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27.04.2009. Resolution
of the First World Congress of Subcarpathian Ruthenians.
Pardubitse, Czech Republic.
PREAMBLE
At the end of the First World War "Ruthenians
to the south of the Carpathians", along with other Slavic people of the former Austro-Hungarian monarchy, having
obtained the right to self-determination, became a subject
of international law. At the same time, in 8.01.1918, U.S.
President
Woodrow Wilson proclaimed well-known 14-point conditions of
the beginning of the truce with the enemies of The Principal
Allied,
especially with Germany and Austro-Hungary.
In paragraph 10 stated that the people of
the Habsburg monarchy, including Ruthenians, should be able to
obtain full independence. In the 23 of October 1918, "Ruthenians
to the south of the Carpathians" were included to the "Union of enslaved people of Europe" and by its decision recognized as an individual nation with the right to self-determination.
In the history of law, subjectivity has never been of a first
or second class. International law does not divide the sovereignty
of the people by rank "great", "less
than great", or "small." International practice knows several ways to implement the people’s right to
self-determination: the creation of an independent state, free
association to another independent State or association with
it, or granting any other political status freely determined
by the people. Sovereignty, as we know, exists only within
the nation - a single and indivisible, inalienable and inviolable.
Decision of the Ruthenians, as expressed in the resolution
of Central (Ruthenian) People's Parliament in Uzhgorod in the
8th
of May 1919 "on
behalf of all the people" had fully supported the proposal of American Hungarian-Ruthenian Council to
join the people of Czechoslovakia, on the basis of "full national autonomy". So it was made in the peace treaty of Saint-Germaine in September 10, 1919,
which stated that "the territory of the Ruthenians to the south of the Carpathians" would join Czechoslovakia, with the proviso that it would provide the highest
degree of autonomy to the Ruthenians, while preserving the unity
of the Czechoslovak State. "So way, using the right to self-determination, Ruthenians, existing at the time
of historical realities, voluntarily, without coercion, joined
the Czech Republic as a "self-governing territory, given the broadest autonomy compatible with the unity
of the Czechoslovak Republic, so that the part of their sovereign
rights was delegated to the central Prague government". However, this in no way meant that they were refused or deprived of their sovereignty. Hungary, in turn, in 1920, at the signing
of the treaty in Trianone in the Art .4 also stated, that "Hungary recognized for its part, as it was already done by The Principal Allied
and Associated Powers, the full independence of Czechoslovakia,
which included an autonomous territory of the Ruthenians to the
south of the Carpathians". "Subcarpathian Ruthenia' (the name
was introduced by the decision of the General Charter of 16
November 1919 and included in the CHSR Constitution, adopted
in 1920),
became part of Czechoslovakia. Ruthenians, with their territories,
joined the CHSR as people with the right to self-determination,
with a special status of the constitutive nation on equal terms
with the Czechs and Slovaks. Subcarpathian Ruthenia gained
international recognition, and its position was not disputed
thereafter.
In 1938, Subcarpathian Ruthenia became an autonomous part of
CHSR, headed by the Prime Minister and the Government, with the
subsequent election of Parliament, as a state formation and independent
nation. The Second World War disrupted the process of Ruthenian
statehood.
The central Czechoslovak government, by signing in Moscow in
June 29, 1945 "Treaty
between the USSR and CHSR on Transcarpathian Ukraine," "had no right to unilaterally decide the fate of Subcarpathian Ruthenia providing
the fact that it did not possess absolute jurisdiction in the
territory, according to CHSR Constitution."
International law allows for secession in agreement between all
parties concerned, i.e. voluntary consent, and in accordance
with international law. However, during the negotiations and
signing of the treaty in Moscow there was no third subject of
international law - Subcarpathian Ruthenia, which in this case
was presented as not a subject, but merely an object of international
law.
At the time of signing of the treaty, there were serious breaches
of the protocol. Czechoslovak signatories, Prime Minister Z.
Firlinger and the State Secretary of Ministry of Foreign Affairs
CHSR B. Clementis had no actual authority to the signing of the
treaty, as E. Benes who had authorised them was not President
of CHSR at the time, according to the Constitution. We know that
in 05.10.1938 E. Benes perfectly legally refused the post of
President of CHSR, and has never been constitutionally elected
to this post. Art. 2 of the treaty provided ratification
by the Presidium of the Supreme Council of the USSR and the National
Assembly of the CHSR. Czechoslovak side ratified the agreement
by the Provisional People’s Assembly, which was not elected but
appointed by decree of E. Benes, who had no constitutional right
to approve the decision to change the borders of State and transfer
part of its territory to another State. This fact was well understood
by then Prime Minister of the CHSR Firlinger. In his speech on
the signing of the treaty, he said he was confident that the
National Assembly, which in the near future would be elected
based on universal suffrage, would unanimously ratify this agreement. International law regulates the expression
of the people’s will in state ownership as the expression of
will in the form of a plebiscite in accordance with all the appropriate
conditions for its implementation, in particular, absence of
the occupying forces in the territory during the plebiscite.
