Nothing Will Restrain The People Of Barotseland From Legislating For Their Country - Saleya Kwalombota We are all proud of our country of Royal Barotseland and are all waiting to witness Barotselands self-determination become true even in the face of the occupying country. Zambias militarizing of our territory is not acceptable and is an act of aggression. What is the purpose of United Nations? According to the U.N. Founding Charter (Article 1) — 1945 starts that, One purpose of the United Nations is “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples and to take other appropriate measures to strengthen universal peace.” The right to self-determination — which allows people to secede from a mother state if they so choose — appears in various international conventions, including the founding document of the United Nations. Under the Law of Nations, rights go hand-in-hand with responsibilities. Entitlement is irrevocably tied to accountability. If Zambia is unable to behave in a manner in keeping with the most fundamental principles of the law of nations, it will pay for its wrong acts. It is worth mentioning why I will refer to conflict and not war. The answer is straightforward. Under the 1945 United Nations Charter, adopted just after the horrors of World War II, the use of force by one State against another is prohibited (Article 2). States may resort to force in the exercise of their inherent right of individual or collective self-defence (Article 51) or as part of military sanctions authorized by the Security Council (Articles 43-48. This explains why people of Barotseland should have courage to stand and re-claim their territory. What is the political existence of Barotseland? According to Montevideo Convention on the Rights and Duties of States Signed at Montevideo, 26 December 1933 and Entered into Force, 26 December 1934 article 3 starts that, The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts. Barotseland even before recognition has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests. The rights of either Zambia or Barotseland do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law. Barotseland as a matter of facts existed as a nation long before the birth of Zambia on the 24th of October 1964, and had enjoyment of sovereignty before becoming the integrate part of Zambian through the BA’64. Since Barotseland has reverted to her original status, she has the right to pass and in force laws within the jurisdiction of the Barotseland territory with the full blessing of international law. The will of the people is the determining factor. The independence of Barotseland is a fact. I have urged that this fact enjoys international legal legitimate for three reasons: 1. In the absence of BA’64 (Barotseland Agreement 1964) Barotseland ceases to be part of Zambia and reverts to its original status. 2. Zambia failed to challenge Barotselands independence declaration within 28 days from the date of declaration on 29th March 2012. 3. Grave evidence of human rights violation against the people of Barotseland by Zambia since 1969 when the BA’64 treaty was abrogated. Now people have chosen independence, which is really accepting the reality of what Zambia has done. Zambia must own-up to what they have done. Zambia has seceded Barotseland. As things stand, Zambia is busy militarizing our territory in readiness to stop our government takeover of administration. What Zambia should know is that Sovereignty belongs to the people in Barotseland and Barotseland is our heritage. Precedents, legal interpretation and knowledge are at our disposal, to enable us stand on our feet. The International Covenant on Civil and Political Rights (Article 15 (2)) stipulates “No one shall be arbitrarily deprived of his Nationality nor denied the Right to change his Nationality.” Indeed we are Barotzish and ready to defend our country. All the people who fall within the Northern, Southern, Eastern and Western regions of Barotseland should be ready to give full support and loyalty to our civil government than to align with the government of the occupying force. I have always pitied several Barotzish that have and still think they can make it in Zambian politics. We are aliens in Zambia, it is better to give full support to your country where you are counted. What if Zambia decides to attack Barotseland in the event of Barotseland civil government take-off? Serious violations of the law of armed conflict are considered war crimes against humanity that can be prosecuted in national courts or in international tribunals/courts such as the ad hoc tribunals established to investigate violations of the law in the former Yugoslavia and Rwanda and the International Criminal Court. Zambia will be responsible for all acts committed by its armed forces and face consequences. State signatory to the Geneva Conventions undertake to respect and to ensure respect for the Conventions in all circumstances. A party to the conflict violating the provisions of the law of armed conflict will, if the case demands, be liable to pay compensation. Any military force by Zambia in Barotseland will be in violation of international laws and such nature of action will call for international intervention by recognized pacific methods. Again we cannot forget the fact that Barotseland is unarmed and the international community is watching. I still believe that Freedom of Barotseland can be attained without bloodshed, to the credit of Zambia. Conclusion We have the right to manage the affairs of our country and everyone should get ready to welcome our government taking over administration of Royal Barotseland soon, and others may ask when? The answer is soon. My concern is not when the Barotseland civil government will start running the affairs of government but my greatest concern is for peoples readiness to work for the prosperity of their country. Barotseland has been peaceful throughout in trying to find the lasting solution to the Barotseland independence quest. A word of encouragement to all would be citizens of Barotseland is that Zambia has no legal right to either declare war or use of armed force as this will call for international intervention because international law prohibits the use of military force. It must be realized that nothing will restrain Barotseland from legislating for her own country and is worth to remember that everything will be OK in the end. Therefore, if its not OK, then its not the end. Tukongote Litunga ni lyetu. By Saleya Kwalombota. - See more at: barotsepost/index.php/en/frontnews/local-news/869-nothing-will-restrain-the-people-of-barotseland-from-legislating-for-their-country-saleya-kwalombota#sthash.BUt7fxoi.dpuf
Posted on: Tue, 19 Aug 2014 22:50:23 +0000
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