Liberland

Free Republic of Liberland
Micronation
Flag
Coat of arms
Motto: To live and let live
Anthem: "Free and Fair"[1] & "Victory March to Glory Land"[2]

Location of Liberland

Location of Liberland
Capital Gornja Siga (de facto)
Official languages English[3], Czech[3]
Organizational structure provisional government chaired by president
• President
 Vít Jedlička (founder)
Establishment
• Established
 13 April 2015 (2015-04-13)
Area claimed
• Total
 7 km2 (2.7 sq mi)
Purported currency Merit[4]

Liberland, officially the Free Republic of Liberland, is a micronation claiming an uninhabited parcel of disputed land on the western bank of the Danube, between Croatia and Serbia. It was first proclaimed on 13 April 2015 by Czech right-libertarian politician and activist Vít Jedlička.[3][5]

The official website of Liberland states that the nation was created due to the ongoing Croatia–Serbia border dispute.[6][7][8] There has been no diplomatic recognition of Liberland by any country from the United Nations.

Location

The territory claimed by Liberland is situated at the largest green-colored land parcel, marked as "Siga" on the map. Due to differences in the border definitions, the yellow-colored parts to the east are claimed by both Serbia and Croatia. Croatia asserts that the green parts are part of Serbia, but Serbia does not claim them. This led Jedlička to assert that the green parts have remained unclaimed by both sides.

Since the Yugoslav Wars, some borderland territories between Serbia and Croatia have been disputed, such as the Island of Vukovar and the Island of Šarengrad; multiple news sources have reported that both Serbia and Croatia claim ownership of the land Jedlička has targeted.[9][10] Jedlička, however, says that the land he has claimed, known as Gornja Siga (meaning upper tufa), was not claimed by either side.[3][5][7]

The area is about 7 square kilometres (2.7 sq mi), and most of it is covered with forests. There are no residents. A journalist from Parlamentní listy who visited the area in April 2015 found a house that had been abandoned for about thirty years, according to people living in the vicinity. The access road was reported to be in a bad condition.[11]

The Danube, an international waterway with free access to the Black Sea for several landlocked nations, runs along the self-proclaimed territory.

History

Proclamation

The flag raising in Gornja Siga was performed by Vít Jedlička and some of his associates on the same day the republic was proclaimed.[12][13] The flag consists of a yellow backdrop (symbolizing libertarianism) with a black stripe running horizontally through the centre (symbolizing anarchy/rebellion) and the coat of arms in the centre.[14][15] Jedlička is a member of the Czech Party of Free Citizens, which bases its values on the classical liberal ideology.[7]

Jedlička stated that neither Serbia, Croatia nor any other nation claims the land as its own (terra nullius). The border, he argued, was defined in accordance with Croatian and Serbian border claims and did not interfere with any other state's sovereignty.[3] Jedlička said in April 2015 that an official diplomatic note would be sent to both Croatia and Serbia, and later to all other states, with a formal request for international recognition.[16]

On 18 December 2015, Jedlička held an event at which he presented the first provisional government of Liberland and its ministers of finance, foreign affairs, interior and justice as well as two vice presidents.[17]

Reactions

Legal experts in both Serbia and Croatia have said that, under international law, Jedlička lacks the right to claim the area, which is currently the subject of a dispute between the two nations.[9][10][18] Journalists have been uncertain as to how serious Jedlička is about his claims, with some calling it a publicity stunt.[19][20]

In an interview with Parlamentní Listy in April 2015, Jedlička claimed that he had received positive reactions for his initiative, mainly from his own party the Party of Free Citizens, for which he was a regional chairman,[21] but also from some members of the Civic Democratic Party and the Pirate Party.[12]

On 20 May 2015 Petr Mach, the leader of the Party of Free Citizens, expressed support for the creation of a state based on ideas of freedom, adding that the Party of Free Citizens wants the Czech Republic to become a similarly free country.[22]

Dominik Stroukal from the Czech-Slovak branch of the Ludwig von Mises Institute wrote: "The escapade succeeded for Vít. The whole world reports about Liberland with words like 'tax competition', 'libertarianism', etc."[23]

Goran Vojković, professor of law and columnist from the Croatian news portal Index.hr, described Liberland as a "circus which threatens Croatian territory", and argued that there was a risk that Croatia's claim to control land on the other side of the Danube may be weakened by the attention that the Liberland project has drawn to the border dispute.[24]

Liberland is a curious case because, in principle, none of the actors that could claim control over it seems interested in doing so. But this will probably remain a curiosity with negligible consequences at the international level. For the rest of the world's disputed territories, violence and diplomacy will remain the main tools to claim ownership.
— Stratfor[25]

