DURA LEX SED LEX VS
THE KINGDOM LUNDA TCHOKWE
The
question of the Kingdom Lunda Tchokwe, it's annexation to the Republic of Angola is pratical usurpation since november
1975, following the foundammentation of the
general public and international right
– Juridical succession of state which was formed through the descolonization
process with a part of the separate territory for the international
protectorate treaties.
PORTUGAL is the predecessor state
ANGOLA is the successor state
KINGDOM
LUNDA TCHOKWE is the
international ptotectorate of Portugal
Occupied
improperly by the current Political system of the Republic of Angola, after
Protector's retreat, the government of PORTUGAL, it was not possible during discolonization
of Angola in circumstances wich didn't
allow the parts (Lunda-Portugal), to negotiate the protection terms.
The
history of the Kingdom Lunda Tchokwe, although intentionally unknown, it is
potentially one of the most important themes of the whole Central Africa pré-colonial Headquarters.
As
it is known in any part of the world, the borders are unalterable, they are
geographical limits of sovereignty of each independent state, it is not the
administrative division of the state, the resolution of a juridical subject,
should not be political, but should be juridical as in it's beginning, that is what
we are demanding without any excuse, Lunda Tchokwe's question since 1885-1975, up to today is a juridical question and it should be
treted like that, and has enough reason, because our action is not violent, not
vandalism or of destruction war.
The
Government of Angola, is not ignorante of the international laws and their laws
that themself is part, but, for moral
obligation of the history, they should respect the legitime natural right and
transcendental of the people Lunda Tchokwe, their dignity as subject of
international law and to cooperate for the replacement of the real justice.
It
is known to you juridical techncally that a state or nation, is identified and
composed by three basic elements: TERRITORY,
AUTOCHTHONOUS PEOPLE, identified through their mother dominant language, innate race, custumes,
habits, innate culture, dance style and the life of POLITICAL ORGANIZATION, social actions that they have in the
sociological juridical concept of: CULTURAL
IDENTITY OR DIGNIFICATIVE WAY.
The
material right of Kingdom Lunda Tchokwe, is
constituted natural right and globally recognized by the potencies that
were in the Conference of Berlin 1884 – 1885, when they divided Africa, the
government of the United States of America was also present, and, it is for
that why the agreements celebrated on Lunda, are called INTERNATIONAL
PROTECTORATES, that constitute the recognition of the State Lunda Tchokwe, that
the international law demands.
THE RELEVANT HISTORICAL FACTS
1.st
In
the year of 1482, PORTUGAL, created on Atlantic coast Império Lunda's, on the
principle of "RÊS NULLIUS" or that, thing without owner, a
territorial empty space NDONGO which denominated as ANGOLA, the foreign
province (see map of 1889 enclosed), composed to north area São Salvador,
Carmona, Malange and, the south composed by São Filipe, Pereira Deça,
Moçâmedes, Sá da Bandeira and the Novo Redondo and, to the plateau center
composed by Nova Lisboa and Silva Porto.
2.nd
Portugal
after having colonized foreign province of Angola, in the year 1482 up to 1884,about
402 years, becomes aware of the existence of the lands of Império Lunda's
Muatiânvua, located after Malange, their general representative of the province
of Angola, with help of the information of the years 1843 of the Portuguese
Joaquim da Graça who already lived in the Independent State of Congo, created
by LEOPOLDO II of BELGIUM, this one communicated his government in EUROPE, created
the Portuguese ambition for the adventures of exploration of the heart of
Africa with interest merely Commercial, according to the documents of the
Portuguese Scientific Expedition to Mussumba
of Muatiânvua 1884 -1888.
3.rd
With the
received information, the Portuguese government in coordination with their
general representative in the foreign province of Angola, decides to form a
scientific and commercial expedition to MUSSUMBA in the lands of Muatiânvua in
May of 1884, the expedition was financed by the Society of Geography of Lisbon
and A Major of the army was chosen, horseman of our lady's of Conceição of
Viçosa Villa military orders and of S.Bento of Aviz, HENRIQUE AUGUSTO DIAS DE
CARVALHO and, in June of the same year he formed the cortege composed of
geographers, missionaries and some native African guides of Malange and the Ambaca
with the end of driving the way to the lands of the KINGDOM LUNDA TCHOKWE.
