Now that the Radicals are redoubling their efforts to affirm a new type of international law that really will be effective because it will be upheld and enforced by institutions, it is becoming increasingly evident that there is a major need in this world for laws and rules, and for authorities capable of affirming them and seeing that they are respected, as is the case in every democratically-governed society.

The terrible tragedy being enacted in Rwanda, and the one in the Former Yugoslavia, further underlines the fact that international institutions are powerless in such situations. This makes it imperative to speed up the process of at least equipping the world with a Permanent Tribunal to judge crimes against humanity, invested with the necessary powers to avoid it being reduced to just another ineffective, useless body, and capable of acting as a deterrent, so that there will be no more Yugoslavias or Rwandas.

Unfortunately, the Radical Party seems to be the only political organization presently committed to affirming throughout the world the necessity to create laws, and rules of coexistence adequate for all forms of human development, which are now completely interconnected.

The Italian Parliament has taken a stand on the tragic situation in Rwanda - for which the entire world bears a direct and heavy responsibility - thanks mainly to the commitment made by deputies who are members of the trans-divisional, transnational Radical Party.

Meanwhile, Emma Bonino is in New York where she will attend a meeting of the Executive Committee of Parliamentarians for Global Action, as she chairs its International Law Committee. However, Bonino was invited to New York, together with Marco Pannella, primarily to attend the hearing for the drawing up of the UN Agenda for Development. You'll find a more detailed report on page 2.

This is the front on which the Party is launching its nonviolent, civil and democratic initiatives, which was established and decided upon at the Rome Congress, and with the Motion passed in Sofia by the General Council of the Radical Party.

Within this framework, we have already launched our initiative to denounce the International Conventions on drugs, following the International Seminar held in Rome at the end of May, which established the platforms and objectives of the new anti-prohibitionist campaign for the legalization of drugs, aimed at defeating the powerful criminal organizations that obtain most of their income and power from drugs, and the prohibition of same.

The Rome Seminar, in which a considerable number of the foremost world authorities on drugs took part along with many diplomats attending as observers, proposed a Parliamentary Motion, a new instrument for launching initiatives. We are publishing it in this issue, so that it may be used as a work instrument by all Radicals, whether they are parliamentarians or not; so that it may be tabled in as many Parliaments as possible, inspire popular petitions, and establish a dialogue with governmental institutions in different countries.

This motion is designed to work together with the other two on the death penalty and on the Permanent International Tribunal that we have published in previous issues, consolidating the Radical Party strategy for the affirmation of a new law of nations.

In the meantime, signatures on initiatives promoted in recent months continue to arrive at Radical Party offices.

Lastly, we would like you to note that this issue of "Transnational" will also be sent to the editors and staff of a large number of newspapers and magazines, thanks to the efforts of the various Radical offices, which not only distribute the newsletter but are also largely responsible for the articles. Even though "Transnational" is not a news agency, but a newsletter giving information on Radical Party initiatives, we believe that it is both necessary and useful to send it to the mass media, also to establish an ongoing dialogue, as we are sure that the many newspapers, radio and TV networks that receive it regularly will be interested in what we are doing.

EDUARD SHEVARDNADZE: CONSTITUTE THE PERMANENT INTERNATIONAL TRIBUNAL NOW!

After a meeting at Tbilisi with Mamuka Tsagareli, Vice-President of the General Council of the Radical Party, the President of the Republic of Georgia Eduard Shevardnadze sent the following letter to the members of the International Law Commission.

Tbilisi, June 2, 1994

I welcome your intention to establish a Permanent International Tribunal. I hope that in the upcoming General Session, the UN will adopt the proposed Statute for the formation of this body.

As in Yugoslavia and other hot spots of the world in this latter part of the twentieth century, the Georgian people have experienced the traumas associated with extreme nationalism, radical separatism, ethnic cleansing and the devastation of hundreds of thousands who have become displaced or refugees. We believe that the existence of an International Tribunal will assure that any person or regime guilty of the above crimes will be responsible not only to the victims, but to the International Community as well.

I request however, insomuch as it is possible and as a renewal of our commitment to humanitarian ideals at the dawn of the new century, the avoidance of capital punishment.

Eduard Shevardnadze

EMMA BONINO AT THE UNITED NATIONS

PGA MEETS TO DISCUSS INTERNATIONAL TRIBUNAL

The President of the UN General Assembly, within the framework of a series of consultations with Member States, invited Emma Bonino - Secretary of the Radical Party and Italian Reformist Deputy - upon indication of the Government, to the "Hearings" for the drawing up of an "Agenda for Development" to complement the "Agenda for Peace" that has already been established.

S.R. Insanally, leader of the project, asked Bonino to attend "as expert witness, and in view of her wide experience in the field" the "World Hearings for Development", held in New York from 6 - 10 June.

Five major themes were dealt with: development, peace and security; challenges, imperatives of growth, and sustainable development - putting people first; globalization; a new type of cooperation for development; the role of the UN system.

