Nov 29 2010

The Obscuring of the International Nation of Trieste


The Memorandum of Understanding (hereinafter referred the MoU) is NOT an international treaty, but a simple Letter of Intent signed by the four nations mentioned above. This quadrilateral agreement inappropriately modified the Treaty of Peace with Italy signed in Paris February 10, 1947 from 20 winning Nations and Italy that have lost the Second World War.

Furthermore the MOU try to cancel the 16th resolution adopted in New York in the 91th meeting of the Security Council of the United Nations (hereinafter referred UN) on 10 January 1947 voted with 10 nations in favor and one nation abstained.

This 16th UN Resolution approve the sovereign nation of the Free Territory of Trieste (hereinafter referred the FTT), namely the annexes of the Treaty of Peace with Italy of the creation and government of the FTT including the Free Port of Trieste (hereinafter referred the FPT), and ‘acceptance of responsibility by the Security Council itself to the following documents:

  • The instrument for the provisional règime of the Free Territory of Trieste (Annex VII);
  • The permanent Statute for the Free Territory of Trieste (Annex VI);
  • The instrument for the Free Port of Trieste (Annex VIII);

These documents become a month after their signature integral part of the Peace Treaty with Italy.

On the basis of international law an international treaty like the Treaty of Peace with Italy, which was voted and recorded, can may be amended or canceled only if there is a numerical majority of States of the United Nations to vote in for change or cancel it. Moreover, a nation recognized by the Security Council of the UN as the Free Territory including the Free Port of Trieste, for which the Security Council itself has taken all the responsibility can not be canceled or annulled or made to disappear. The direct consequence is the cancellation of the MoU that can be considered as NULL and VOID since its signature (see attached “Fact Sheet # 2” published by the Department of Public Information of the United Nations in August 2005 and the article “The Birth of the International Nation of Trieste”, published by CommitteeFPT in May 2010).

The analysis of the MoU, complete with the “Letters of Exchange” between the Italian Ambassador to the United Kingdom of Great Britain and Northern Ireland and the U.S. Ambassador of the United Kingdom of Great Britain and Northern Ireland show the
unquestionable deprivation of their international rights to native population (Free Territory citizens) of the FTT and to UN Member States, since so far they have been kept ignorant, of the “Obscuring of the International Nation of Trieste”.

Download the full book about the Obscuring of the International Nation of Trieste


Sep 24 2010

Public speaking of July, 16th and September, 15th 2010


The PLT Commitee makes now available for download public speakings held at Molo IV:
July, 16th 2010
September, 15th 2010
The documents will be permanently available at “PLT Commite Docs”, “Public speakings” section.


Aug 22 2010

Read the Manifesto


This is the full (paper) version of our manifesto.

To view it bigger, click on it and go fullscreen.


May 24 2010

The Birth of the International Nation of Trieste


This is the Resolution of the SECURITY COUNCIL of the UNITED NATIONS for the FREE TERRITORY of TRIESTE, voted in New York January 10, 1947

Foreword of CommitteeFPT:
In the following article we comment how a country caln legally become a member of the UN showing to you first the instruction given by the UN which can also be found online on, http://www.un.org/geninfo/faq/factsheets/memberstate.pdf and after the admission of the Free Territory of Trieste.

 — -

Can a new State or Government be recognized by the UN?
How does a country become a member of the UN?

The recognition of a new State or Government is an act that only States and Governments may grant or withhold. The United Nations is neither and, therefore, does not possess any authority to recognize a State or a Government.
The United Nations may admit a new State to its membership or accept the credentials of the representatives of a new Government. Paragraph 1 of Article 4 of the Charter of the United Nations states that it “is open to all other peace-loving States which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.” The procedure is as follows:
1) The State submits an application to the Secretary-General and a formal declaration stating that it accepts the obligations under the UN Charter.
2) The application is considered first by the Security Council. Any recommendation for admission must receive the affirmative votes of nine of the 15 members of the Council, provided that none of its five permanent members - China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America – has voted against the application.
3) If the Council recommends admission, the recommendation is presented to the General Assembly for consideration. A two-thirds majority vote is necessary for admission of a new State, and membership becomes effective on the date the resolution for admission is adopted. At each session, the General Assembly considers the credentials of all representatives of Member States participating in that session. During such consideration, the issue can be raised whether a particular representative has been accredited by the Government actually in power. If controversial, this issue is ultimately decided by a majority vote in the Assembly. It should be noted that the normal change of a Government, through a democratic election, does not raise any issues concerning the credentials of the representative of the State concerned.