University lecture

On 20 April, Jedlička delivered a lecture at the Prague School of Economics, titled "Liberland – how a state is born" (Czech: Liberland – jak vzniká stát). He discussed various aspects of the project and the interest it has attracted around the world. One topic that he brought up was the Montevideo Convention; he explained that Liberland intended to satisfy the principles of the convention, which is commonly used to define a state. At the time of the lecture, the Liberland project had assigned ten people willing to handle foreign relations.[26]

Other topics covered in the lecture included the concept of voluntary taxation and how the large number of citizenship applications had made it necessary to restructure the citizenship process to be more effective, since it was only based on an e-mail account. A plan to organize some type of event where everything is sold tax-free was mentioned, and Jedlička submitted that Croatia would not be able to prosecute them because the country had stated that the area is not within its jurisdiction.[26]

Access

Croatian authorities have frequently blocked access to the area since the beginning of May 2015.[9] Vít Jedlička was twice detained for less than a day by Croatian authorities in the same month.

Croatia has deployed police units to prevent Liberland staff and supporters from reaching the area.[9]

Initially, Czech reporters were able to enter the area with Jedlička.[11] A team of journalists from the Serbian public broadcast service Radio Television of Vojvodina attempted to visit the area to make a news report. They reported that the Croatian border police denied them access without providing any clear explanation, and told them the flag had been taken down.[27]

A Bosnian group of journalists from Dnevni Avaz who attempted to visit the area were told by Croatian police that Croatia enforces a fine of kn 2,500 for those that enter the zone near the border with a car. They borrowed bicycles from a local, but as they attempted to reach the area again, they met another patrol, and they couldn't continue past the border gate.[28]

In May 2015, Vít Jedlička and his translator Sven Sambunjak were shortly detained by Croatian police after making an attempt to cross the border. Jedlička spent one night in detention and then was convicted and ordered to pay a fine for illegal crossing of the Croatian border[29] but appealed the verdict. He claimed that there were at least three Liberland citizens inside the area, who came from Switzerland.[30] He didn't view the arrest as something negative, but rather as an opportunity to discuss politics and get insights on the thoughts among those who work for the Croatian police and government. According to Jedlička, the police officers were friendly and curious about the project.[31][32][33]

A few days after his detention, six other people (from the Czech Republic, Ireland, Germany, Denmark, and the US) were detained and fined. A complaint to the Danish Embassy in Zagreb was made because they allege they were prevented from contacting anyone during the apprehension and detention. Their goal, under the auspices of the Swiss non-profit organization Liberland Settlement Association, was to settle the disputed area.[34]

According to the Liberland website, Jedlička and 10 other people were detained again 16 May 2015 by Croatian police. Jedlička was released after a court hearing 17 May 2015.[35]

Croatian police have continued detaining anyone that entered the area.[36] On 13 June 2015, four people who managed to land on the beach were detained for illegal border crossing by boat, and brought before court the next day.[37]

On 18 June 2015, Danish activist Ulrik Grøssel Haagensen accessed the area in a small boat and was followed onto land by Croatian police. Haagensen claimed he had the right to access the territory, but was arrested, dragged off, and placed in a Croatian police vessel. The incident was caught on video. Jedlička stated his intention to bring Croatia to court for crossing an international border and invading Liberland.[38][39]

Several appeals court decisions from Croatia were published in early May 2016. The court upheld that crossing into Liberland from Croatia is illegal, but found the convictions for entering Liberland from Serbia improper. The court said that the lower court committed "a fundamental breach of misdemeanor proceedings" and "essential procedural violations". It further ruled that "the facts were incorrectly and incompletely established [by the prosecutor] which could lead to misapplication of substantive law". A retrial was ordered in 6 of the 7 appeals. The lower court is required to determine the location of the border and the border crossing.[40]

Legality

Some legal experts in both Serbia and Croatia maintain that Jedlička's claim lacks legal basis, and multiple sources have reported that both Serbia and Croatia dispute ownership of the land Jedlička has targeted.[9][10] Croatia and Serbia have dismissed Jedlička's claims as frivolous, although the two countries have reacted in different ways. On 24 April 2015, the Serbian Ministry of Foreign Affairs stated that while they consider the affair a trivial matter, the "new state" does not impinge upon the Serbian border, which is delineated by the Danube.[41] Croatia, which currently administers the land in question, has stated that after international arbitration, it should be awarded to Croatia or Serbia, not to a third party.[42]