Emma Bonino delivered her report concerning the second issue on 6 June, at the UN building.

The text of Bonino's report is available through Agorà Telematic or upon request from Radical Party offices.

During her visit to New York Emma Bonino also took part in the meeting attended by members of Parlamentarians for Global Action (PGA), a worldwide network of parliamentarians that deals with international political issues.

The main topic under discussion was the situation on both international tribunals, that is, the ad hoc Tribunal for war crimes in the Former Yugoslavia and the Permanent International Court.

Regarding the ad hoc Tribunal, the Security Council still has to appoint a Public Prosecutor. With only seven months to go before the inauguration of the Tribunal in The Hague, the fact that the Public Prosecutor has still not been appointed undermines credibility, especially in the light of the report submitted to the UN Secretary General at the beginning of June by the Committee of Experts that has investigated and obtained evidence of crimes committed in the territory of the Former Yugoslavia from 1991 onwards.

As far as the Permanent Court is concerned, it is necessary to ensure that the International Law Commission, the subsidiary organ of the UN General Assembly charged with drafting the Statute of the Tribunal, completes its work before the end of its present session, in other words, by 31 July.

In this sense, the Radical Party is tabling a motion in various parliaments, requesting governments to take the necessary measures to make the Permanent Tribunal operative as soon as possible.

RWANDA: THE NEED FOR BINDING INTERNATIONAL LAW

Thanks to the initiative of many parliamentarians from all the Italian political groups, the Chamber of Deputies unanimously approved a Resolution on the tragic situation in Rwanda. The Resolution, which was submitted by Secretary of the Radical Party Emma Bonino and others, was approved on 1 June by the Foreign Affairs Committee. We are publishing the text here, as it could be a useful point of reference for similar parliamentary initiatives.

The Third Committee of the Chamber of Deputies,

- considering that what has taken place in Rwanda goes way beyond the bounds of cruelty;

- taking into account that genocide - one of the worst evils to afflict this century - is being perpetrated; genocide which does not even spare women and children who are massacred indiscriminately, bringing the number of victims to an estimated total of hundreds of thousands;

- deploring the fact that insufficient attention was paid to the warning signals that preceded this particular crisis, which indicates a particular weakness in national and international information structures;

- denouncing the political responsibilities assumed repeatedly in the name of "international tolerance" and the lack of coordination in the control of arms trafficking, also on the part of Italy;

- considering extremely serious the fact that only a few African countries responded positively to the appeal made by UN Secretary General Boutros-Ghali and to UN contacts with the forty-two Member States, regarding the formation of a peace-keeping force of at least 5,500 men to bring hostilities to an end;

- engages the Government

a) to ask the Council of Europe to urgently decide upon a joint action within the framework of the PESC (Common Foreign and Security Policy) to combat the humanitarian disaster in Rwanda and to urge the UN Security Council to include the issue on its agenda, also by applying Article 34 of the UN Charter, while at the same time officially declaring that our country is actively - and not merely verbally - disposed to participating in a peace-keeping force to put an end to the genocide, thus making good the shameful delay and allowing these institutions to assume their proper role;

b) to guarantee respect of the arms and munitions embargo and to prosecute any Italian company responsible for violating it in any way whatsoever;

c) to prepare, within the context of the UN peace plan, a comprehensive emergency and human development aid plan for the peoples still in Rwanda and for those in flight, also by supporting Italian initiatives, including nongovernmental and voluntary ones;

d) to check regularly that these plans are being implemented and to submit periodic reports to Parliament;

e) to support and promote at the 49th Session of the UN General Assembly the institution of the Permanent International Tribunal for crimes against humanity;

f) to consult with European partners, in order to decide upon the attitude to be adopted by the European Union, also calling for an Extraordinary Meeting of the UN Security Council.

FOR THE REVISION OF THE UN CONVENTIONS ON DRUGS

At the end of the proceedings of the International Seminar for the Revision of the UN Conventions on Drugs - held in Rome on 27 and 28 May and organized by the Radical Party, the LIA and the CoRA - the following text of a parliamentary motion was drawn up, which engages the governments of various countries to promote the modification of the agreements according to the procedures laid down by each Convention. In fact, if a certain number of States question the Conventions it will possible to weakenthe repressive drugs regime currently in force and to seriously undermine it.

The Seminar documents can be obtained from your nearest Radical Party office upon request.

DRAFT PARLIAMENTARY MOTION

Considering that

- the current prohibitionist regime applied to drugs has not only been unable to check the spread of drug-taking, but has also transformed clandestine drug-trafficking into the most profitable business on the planet with an annual volume of trade in the order of five hundred billion dollars, according to UN estimates;

finding that

- the power wielded by criminal organizations undermines the foundations of legal institutions and threatens the rule of law, particularly in producer countries in which a parallel system of territorial control flourishes;.

