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[ cerca in archivio ] ARCHIVIO STORICO RADICALE
Archivio Partito radicale
Partito radicale - 25 aprile 1994
Transnational - Satyagraha - 25 april 1994 - no. 0
Agency of the Radical Party

Just a few lines to present "Transnational - Satyagraha - Agency of the Radical Party."

Satyagraha means nonviolence, establishing a dialogue to uphold truth, reason and the law.

This Agency is a rapid and flexible instrument for communicating with all our members and supporters, a working instrume

nt that will provide information regarding the aims established by the motion - binding for the party organs in the purs

uit of their activities - discussed and approved by the General Council when it met in Sofia (Bulgaria) in July 1993.

Transnational will be translated and published in the majority of the offices listed here, thanks to the contribution t

hat will be made by many activists and also to the vital support offered by the Agorŕ telecommunications service. More

than 6,000 people will receive Transnational, which will be translated into 9 languages and destined for 32 countries.

Just a few pages, that we will try and send out twice a month.

This Agency will act as a support to the Radical Party campaigns in the area of international law which, if it is not pu

t into effect in the form of standards, regulations and laws, and not embodied in institutions, is non-existent, ineffec

tive and remains a dead letter.

Transnational will keep you informed about the various campaigns on which we are working, and on all the midterm objecti

ves, in a timely and precise manner.

We have just shared in a victory with the UN, won on the strength of nonviolent dialogue, which after many months of dil

igent work with the Fifth Committee - which we will report on briefly later - has resulted in the institution of the int

ernational Tribunal to prosecute war crimes in the Former Yugoslavia, the first international institution with supranati

onal jurisdiction which will ensure that atrocious war crimes do not go unpunished; that they do not occur in the futur

e.

Another extremely ambitious campaign, which sees us doing our utmost to have a permanent International Tribunal set up a

nd to have a moratorium imposed on all executions as a function of abolishing the death penalty worldwide by 2000, certa

inly needs an instrument such as Transnational to communicate and provide information.

The success of Transnational depends on everyone, as does the Radical Party's ability to affirm the necessity for laws a

nd regulations to combat violent acts of war and to stop the genocide now being perpetrated.

We hope that after this first issue we will be able to send you Transnational every fortnight, and that this instrument

will be useful to you, wherever you are, in upholding and realizing the aims that unite us in the transnational, transdi

visional Radical Party.

Do a good job!

THE INTERNATIONAL TRIBUNAL FOR WAR CRIMES COMMITTED IN THE FORMER YUGOSLAVIA FINALLY BECOMES OPERATIVE

In January 1993 the Radical Party urged the Italian Government to form a Committee that would draw up and present to the

UN a draft statute for an ad hoc Tribunal to prosecute war crimes in the Former Yugoslavia.

On 22 February 1993 the UN Security Council approved Resolution 808 with which the ad hoc Tribunal was instituted; and i

ssued a mandate to Secretary General, Boutros Boutros-Ghali, to present a proposal as to how the Tribunal should actuall

y be set up.

In April of that same year the Radical Party presented a petition requesting that the Security Council speed up the form

al institution of the ad hoc Tribunal.

On 25 May 1993 the Security Council approved the Secretary General's suggestions for setting up the tribunal with Resolu

tion 827; the statute excluded the application of the death penalty in any case.

In September '93 the UN General Assembly met; the election of the judges and the Public Prosecutor of the ad hoc Tribuna

l was on the agenda, but there was a risk that bureaucratic and diplomatic red tape would prevent decisions being reache

d. The Radical Party then organizeda second petition, requesting that the Tribunal become operative before December '93

.

On 17 September the UN elected the eleven judges. The Public Prosecutor was appointed at the end of last October.

On 2 November 1993 Emma Bonino, Secretary of the Radical Party, led the delegation that presented the second petition to

Boutros-Ghali in New York.

On 17 November last the Tribunal was solemnly inaugurated in The Hague. The Italian judge Antonio Cassese was appointed

as presiding Judge.

