of alema: unhelpful and unfounded attempt (also it applies to the Venetians)
of alema?
The clear and sound response that comes from all sides is no, And this uselessness is shown crystallinely by the Basque affair that I go to analyze
THE 27 Last June, the Basque regional parliament (ie the Spanish region “Basque”) He had asked to make a referendum for self -determination, but the Spanish national parliament today rejected the request for referendum .
On the other hand, the Spanish government had clearly said to be contrary and to consider such a referendum illegal.
Indeed, How can a peripheral factory of a company declare itself an independent company? It cannot do it, and also the Italian Constitutional Court in 2007 It said that regions can only exercise the functions conferred on them by the State
It must take the lead in the “regions” Member (I mean of all non-States “confederations” style Switzerland) they are nothing more than administrative arms of the respective national government, without any international political power. Even some “Governor” regional (Governors Rome ) They have been rejected several times by the Italian Constitutional Court, for attempting the agreement with territorial bodies outside the State (on related subjects) , Which other than today is possible thanks to the disintegration of the states made by the European Union. Or have been rejected for the autonomous assignment of power armchairs. In short, for some time now we have already all the failures that show us the principle, even demonstrated on issues of little account compared to’ autotederminazione, of which the shadow has not even been seen in the apparently more governors “strong”. The only exception was that of the Sardinia Region which produced the constitutional sentence that demonstrates the principle. And we are not talking about the province of Bolzano who threatened the session if he was touched his autonomy, Because we know that Bolzano is in fact an independent state with secession power that does not suit him to exercise.
In practice, the Region Presidents, in Italy as in Spain, France etc., They are nothing more than agents of the central government, “Governors” exactly, So much so that the central government can block their action when it wants and at any time also through proceeding with the commissioner through the “Government Commissioner to the Region”, And there is no danger of secession.
E’ delusional or ignorant to think that over the 150 years of life of centralist states such as Italy, the central government has not place and have not solved the problem of the possible independence of the regions, especially for those territories as the Lombardo-Veneto acquired illegally with an illegal military invasion. But even at the time of the Roman Empire or the Venetian Republic these were issues in the government agenda very often.
The only real possibility of the law of peoples to independence was opened only from 1965, for the fact that the United Nations recognized the right of every people to self -determination. But it is a right of peoples, no representatives of governors of the central government. That is, it is a right for governments that still do not exist, not for existing ones.
therefore, To carry out self -determination, the games are different, and extra-large most politicians with over 30 years even know what it means, because they are things that we started talking about when the age of training for them was already over .
Today's confirmation comes from the Basque Country : no referendum organized by the Basque region.
Many invoke Kosovo or Obitia to forget as a preceding 2 details of no less importance : the war and the support of world power.
Kosovo was protected by the UN, In fact it was an independent state before declaring it, and in any case it still remains unrecognized because the breakdown of international law it has caused is so dangerous that no one been, A part of Alema, He has dared to recognize.
Instead for the Obitia, The UN Assembly last week gave Russia right: Georgia had violated the UN Charter , that was making a population rape, And Russia intervened in defense of UN card and human rights, And Georgia has lost the right to the territory as Italy lost their face, France and NATO
Extended to the Basque or Venetian, would mean that if the occupying governments began to torture the citizens, Then yes there would be a right of intervention by a foreign state. The same principle used for Irak, Although we know that that of Saddam's dictatorship was not the only real motivation.
But really, it is not difficult : Since the right of self -determination belongs to peoples and not to administrative bodies, It is the people who guide the self -determination process . come ?
Here is the solution: If the Basques want self -determination, they must start immediately to publicly constitute their own Basque National Government, in replacement of that region , and create the institutions of self-government.
Practically, Basques have to declare their own self-government of the Basque People, and then create parallel institutions that will become the Basque Country.
then, through a process of inclusion of social components, organization must own, and yourself, type of democratic elections in the self-rule.
Legitimized the Institutions of Self-Government, they will then have to organize a referendum for independence, A referendum that I will have to take place freely since it is not said that the Basque people want independence. Let me explain. Since they are the people who have the right of self-determination, It will be necessary to ask the Baschi if they want an independent state, and they may well say NO!.