Below is the admission of the Free Territory of Trieste:

( click here to read the original document )

RESOLUTIONS ADOPTED AND DECISIONS TAKEN

BY THE SECURITY COUNCIL IN 1947

PART 1. QUESTIONS CONSIDERED BY THE SECURITY COUNCIL UNDER ITS RESPONSIBILITY FOR THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY IN THE FREE TERRITORY OF TRIESTE

A. APPROVAL OF THE STATUTE OF THE FREE TERRITORY OF TRIESTE
16 (1947). Resolution of 10 January 1947
The Security Council,
Having received and examined the annexes to the proposed Peace Treaty with Italy relating to the creation and government of the Free Territory of Trieste (including an arrangement for the Free Port),1 Hereby records its approval of the three following documents:
(1) The instrument for the provisional règime of the Free Territory of Trieste;
(2) The permanent Statute for the Free Territory of Trieste;
(3) The instrument for the Free Port of Trieste; and its acceptance of the responsibilities devolving upon it under the same.
Adopted at the 91st metting by 10 votes to none, with 1 abstention (Australia)
 —  —  —  —  —  —  —  —  —  — 
1 See Official Records of the Security Council, Second Year, Supplement No. 1, annex 2.

Comment:

As can be seen in the Fact Sheet given by the UN and from the Resolution of January 10, 1947, the Nation of Trieste (Free Territory of Trieste, Free Port of Trieste and the Instrument for the provisional règime or peacekeeping force) was regularly voted by the Security Council because it had reached a quorum of 10 nations in favour of it (the minimum is 9 countries), while none of the five permanent members - China, France, Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America - voted against the request.
The peculiarityof this nation is that the responsibility for it lays in the Security Council’s hands, as “Hereby records its approval of the three following documents :
(1) The instrument for the provisional règime of the Free Territory of Trieste;
(2) The permanent Statute for the Free Territory of Trieste
(3) The instrument for the Free Port of Trieste;
and its acceptance of responsibilities devolving upon it under the same.”

Please note that the Nation of Triest was requested and created by the UN and the responsibilities for the same are laying in the hands of the Security Council, and this means that it’s in conflict with the first paragraph of the UN fact sheet linked above: “Can a new State or Government be recognized by the UN?”, with the reply: “The recognition of a new State or Government is an act that only States and Governments may grant or withhold. The United Nations is neither and, therefore, does not possess any authority to recognize a State or a Government.”.
This sort of contrast shall not be confusing, as the Free Territory and Free Port of Trieste is an International Nation which is represented on a geographical and actual territory, and practically all the member states of the Organisation of the United Nations (additional note: the UN has officially no own territory “except the Free Port of Triest” and the representatives of the UN are always guests on a territory that belongs to some member state).

About the Treaty of Peace with Italy

The Article. 21.1. of the Treaty of Peace says:

There is hereby constituted the Free Territory of Trieste, consisting of the area lying between the Adriatic Sea and the boundaries defined in Articles 4 and 22 of the present Treaty.
The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agrees that its integrity and independence shall be assured by the Security Council of the United Nations.”