4.th
Between
November 15th, 1884 to February 26th, 1885, under proposal of Portugal, some EUROPEAN
countries, Potencies of that time including the USA, organized the conference
of Berlin for the sharing of Africa, where Portugal presented the map of 1877,
this map had Cabinda, Angola, S,tome, Cabo Verde and Moçambique, without the
Kingdom Lunda Tchokwe, according to the constitution of Portugal of the year
1826..
5.th
On
11th days of October 1884 - the cortege
of Mr Henrique Augusto Dias de Carvalho, left Malange for the territory of
Lunda, one month before the beginning of the conference of Berlin. They went to
SOBA AMBANGO 12 Km to the east of Malange, this one was the representative of
the people Ndongo (Kimbundo), he integrated in the Portuguese cortege his
brother agent AUGUST JAYME, so that the
futures contractual acts between PORTUGAL and LUNDA were witnessed. The people
Ndongo gave their King's name Ngola to the current name of Angola.
6.th
During
the work of the different commissions, the situation of Kingdom Lunda's
territory was not part of the works of the Conference of Berlin 1884-1885,
because the territory was not known in Europe the result of the works of the
Portuguese exploiters' cortege in the heart of Africa. The question of the
kingdom Lunda was out of any share operated in the conference on Africa (read
the political evolution of Africa and Lunda 1884 – 1891) of Mr. Henrique
Augusto Dias de Carvalho; memories of Lunda and the book of the notes of the
expedition to Muantiânvua.
7.th
On
the 18th day and 23rd day of February, 1885, the Portuguese expedition to Mussumba
of Muatiânvua, created a station denominated civilizadora with the name of
Costa e Silva in the area of Cuango, Henrique Augusto Dias de Carvalho
celebrated with Lunda MWENE'S potentate SAMBA CAPENDA, MWENE MAHANGO, MWENE
BUIZO (Muana Cafunfo), the treaty of Protectorate nr. 2, Chief Ambango's
representative, Mr Augusto Jayme signed, being the part of the treaty,
testifying his belonging to the people of Lunda Tchokwe.
8.th
On
31st day of October of the same year, in
another station denominated civilizadora Luciano Cordeiro, in the area of
CAUNGULA in the same area of Cuango, Henrique Augusto Dias de Carvalho,
celebrated with the potentate MWENE CAUNGULA OF MUATIÂNVUA XÁ-MUTEBA and other families
the treaty of Protectorate nr. 3, Augusto Jayme also signed the treaty,
testifying his belonging to the people Lunda Tchokwe.
9.th
On
2nd day September , 1886, in the margin of the river Katchimo - LUATCHIMO,
Henrique Augusto Dias de Carvalho, celebrated with His Majesty King Tchokwe
MUATCHISSENGUE WATEMBO, and other Muananganas and families: Xá-Cazanga,
Quicotongo, Muana Muene, Quinvunguila, Camba Andua, Canzaca, Quibongue, the
treaty of Protectorate nr. 5, Augusto Jayme also signed the treaty, testifying
again belonging to the people Lunda Tchokwe.
10.th
In
December 1st of the same year 1886, in the area of Lucusse, in MOXICO Province east of LUNDA the neighbor of Republic of
Zambia, Henrique Augusto Dias de Carvalho, celebrated with the potentate
AMBINJI INFANA SUANA CALENGA, Muatiânvua honorable, the treaty of Protectorate
nr. 7, with his sister's presence Camina, Calamba, Cacunco uncle of Ambinje,
Andundo, Xá Nhanve, Cassombo, Xá Muana, Chiaca, Angueji, Ambumba Bala, Mulaje,
Quissamba, Xanda, Augusto Jayme also signed the treaty, testifying his belonging
to the people Lunda Tchokwe, the delegation of the Portuguese expedition.
