UN Security Council Resolution S/RES/16 (1947) is the first act regarding the independence of the Free Territory of Trieste and its international Free Port.
January 10th is the anniversary of UNSC Resolution S/RES/16 (1947). It is one of the two fundamental legal instruments, in force, that establish the Free Territory of Trieste and its international Free Port, together with the Treaty of Peace with Italy, signed on 10 February 1947.
With UNSC Resolution S/RES/16 (1947), annexes VI, VII and VIII to that Treaty of Peace were approved: they are about the FTT’s (current) provisional regime of Government, its Permanent Statute and that for the management of its international Free Port.
Article 3 of the Permanent Statute (Annex VI) establishes the demilitarization and neutrality of the new State, and entrusts its military defense to the UN Security Council itself, which in 1947 exercised it through the provisional Government, which, as for the present-day Free Territory of Trieste, means the Government of the United Kingdom and that of the United States.
In 1954, when the first British-US Government (AMG FTT) was disengaged after the signature of the Memorandum of Understanding of London, the Government of the United Kingdom and that of the United States split the temporary civil administration of the Free Territory of Trieste and its military defense: the first was entrusted to the Italian Government, the latter to NATO (LINK).
This means that the Armed Forces of the Italian Republic can only act within the Free Territory of Trieste on behalf of NATO, and in place of the UN’s blue helmets, therefore entrusted with the responsibility to defend the independence and the neutrality of Trieste.
Anyways, none of those agreements envisioned that the citizens of the Free Territory of Trieste would be subject to forced conscription (being demilitarized, the Free Territory cannot have its on Armed Forces) or to any other direct contributions to the military defense of their State within NATO forces.
Instead, preparing the foundations of the systematic simulation of the – non-existing – Italian sovereignty over Trieste, only a few years after taking office the General-Commissioner of the Italian Government allowe, by his own decrees, that citizens of the Free Territory di Trieste be drafted in the Italian armed forces, otherwise they were imprisoned: Italian propaganda concluded the task, convincing many Triestines that the question of the Free Territory of Trieste was ultimately closed, drawing thousands to emigrate or to obey; the few who were not fooled would be silenced by threats and retaliations.
This was a very serious violation of the fundamental rights of he citizens of the Free Territory of Trieste, deprived of their citizenship and forced to serve in the military of a foreign Country: the protection that should have been granted to the newly-established Free Territory of Trieste was used to attempt suffocating it, taking advantage of the international crisis of the Cold War.
Despite the end of the Cold War, and Italy having suspended military service, from 1957 to 2005 dozens of thousands of young men from Trieste suffered forced conscription, were deceived and deprived of their dignity, forced to swear an oath of loyalty to the State that was trampling over their rights. It is abuses that continue to our days, although in silence: when they turn 18, young men from Trieste are still added to Italian conscription lists, and they are at risk of being drafted in case of international crisis (LINK).
In September 2012 I denounced to public opinion the question of military service being forced in the FTT with post “Resisting military service” (LINK), which raise much interest. Since that first public denounce of this flagrant breach of human rights committed by administering Italian authorities, started a first class action of the citizens of the Free Territory of Trieste, represented by the Free Trieste Movement.
It was a requests for the compensation of the damages suffered by Triestines who had been forced to serve in the Italian Armed Forces and, despite many difficulties, hundreds joined this important legal action to redeem themselves from what, ever since they know to be citizens of another State, for many of them feels like an humiliation worth an occupation regime.
Such requests for the compensation of damages are serious accusations to the Italian Government, as well as to its representatives in Trieste: for instance, the very General-Commissioner (from 1963 a Commissioner of the Government in Region Friuli Venezia Giulia) who forced the young men of Trieste to serve in Italian armed forces extended to the administered Free Territory of Trieste also Italian Law No. 848/1957, no less than the ratification of the Charter of the United Nations (Official Bulletin of the General-Commissioner of the Government for the Territory of Trieste No. 31/1957).
At art. 25, the Charter of the United Nations, in force since 24 October 1945, sets that UN Member States to carry out “the decisions of the Security Council in accordance with the present Charter” thus including UNSC Resolution S/RES/16 (1947) and all rights of the Free Territory di Trieste that Italian administration has since long violated. Twice: once as Italian Government, then again as temporary civil Government entrusted wit the administration of the present-day Free Territory.
But this legal battle is important for one more reason: post Resisting military service was also page 42 in the file of case 840/14 (the trial against the citizens who demonstrated in defence of the Northern Free Port on 10 February 2014) with even the marks of Public Prosecutor Federico Frezza to highlight the most “subversive” paragraphs, however, in 2017 his interpretation was dropped thanks to law alone. No subversion (LINK).
The outcome of case 840/14 is an evidence that the citizens of the Free Territory of Trieste are protecting the rights of their State and of the whole international community over its Free Port by virtue of law alone: international law, the law of their own State, and even the law of the Italian Republic itself. Italian nationalistic lobbies, their corruptions and their mafias cannot prevail on the law recognized by the United Nations and by the legal systems of all States.
Post “Resisting military service” with notes from Public Prosecutor Frezza: