of the people of Namibia.

8) Calls upon all states, particularly those which have economic and other interests in Namibia to refrain from any dealings with the government of South Africa which are inconsistent with paragraph 2 of the present resolution.

Due to the foregoing, we are aware that Barotseland is a real geo-African country that can never be ignored. The French, Germans, British, Portuguese, Spanish, Belgians and Italians know about this fact; these are the ones that drew the map of Africa in the 1890s. Furthermore, the people of Barotseland are Barotzish, they have homogeneity and a special history, and they were not conquered by anyone.

As an organic Nation, Barotseland has one lingua franca (common language) like Japan, German, France, Spain, India, Britain or China. Therefore, it must be noted that Zambia has no bona fide claim of right over Barotseland, because the destiny of Barotseland in 1890 was not to be ruled by aliens.

 (1) Knowing that Barotseland was a British protectorate during 1890 to 1964, and a protectorate by British Standard of laws, is an area of the soil of which does not belong to the Crown, but the foreign relations of which are subject to its control based on Agreement by Treaty, grant or capitulation etc.

(2) Acknowledging that in 1964, those British who protected Barotseland left; so the principal of Postliminium was expected to apply to the territory of Barotseland, but instead the British Crown Colony of Northern Rhodesia and Barotseland was made to enter into an Agreement witnessed by the British Government.

(3) Being aware that the Agreement took place of the treaties between Barotseland and Britain.

NB: Parties to the Barotseland Agreement of 1964 were Northern Rhodesia and Barotseland.

(4) To spice it all, it is essential to realize that the requisites of an Agreement are two or more persons, a distinct intention common to both, known to both referring to legal relations and affecting the parties.

(5) The whole purpose of the Barotseland Agreement of 1964 was to provide for the autonomy and self-determination of Barotseland when the Northern Rhodesia Colony was to become independent Zambia.

(6) On the contrary the said agreement did not enter into force, hence instead of independence or self-determination, Barotseland was downtrodden and subjugated to the Zambian Government.

(7) Now that the Zambian Government inherited all the obligations of the British Government over Barotseland at Zambia’s establishment, and by the fact that the Barotseland Agreement took the place of the treaties between Barotseland and Britain, it follows that the Zambian Government becomes a quasi-protector or colonizer, certainly if you inherit obligations of the colonizer you automatically become one.

(8) The law of Agreements states that, “In convention bus contrahentium volutas potiusquamverbaspectariplacuit; viz in construing agreements the intention of the parties rather than the words actually used should be considered; since the Barotseland Agreement 1964 is taken into the light of a treaty; the law of treaties states that, the agreement that has not entered into force is not legally binding; besides no treaty can change the character of the assenter. So Barotseland was to remain the same.

(9) That the agreement was not Exaequo et bono, entered into by the Zambian Government is evident, considering Mr. Kaunda’s deceitful acts. Any suggestion that Barotseland merged with Northern Rhodesia (Zambia) in 1964 is a rebuttable presumption, due to the following facts:

a) The Zambian Government is aware that the territory (Barotseland) signed an Agreement with Northern Rhodesia (Zambia) in 1964.

b) The Zambian Government knows very well that what gave them the authority over Barotseland was the Barotseland Agreement of 1964.

c) The Zambian Government knows too well that the agreement was nullified.

d) The Zambian Government knows that the Barotzis wanted the Barotseland Agreement to be honored, respected, implemented and enter into force, but all the successive Zambian governments have been giving many excuses and citing legislative Acts as a basis for refusing to honor the Agreement. Which simply means the Agreement was entered into in bad faith.

e) There was a Barotse Congress held between 26th March – 27th March 2012, where it was announced and declared publicly that Barotse People had nothing to do with the Agreement as well; this was in conformity with the principal of law which states that “Nobody could be bound by an agreement that is not in force.”

The Barotzis have accepted the nullification of the Agreement; and by principal of law “a thing is made and destroyed by one and the same means ” so if Zambia was made by the agreement, then it is destroyed by the same Agreement that is nullified.

Your Excellency, the situation of Barotseland’s illegal occupation by Zambia contrary to the United Nations Security Council resolution number 276 of 1970, is similar to that of Namibia, when she was illegally occupied by the Government of South Africa.

In fact Zambia’s claim that Barotseland and Zambia are one and that they are friends is fallacy, bogus and mockery of the worst kind to the people of Barotseland and they annoy us because of the following facts;

(i) On 14th January, 2011, Zambian Security forces invaded Barotseland and massacred more than 19 Barotseland Nationals of which the majority were the youths and hundreds were tortured, maimed and falsely imprisoned for telling the Zambian Authorities that they and their Government are occupying Barotseland illegally and ruling her people through forced assimilation.