However, the Tribunal is still a long way from becoming fully-operational: it is necessary to have the budget approved

by the Fifth Committee of the General Assembly, but it is still being opposed by a number of member States. On 12 March

Olivier Dupuis, President of the General Council of the Radical Party, began a hunger strike to bring pressure to bear

on the members of the Committee, which was to last for 28 days! Hundreds of people joined him in his act of satyagraha:

citizens from 21 countries, including 20 parliamentarians. Thousands of people participated in this nonviolent action

by sending faxes and telegrams to New York and endorsing the request asking the Fifth Committe to give their timely app

roval to the Tribunal's budget, allotting a specific part of the overall UN budget to this item.After months of hard wor

k, the campaign was crowned with success. For the first time the world has an institution with supranational jurisdicti

on: war criminals can rest assured that they will be given a fair trial. In this way, the Law proves that it is strong

er than violence.

The definitive setting up of the ad hoc Tribunal for war crimes in the Former Yugoslavia is the first step towards the i

nstitution of a permanent International Tribunal for crimes against humanity. This was one of the reasons why thousands

of citizens participated in the Easter March held in Rome on April 3. The March was promoted by the Radical Party, the

Mayors of Sarajevo and Rome, Caritas and "Hands Off Cain", the campaign to abolish the death penalty worldwide by 2000;

and was led by the Mayor of the Bosnian capital, followed by gonfaloniers carrying the banners of dozens and dozens of

cities that formed the "There's no Peace without Justice" Committee.

The Easter March both launched and strengthened the campaign for the institution of the permanent International Court, a

nd the one for the moratorium on all executions as a function of the complete abolition of the death penalty worldwide

before the end of this century - just a few years away now.

The success of these campaigns is in everyone's hands, as are the civil and parliamentary initiatives outlined in the mo

tions that follow.

In a letter received a few days ago by Emma Bonino, Secretary of the Radical Party, Ambassador Paolo Fulci, Italy's perm

anent representative at the UN, wrote: "...The Chairman of the Fifth Committee of the General Assembly spoke to me the

other day of the incredible number of faxes that had been received..."

DEATH PENALTY: THE MOTIONS

Here are the texts of two work instruments: two motions that parliamentarians can present and have approved to bring pr

essure to bear on the UN. Work instruments that any MP can put on the agenda, or have included on same, not only in par

liament but also at Town Councils, and Regional and Provincial Councils in order that they might be approved as motions

and represent formal political decisions at the level of local government.

Send us news of your initiative by writing to one of the Party offices listed on the front page.

PARLIAMENTARY MOTION FOR THE MORATORIUM ON EXECUTIONS ADDRESSED TO THE UN GENERAL ASSEMBLY

The.........Parliament/Chamber of Deputies

given that

- the death penalty is still provided for in the legal systems of 132 out of 181 countries in the international communit

y (for ordinary crimes in 116 countries and exceptional crimes in 16), including a number of democracies;

- numerous countries, including democratic ones, apply the death penalty in circumstances that are excluded by internati

onal human rights agreements (in the case of minors and the mentally-handicapped);

- in certain countries and situations the death penalty is inflicted without any legal guarantees or a fair trial, espec

ially in the case of "coups d'état" and civil wars; - the world community is threated by the most basic international h

umanitarian laws being violated by war crimes, territorial aggression, terrorism, genocide and crimes against humanity;

- these violations are extremely serious in the territory of the Former Yugoslavia, where the massacre of civilians, sys

tematic rape of women and ethnic cleansing are an everyday occurrence;

- an international legal instrument is required to punish those responsible for such atrocities which subordinates the p

rinciple of non-interference in a state's internal affairs to the respect of human dignity and rights;

- the right of every human being not to be killed following a legal sentence or judicial measure must be upheld as a fun

damental and inviolable right in every legal system, particularly in those countries in the process of redrafting their

constitutions;

seeing that

- the European Parliament approved a Resolution on 12 March 1992, which affirms that no State, and certainly not a demo

cratic one, can dispose of the life of its citizens by making provision in its laws for the death penalty as a form of p

unishment, even for the most serious crimes.

