*This document was filed by the Bureau, of the Parliament of the Hellenic Republic, on 19th July, 2019.
Author-Analyst, Historical Researcher. MSc, Med., National and Kapodistrian University of Athens
P a n-M a c e d o n i a n W o r l d U n i o n s
established in 25 Rogers Street, Dover NH 03820 USA
«TWELVE MAIN REASONS FOR THE CANCELLATION OF THE PRESPA AGREEMENT»
Romanos George (Author-Analyst, Historical Researcher. MSc, Med., National and Kapodistrian University of Athens)
Wednesday September 4, 2019, 7pm
Ceremony Hall of the Society for Macedonian Studies, Eth. Aminis St 2 Thessaloniki
Twelve legally substantiated reasons for the cancellation of the “Prespa Agreement” are concisely quoted:
a. on the basis of our national law, and our Constitution.
b. on the international principles of “Truth”, “Good Faith”, “Clarity”, and the Articles of the “Vienna Convention”, 1969, on the “Law of Treaties”.
1. The UN mediator Matthew Nimetz, since 1993, when he was entrusted with the RESTRICTED mandate to negotiate ONLY the “name”, has repeatedly violated it by eventually signing a “Strategic Agreement” for which he HAD NO competence.
2. The foundation stone of falsity is the allegedly recognition of the forged “Macedonian” language at the “Third International Conference on the Standardization of Geographical Names,” 1977. On the contrary, the relevant UN Resolution 17 / 3-7 / 9, 1977 states: “The applicable naming and the material presented in this publication do not imply the expression of any opinion on behalf of the UN Secretariat.”
3. The Secretary General of the UN, Mr. Antonio Guterres, has been constantly violating the international legal order because:
a. he has accepted at the UNO a joint letter from Greece and the Skopje State, referring to as "Northern Macedonia", with the two countries' coats of arms side by side, while not yet recognized by the UN.
b. So far he has not formally informed the international community whether he has sent his special report to the Security Council, as required by Resolutions 817 and 845 of the Security Council itself, and as pressingly demanded by the Russian Foreign Ministry,
c. He has been posting daily, since February 2019, in the top positions of the website of the unric.org website, but with a current (!) date, an old declaration ending as follows: “...the United Nations Protocol Office announces the Official Change inside the UN, from Former Yugoslavian Republic of Macedonia to the new name of Northern Macedonia, etc.”
Since this applies only “inside the UN” it is not known what the name of this country is outside. The official decision of the Security Council, and the official UN resolution recognizing the state of Skopje under the new name with stamps and protocol numbers has not been announced.
4. The overwhelming majority of the Greek people’s demand for a referendum equivalent to the one held by the Skopian was blatantly ignored. Thus the:
a. the fundamental article 1, paragraphs 2 and 3 of the Greek Constitution, and
b. the UN Charter, Article 2 paragraph1, which recognizes the equality of its Member States were infringed.
5.Mr. Nikolaos Kotzias, the Greek Foreign Minister, who illegally signed the “Agreement” pursuant to Article 2 of Law 3566 (Government Gazette A, 117 / 05.06.2007) on the “Ratification as a Code of the Organization of the Ministry of Foreign Affairs”, had the restrictive powers mentioned therein, which do not include the conclusion of international treaties and for this it requires special authorization under Article 5b of the same law.
There was no law ful government action taken on this.
Furthermore, the Greek justice or the UN legal service has never examined the ministerial accusations for bribery against Mr. Kotzias, as well as the allegations of bribery against MPs. Similarly, international allegations of bribery, blackmailing, threats and violence in the state of Skopje were not investigated. All these violate the 1969 Vienna Convention.
6. With regard to International Law, in conjunction with Articles 6, 7, 26, 27 and 46 of the Vienna Convention, 1969: a State may in exceptional cases invoke a provision of its domestic law invalidating a convention-agreement if there are violations. This is done by a government verbal note of disputes at the UN, by which Greece can challenge the “Prespa Agreement”.
7. The current government can stop the further progress of the “agreement” at the UN because the UN Security Council Resolutions 817 and 845 provided for only one dispute the one related to the “name”, and not to the attribution of “Macedonian language” and “ethnicity” to the Skopje people.
The “Prespa Agreement” as a bilateral transnational agreement can be denounced at any time in the future and challenged as annullable, also due to breaching of Articles 36 par. 1 and 35 par. 1 of our constitution about the duties of the President of the Republic that were violated. Furthermore, the “agreement” can also be considered as expired, as the deadline expressly set by it until the end of 2018 has expired without Skopje having completed their constitutional reforms.
8. The referendum held in the state of Skopje is invalid as only 36.8% of the citizens participated and not more than 50%, as required by their constitution.
9. The President of the State of Skopje, Mr. Giorgi Ivanov, HAS NEVER signed the “agreement” which is therefore null and void.
10. The overdue constitutional reforms in the constitution of the Macedonian state are on purpose incomplete; they perpetuate the pseudo-irredentism, and have been notified by a provocative illegal verbal diplomatic note to Greece. This verbal communiqué does not, however, bear the signature of Mr. Giorgi Ivanov.
11. In commercial matters, the resolution is referred to a depth of a five-year period, without a clear and mandatory legal procedure, but a voluntary one. This constitutes a use of misleading terms, and an element of deception which are prohibited by the international principles of Lucidity, Good Faith, and by the Vienna Convention of 1969.
12. The Skopje State, has to this day, repeatedly used the name “Macedonia” exclusively, without the “North”, violating the erga omnes. Related issues of maximum importance are:
a. the irredentist symbols against Greece existing on their banknotes and coins.
b. The tens of thousands of Skopje passports marked “Republic of Macedonia” printed in Skopje a few days before the “agreement” was signed,
c. The contents in the lyrics of their National Anthem.
d. Since its signing until today, the “Prespa Agreement” has been violated by Skopje in more than a hundred cases, and the Slavo-Albanian-Boulgarian-Turk-Roma inhabitants of the region have annulled it in practice. This “Agreement” therefore no longer complies with the provisions of the, 1969, Vienna Convention on the “Law of Treaties”, and is in effect invalid.
It is obvious that a committee of jurists and ethnologists of specific purpose may detect as well, other causes of cancellation, further to those mentioned herein for indicative and summary purposes. It is a given fact that the “Prespa Agreement” violates our national and the international law principles mentioned above and as well a number of universally accepted treaties related to human rights.
In conclusion, since the issue is not only legal and political, but primarily moral and national, we believe that two things are undeniable: that the Greek people will never forget and forgive the signing and maintenance of this oppressive “agreement”. They will never stop fighting and sacrificing themselves, if needed, for the, over than 3.000 years, one and only Macedonia which has been Greek.