ABSTRACT: Motion, introduced by MPs of the European Federalist Group and Green Group, criticizing UN Security Council resolution n. 836 which "de facto recognizes and tends to enforce also de jure the ethnic dismemberment of this Republic [Croatia, ed.] at the hands of Serbia and also of Croatia, according to criteria of "ethnic cleansing", ie, "racist and violent" ones. The Italian government is required to urge the UN to take measures against the Serbian and Montenegrin citizens and to break off diplomatic relations between Italy and the "Federal Republic of Yugoslavia" (Serbia and Montenegro)".

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MOTION

The Chamber

- whereas the "Federal Republic of Yugoslavia (Serbia and Montenegro)" is responsible for serious international crimes such as the aggression of Bosnia, the genocide of the Muslim populations and the systematic and massive violation in times of war of human rights; whereas it appears evident that the behaviour of the Serbian paramilitary unites in Croatia and Bosnia is to be ascribed to the "Federal Republic of Yugoslavia (Serbia and Montenegro)";

- whereas the agreement on Bosnia-Hercegovina reached in Washington on May 22nd 1993 and to some extent endorsed by the Security Council with Resolution 836, recognizes de facto and tends to enforce also de jure the ethnic dismemberment of this Republic at the hands of Serbia and also of Croatia according to criteria of "ethnic cleansing", and thus racist and violent ones;

- whereas such agreement has once again lead to an escalation of military actions, namely of the Serbian forces, with the expulsion of the Muslim populations from the territories which these inhabit;

- whereas the regime of Belgrade continues, also from within, its repression of civil rights and of any form of political opposition; whereas the leader of the Serbian party of renewal, Vuk Draskovic, was arrested and brutally beaten;

- whereas Serbia's forms of repression against the Albanian citizens of Kosovo are increasing; whereas the disappearance of the Federal Socialist Republic of Yugoslavia calls for the re-definition of the guaranties of self-determination of Kosovo and Vojvodina;

- whereas UN Security Council Resolution 713 of 25 September 1991 reads that "the territorial transformations obtained in Yugoslavia through violence cannot be accepted" (n. 8 of the preamble);

- whereas a process of aggregation of the Serbs of Croatia and Bosnia and in the future into a "Greater Serbia" is under way;

- whereas Resolution 757 of 30 May 1992 has called upon member States to reduce the staff of their diplomatic and consular missions in the "Federal Republic of Yugoslavia" (Serbia and Montenegro), and that these Member States have the faculty of abolishing as well as reducing them;

- whereas Resolution n. 777 of 19 September 1992 has declared that "the state previously known as Federal Socialist Republic of Yugoslavia has ceased to exist", and has rejected the request of the "federal republic of Yugoslavia (Serbia and Montenegro)" of automatically acquiring the status of member state of the United Nations;

- whereas opinions 1 and 2 of the Badinter Committee of the Peace Conference on Yugoslavia read that the principles of the international public law consider the existence and disappearance of a state as an acquired fact, and that the new "Federal Republic of Yugoslavia (Serbia and Montenegro)" should be considered a "new State";

- whereas the same opinion 10 of the Badinter Committee, after declaring that the recognition, while declarative, is a discretionary act which third states may adopt provided the state subjected to this recognition abides by the inalienable principles of banning the use of force and respecting the fundamental rights of man and of the minorities;

- whereas the de facto recognition and the continuation of the diplomatic relations between Italy and the "Federal republic of Yugoslavia (Serbia and Montenegro)" would be the equivalent, according to the doctrine and tradition of the international law, of a full-fledged recognition;

- whereas our government continues to keep open a diplomatic mission in Belgrade and accepts that representatives of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" continue to occupy the premises of the embassy of the former republic of Yugoslavia;

- whereas our government grants jurisdictional immunity on conditions of mutuality to the diplomatic agents of that state; that among these and our government there are communications that can be considered the equivalent of diplomatic relations; that the staff of the diplomatic delegation of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" in Rome has recently asked, on behalf of the latter, for the extradition of a Slovene citizen arrested in Italy for arms trafficking, under the Italian-Yugoslav bilateral treaty of extradition;

- whereas the United Nations Security Council, in setting up the tribunal for ex-Yugoslavia under chapter VII of the Charter, has indicated that the serious violations of humanitarian law committed in the former Yugoslavia represent a threat to security and peace;

- whereas, therefore, the conditions for the recognition of the new state "Federal Republic of Yugoslavia (Serbia and Montenegro)" established in opinion n.10 of the Bandinter Committee, are in no way fulfilled by that State;

- whereas the interruption of diplomatic relations is one of the measures provided for by article 41 of the Charter of the United Nations, and that it may represent a legitimate countermeasure for the unlawful behaviours of a State;

- whereas traditionally military actions, without the support of the non-violent ones of information, spread of the truth and reality with the peoples and individuals represented, could be overridden or hindered or even be counter-productive in the short and medium term;

binds the government

1. to urge the UN to issue and ensure the circulation of a statement addressed to the Serbian population and all citizens of the "Federal Republic of Yugoslavia (Serbia and Montenegro) in order to inform them of the fact that the international community is upholding their rights and their future from years of internal and international violence, criminal plans and actions, as well as from the consequences and international sanctions that could materially burden their future;

2. to act upon all member states in this direction as well as on the European Union and on the CSCE, the organizations recognized by the UN and the NGOs;

3. to operate, inasmuch as it is directly concerned, according to these guidelines and objectives;

4. to refrain from endorsing the Washington agreement in any forum and in any way - even if by omission, and to formally request the modification of Resolution n. 836;

5. to urge the UN Security Council to give wider powers to the UN forces and prepare an adequate strengthening of their presence with the purpose of enforcing the withdrawal of the Serbian and Croatian paramilitary units operation in Bosnia, to disarm all irregular bands and to prevent the inflow of weapons and aid to those forces;

6. to urge the UN Security Council to adopt a resolution, on the model of the one decided for Iraqi Kurdistan, aiming to prevent the carrying out of military operations on Kosovo and submit this region to a special administrative and military protectorate of the United Nations;

7. to urgently start consultations in the framework of the European Political Cooperation, starting from the European Council of Copenhagen on June 21 and 22, so that the Twelve may decide to toughen the political sanctions against the Republic of Yugoslavia (Serbia and Montenegro) by breaking off diplomatic relations;

8. to discontinue, in any case, diplomatic relations between Italy and the "Federal Republic of Yugoslavia (Serbia and Montenegro)".

Marco Pannella

Emma Bonino

Roberto Cicciomessere

Marco Taradash

Elio Vito

Pio Rapagnŕ

Salvatore Stornello

Claudio Martelli

Marco Boato

Francesco Giuliari

Lino De Benetti

Maurizio Pieroni

Alfonso Pecoraro Scanio