- the Statute of the International Tribunal for war crimes commited in the Former Yugoslavia instituted by the UN Securi

ty Council, excludes the death penalty in any case;

considering that

- an international campaign called "Hands Off Cain" is being conducted by citizens and parliamentarians to abolish the d

eath penalty worldwide by the year 2000, supported by Nobel Laureates, well-known figures from the world of science and

culture, and from many Italian cities, provinces and regions; and representatives of the many religions and parliaments

in different countries;

- the Easter March that took place in Rome on 3 April, with the aim of obtaining a moratorium on all executions and the

institution of the International Tribunal for crimes against humanity, marked the latest stage in this campaign;

- the next stage, in which the same aims will be pursued, will be marked by an initiative directed at the UN General Ass

embly that will meet in New York from September to December 1994, consisting of parliamentary and international actions

that are now being prepared;

engages the Government

- to put on the agenda of the next UN General Assembly, which will meet in New York from September to December 1994, the

following draft Resolution for the moratorium on all executions:

"The UN General Assembly

Considering that

- it is the right of every human being not to be killed following a legal sentence or judicial measure, even if issued i

n respect of the law or criminal proceedings, must be upheld as a fundamental and inviolable individual right in all nat

ional legal systems and as a human right in international laws;

- it is necessary to impose a moratorium immediately on all executions, including those that have already been ordered,

so that the principle of a State's not having the right to dispose of any person's life may be affirmed worldwide before

the year 2000;

asks the Security Council

- to impose a moratorium on executions in all situations created by "coups d'état" or civil wars that constitute a threa

t to world peace and security - and to have recourse, whenever States violate this moratorium, to all the sanctions prov

ided for in the UN Charter;

decrees that

the Statute of the permanent International Tribunal makes no provision for the death penalty for any crime, as already l

aid down in the Statute of the ad hoc Tribunal for the Former Yugoslavia;

Recommends that Member States

- put into effect a moratorium on all executions, including those that have already been ordered, and to undertake to ab

olish the death penalty by the year 2000;

- to set in motion the procedure of "international dispute" (from art. 41 of the International Covenant on Civil and Pol

itical Rights) against States which are Parties to the Covenant, but which apply the death penalty in violation of the r

estrictions imposed in art. 6 (extreme seriousness of crime committed, inapplicability in the case of minors under eight

een and pregnant women);

- to systematically raise objections to the reservations that States, in ratifying the International Covenant on Civil a

nd Political Rights, put forward to the restrictions on the use of the death penalty provided for by the Covenant itself

, thus demonstrating the evolution of international law in its confirming the invalidity of reservations to human rights agreements."

PARLIAMENTARY MOTION FOR THE MORATORIUM ON EXECUTIONS ADDRESSED TO THE SECURITY COUNCIL

The............Parliament/Chamber of Deputies

Considering that

- even though the Cold War is over, there are still hotbeds of tension and nationalistic conflict throughout the world;

- the transition from the "balance of terror" to the "terror of instability" has exposed situations in which various gro

ups, ethnic minorities and nations are unable to coexist peacefully;

- "coups d'états" and civil wars often involve neighbouring countries and upset the delicate balance of defence systems

and alliances at a regional and global level;

- civil wars constitute a threat to world security and therefore fall within the competence of the Security Council, acc

ording to Chapter VII of the UN Charter;

- in such situations, the defence of human rights, particularly the right to justice according to the fundamental rules

of legal proceedings, is carried out in an extremely "corrupt" context;

- hatred and fear resulting from danger that has been avoided or "excitement" deriving from newly-acquired power, creat

e situations that make it difficult to reach an impartial verdict;

- when it is a question of putting bloody tyrants or revolutionaries on trial, the death penalty, which serves as an exa

mple, is the sentence that is most likely to be inflicted instantaneously;

- the "revenge of justice" can also assume the proportions of extermination when death sentences are carried out on peop

le accused solely of moral complicity, or those who have committed the "crime" of belonging to the same group, party or

faction;

- the UN Tribunal for crimes committed in the former Yugoslavia excludes the application of the death penalty, even in t

he case of perpetrators of the most heinous crimes;

engages the Government

- to adopt the Resolution approved by the European Parliament on 12 March 1992, which affirms that no State, and certain

ly not a democratic one, can dispose of the life of its citizens by making provision in its laws for the death penalty a

s a form of punishment, even for the most serious crimes;

- to promptly pursue the legal, political and moral objective of a moratorium on executions in the case of "coups d'état

", civil wars and other similar situations;- to do everything possible in order that the Security Council might, in such

cases, impose a moratorium on death sentences for an agreed period or arrogate itself the right of inquiry, at least un

til there is evidence that the fundamental requirements of "just justice" are being respected.