Regarding the Free Territory

In “The permanent Statute for the Free Territory of Trieste” there’s no request made by the population of Triest, that actually lives in this country, to the UN, and so this population exists theoretically as a citizenship called “original free territory citizens” see the Permanent Statute, Annex VI, art. 6 that quotes “Italian citizens who were domiciled on 10 June 1940 in the area comprised within the boundaries of the Free Territory, and their children born after that date, shall become original citizens of the Free Territory with full civil and political rights….”, but since the implementation depends on the Security Council see Annex VI, art. 38 quoting:

The present Statute shall come into force on a date which shall be determined by the Security Council of the United Nations Organisation”

and the Security Council up to now hasn’t determined the date, we are in fact in front of a ghost population of a geographically and factually existing territory.

Regarding the Free Port

In the recording of “The instrument for the Free Port of Trieste”, which is an international State with its own legislation as well as quoting verbatim from Annex VIII, art. 1.2. “The international regime of the Free Port shall be governed by the provisions of the present Instrument” and Art. 2.1. “The Free Port shall be established and administered as a State corporation of the Free Territory, having all the attributes of a juridical person and functioning in accordance with the provisions of this Instrument” and art. 3.2.

The establishment of special zones in the Free Port under the exclusive jurisdiction of any State is incompatible with the status of the Free Territory and of the Free Port”

the matter is different, because this State doesn’t have itself a statutory population.

In fact, the land is owned by all member states of the UN, but what is undeniable is that it must be governed by the “permanent Statute of the Free Territory and by the Instrument for Free Port”. Considering that the Instrument for Free Port of Trieste is undisputed since its registration and does not need to be implemented as the Permanent Statute of the FTT, see Article 38 above, it’s accepted that the FTT does exist and thus the native population (Free Territory citizens) also factually exist, because the latter is invoked just to manage the State of Free Port of Trieste in Article 18.3. quoting “All other employees of the Free Port will be appointed by the Director. In all appointments of employees preference shall be given to citizens of the Free Territory” and in article 21.2.

The representative of the Free Territory shall be the permanent Chairman of the International Commission. In the event of a tie in voting, the vote cast by the Chairman shall be decisive.”

The International Commission is needed by the participating nations to promote their commercial interests and to approve the projects for the development of the port area, but without the representative of the FTT, which is the permanent Chairman of the International Commission, it is impossible to achieve these interests and developments, putting the port in operative conditions. The first task of the representative of the FTT is to call the representatives of the nations that make up the International Commission to take office in the Free Port to bring virtually all interests in communication with each other or reported verbatim in article 22 “The International Commission shall have its seat in the Free Port. Its offices and activities shall be exempt from local jurisdiction….”. Practically, the UN has a territory of its own with a Headquarter that is commercially exploitable.

Regarding the instrument for the provisional règime of the Free Territory of Trieste

or, the Peacekeeping Force for protection of the FTT and FPT.

In recording “The instrument for the provisional règime of the Free Territory of Trieste”, the Security Council takes its responsibilities for a military government which was managed by peacekeeping troops of Great Britain, United States of America and Yugoslavia. The military government had the mandate to prepare the territory (FTT/ FPT) for the Governor that would have managed, with the Council of Government of the FTT, the country in a civil and democratic way. Unfortunately, for reasons of contrast within the Allied powers of the Second World War, which then caused the Cold War, the Security Council could not find a Governor to unite geographically and politically the territories of zone A and B and the free territory citizens that live in the respective territories, as from the Permanent Statute of the Free Territory of Trieste.
Since 1989 or since the Cold War ended, these troops are not neccessary anymore;
what nation would take possession of a port that belongs to all nations, as well as the nation itself (FPT) or of a country that offers the chance of political, commercial and cultural exchange at a global level, as guaranteed by all nations (FTT)?

