Wednesday, December 29, 2010

Harrington writes Kunda over Barotse Agreement

Harrington writes Kunda over Barotse Agreement
By Edwin Mbulo
Wed 29 Dec. 2010, 04:01 CAT

WILLIAM Harrington has appealed to Vice-President George Kunda’s conscience to seriously reflect on terms and provisions of the Barotseland Agreement 1964 for inclusion in the Constitution.

In an open letter to the Vice-President Kunda made available to The Post, William Harrington, who is a former MMD Senanga parliamentarian, stated that he was writing ahead of the preparation to present the Constitutional Bill to Parliament early next year.

“I have deemed it necessary and expedient to appeal to your conscience and good judgement to seriously reflect on terms and provisions of the Barotseland Agreement 1964 for inclusion in the Constitution,” he stated.

He noted that the Barotseland Agreement at page 5 Section 2 stated inter alia that: “The Constitution of the Republic of Zambia shall include the provisions agreed upon for inclusion therein at the Constitutional Conference held in London in May 1964 ….”

Harrington noted that the signatories to the agreement were Dr Kenneth D. Kaunda as then Prime Minister of Northern Rhodesia, Sir Mwanawina Lewanika III then Litunga of Barotseland, and Duncan Sandys representing the British government.

“You may wish to know that in a written submission to the Mung’omba Constitution Review Commission (CRC) on which I served as Commissioner, the author stated that the Constitution of Zambia, in declaring Zambia as a Unitary State, should simultaneously provide for observance of the treaty that brought about this Unitary State,” he stated.

“To be more specific, it recommended that the Article of the Constitution that defines the Republic of Zambia should make reference to the Barotseland Agreement 1964 as basis upon which Barotseland is incorporated into the Republic Zambia,” Harrington stated.

He further noted that it was an open secret that successive governments since 1964 had ignored, neglected or refused to honour the terms of the Agreement.

“You are no doubt aware of the agitation and recent disturbances that occurred in the western part of the country over the Barotseland Agreement. The current climate is no doubt an unfortunate culmination of this historical past spanning a period of 46 years since Zambia gained its’ independence in 1964, the year when the agreement was signed.”

“The Mung’omba Constitution Review Commission (CRC) and indeed the recently-ended National Constitution Conference (NCC) remained silent over the issue. It is encouraging to note that recently, chief government spokesperson Ronnie Shikapwasha declared that agitators for the restoration of the Agreement should avoid negative actions because government was open to dialogue.

Notwithstanding that assurance, the next sitting of Parliament provides a timely opportunity to produce a Constitution that will stand the test of time,” Harrington stated.

He added that whether anyone liked it or not, the Barotseland Agreement 1964 was a living treaty which deserved and demanded to be looked at critically and objectively, and not as a seditious document.

“You as Leader of the House as well as our elected representatives should seize the timely opportunity to include the provisions of the Agreement that in effect gave birth to the Republic of Zambia. If on the other hand, government is unable or unwilling to recognise the Barotseland Agreement 1964 then it should explain the reasons to the people,” he stated.

He hoped that his submission would be taken as friendly, respectful, constructive and timely advice.

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