11.th
On
January 18th, 1887, in main MUSSUMBA of Emperor's Muatiânvua MUCANZA XVII Cut
in the right margin of CALANHI between this river and CAJIDIXI in the lat. S of
the equator 8th 21' long. And of Green 223rd 11' and in the altitude of 1.009
meters, Henrique Augusto Dias de Carvalho, celebrated the last treaty of
Protectorate nr.8, in the presence of Suana Mulopo Umbala, Lucuoquexe Palanga,
Muaria Camina, Suana Murunda, Muene Dinhinga, Canapumba Andunda, Calala
Catembo, Muitia, Muene Panda, Cabatalata, Paulo, Adolpho, Paulino de Loanda, António
Martins, Domingos Simão de Ambaca, and they signed António da Rocha, José
Rodrigues da Cruz, António Bezerra de Lisboa, Agostinho Alexandre Bezerra, João
Pedro da Silva, Henrique Augusto Dias de Carvalho the Chief of the Portuguese
Expedition to Muatiânvua, and last José Faustino Samuel who was the secretary
of the act of the signing of this treaty.
12.th
The
Treaties nr. 2, 3, 5 and 7, all their authors, potentates
"MUANANGANAS" of the Kingdom Lunda Tchokwe, celebrated on behalf of
MUATIÂNVUA. As the Empire was a very big territory, the domains were very
distant of the imperial Capital, Henrique Augusto Dias de Carvalho, departure to
the capital Mussumba, had to being consented by the subordinates of Muatiânvua,
and it was done like that.
13.th
PORTUGAL
presents in 1886 a project denominated PINK MAP, one year after the conference
of Berlin 1884-1885, that it consisted to joint ANGOLA and MOZAMBIQUE so that
their would be communication between the two colonies, facilitating trade and
the transport of goods. But this document, in spite of all agreeng with the
project, ENGLAND, supposedly an old ally of Portugal, surprised with the denial
face to the project and he made an ultimatum, known as BRITISH ULTIMATUM OF
1890, threatening war if Portugal didn't put an end to the project. Portugal,
with fear of crisis, didn't make war with England and the whole project left down,
excluding in this project the areas of MOXICO and CUANDO CUBANGO.
14.th
In August 12th
of the year 1890, by telegram sent from LONDON by the Minister of Portugal in
that Country, BORJONA DE FREITAS, was known in Lisbon that "INDÉPENDANCE
BELGE", Newspaper belonging to the
service of the Independent State of Congo, said that:
-
" The Treaty of February 14th, 1885 in BERLIN, indicated the course of the
river Cuango as respective border between Portugal and the Independent State of
Congo, that Muatiânvua made the 12th administrative district of the Independent
State of Congo, makeng the administrative districts of Kassai and Lualaba".
Mr. LEOPOLDO II, his greed intencions to usurping the right of Portugal in the
lands of Muatiânvua, wanting to be with the other part of Lunda, constituted in
Portuguese Protectorate, from Cuango to Mussumba with the name of Oriental
Cuango, wich gave the origin the so called "LUNDA QUESTION
1890-1894."
15.th
Portugal and
Belgium, had conflict again and the "BELGIAN ULTIMATUM" appeared, but
diplomacy played a preponderant paper with the appearance of the LITIGIOUS OF
LUNDA TCHOKWE TERRITORY OR CONFERENCE OF LISBON OF MAY 25TH, 1891, to solve the
question by peaceful means, the referred treaty was ratified on MARCH 24th,
1894 and changed in August 1st of the same year in Paris, under International
mediation of France, with the observation of Germany, England and Vatican.
a) In
the conference of Lisbon on LUNDA, they defined the delimitations of borders in
the area of Lunda in agreement with the article 1st of the treaty of the
referred event and the record of limits in Lunda of June 26th, 1893, signed by
Jayme Lobo de Brito Godins (General Governor of Angola in 1893) and George
Grenfell of Belgium.
b) Portugal,
lost the area of Mussumba for the Free State
of Congo, current Katanga and Lunda Tchokwe between Kassai and the river Lui
stayed free and protected, as referred the record of limits in the land.
16.th
In
1927, began a third conflict between Portugal and Belgium, because of the
baundary in the region of dilolo Moxico, north of side cazombo, during the
negotiatoes portugal again lost the dilolo area to Belgium, this part went to
katanga.
In
1951 began in congo- Belgium, ex- independent state, a moviment formed by Lunda
Tchokwe citizens, named ATCAR- Association of Tchokwes in congo, Angola and
Rodesia,which had the objective of negociating with portugal to abolish the
protectorate and build the Lunda Tchokwe nation, its rights and selfdetermination
as a subject of international rights.
a)
In
1904, 1905 and 1916, revolts of Lunda against the portuguese in Moxico carried
out by Mbundas and Tchokwes.
b)
Lunguena
and Luxico battles carried out by QUELENDENDE against the portuguese invaders.