Summary:

The Free Territory of Trieste is approved and implemented as a part of the Treaty of Peace with Italy, which is not disputed: IT’S POSSIBLE (SE POL)
The Permanent Statute of the FTT is approved but not implemented, and here are defined the free territory citizens: IT’S NOT POSSIBLE (NO SE POL)
The Instrument for the Free Port is approved and implemented and within it’s defined that the free territory citizens must manage their own port: IT’S POSSIBLE (SE POL)
• The Instrument for the provisional règime of the Free Territory of Trieste is approved and implemented therefore the free territory citizen are guaranteed by the Security Council for the application of the Human Rights: IT’S POSSIBLE (SE POL)

The Free Territory and Free Port of Trieste were requested and created by the UN as examples for the peaceful coexistence of peoples of all nations, and the Free Territory Citizens were chosen to manage this International Nation, unique in the world.

Download the full pdf about the Birth of the International Nation

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Mar 27 2010

Triest’s Future
begins with the Past of its Port


The decision to give birth to the CommitteeFPT was taken in December 2009 after a convention organized by the “Associazione Porto Franco Internazionale” about the frame of mind so-called NO SE POL (not-possible) that was applied for 56 years over the port, the city and the surroundings of Trieste. We have some questions, namely:

  • Why is the Free Port of Trieste today in a state of total abandon?
  • Why is the existing Port Authority established under the directives of the Italian government?
  • Why is the Free Port not administered as by its Instrument (Annex VIII, art. 18 18.1. And 18.2.), where the Original Free Territory citizens have a legitimate right of preference to manage the port that has always been theirs (Annex VIII, art. 18, 18.1. and 18.2.)?

After this conference, some of its participants gathered, as simple citizens of Trieste of any age, ethnicity and political affiliation to whom the future of our port is a priority, which led to the simple question: “Is there a way to put in operational conditions the Port of Trieste?”. See below two images of the Old Port of Trieste in its current conditions!

Le immagini parlano da sè

Our port in 2010!

The result of this meeting has been turned into the decision to set up the “CommitteeFPT” which is an association composed of ordinary citizens of Triest that have the characteristics to be original Free Territory citizens and therefore to be the the only ones who can legally operate the Free Port of Triest.

Below we introduce the first Article of the Constitution of the Committee, in order to understand why wars and lies in the end don’t pay, and cannot change the course of history. These are the premises regarding the facts that explain the situation of the Free Port of Trieste, which is a land owned by all nations that constitute the United Nations.

[click here to download this document as .pdf]

