New analysis by Macedonian Professor Igor Janev against the messages of the leaders of the international community.
The Prespa Agreement violates human rights and freedoms, but also democratic rights and principles. According to the analysis of prominent experts and lawyers, this agreement is in complete contradiction to a number of the highest international legal acts, including charters, declarations and resolutions of the United Nations, UNESCO, the Vienna Convention, etc.
In other words, the Prespa Agreement is the most glaring example of how international law has been trampled under the influence of politics.
Igor Janev, professor of international law at the Institute of Political Studies in Belgrade, believes that the Prespa Agreement violates basic human rights and freedoms, but at the same time the agreement signed in Nivici violates other universal democratic rights and principles.
Professor Janev exactly points out that, in addition to human rights and freedoms, the Prespa Agreement violates the following 15 universal democratic rights and principles:
- the right to self-determination and self-determination of the people and the nation (UN Charter, Art. 1 and Art. 55), including non-discrimination for whatever reason;
- the right to possession and self-determination of one's own constitutional identity or the right to self-determination of the state (UN Charter, Art. 1 and Jus cogens);
- the right to sovereign equality and legal equality of the state in the UN and outside the UN (UN Charter, Article 2 Paragraph 1);
- the right to political independence and the right not to be made dependent on any other state or international organization (UN Charter, Article 2, paragraph 4);
- State right to non-interference through strict domestic jurisdiction (UN Charter, Article 2, Paragraph 7);
- the right to non-discrimination in membership of the UN and the UN system (Vienna Convention of 1975);
- the right to equal sovereign culture and the inviolability of cultural and national identities (Mexico, UNESCO, 1982 Declaration);
- the right to equality in cultural cooperation (UNESCO, Declaration of 1966);
- the principle of coming to terms with the past without any retroactive effects (jus cogens);
- the right to non-discrimination in membership of the UN (ICJ opinion of 1948 and resolution of the General Assembly of 1948);
- the right to independent choice of the state name and flag in the UN and their change (UN-internal rules, fundamental rights of the members);
- the right to full legal personality and subjectivity vis-à-vis the UN as an independent international legal entity (UN Convention on Privileges and Immunities);
- the right to inviolability of the basic symbols of the member states in: name, flag, coat of arms and anthem;
- the right to independence and equality in the UN Charter, with the UN itself acting as a party to the UN Charter alongside the UN members;
- the established right to independent choice of the people's own self-identification as the primary right. (jus cogens)
Macedonia was thus placed in a subordinate situation and the professor claims that, based on international law, Macedonia has the right to unilaterally terminate the Prespa Agreement and to inform the United Nations about it.
SOURCE: Nova Makedonija, "Преспанскиот договор прекршува дури 15 највисоки меѓународни правни акти", July 23, 2021