An article in Chicago Journal of International Law, the law review of the University of Chicago Law School, examined Liberland's claim to statehood in light of the criteria laid out by the Montevideo Convention. According to the author, "Croatia’s insistence that Liberland is part of Serbia could constitute a renunciation of Croatia’s legal rights to Liberland. Conversely, if the territory that Liberland claims as its own is Serbian, the Serbian government’s renunciation of its title to that land could also be a quitclaim that would transform the legal status of the land to terra nullius. In both instances, the territory would belong to the first entity —in this case Liberland— to claim it.”[43]

Citizenship

Liberland Citizenship Certificate

According to its official webpage, Liberland is currently looking for people who have respect for other people and respect the opinions of others, regardless of their race, ethnicity, orientation, or religion, have respect for private ownership which is untouchable, and have not been punished for past criminal offences.[44] Liberland received 200,000 applications in a week.[45] In the beginning of May 2015, Liberland accepted around thirty citizens. An event was supposed to take place in the claimed territory, but Croatian border police stopped the group from entering it from the Croatian side. An attempt to cross the river with fishing boats from Serbia failed because the local fishermen didn't have permits for transporting people with their boats. Serbian police informed Jedlička that anyone trying to cross the border illegally would be arrested. An improvised ceremony was instead held in Bački Monoštor.

A constitution has been drafted and revised several times. The draft consists of four chapters. It includes a Bill of Rights and regulates the public administration, the political institutions, the legislative power, and the judicial power.[46]

Recognition

There has been no diplomatic recognition of Liberland by any member of the United Nations.

Official statements from states

Official statements from political parties

In 2015, several minor freedom parties with no elected representatives at their national level, expressed support for the creation of Liberland. They are the Capitalist Party in Norway,[55] the Libertarian Party (Spain),[56] The Swiss Independence Party up! (Unabhängigkeitspartei)[57] and the Liberal Democratic Party (Turkey) (LDP).[58]

Statements from other micronation projects

A few micronations have expressed support for the idea of Liberland.

