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
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.
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.
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.
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..
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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
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
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.
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).
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.
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.
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.
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.
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.
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
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.