18.th
In 1956, were
formed intenally and in foreign countries various movements to fight the
occupation of portuguese, they are: UPA which late became FNLA, the MPLA in
1961 and UNITA in 1966: these movements had no free territory space,which could
allow them to carry out war against the portuguese, they joined ATCAR between
1960 - 1968, agreed to make common war, after winning each could remain with
his own part of the territory, which did
not happen up today.
19.th
The
war of the liberation movements against the portuguese went as long as 14 years
with participetion of 66% of innocent sons and daughters of Lunda Tchokwe, on
the day 15th of January of 1975, during the cessetion political power of portugal in Angola,they signed with three
movements the agreement of Alvor,in its article 3rd Cabinda is integrant part
of Angola but they did not mention Lunda Tchokwe..
a)
Lunda
is International protectorate since 1885,and keeps its old juridical situation
before 1975,she was not integrated,moreover the agreements were not
abolished,the protectorate is continous,the reason of our fight reinvindication
DURA LEX,SED LEX.
b) The MPLA Government,occupied the political power in
Angola in 1975,since they know that Lunda is not Angola,divided the territory
in two parts without consultating the population of these territories,on decree
nr 84/78 of July 4th,in North and South Lunda.
c) The same regime,to lie the people
aproved an executive decree nr30/2000 of 28th of April to give 10% of the
results of selling of Diamonds and other benefits to develop the 4 provinces
which are:Kwando Kubango,Moxico, North and South Lundas
20th
With
all the facts here produced,taking in consideration the facts of history
present of State and the natural rights of the Lunda Tchokwe Nation,integrated
positive right,we produced the ``Moviment of the Protectorate Lunda Tchokwe´´and
we gave it to the Palace of high city to the President JOSE EDUARDO DOS
SANTOS,on August 3rd,2007,to the other Political parties,Cival society,to the
Embassies in Lunda Angola,taking 11
years here for coming to our pacific struggle against occupation that the world
know to day.
a)-
Due to the existence of friendly relation and brotherhood between Lunda People
and Angolans,we are limited only clamming the Status of Administrative,Economy
and Juridical Autonomy as in MADEIRA,AÇORES in Portugal, Scotland in UK.
b)-
Our actions since 2006 up today are pacific no violence,but the Government of
Angola acuse us of crimes against the State security.
c)-
The Government of Angola is praticing
genecide silencely against Lunda Tchokwe people, They roup our
wealth,assassinations,prisons selective killing with proffs in your hands and
publications of informations by the international institutions and organisms of
the defence of human rights.
FROM THE FACTUALLY
ALL IS SEEN
a)
The Protectorate of Lunda Tchokwe is not a
composed State ,but is an unitary State
under the Authority of another State (Portugal) due to the fact that the
Protected State at that time was weak,that had no infrastractures to form it’s
own Government. Second line a) and b)
of the article 73rd of the charter of the UN and the maps of 1877 and 1889
elaborated by the Government of Angola in September 2007
and by Mr.George Cawston of the English Nationality.
b)
Under
International principale of ``PACTA SCRIPTA SUNT
SERVANDA´´ the
representatives of Ndongo People or Kimbundo Nation ,the maritime province of
Portugal of years 1885 -1887/1975,signed the Protectorate agreements served as
testemony that the Portuguese and the Belgium made the Lunda Tchokwe as the
Protectorate under the principale of a RES UQIQUNQUE,SUIDOMNT
EST´´ or that anything where it´s,has got it´s owner, Chief AMBANGO could
not serve as testemony or witness if Lunda
was intregrant part of Angola, through Representatives JAYME AUGUSTO (see
the agreements of Protectorate nr 2,3,4, and 5 all from 1885- 1897).
c)
Independant
Angola is not part of the Protectorate agreement of Lunda Tchokwe.
Therefore,has no right or 0bligations on
them, Part one(1) of article 1st and 15th,16th and nr three (3) of the
article17th and the article 31st to 34th and the number 3 of the article 37th
all of the Vienne convention of 1978 on succession of the newly in independant
States on agreement materials.