But since it is the Basque people in its entirety to have to vote in the referendum (which is anything else come on “residents” in the Spanish region), They will also vote that part of the Basque population which is in French territory, and which they are governed by another state. If it is not possible otherwise they will have to be able to vote in the same seat as the Baschi in Spain, but they will have to vote.
therefore, the denial of the Basque referendum by the Spanish Government, It is a formally correct position of law , because it claims to the Basque people as a whole the right to self -government and self -determination , and not to a territorial body of the Spanish State, fact that is normally prohibited by the Constitutions.
The Basque Regional Government has announced that it wants to submit an appeal against the central government to the Council of Europe, to denounce “Madrid's refusal to authorize the holding of a local referendum on the future of the territory” ; But it will be useless, because the Council of Europe does not deal with self -determination of peoples, but only of the human rights provided for by the conventions that the Council of Europe itself has created, nothing else. Self -determination is an UN question or if anything competentiveness of the International Court of Justice, not of the Court of the Council of Europe .
Moreover, what value does an action brought by the Basque regional government ? That injured rights can complain about a state body to which human rights are certainly not due to people?
It would be helpful for Basque (as a group of people) submit an appeal to the European Court for human rights to have natural and impartial judges (ie “baschi”, exactly as did the 2 June 2008 the Venetians), But to do this it always takes that self -government of the people who have their own courts to be replaced to those of the occupant state.
The process of self -determination described is exactly what was done by the self -government of the Venetian people starting from 1999. Since we founded the first national institutions. in 2000 we have performed the first national elections, Legal also recognized by the Italian judiciary. Then the inclusion of social work components, last years, located in the newly “the Venetians Forum” the first substance.
It will now be necessary to aim for a referendum of the Venetians voted by the Venetian only to decide independence or not, managed by self -government.
In short, the Venetians of the self -government of the Venetian people are showing other oppressed peoples such as e’ The way to independence in the world today, which must be pursued by peaceful and legal means.
And if others do not learn bad for them, as evidenced by the Basque history.
Terrorism should not be done, but we must say that , exhausted legal action given by international law, International law itself legitimate the use of the force for self -determination , but not before. Until there is room for peace it must be safeguarded. Which NATO seems to have forgotten with Afghanistan.
Of course, the administrative bodies of the Occupying State, as the Basque Regional Government, They would encourage and assist the process of self-determination, indeed, they would be obliged by international law.
But the right to exercise self -determination remains only to peoples, through their self-determined self-government institutions under international law .
When I tell people I do not mean a single individual, nor a party, nor an administrative body. Nor a dictator or a group of nobles.
And when I say people, I do not mean that it comprise all residents of a certain region , nor just a part of the residents of that region, Because the national citizens who live in the territory sometimes also of other states as in the case of the Basques in France belong to that people and right..
That is, in other words, Immigrants do not have the right to vote in the referendum for self -determination, that is, all those who do not belong to the people who self -determination and who do not have the nationality of the people, They will not vote and if they want they can also return to their home, but not have, even as the occupying states, the right to decide on behalf of and in place of the people who self-determining. If not, in what would be the right to self-determination ? And on the other hand, the temptation to pilot a mass immigration for “dilute” the population, which instead fails because the “annacquatori” they will not however have the right to vote in the referendum for independence.
I'm 10 years that I struggle and I repeat these 4 HACC on the cross on the path of self-determination, But unfortunately the big problem is that party interests and political privileges systematically prevail over the interests of the Venetian people.
And unfortunately they are also added to the problem of some animated movements yearnings of power who prefer not to hear these facts of international law, except to say that “They are not true” or even sowing lies on my account and falsity to discredit my work. E’ good that people recognize these shady characters and marginalize them, if you not then want trovarseli in the new state government.
But I am sure that the point of no return to the self -government of the Venetian people has been overcome for a while and we would soon have the sovereign state, already born, no longer occupied and effective in the territory.
Loris Palmerini
President of the Court of the Venetian People
http://community.girlpower.it/paesi-baschi-referendum-autodeterminazione-vt119391.html
http://www.agi.it/estero/notizie/200809220835-est-rt11010-art.html
http://www.asca.it/moddettnews.php?I…DETERMINATION
http://quotidianonet.ilsole24ore.com…utorizza.shtml