The reference to the treaty of 1945 on the freely expressed
will of the people of Subcarpathian Ruthenia about secession
from
CHSR and accession to the USSR, was described in the" Manifest
of the First Congress of People's Committees ". It was adopted in Mukachevo in 26.12.1944. As the matter of principle, it could
not express the will of the people either in its form or in
content. This procedure was carried out during the
war, in the territory occupied by a foreign army, in the "military field." Indeed Mukachevo in 26.11.1944 was located
in a zone of combat operations, the 4-th Ukrainian Front, i.e.
in circumstances where the military leadership of the occupation
army assumed full control and functions of supreme power. This
caused suspension of civil rights.
In this situation, it does not make any sense to talk about
the legitimacy of the procedures for the free will of the people
to determine their political status. No State has a right to
abandon their citizens and "collectively" pass
them to anyone without the agreement of each individual citizen.
The Protocol (Annex to the Treaty), allowed the optation only
to persons of Czech and Slovak nationality, while the indigenous
population of the province - Ruthenians, who were simply not
mentioned, were deprived of this right, i.e. there has also
occurred discrimination on ethnic grounds.
It is important to note that the Treaty of Moscow "On
the Transcarpathian Ukraine" was signed between the CHSR and the USSR. Although at that time representation
of Ukraine (Clause 5 Art. 72 of the Constitution of Ukraine)
provided the right for an international relations, and the
Presidium of Ukraine (Clause. 13 Art. 108) had had jurisdiction
to ratify
international treaties. Nevertheless, Ukraine had never signed
the treaty, and at its signing, Ukrainian diplomats were not
even present.
Foreign doctrine agrees that for the smooth implementation
of international treaties into domestic legal framework, rule
of
law (decree) should not have more power than the standard deed
and should comply with the treaty rules. None of the parties
to the treaty "have
the right to narrow or cancel their regulations, or any obligations
included in existing international deeds." However, in violation of international law,
the decree of the Presidium of the USSR Supreme Soviet Council
in 22 January 1946, unilaterally eliminated the subject of international
law Subcarpathian Ruthenia (or Transcarpathian Ukraine), recognized
by the international community and established in St.-Germaine
and Trianone peace treaties.
In fact, Subcarpathian Ruthenia was transferred to the USSR only
in the interim administration, which has prompted the Presidium
of the Supreme Council of the USSR in Jan. 22, 1946 issue a decree
on inclusion of the Transcarpathian region in the USSR, before
the exchange of instruments of ratification.
During the period of the Soviet Union, "...
the Union of free republics inviolable", Subcarpathian Ruthenia belonging to Ukraine did not matter much. Nevertheless,
since the declaration of independence of Ukraine the situation
has changed. The status of Subcarpathian Ruthenia or "Ruthenian question" should have been immediately included in the legal sphere of Ukraine.
The Constitution of Ukraine in Article 9 provides comprehensive
list of international legal norms forming part of the national
legislation of the country, with the force of international treaties
of Ukraine, consent to be bound by was given by the Supreme Council
of Ukraine. "But since, as stated above, the
treaty on the Transcarpathian Ukraine" as a subject of international law was signed by the USSR, not by Ukraine, in
accordance with Article 7 of the Law of Ukraine on Succession
of Ukraine", Ukraine is the only legal successor of the USSR treaties, which were agreed
to be bound by the Supreme Council of Ukraine. In other words, treaty, which is not accepted
by the Supreme Council of Ukraine, is not a "part of the national legislation of Ukraine" and regarded in no effect with respect to Ukraine. So far, there is no officially published Act
to be bound by an international treaty on "Transcarpathian Ukraine" by the Supreme Council of Ukraine, and, therefore, the given treaty is not valid
for independent Ukraine. In this regard, any relationships that
have emerged between Kiev and the territory of the "Ruthenians to the south of the Carpathians ", since the proclamation of independence of Ukraine are illegitimate.