See also

References

  1. ↑ "Free and Fair - Liberland National Anthem". YouTube.
  2. ↑ Quito, Anne. "The world's newest micro-nation is already a leader in nation branding". Quartz. Retrieved 2016-06-09.
  3. 1 2 3 4 5 "Liberland.org – About Liberland". liberland.org. Retrieved 15 April 2015.
  4. ↑ "Jedličkův Liberland má novou měnu i první firmu v rejstříku, občanství chce 87 tisíc lidí". Aktuálně.cz - Víte co se právě děje. Retrieved 2016-06-09.
  5. 1 2 Nolan, Daniel (25 April 2015). "Welcome to Liberland: Europe's Newest State". Vice News. Retrieved 25 April 2015.
  6. ↑ "Balkans: Czech man claims to establish 'new state'". BBC News. Retrieved 17 April 2015.
  7. 1 2 3 Martínek, Jan (15 April 2015). "Člen Svobodných vyhlásil na území bývalé Jugoslávie vlastní stát" (in Czech). Novinky.cz. Právo. Retrieved 15 April 2015.
  8. ↑ "Čech si medzi Srbskom a Chorvátskom založil vlastný štát" (in Slovak). sme.sk. TASR. 15 April 2015. Retrieved 15 April 2015.
  9. 1 2 3 4 5 "Police in the Balkans block inauguration of Europe's new "mini-state"". Associated Press. 9 May 2015. Retrieved 9 May 2015.
  10. 1 2 3 "Croatian police question Czech leader of wannabe country ‘Liberland’.". 10 May 2015. Archived from the original on 26 January 2016. Retrieved 18 July 2015.
  11. 1 2 Panenka, Radim (20 April 2015). "Navštívili jsme nový stát Liberland, který v Evropě založil Čech Vít Jedlička. Podívejte se, jak to tam vypadá" (in Czech). Parlamentní Listy. Retrieved 20 April 2015.
  12. 1 2 Koulová, Zuzana (15 April 2015). "On to myslí vážně! Vít Jedlička, zakladatel nového státu Liberland, promluvil. Zavádí elektřinu, internet, všechno. A lidé se k němu hrnou" (in Czech). Parlamentní Listy. Retrieved 15 April 2015.
  13. ↑ CZ: Liberland (video) (in Czech). Medium Europe. 15 April 2015. Retrieved 17 April 2015.
  14. ↑ "Meet the man who is setting up a new country in the middle of Europe". The Independent. Retrieved 2016-04-18.
  15. ↑ "Twitter". mobile.twitter.com. Retrieved 28 December 2015.
  16. ↑ "Čeh proglasio državu između Srbije i Hrvatske" (in Serbian). B92. BETA. 15 April 2015. Retrieved 15 April 2015.
  17. ↑ "Government announcement". liberland.org. Retrieved 20 January 2016.
  18. ↑ "Liberland’s leader detained while trying to enter the country he just invented". 11 May 2015. Retrieved 19 July 2015.
  19. ↑ Simone, Alina (29 June 2015). "On the Danube, the world's newest micro-nation. But Liberland has a problem.". Retrieved 18 July 2015.
  20. ↑ "Man forms own European country and more than 160,000 people want citzenship [sic] – trouble is, you can’t get in". 11 May 2015. Retrieved 24 April 2015.
  21. ↑ "Ptejte se lídra Strany svobodných občanů v Královéhradeckém kraji Víta Jedličky - Hradecký deník". Hradecký Deník (in Czech). 18 Oct 2013. Retrieved 15 May 2017.
  22. ↑ "Petr Mach | ParlamentniListy.cz – politika ze všech stran". Parlamentnilisty.cz. Retrieved 23 December 2015.
  23. ↑ Stroukal, Dominik (18 April 2015). "Několik nestrukturovaných poznámek k Liberlandu" (in Czech). Ludwig von Mises Institut – Česko & Slovensko. Retrieved 18 April 2015.
  24. ↑ Vojković, Goran (12 May 2015). "Liberland je Srbija!" (in Croatian). index.hr. Retrieved 14 May 2015.
  25. ↑ "Introducing Liberland, Europe's Newest Country". stratfor.com. Stratfor. 25 September 2016. Retrieved 24 October 2016.
  26. 1 2 Panenka, Radim (21 April 2015). "Je to smršť! Skoro nespím, osadníci se hrnou, noviny se předhánějí. My to prostě uděláme, slyšel plný sál od Víta Jedličky, zakladatele státu Liberland" (in Czech). Parlamentní Listy. Retrieved 21 April 2015.
  27. ↑ Spasojević, Vesna (17 April 2015). "Liberlend, zemlja koje – nema" (in Serbian). Radio Televizija Vojvodine. Retrieved 18 April 2015.
  28. ↑ Trako, Evelin (26 April 2015). "POTRAGA ZA LIBERLANDOM Reporteri "Avaza" na ničijoj zemlji između Srbije i Hrvatske" (in Bosnian). Dnevni Avaz. Retrieved 26 April 2015.
  29. ↑ Getto, Ivica (11 May 2015). "Osnivač Liberlanda kažnjen s 2400 kuna za ilegalni prelazak hrvatske granice" (in Croatian). Glas Slavonije. Retrieved 11 May 2015.
  30. ↑ Wirnitzer, Jan (11 May 2015). "Jedličkova bitva u Moháče. Všichni nám tu fandí, říká tvůrce Liberlandu" (in Czech). iDnes. Retrieved 24 May 2015.
  31. ↑ Ristić, Borislav (9 May 2015). "Vid Jedlička uhićen nakon ulaska na teritorij Liberlanda" (in Croatian). Večernji List. Retrieved 10 May 2015.
  32. ↑ Třeček, Čeněk; Sedlářová, Barbora (10 May 2015). "Chorvatsko zatklo "prezidenta" Liberlandu. Bylo to přátelské, tvrdí Čech" (in Czech). iDnes. Retrieved 10 May 2015.
  33. ↑ Hayden, Sally (11 May 2015). "President of Liberland Arrested for Trespassing into His Own Self-Declared Country". Vice News. Retrieved 11 May 2015.