- to do everying possible in order that the Security Council might ban the application of the death penalty worldwide, w

herever these situations occur.

THE PERMANENT INTERNATIONAL TRIBUNAL

After the successful Easter March, the campaign for the permanent International Tribunal will address itself to the Inte

rnational Law Commission that is due to meet in May and June. On the occasion of this meeting, the Commission should fi

nalize the draft Statute of the permanent Tribunal.

If this does not happen, that is, if the Commision does not complete the job it has been asked to do, the project will b

e postponed for a year - thus preventing the UN General Assembly from coming to a decision during this year's Autumn ses

sion - also making it impossible to solemnly institute the permanent Tribnunal in 1995, on occasion of the 50th annivers

ary of the United Nations.

We already know that the International Tribunal is high up on the GA agenda.

Action must be taken with the International Law Commission, in order that its members might finish the job in hand befor

e the end of May. We can start right now, by telling them exactly why we believe that the creation of this first intern

ational legal instrument is of fundamental importance.

So, please send a fax immediately to the Radical Party office in Rome, or the one nearest you.

You'll find below a sample text for use in collecting signatures (accompanied by the correct address and necessary perso

nal data); we'll take care of sending all the faxes directly to the members of the International Law Commission at the

UN.

"We citizens request that you complete the draft Statute of the permanent International Tribunal as soon as possible so

that it can be approved at the next meeting of the UN General Assembly.

We are also asking you to exclude the death penalty in any case, as already provided for in the Statute of the ad hoc Tr

ibunal for war crimes committed in the Former Yugoslavia."

INTERNATIONAL CONVENTIONS ON DRUGS

The Radical Party is organizing a Congress for the denouncement of international conventions on drugs, which will be hel

d in Rome on 27 and 28 May. The Congress, organized in association with the LIA (International Anti-prohibitionist Leag

ue) and the CORA (Radical Anti-prohibitionist Organization), will be attended by experts, jurists and parliamentarians f

rom Europe and America.The Congress was one of the initiatives decided upon by the General Council in Sofia, with the ai

m of amending the international conventions that are the legal instruments which bind countries to a prohibitionist poli

cy on drugs.

An international campaign could pursue two complementary objectives: the denouncement of the conventions and the approva

l of the relative amendments. This campaign should involve public opinion, to have parliaments approve motions engaging

their respective governments to present amendments to the unica Convention on Drugs of 1961 and to denounce the Vienna

Convention of 1988, following which the procedure can be set in motion for their renegotiation at the UN, and their subs

equent modification.

Contact your Radical Party office to obtain relative texts and documents.

Contact the organizing committee of the Congress at:

Rome: tel. 39-6-689791, fax 39-6-68979324

Brussels: tel. 32-2-2842579, fax 32-2-2303670

CAMPAIGN FOR THE RIGHT TO AN INTERNATIONAL LANGUAGE

A demonstration organized by the Radical Party and the Esperanto Radikala Asocio will be held on 3 May, in front of the

European Parliament in Strasbourg, to support the 14 amendments to the "Leonardo" program (the new EC program for vocati

onal training), presented by Marco Pannella. These amendments focus on the problem of communication between workers in

different countries, and seek to resolve it by fully respecting each individual language.

Contact your nearest Radical Party office to let us know if you will be taking part in the demonstration, or if you wou

ld like further information.

A CAMPAIGN FOR NEW LAWS TO FIGHT AIDS

It has never been so startlingly clear that poverty and lack of health care in one corner of the world can have such let

hal consequences for people on the other side of the planet. As far as the spread of disease is concerned, the global v

illage of the Nineties is very small indeed!

In most countries AIDS is still only treated as a health problem and not as an issue to be dealt with also in relation t

o human development and from a political and institutional standpoint. Notwithstanding the global proportions of the pan

demic, there are still no international laws governing AIDS, which is symbolic of the fragmented way in which the battle

against this terrible disease has been conducted so far. In other words, we have to admit that so far we have not been

able to come up with a suitable or effective "cure."

The challenge faced by the world community demands organization and cooperation that is sustainable at a transnational l

evel: the fact that the HIV virus knows no frontiers makes it essential to establish common laws that are respected by

all countries. The concept of "interference for humanitarian and health reasons" is also admissible in this case.

The main goal of the Radical Party campaign is, therefore, to fill the gap in the international legal and institutional

framework by creating an instrument that will permit nations to take global and concerted action against pandemics such

as the one caused by the HIV virus. The Radical Party would like to suggest three supranational instruments: an ad hoc

UN Convention; an amendment to the Statute of the World Health Organization; a Universal Declaration. These three pos

sibilities are not mutually exclusive.

The relationship between the individual, the small or large community of which he is part, his country and the world, ha

s to be rethought. This is why political change is necessary.

------------------

ROMA Partito radicale

via di Torre Argentina, 76

00186 Roma (Italia)

tel. 39-6-689791 fax 39-6-68805396

ALMA-ATA Radikaljnaja Partija

c/o Elena Schejger-Mirkhanova

Dzhambula 231 - 73

480124 Almaty (Kazakhstan)

BAKU Radikal Partijasi

Rasul Rza 1/16 - 22

370100 Baki (Azerbaijan)

tel/fax 7-8922-934592

BUCAREST Partidul radical

Calea Victoriei 32-34 et.4 ap.18

Sect.1 Bucuresti (Romania)

tel/fax 40-1-3126364

BUDAPEST Radikalis Part

Dorottya u.3.III.em.6.

1051 Budapest (Hungary)

tel. 36-1-2663486, 2660935

fax 36-1-1187937

BRUXELLES Parti radical

97-113, rue Belliard, Rem 508

1047 Bruxelles (Belgium)

tel. 32-2-2304121 fax 32-2-2303670

KIEV Radykaljna Partija

Chervonoarmijska 114 - 20

252006 Kiev (Ukraine)

MADRID Partido radical

c/o Begonia Rodriguez-Antiguedad

Calle Bolivia 13-1 F

28016 Madrid (Spain)

MINSK Radikaljnaja Partija

c/o Svetlana Koptel

Kiseleva 22 - 21

220029 Minsk (Byelorussia)

tel. 7-0172-337177

MOSCA Radikaljnaja Partija

Uliza Trubnaja 25 blok 2 Kb 49

103051 Moscow (Russia)

tel/fax 7-095-9239127

NEW YORK Transnational Radical Party

P.O. Box 8560 FDR Station

New York, NY 10150-1920 (USA)

OUAGADOUGO A.R.E.D.A

01 B.P. 6313

Ouagdougou (Burkina Faso)

PRAGA Radikalni Strana

Helenska 4

120 00 Praha 2 (Czech Republic)

tel/fax 42-2-24914690 int. 3451

SAN PIETROBURGO Radikaljnaja Partija

Nevskij prosp. 30

Sankt-Petersburg (Russia)

tel. 7-812-2199235

SOFIA Radikalna Partia

Ul. Gladstone 29

1000 Sofia (Bulgaria)

tel/fax 359-2-896535

TASHKENT Radikal Firka

c/o Marat

Zakhidov Rashidov 40 - 141

700029 Tashkent (Uzbekistan)

tel. 7-3712-566809

TBILISI Radical Party

Leselidze 10

Tbilisi - Sakartvelo (Georgia)

tel. 7-8832-982161

TIRANA Parti Radikale

Rr. Miqesia P.3 Sh.2 Ap.13

Tirana (Albania)

tel. 355-42-23511

VARSAVIA Partia Radikalna

c/o Marina Sikora - Daleka 1/3 M.48

02-022 Warszawa (Poland)

tel./fax 48-2-6593310

VILNIUS

Vitenio, 2/40 - kv. 26

Vilnius (Lithuania)

tel. 37-02-634265

VOJVODINA

c/o Lajos BallaUl. 29 Novembra 14

24426 Tresnjevac (Subotica)

ZAGABRIA Radikalna Stranka

Radiceva 15

41000 Zagabria (Croatia)

tel. 385-41-431989

tel/fax 385-41-426746

 
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