November 15, 2010

Petition! Петиција!

Dear Sir or Madam,

It is truly shameful, as much as it is illegal, for the UN to remove the name "Macedonian" from the designation of language spoken in Macedonia (and by Macedoniаns).

For two decades already, the UN is assisting Greek interests in breaking the basic International Laws, the basic Human Rights resolutions and commit unjustice towards Macedonia.
The principles of sovereign equality of states and the inviolability of their juridical personality, lead to the conclusion that the choice by a state of its own name is a basic, inherent right of the state. This right is not alienable, divisible or transferable, and is a part of the right to 'self-determination' (determination of one's own legal identity), i.e. it belongs to the domain of jus cogens norms.External interference with this basic right is inadmissible.
Interference with matters that are essentially within the domestic jurisdiction of a state, such as the choice of state's name, is also incompatible with the UN Charter, therefore, neither the Greek opposition to Macedonia’s name in UN, nor the intervention of the UN in the matters related to the name of the country, are consistent with the Charter.

The UN denies Macedonia the fundamental right to self-determination, which is the pillar of the international order. Macedonia satisfied all four conditions to be admitted in the UN, but two additional ones were added contrary to the accepted interpretation of Article 4(1) of the Charter. Thus Macedonia was admitted in the UN not under its name but a "provisional reference" i.e. derogated legal personality and imposed obligation to negotiate with a neighboring state about its own name.
These additional conditions quite differ from the conditions laid down in Article 4(1) of the Charter: they need to be fulfilled not before the admission, but after it.

According to the ICJ advisory opinion of 1948, no "political considerations" can be superimposed on, or added to, the conditions set forth in Article 4(1) that could prevent admission to membership.
Furthermore, forcing a state to use imposed derogated legal personality within the UN system and its relations with other international subjects is in violation with the right of states to non-discrimination in their representation in the organization of universal character, expressed in an unambiguous way in Article 83 of the Vienna Convention on representation of states.

In fact, the dispute over the name appears to be not between Macedonia and Greece, but rather, in an implicit form, between Macedonia and the UN.In this dispute Macedonia is defending its right to self-determination of its own legal identity.

The Republic of Macedonia was the FIRST STATE (legal subject) to make use of the name MACEDONIA when proclaiming it's independent republic in 1944 as People's Republic of Macedonia and with international rights, rightly defined by “Qui prior est tempore, potior est jure” - applies.
This means that the first in time prevails over the others.

Furthermore, Greek authorities commit themselves to respect the name Macedonia twice, first time in 1977 and the second time in 1982, on the Conference of the United Nations.

On the Third Conference of the UN for classification of geographical names, which was held in Athens in 1977, Greece adopted the resolution of the Conference, without any reserves. According to this resolution systems that are accepted in the Annex to this resolution to be adopted as international systems for transcription of the Latin, Serbo-Croatian and Macedonian geographical names in Yugoslavia.

In 1982, in Geneva, Greece recognized the name of Macedonia. Under the Agreement with attached documents and maps as material evidence. For its part, Greece has offered maps of their territory that no single region or one area of today's Greek state bears the name of Macedonia. The documents were adopted without a vote, by acclamation, on 31 August 1982.

The first resolution in 1977 was registered under number E/CONF.69/C.IV/L.4 on page 35.

The resolution of 1982 is recorded in the United Nations under the number E/CONF.74/L.107 as part of the conclusions of the Conference for classification of geographical names.

1982 E / CONF 74/L.110 on page 23 is the number which is registered under the UN resolution that Greece agrees to the use of the Macedonian alphabet and Macedonian geographical names.

Resolution of UN 1977: http://unstats.un.org/unsd/geoinfo/N0244983.pdf
Resolution of UN 1982: http://unstats.un.org/unsd/geoinfo/N0244990.pdf

It is about time you dump Greece's racism and pretense of objectivity in face of injustice. Bring back Macedonia's name and give peace a chance.

Sincerely,

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