1. Background

Given that:
1.1. on January 10, 1947 the Free Port of Trieste as an extraterritorial territory of any country in the world was voted by 11 nations and recorded at the United Nations Organization;
1.2. this registration can not be cancelled because it is part of the Treaty of Peace with Italy signed in Paris on February 10, 1947;
1.3. this registration complies with all the intents and purposes of the United Nations Charter of June 26, 1945 in being a member state of this organization, as all 5 permanent representatives of the Security Council voted in favour of it;
1.4. the territory of the Free Port has its own constitution and lays in Central Europe and the same can be lawfully considered similar to the territory of the United Nations Headquarters in New York;
1.5. the Free Port of Trieste is an extraterritorial port de jure and de facto and the Free Territory of Trieste is also de jure an international zone, and both are declared demilitarized territories and defended as a Protectorate of the United Nations;
1.6. the Free Port of Trieste can not be considered a state corporation of the State of the Free Territory of Trieste since it is conformed and administered as a sovereign state, having all the attributes of a juridical person and functioning in accordance with the conditions of the “Instrument for the Free Port (Annex VIII)” or Constitution of the Free Port and is therefore considered only territorially incorporated in the state of the Free Territory of Trieste (a corporation of two sovereign states);
1.7. the establishment of special zones in the Free Port under the exclusive jurisdiction of any State is incompatible with the status of the Free Territory and of the Free Port;
1.8. thanks to the territorial expansion of the Free Territory, the Free Port has granted free access to international waters;
1.9. The port of Trieste since 1719 has always been a world reference for the maritime trade and cultural exchanges;
1.10. the Free Port of Trieste was established to be the port of all the UN member nations and primarily to give access to international waters to the landlocked states of Central Europe;
1.11. the multi-ethnical population of original Free Territory citizens exists legally but has never had a chance to express themselves democratically, and this population has the rights of citizenship of the United Nations (United Nations Nationals);
1.12. the original Free Territory citizens are those who were domiciled on June 10, 1940 in the area within the borders of the Free Territory of Trieste and their children born after that date, or those who were born in the area after that date (UN Chart for human rights);
1.13. the “Instrument for the Free Port” foresees a Director that cannot be an Italian citizen or a citizen of Yugoslavia, but can be an original Free Territory citizen and that to the administrative apparatus and employment there must be given a preference to the original Free Territory citizens;
1.14. the Free Territory citizens are prevented by the Italian Authorities to manage – through the International Commission – the Free Port of Trieste;
1.15. the original Free Territory citizens forms the “Chairman of the International Commission” that is called to oversee the administration of the Free Port; 1.16. the Memorandum of Understanding of London was signed on October 5, 1954 by 4 nations including Italy and was intended as a military and temporary agreement of inapplicability of the constitution of the civil state of the Free Territory and Free Port of Trieste, former Annex VI, VII and VIII of the Treaty of Peace with Italy of 10 February 1947.
1.17. the Memorandum of Understanding provides for the replacement of the Allied Military Government under UN control responsible to guarantee the territorial sovereignty of the Free Port and Free Territory (Annex VII), with a military occupation by the neighbouring states, Italy and Yugoslavia, which were not authorized by the UN;
1.18. the Italian and Yugoslavian military occupation of the territory could be justified in some way during the period of the “Cold War”;
1.19. The Cold War ended conventionally in 1989 after the fall of the Berlin Wall (German reunification);
1.20. since 1989 there was no longer any historical factor to prevent the actuation and government of the Free Territory and Free Port of Trieste by a civil administration composed of native original Free Territory citizens;
1.21. in the Memorandum of Understanding of London in 1954, Italy agreed to administer the Free Port of Trieste, former Annex VIII, only with the first 20 of 26 articles of the “Instrument for the Free Port”.
1.23. Italy on reason of the international political situation (“Cold War”) from 1954 until 1989 could not legitimately administer the Free Port of Trieste but this does not affect the actual situation: from 1989 onwards they could, and should, have regulated the legal and administrative situation of the Free Port as from its “Instrument”.
1.24. The current Italian Port Authority in 2008 has rejected a project for modernizing the Free Port accompanied by a substantial international funding only because the project involved the implementation of the international law in force for the Free Port, using for this purpose the application of state-owned Italian laws;
1.25. the historical judgement issued by the supreme Italian court TAR No. 200902677 dated March 16, 2009 declares that from that date onwards the Italian laws will be applied to all intents and purposes on the territory of the Free Port, and thus remove the legal and factual ANNEX VIII and the TREATY OF PEACE WITH ITALY, and the most total international sovereignty of the territory, which lasted for 290 years;
1.26. this means that Italy denies having lost the Second World War in which it had implemented the most substantial ethnic cleansing in this territory;
1.27. the illegal appropriation by Italy of the international territory of the Free Port can be considered an act of war against the United Nations or against all signatories of the Treaty of Peace including the Free Territory;
1.28. the Italian port authorities systematically divert traffic of goods and people to other Italian ports, damaging the Free Port of Trieste that he is reduced today in a state of complete commercial and territorial abandon;
1.29. Italy has intentionally violated since 1954 all the 26 articles that make up the Annex VIII of the “Instrument” that is the Constitution and the guide line for the conduction of the international Free Port of Trieste;
1.30. We conclude that: the Memorandum of Understanding of London was not legal for the purposes of the law since it was signed on October 5, 1954 and thus all the agreements concerning the bilateral termination of the sovereign states of the “Free Port of Trieste” and “Free Territory of Trieste”, by the military and civilian administrations of Italy and Yugoslavia, made after that date shall be considered null and void.

Furthermore, the “Background” above determined that the Italian authorities may be considered illegal and harmful to the Free Port of Trieste, as well as being an impediment to the legitimate Free Territory and International administrators, to develop this extraterritorial land in an equal form for all nations of the world, both legally and in fact.