(ii) To show the criminality of the Zambian Government, they went further to appoint and promote the criminals in the name of Zambia Police; for instance, Mr. Solomon Jere and Antoneil Mutentwa, who were Police deputy commissioners at the time they invaded Barotseland and committed atrocities against the Barotse Nationals, were promoted to the ranks of full Police commissioners by Mr. Sata immediately he was sworn in into office. This clearly shows that we are enemies and not friends.

(iii) Furthermore, on 10th and 11th September, 2012, the same Zambian Government headed by Mr. Sata, went on rampage arresting, detaining and torturing Barotse Nationals to this time once again on allegations that they tore the Zambian Draft Constitution in Mongu the Capital City of Barotseland, even after we the people of we the people of Barotseland told the Zambian Government not to take the draft constitution to Barotseland, because we are not Zambians but Barotseland Nationals and we have our own constitution already. This is purely provocation of the worst kind. What kind of people are these who don’t reason?

In addition, it is on record that on 7th September, 2012 we wrote to His Excellency Mr. Michael Chilufya Sata, the President of the Republic of Zambia advising his Government and demanding that he withdraws his administration from Barotseland, because Zambia is occupying Barotseland illegally contrary to the United Nation Security Council Resolution Number 276 of 1970.

We gave the Zambian Government 21 days ultimatum in which to withdraw its administration from Barotseland of which the same letter was copied to your office. To date the Zambian Government has not done so despite the expiration of the ultimatum. This indicates how stubborn the Zambian Government is; just because they have security forces at their disposal. This confirms that His Excellency Mr. Michaels Chilufya Sata’s utterances that we (Barotseland) are on a weaker side.

Finally, we have been prompted to send this petition before the stipulated time, because the Zambian Security Forces have gone on rampage arresting our people especially the youths found in possession of the 21 days ultimatum Letter we wrote to Mr. Sata copied to your office.

Therefore, we petition the United Nations Security Council to sanction Zambia and order her to withdraw her administration from Barotseland and immediately release those arrested in connection with the illegal occupation of Barotseland by the Zambian Government, in accordance with the United Nations Security Council Resolution 276 of 1970, because Zambia is occupying Barotseland illegally contrary to the Security Council Resolution 276 (1970), because Zambia is occupying Barotseland illegally contrary to the Security Council Resolution 276 (1970). The extension and enforcement of the Zambian laws in the territory of Barotseland together with the continued detentions, trials, and subsequent sentencing of Barotseland Nationals by the Government of Zambia constitutes illegal acts and flagrant violations of the rights of the Barotseland Nationals concerned, the Universal Declaration of Human and the International Status of the territory.

The following are the names of those arrested by the Zambian Government; Siseho Sibiho, Tobias Lubasi (Barotseland National Youth League) arrested and detained in Sesheke Police Station, Chazele Mulasikwanda (Barotseland Freedom Movement) arrested and detained inKalabo Police Station; Mathews Limpo, Liseli Lungowe, Chrispin Mulonda, N. Mushokabanji Wamui, Pumulo Mutemwa, Morgan Lubinda, Munyinda Munukayumbwa, Pumulo Silumesi, Robert Kalezhi, Wakuňuma Mulope, Inambao Mwananyambe, Mwiya Aongola, Sebby Mbalata Katiba, Sinonge Lutangu, Jeff Mwiinga and Nyambe Kazhila (Barotseland Freedom Movement) arrested in Mongu the Capital City of Barotseland but later transferred and detained in Kaoma Remand Prison.

Your Excellency, we are optimistic that the Security Council will intervene and act swiftly over our petition, the way they did when they ordered the South African Government to immediately withdraw its administration from South West Africa (Namibia). We have appealed to your office because we have belief, trust and confidence that you will deal with our case decisively and accord it the urgency it deserves. We have been defending the sovereignty of Barotseland using the international law for a long time now, but this time around should the Zambian Government push us too far; we shall use physical force to defend our sovereignty.

Yours Signed,

Barotseland Youths

1. Likando Likando
2. Sikwibele Wasilota
3. Boris Muziba Muziba
4. Masiyaleti Masiyaleti
5. Luyanga Nawa
6. Mwenda Nayoto
7. Itwi Derrick
8. Etambuyu Nyambe

cc: The Country Representative, UNDP, Zambia
cc: The President – European Union
cc: The Secretary-General, Commonwealth
cc: The Secretary-General, African Union
cc: The Secretary-General, Amnesty International, UK
cc: The President - International Criminal Court (ICC), Hague the Netherlands
cc: The President – International Court of Justice (ICJ), Hague the Netherlands
cc: The Secretary-General, SADC
cc: The Lord Chancellor (Minyolui) Royal Barotseland
cc: The Administrator-General, Royal Barotseland
cc. The President of the Republic of Zambia
cc: Embassies, Lusaka