- drugs circulate freely in our society despite prohibitionism;

- governments, and regional and local institutions, are devising alternatives to a repressive strategy; and Constitutional Courts in various countries are opting with increasing frequency for the depenalization or legalization of drug use;

- measures such as "harm reduction", that correspond to irremissible requirements of justice and public health, are not a sufficient means for making any real headway in the battle against drug-trafficking and organized crime, as they do not undermine the illegal drug market;

- national laws actually adopt the provisions made by the three UN Conventions: the Single Convention on Narcotic Drugs of 1961; the Convention on Psychotropic Substances of 1971, and the Vienna Convention on Illicit Traffick of 1988;

considering that

- it is now widely acknowledged that having generated the above effects the "war against drugs", declared thirty years ago with the introduction of the prohibitionist regime, has been well and truly lost;

- presuming to prohibit "drugs" from countries in the South of the World but not "drugs" (alcohol and tobacco) from the North of the World, is one of the major contradictions of the prohibitionist regime;

- in order to modify the prohibitionist regime presently in force throughout the world it is necessary to take action resulting in the presentation by one or more governments of instruments of denunciation or amendment of the above-mentioned Conventions, according to the procedures laid down by these Conventions, also with the aim of having an international conference called on the matter;

- while the purely repressive nature of the 1988 Convention leaves no room for improvement, the 1961 Convention - and consequently that of 1971 - can be amended in such a way as to extend the exclusively medical and scientific uses to "other" uses with regard to the manufacture, export, import, distribution, trade, use and possession of legally controlled drugs, while at the same time continuing to prohibit the use of certain particularly dangerous substances.

Engages the government

1) To denounce the Vienna Convention on Illicit Traffick of 1988, in accordance with Article 30 of said Convention;

2) To present amendments to the Single Convention on Narcotic Drugs of 1961 - in accordance with Article 47 of said Convention - that will result in the calling of a Conference of the Contracting Parties regarding said amendments:

Amendment No. 1

Modify the Preamble as follows:

"The Parties:

Concerned with the issues of public health and social peace;

concerned with the problem of public health and the social problem caused by the abuse of certain narcotic drugs;

recognizing that the use of these substances for medical or scientific purposes is indispensable for the relief of pain and that it should not be subject to any unjustified restrictions;

recognizing that their use is legitimate if it corresponds to customary habits or is an expression of individual freedom as recognized by Universal Conventions on Human Rights, subject to the condition that it does not cause harm to others;

determined to prevent and combat the abuse of these substances and the illicit traffic which it engenders;

deeply concerned by the magnitude of and the rising trend in the illicit production of, demand for and traffic in narcotic drugs, which adversely affect the economic, cultural and legal foundations of society;

deeply concerned also by the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and in particular amongst the young exploited by drug traffickers;

recognizing the links between illicit traffic and other related organized criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States;

aware that illicit traffic generates significant financial profits enabling criminal organizations to penetrate and corrupt the structures of government and legitimate commercial and financial business;

understanding that effective measures against abuse of narcotic drugs require coordinated and universal action;

acknowledging the competence of the United Nations in the field of narcotics control and desirous that the international organs concerned exercise their activities within the framework of that Organization;

desiring to conclude a generally acceptable international Convention replacing all existing treaties, limiting such drugs to medical and scientific or other uses, whilst ensuring protection against abuse of society and third parties;

Finally desiring to combat illicit traffic effectively by a system of legalized control in which the health and social risk of the controlled substances is taken into account and the various cultural, economic and legal aspects of the problem;

Hereby agree as follows:"

Amendment No. 2

After paragraph 1.1.y add a new paragraph 1.1.z as follows:

"'the term 'and other legitimate purposes' indicates the uses that correspond to a customary habit or is an expression of individual freedom subject to the condition that it does not cause harm to others."

Amendment No. 3

Modify Article 3(iii) as follows:

"If the World Health Organization finds that a substance in Schedule I is capable of being used for medical or scientific purposes, the Commission, on the recommendation of the WHO, can include the substance in Schedule II."

Amendment No. 4

Add the words "and other legitimate purposes" to:

Article 4(c) after the words "medical, scientific";

Article 9(4) after the words "medical, scientific";

Article 12(5) after the words "medical, scientific";

Article 19(1) after the words "medical, scientific";

Article 21(1) after the words "medical, scientific";

Amendment No.5

Delete paragraph 2 of Article 14 and Article 22 in its entirety.

Amendment No.6

Insert the following phrase in Article 30(b):

"This requirement need not apply to such drugs as individuals may lawfully obtain, use, dispense or administer."

Amendment No. 7

Modify Article 33 as follows:

"l. The Parties shall not permit the possession or use of drugs included in Schedule IV except under legal authority.

2. The Parties may prohibit the use of drugs in certain circumstances, but only where such use degenerates into abuse which is harmful to society or dangerous for third parties."

3) To present similar amendments, mutatis mutandis, to the Convention on Psychotropic Substances of 1971.