  34. ↑ Ristić, Borislav (11 May 2015). "Putovanje u Liberland zasad stoji 2400 kuna – tolika je kazna za ilegalni prijelaz granice" (in Croatian). Večernji List. Retrieved 12 May 2015.
  35. ↑ "Croatia: Liberland’s president arrested again". inSerbia. 17 May 2015. Retrieved 24 May 2015.
  36. ↑ LSA Press Releases (8 June 2015). "Renewed Aggression in Croatian Occupied Liberland — Medium". Medium.com. Retrieved 23 December 2015.
  37. ↑ "Igrali odbojku na 'plaži u Liberlandu' pa ih uhitila hrvatska policija - Večernji.hr". Vecernji.hr. 13 June 2015. Retrieved 23 December 2015.
  38. ↑ Bradarić, Branimir (20 June 2015). "Liberland optužuje Hrvatsku za invaziju" (in Croatian). Večernji List. Retrieved 20 June 2015.
  39. ↑ Hayden, Sally (19 June 2015). "Liberland Accuses Croatia of Invasion and Releases Video of 'Citizen' Abduction". Vice. Retrieved 20 June 2015.
  40. ↑ "Liberland Wins Appeals! Lower Courts "Committed a Fundamental Breach" and "Must Rule On Border" | Liberland Press". Liberland Press. 2016-05-02. Retrieved 2016-05-04.
  41. 1 2 McKirdy, Euan (25 April 2015). "Liberland: Could the world's newest micronation get off the ground?". CNN. Retrieved 25 April 2015.
  42. 1 2 "Mađarska - MVEP • On Virtual Narratives at Croatia’s Borders". hu.mvep.hr. Retrieved 2016-06-09.
  43. ↑ Rossman, Gabriel (2016) "Extremely Loud and Incredibly Close (But Still So Far): Assessing Liberland’s Claim of Statehood," Chicago Journal of International Law: Vol. 17: No. 1, Article 10. URL: http://chicagounbound.uchicago.edu/cjil/vol17/iss1/10
  44. ↑ https://liberland.org/en/about/
  45. ↑ Nolan, Daniel (24 April 2015). "Liberland: hundreds of thousands apply to live in world's newest 'country'". The Guardian. Retrieved 24 April 2015. In the week since Liberland announced its creation and invited prospective residents to join the project, they have received about 200,000 citizenship applications – one every three seconds – from almost every country in the world.
  46. ↑ "Liberland.org - Constitution". liberland.org. Retrieved 2015-11-12.
  47. ↑ Tešija, Jelena (23 April 2015). "Svjetski mediji dosta ozbiljno shvaćaju onog tipa koji pokušava osnovati mikrodržavu na Dunavu". Telegram (in Croatian). Retrieved 23 April 2015.
  48. ↑ "Liberland Discussed And Defended In Croatian Parliament". liberlandpress.com. Retrieved 2017-01-26.
  49. ↑ Fayed, Hanan (23 April 2015). "Foreign Min. warns Egyptians against emigrating to Liberland". The Cairo Post. Retrieved 23 April 2015.
  50. ↑ "Prohlášení MZV ke kauze tzv. Liberlandu". www.mzv.cz. May 14, 2015. Retrieved 2016-06-08.
  51. ↑ "Upozornění Velvyslanectví ČR k cestám do tzv. "Liberlandu"" (in Czech). Velvyslanectví České republiky v Záhřebu (Embassy of the Czech Republic in Zagreb). 15 May 2015. Retrieved 24 May 2015.
  52. ↑ "Seven members of Polish Parliament proposed the recognition of Liberland". liberlandpress.com. Retrieved 24 July 2016.
  53. ↑ "Interpelacja nr 4903. Do ministra spraw zagranicznych. W sprawie notyfikowania uznania niepodległości Wolnej Republiki Liberlandu" [Interpellation No. 4903. To the Minister of Foreign Affairs. On the notification of recognition of the independence of the Free Republic of Liberland]. sejm.gov.pl (in Polish). 22 August 2016.
  54. ↑ "Odpowiedź na interpelację ponowną nr 4903. W sprawie notyfikowania uznania niepodległości Wolnej Republiki Liberlandu" [Answer to the second question, No. 4903. On the notification of recognition of the independence of the Free Republic of Liberia]. sejm.gov.pl (in Polish). 26 September 2016.
  55. ↑ "Liberalistene med første landsmøte" (in Norwegian). Capitalist Party. 12 May 2015. Retrieved 12 May 2015.
  56. ↑ "El P-LIB, con la República Libre de Liberland | P-LIB | Partido Libertario". P-lib.es. Retrieved 23 December 2015.
  57. ↑ "up! fordert die Anerkennung der Freien Republik Liberland – up!schweiz". up-schweiz.ch. Retrieved 24 January 2016.
  58. ↑ "Habertürk – Captioned". Dotsub. Retrieved 23 December 2015.
  59. ↑ "The Kingdom of North Sudan recognized the Liberland". Kingdom of North Sudan News Channel. 20 April 2015.
  60. 1 2 "Introducing Liberland, Europe's Newest Country". www.stratfor.com. Retrieved 2017-05-15.
  61. ↑ "About – enclava.org". enclava.org. Retrieved 2017-05-15.
  62. ↑ "Liberland’s Claim To Independence". www.sealandgov.org. Retrieved 2017-05-15.
  63. ↑ Vickery, Nate (2016-08-17). "The Green Nation of Liberland: Plausible or Far Fetched – TechMalak". TechMalak. Retrieved 2017-05-15.

Coordinates: 45°46′6″N 18°52′17″E / 45.76833°N 18.87139°E / 45.76833; 18.87139

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