Draft Motion<br> by Marco Perduca

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The Transnational Radical Party

Recalling that in the preamble to its Statute, the Party proclaims rights and the law - including political rights and law of the Radical Party and that, in their observance, the Party identifies, the unequalled source of the legitimacy of institutions;

Reiterating the Transnational Radical Party's proclamation of the right to disobedience, to non-cooperation, to conscientious objection, to all the supreme forms of nonviolent struggle for the defence through life, of life, of rights and the rule of law.

Calling once again upon itself and upon every person who wants to hope in life, peace, justice and freedom, to fully respect and actively defend two fundamental laws, namely: The Universal Declaration of Human Rights, and the European Convention on the Rights of Man, as well as the Constitutions of the Countries which respect the principles contained in the two charts;

proclaiming the fundamental freedoms contained in the International Pact on civil and political rights which de facto codify a right to democracy recognised internationally by over 140 governments;

and, in particular, endorsing the Covenant's preamble which states that "the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms" and that "the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the Covenant" itself.

Denounces that:

- after 50 years of declarations, of international and regional treaties, of declarations of intent decreeing that all the world's governments should be obliged to respect the fundamental individual freedoms, after 50 years of political, legal, human as well as humanitarian indifference of those who do not apply these freedoms, who reduce them to mere verbose regulating declarations, i.e. non-laws, we must move from 'proclaimed' rights to applied rights, drawing strength from nonviolence and the use of democratic and liberal institutions, the only ones which were able to guarantee free, prosperous progress in the recent history of mankind;
- we are witnessing how, in the countries of continental Europe, democracy is being eroded in an alarmingly systematic manner, through the violation of lawfulness by the very state institutions which should, instead, guarantee it; this erosion of lawfulness has repercussions on the lives of millions of citizens and undermines the international credibility of Europe and its institutions;
- the sentences of the European Court of human rights are, in the vast majority of cases, disregarded and, therefore, become a dead letter, thus risking destroying an institution - the first one with jurisdiction on civil and political rights, and thus human rights - which, on paper, would have all the necessary characteristics for implementing the mandate it is entrusted to carry out;

the Transnational Radical Party, to launch an alternative to situations of alarming consolidation of institutional illegality of democratic States, and with the aim of organising a political struggle of those who believe in individual freedom and identify in the dialogue with institutions through the activation of mechanisms of lawfulness a necessary, but insufficient, tool for their political action,

affirms the need of a mobilization calling on international institutions, starting with those in Europe, to uphold their own principle of lawfulness so that the rule of law is imposed over the jungle of regulations, which is the true law of the jungle;

in this regard, the Transnational Radical Party welcomes the congressional debate on the document presented by the Committee of Presidents containing the political proposal for the possible developments of an organisation of democracies aimed at affirming and promoting democracy. {he Party is pleased with the choice of the definitive proposals (..)} and delegates Emma Bonino to present this proposal in the name of the Transnational Radical Party before the second meeting of the Community of Democracies to be held in Seoul from 10 to 12 November, in the hope that it can contribute to the debate concerning the representatives of the 107 governments as well as the hundreds of non-governmental organisations.

The Transnational Radical Party shall immediately follow up to the proposals advanced in Tirana and shall do its utmost so that, in the next few months, an action is launched aiming to ensure that an initial core of democratic countries may organise themselves so that the Santiago 2004 meeting of the Community of Democracies will have the characteristics of a summit of democracies which shall equip themselves, sharing the experiences and backgrounds which, from the post-war years up to today, have ensured that, in Europe and America, tools and mechanisms sanctioning the violation of fundamental human rights have been created with the aim of reviewing relationships between States and between the State and its citizens.

It is also to this end that the Transnational Radical Party hopes that a "European Radical Trans-party for the United States of Europe and America affiliated to the Transnational Radical Party" may be created in time for the 2004 European elections. This should be instrumental in opening new fronts of freedom and democracy to ensure the rule of law in all those countries that have decided to join the European Union - the first organisation of democratic countries - in order to formalise and strengthen the principles inspiring the Ventonene Manifesto.

The Transnational Radical Party launches and appeal to all citizens of EU member states and those of all acceding members which will be reached by this congressional motion, to take immediate action to create the necessary political, economic and financial conditions for setting up electoral committees for the European Radical Transparty for the United States of Europe and America affiliated to the Trasnational Radical Party. The 2004 European elections deadline is a first important occasion for launching the organisation, electoral aspects included, of those who believe that only by affirming historically natural rights and the rights of political democracy can individual conscience assert itself and thus allow the right to live and not to mere existence.