In this situation, of course, the best solution for the government
of independent Ukraine would be prompt ratification of the
treaty "On
the Transcarpathian Ukraine," Amendment of the Constitution of the changes, i.e. acceptance of the will of
the people in a referendum in 1991. However, the political leadership of Ukraine
is trying to solve the Ruthenian issue by administrative- repressive
methods. Deliberately distorting the situation, the political
circles of Kiev represent Ruthenian national movement as unreasonable,
imaginary and illusory, labelling it as "political Ruthenism, Ruthenian separatism", directly threatening Ruthenian activists of persecution, according to the developed
at the state level "Plan of ethno liquidation of Ruthenian people" Categorically refusing to acknowledge the
right to self-determination, freedom of will for the Ruthenian
people (Subcarpathian Ruthenians), (available to them since
1918, and expressed in a referendum in 1991, when 78.2%
population
of the province opted for the status of "special self-governing administrative territory"), the government of Ukraine, in fact, withdrew from solving the "Ruthenian question", which is a crime itself. Theoretical grounds of this policy are the "State Plan of actions …" which would solve the Ruthenian question from the perspective of Ukraine. Moreover,
during over 16 years of independence, Ukraine pursued a policy
of cultural ethnocide and elements of genocide in terms of
destruction of the habitat of Ruthenians:
1) There is pernicious by its consequences, and continuous clear-cutting
of the Carpathian woods, inappropriate use of mineral water,
and rare minerals;
2) The area for centuries is being polluted with heavy metals
of the lead-zinc ores enrichment plant in Muzhievo, and dumping
of toxic industrial waste from Europe ;
3) An active, hard-working indigenous Ruthenian population is
being pushed abroad by poverty and disempowerment. About 300
thousand employable Ruthenians are forced to seek a source of
living for their families outside Ukraine. Each year over 5000
of Ruthenians emigrate to other regions and countries, which
causes the decrease in the number of indigenous population;
4) The new generation is being brought up without knowledge of
the Ruthenian culture, without parental care, living in the environmental
disaster of the Chernobyl zone, genetically modified and exported
products, mostly smuggled and expired;
5) There is being implemented a policy of assimilation of Ruthenian
people, forced Ukrainization, which systematically destroys
Ruthenian language, traditions and culture. There is no education
in native
language in Transcarpathian schools, no Ruthenian department
in Uzhgorod National University , and the term "Ruthenian" is
prohibited;
6) Government pursues a consistent policy of lowering the number
of Ruthenians living in the province;
7) There is the consistent prosecution of spiritual leader of
Subcarpathian Ruthenians father Dimitry Sidor and other Ruthenian
leaders.
The ongoing policy of Ukraine to "solve
Ruthenian question" compels us to make a declaration on behalf of the 1 World Congress of Subcarpathian
Ruthenians to the world, Ruthenian Diaspora, all Ruthenians
in scattering, the international community to support the implementation
of the Ruthenian people and, most importantly, to stop ethnocide,
and save Ruthenian people. DECLARATION
We, the Ruthenian people, the delegates of the 1 World Congress
of Subcarpathian Ruthenians, based on Saint-Germaine treaties,
appeal to all the Ruthenian Diaspora, all Ruthenians in scattering,
the whole world, the Heads of States, parliaments, governments.
In the name of the Ruthenian people save us from extinction,
help us to support statehood of the Republic of Subcarpathian
Ruthenia, as the mother state of all Ruthenian world, restored
in 1 Dec. 2008.
We see the future of our state and its immediate objectives in
this format:
Name of the State is the Republic of Subcarpathian Ruthenia.
Political system is a parliamentary republic. The capital of the Republic of Subcarpathian
Ruthenia is the city of Uzhgorod (Mukachevo). National symbols are tricolour flag, with
the emblem of a red bear. Constitutional Law 328 of 22 November 1938. The national anthem of Ruthenians is the one
adopted by Subcarpathian Ruthenia in the pre-Soviet and pre-Ukrainian
time.
Republic of Subcarpathian Ruthenia is the mother state of the
Ruthenian world. Currency Unit is one tys. Official languages are Ruthenian, Russian. Regional languages are Hungarian, Romanian,
and Ukrainian. The lines of delimitation of borders with
the Republic of Subcarpathian Ruthenia with Poland, Slovakia,
Hungary and Romania are drawn based on the USSR borders. The borders with the Ivano-Frankivsk and Lviv
regions of Ukraine are held according to the delimitation line
with Poland and Czechoslovakia before 29 June 1945.
Republic of Subcarpathian Ruthenia recognizes statehood of Ukraine,
Abkhazia, Ossetia, and Transnistria. Time is Central European Time. Double citizenship is allowed in the territory
of the Republic of Subcarpathian Ruthenia. Citizens without the citizenship of the Republic
of Subcarpathian Ruthenia are seen as foreign. Foreigners need to obtain visas at the relevant
consular offices in the country of citizenship. In addition, Ruthenians of Subcarpathian Diaspora
living outside Subcarpathian Ruthenia, will need to obtain an
ethnic passport. Republic of Subcarpathian Ruthenia has no
territorial claims against other States, guided by the principle
of good relations with neighbour countries
Taxation - Tax 3%, no VAT for enterprises.