The
Angolan Presence on the Lunda Tchokwe Administration is a violation and is
called colonization.
d)
The
agreement do not produce rights or
obligations to the third institutions and is an integrents
part.,because signed and acknowledge all the International agreements under the
laws of the UN,article 13th line 1 and 2,and article 26th line 2 of the
constitution law of Angola. But Angola violate these International justice
instruments under silent watching of the
International Community.
e)
All the
people have the right to be free and live freely,article 1st,2nd,3rd,4th, and
10th of the universal Declaration of human rights and the article 20th of
African charter of human right and of the people, article 1st of the UN charter
of 1945, because one of objectives of the UN is the developing friendly
relations between nations, based on the principle of equality,respect of rights
of self-determination of all people, and inforcing other forms to strengthen
peace and universal estability,the UN
resolution 26 25 -1970.
f)
The
Vienne Declaration and action programme adopted for the world conference on the human right-1973. The Conference
acknowledged the right of each people to take a legitimate action,according
to the UN Charter, to make the inalienable right of
self Determination.
g)
The
Lunda Tchokwe Protectorate is International because the five agreements have
the same objective and they are written in one of the UN languages,in this case
the agreements are translated in French,exately the agreement of May 25th, 1891,rectified
on March 24th,1894 and changed the signed document on the 1st of August of the
same year in Paris.
1) The structure of the 5 agreements are
in conformity with the requierement of the International public rights and
general:
2) They are composed of introduction and
the bases agreements that establish the right and the recipricle understanding
between the States of Portugal and Lunda Tchokwe,State of Belgium:
3) Apart from that,they are signed by the
representative Ndongo Nation or Kimbundu, Augusto Jayme of the foreign province
of Portugal,the agreement were translated in language kimbundu in 1892,article
38 of the statute of International
tribunal of justice:
4) The agreement of March 24th,1894 was
translated in French Language and is in confomity with article 39 of the refered Statute:
5) The refered agreement were witnessed
by more than two world powers presente at the Berlin Conference 1884-1885, apart
from Portugal and Belgium conflicting countries,also were present
France,Germany,England and the Vatican at the event.
h)
The
Republic of Angola (article 12th of the constitution law) respect and apply to
the principles of the charter of the UN and the charter of the African Union
and establish friendly relations and cooperate with all states and People on
the bases of the following principles:
c)Peoples rights to self determination and Independence;
d)Pacific solution of conflicts;
e)Respect of human rights.
If the Government of Angola says that it respects
the principles of the charter of UN and of the African Union, why do they
colonises us?..
Why do they not accepts to negotiate with us about our self-determination?..
Why do they
arrest us and pursue us with threats of
deaths and arbitrate prisons, when we have natural and legitimate right?..
Why
does Angola not give back our territory
with 2.nd Kimberlito of the World and export about 90% of all the
diamonds that the Government of Luanda sells to the Foreigners?
In
annexe you will find the witnessing document
Moral actors of the Lunda Tchokwe Protectorate
1) PORTUGAL
2) BELGIUM
3) FRANCE
4) GERMANY
5) ENGLAND
6) VATICAN
RELEVANT
HAPPENINGS ON LUNDA
TCHOKWE
1885-
1894 protectorate agreement Portugal
–Lunda Tchokwe
1885-
Berlin convention of 14th 0f February
1890- Conflict Portugal –Belgium
1891- Lisbon convention on the question of Lunda
1893- Rectification of the Lunda boder acts-
1894- Exchange of signatures on the agrement of Lunda borders in Paris.
1895- The first Independent Government of Lunda
1951- The
formation of ATCAR - Association of
Tchokwes of Congo, Angola and Rhodesia, objective to renegotiate the terms of
the protection treaties with Portugal, it didn't happen to today and the
self-determination Government's formation
1955- The laws nr 8904 of February 19th, 0n Lunda
1975-
The Alvor agreement in Portugal did not
decide any definition of the juridical situation of Lunda,(see the artjcle 3rd
of Arvor agreement).
1975- Angolan Independence
2006- The formation of the Lunda Tchokwe Movement.
Article
7th of the resolution 15,14(xv) of December 14th,1960,of the UN according to International facultative
protocol on the cival and political rights which began on March 23rd of 1976.