After these premises, it’s clear that there must be a fundamental mistake in the recent history of these lands and by our opinion it is coming the time to rectify this mistake, otherwise our port will not work even in a million years.

To understand if it’s possible to change this reality (unreality), we have evaluated all the options, and we came to the conclusion that it is not anymore acceptable to infuse – through political propaganda – disagreement factors between the different ethnic groups (Italians, Slovenians, Croats, Greeks, Serbs, Jews, Germans, Austrians , Slovaks, Czechs, Russians, etc..) who are living in this area, as well as refusing the responsibilities of managing the Free Territory of Trieste and Free Port of Trieste in a legal manner as required by their respective Statutes (see Annexes VI and VIII) where it can be easily understood that the laws are fair for all citizens of this State called Free Territory of Trieste and fair for all the the Nations that make up the United Nations Organization (UNO).

To change the current unsatisfactory situation there is one only way, that of the original citizens of Triest to take their responsibilies and govern their own territory that consists of the States of the Free Territory and of Free Port of Triest, as well as of the Security Council of the United Nations to take its responsibilities – as from the Statutes – in order to ensure the implementation of these two demilitarized and international territories and as the protector of those States.
Regarding this, the CommitteeFPT has itself constitutionally self-registered as an association of United Nations Nationals and as a member of the UN, to be the only organism carrying the rights to represent the Free Territory and Free Port of Trieste in the name of the original Free Territory citizens, with the aim to submit the issues of those two States to the Security Council and to carry out the possible solutions.

Moreover the CommitteeFPT as legal representative of the Free Territory of Trieste, which forms the permanent presidency of the “International Commission” under current law, Annex VIII, Article 21.2. has taken its responsibility to invite representatives of the nations that make up the same, to take their headquarters in the Free Port of Trieste in Warehouse 26 of the Old Port, in order together to perform the task of implementing the port.

In practice the CommitteeFPT believes that this Corporation of two States is a treasure for all the actors involved and therefore calls democratically to implement the Free Port and consequently the Free Territory of Triest as international and sovereign states. The advantages of the implementation of the existing law will certainly be of great importance for the international community and for our fellow citizens.

These benefits can be defined simply as:

1. To be a neutral and safe territory for all the nations of the world; for political, cultural and commercial meetings.
2. For international investments to start the reconstruction and construction of the Free Port of Triest with the possibility of extending the extraterritorial jurisdiction to the territory to the Port of Koper/ Capodistria and in this way to create a big port that will be competitive worldwide.
3. For economical growth and development of the Free Territory of Trieste and for the nations of Central Europe.
4. To guarantee a fair harbor for all vessels without discrimination of flag, loading and unloading of goods and people and prices for port services.
5. To be a direct economic resource for the Organization of the United Nations which operates in the world, for co-financing humanitarian projects.
6. For jobs guaranteed by law with the preference of employment for the original Free Territory citizens, in other words a future for our children.
7. For the possibility of fellow exiles to repossess abandoned property in Zone B of the Free Territory of Trieste or say to obtain justice.
8. For the possibility of repatriation for all Free Territory citizens, their children and grandchildren who were forced to leave the Free Territory of Trieste in the years of the Cold War, to obtain justice.
9. For an own legal and factual citizenship with the rights guaranteed by our Constitution.
10. To manage our country democratically without interferences from any other state.

We would like to conclude this presentation with an invitation to join the CommitteeFPT passively or actively, or to support it financially, because the Corporation of the International States of Trieste legally exists, but there also has to be the will of the people to turn this into reality.

Hoping that the Free Territory citizens and all the nations of the world do find themself in the spirit of the Committee, this will have the power to revive the port, the city and to make once again this territory free, rich, sovereign and international.

We all
are
the CommitteeFPT.

With kind Regards,

Marcus Donato
(chairman)

[click here to download the document as .pdf]

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