Press Release from the Publicity Wing of the Royal Barotseland Government in Waiting
7th October, 2012
State of Affairs in the Nation of Royal Barotseland
It is now seven months from the time the people of Barotseland officially accepted the unilateral abrogation and nullification of the now null and void Barotseland Agreement 1964 by the Zambian government.
Furthermore, the people of Barotseland publicly declared that they are no longer interested in the agreement as well, and therefore, they are no longer part and parcel of the country called Zambia. This is in conformity with the principle of law which states that “No one can be bound by an agreement or treaty that is not in force”
It should be noted that by international law as far as declaration is concerned the Zambian government was supposed to rebut the Barotzis’ declaration which took place on the 27th March 2012, within 28 days from the date the declaration was pronounced failure to which would mean consent, because in international law “silence means consent.”
Therefore, we put it to the Zambian government that they have consented to our declaration since the time for them to rebut the declaration has elapsed or expired, and consequently they can no longer rebut our declaration. After all, they are the ones who unilaterally abrogated and nullified the Barotseland Agreement 1964.
In addition, the Zambian government has been and still occupies Barotseland illegally, contrary to the United Nations Security Council resolution 276 (1970).
In view of the above we the Barotzish MUST now know that, hence forth, we are at liberty to go ahead and effect government and institutions of governance and run them as mandated by the International Laws such as; the United Nations General Assembly Resolution 1514 (XV of 1960), where the inalienable right of the people to freedom and independence are stipulated, the international covenant on civil and political rights Article 1, Vienna Convention Articles 60 and 70 as well as African Charter on Human and peoples’ rights Articles 20 and 21 respectively
It must also be noted that we the people of Barotseland are rebuilding our beloved country and nation which was destroyed and looted by the Zambian government under the Kaunda regime of the 1960s.
Since the Barotseland agreement 1964 did not enter into force the Law of Treaties state that “An agreement or treaty that has not entered into force is not legally binding”
Furthermore, no treaty or agreement can change the character of the assenter. Therefore, Barotseland was to remain the same even after the signing of the agreement of 1964.
Those Zambians who think that the Barotseland Agreement 1964 changed the character of Barotseland as a nation and country are deluded and ignorant of the international law on treaties, agreements and contracts in as far as the character of the assenter is concerned.
Finally, we wish to inform the people of Barotseland, home and abroad, that we have now completed and fulfilled all requirements of our statehood, with the final one being the endorsement of our own transitional constitution.
Over the past two months, we embarked upon a process of collecting endorsements from Minzi (Vilages), Lilalanda (Braches), Lilalos (Constituencies), Likiliti (Districts) of Barotseland as well as from Barotzis living abroad, by way of signatures and / or names, in favour of the document, and we are proud to report that the process has been overwhelmingly successful with over 6,000 signatures and /or names collected already.
This endorsement entails that we can now proceed with the announcement and inauguration of the caretaker government. As you may know our transitional constitution does empower our Litunga (King), who shall forever be the head of state, to inaugurate the caretaker government among other functions.
Our constitution also empowers the caretaker government to execute government functions, such as re-establishment of the police, establishment of the army, re-establishment of the central bank of Barotseland, appointment of ambassadors and high commissioners, among other functions.
Therefore, we wish to advise that soon and very soon the end of our struggle for total independence and self-determination, as mandated in the United Nations General Assembly resolution 1514 (XV 1960) is eminent.
Although we have collected enough signatures and / or names to proceed, we wish to ensure that no Barotzish is left out in this historic process. Therefore, collection of signatures and / or names will still continue to enable everyone who has not yet added their voice for Barotseland independence to do so. These signatures and / or names shall be published and archived for posterity to appreciate how heroic and united the Barotzish have been, while copies have been sent to the international community.
“Tukongote, Litunga Nilyetu”