There is an implemented «Subcarpathian Ruthenian economic doctrine».
The entire territory of the Republic of Subcarpathian Ruthenia
is a "FREE
TRADE ZONE" During 18 years of illegitimate ruling in
the territory of TR Ukraine caused damage of 23 billion Euros.
All citizens have the right to free higher education.
All citizens are entitled to free medical care.
All citizens have the right to free Internet access.
All rights of national minorities in the Republic of Subcarpathian
Ruthenia will be guaranteed under the European Convention of
the Rights of National Minorities.
Illegally privatized by Ukraine real and personal property of
the Republic of Subcarpathian Ruthenia will become the property
of the Republic of Subcarpathian Ruthenia, without any obligations. All international treaties relating directly
or indirectly to Subcarpathian Ruthenia, signed after October
1938, will be subject to ratification by Parliament of SR. Without
the ratification, such treaties will not be included in the legal
sphere of SR and have legal effect.
The status of Subcarpathian Ruthenia will be demilitarized zone
with international guarantees to protect the integrity of its
borders.
Republic of Subcarpathian Ruthenia intends to join the Eurasian
Economic Community and the ruble zone, as well as the Collective
Security Treaty.
State property - land, forests, water, gas transit system and
infrastructure that illicitly became the property of Ukraine
will be immediately returned to SR, without any ransom, compensation
and any other obligations on the part of Subcarpathian Ruthenia.
The Ukrainian state property in the RSR, as well as all the land,
all the transit facilities: GTS (gas-transit system), other product
transit lines, rail, roads, power lines with all the infrastructure
will be transferred to the republican, city, district and rural
authorities of the Republic.
All transit agreements signed earlier by the Ukrainian side in
relation to the transit infrastructure of Subcarpathian Ruthenia
will be subject to cancellation and renegotiation by Subcarpathian
Ruthenian side.
All the earlier agreements on the full range of issues related
to the transit of gas from Ukraine in the Republic of Subcarpathian
Ruthenia through GTS and further transit to the EU in all three
areas of transit to Slovakia, Hungary, and Romania will be renegotiated.
After renegotiation, all the contracts will be carried out without
interruption in the supply and the volume of the delivered gas. Ukraine and all intermediary structures will
be entirely excluded from the scheme of payments for gas transit
through the territory of the Republic of Subcarpathian Ruthenia:
the entire gas transfer system will be absolutely transparent
and predictable.
Subcarpathian Ruthenian state-owned operators of gas transit
will ensure the independence of the legal, institutional, reporting
and decision-making spheres. Treaty on the transit of electricity through
the Republic of Subcarpathian Ruthenia from Ukraine, and from
Slovakia to Hungary and Romania, signed before by the Ukrainian
side, in relation to transit infrastructure of Subcarpathian
Ruthenia, cease to be valid and must be renegotiated by Subcarpathian
Ruthenian side.
Former Uzhgorod Branch of the Lvov railway will be renamed to
Subcarpathian Ruthenian, and it will be transferred to state
ownership of Subcarpathian Ruthenia. Issues related to tariffs, development of
railway infrastructure in the RSR, the design and construction
of new lines, funding for all projects, including funding for
the modernization of railway infrastructure, would be taking
place according to the Government of RSR.
The entire road network of Subcarpathian Ruthenian public roads,
the international transport corridor 5 via Chop are of international
importance and are the link between EU, Russia, and the European
network of highways from Slovakia, Hungary, and Romania, and
they will be transferred to state ownership of Subcarpathian
Ruthenia.
Any damage to the transmissible property belonging to the Republic
of Subcarpathian Ruthenia will be considered a serious crime,
prosecutable in the transition period by Ruthenian People's Tribunal. Government Commission of the Republic of Subcarpathian
Ruthenia will take all the necessary steps to comply with the
all the policies regarding transmissible property, to determine
what exactly must be transmitted and the size of such property.
There will be an accurate inventory and strict protection of
all property with all the infrastructure, etc.
All cases of extremism and persecution of Ruthenians, Hungarians
and other ethnic groups based on nationality in the period of
1938-1945 -2009 will be investigated.
1World Congress of Subcarpathian Ruthenians empowers Government
of the Republic of Subcarpathian Ruthenia, which was elected
on the Second European Congress of Subcarpathian Ruthenians,
for the implementation of the decisions of the 1World Congress
of Subcarpathian Ruthenians. House of Government of the Republic of Subcarpathian
Ruthenia will be placed in Nineteen, Pravoslavnaja Naberezhnaja,
Uzhgorod |
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