Chapter II Basic Freedoms and Rights of the Individual and Citizene Individual and Citizen
Part 1 Civil and political freedoms and rights
Part 1 Civil and political freedoms and rights
Article 9
Article 9
(1) Citizens of the Republic of Macedonia are equal in their freedoms and rights, regard-
(1) Citizens of the Republic of Macedonia are equal in their freedoms and rights, regard-
less of sex, race, color of skin, national and social origin, political and religious beliefs,
less of sex, race, color of skin, national and social origin, political and religious beliefs,
property and social status.
property and social status.
(2) All citizens are equal before the Constitution and law.
(2) All citizens are equal before the Constitution and law.
Article 48
Article 48 (1) Members of nationalities have a right
(1) Members of nationalities have a right freely to express, foster and develop their iden-freely to express, foster and develop their iden-
tity and natinal attributes.
tity and natinal attributes.
(2) The Republic guarantees the protection of t
(2) The Republic guarantees the protection of the ethnic, cultural, linguistic and religioushe ethnic, cultural, linguistic and religious
identity of the nationalities.
identity of the nationalities.
(3) Members of the nationalities have the right to establish institutions for culture and
(3) Members of the nationalities have the right to establish institutions for culture and
art, as well as scholarly and
art, as well as scholarly and other associations for the expression, fostering and other associations for the expression, fostering and developmentdevelopment
of their
of their identityidentity..
(4) Members of the nationalities have the right to instruction in their language in primary
(4) Members of the nationalities have the right to instruction in their language in primary
and secondary education, as determined by law. In schools where education is carried out in
and secondary education, as determined by law. In schools where education is carried out in
the language of a nationality, the Macedonian language is also studied.
the language of a nationality, the Macedonian language is also studied.
Article78
Article78
(1) The Assembly establishes a Council for Inter-Ethnic Relations.
(1) The Assembly establishes a Council for Inter-Ethnic Relations.
(2) The Council consists of the President of the Assembly and two members each form
(2) The Council consists of the President of the Assembly and two members each form
the ranks of the Macedonians, Albanians, Turks, Vlachs and Romanies, as well as two mem-
the ranks of the Macedonians, Albanians, Turks, Vlachs and Romanies, as well as two mem-
bers from the ranks of other nationalities in Macedonia.
bers from the ranks of other nationalities in Macedonia.
(3) The President of the Assembly is President of the Council.
(3) The President of the Assembly is President of the Council.
(4) The Assembly elects the members of the Council.
(4) The Assembly elects the members of the Council.
(5) The Council considers issues of inter-ethnic relations in the Republic and makes
(5) The Council considers issues of inter-ethnic relations in the Republic and makes
appraisals and proposals for their solution.
appraisals and proposals for their solution.
(6) The Assembly is obliged to take into consideration the appraisals and proposals of
(6) The Assembly is obliged to take into consideration the appraisals and proposals of
the Council and to make decisions regarding them.
39
39
Facts about national minorities in the Republic of Macedonia
Facts about national minorities in the Republic of Macedonia
white book
white book
ty. Meanwhile, a neighboring republic which met all the traditional criteria for statehood
ty. Meanwhile, a neighboring republic which met all the traditional criteria for statehood
was having its calls for recognition ignored.
was having its calls for recognition ignored.
Macedonia had requested EC recognition in a Declaration by its Assembly on 19
Macedonia had requested EC recognition in a Declaration by its Assembly on 19
December 1991. The Badinter Commission considered this request in the light of the EC's
December 1991. The Badinter Commission considered this request in the light of the EC's
16 December Guidelines and its Declaration on Yugoslavia. The Declaration had a curious
16 December Guidelines and its Declaration on Yugoslavia. The Declaration had a curious
final paragraph as follows:
final paragraph as follows:
The Community and its Member States also require a Yugoslav Republic to commit
The Community and its Member States also require a Yugoslav Republic to commit
itself, prior to recognition, to adopt constitutional and political guarantees ensuring that it
itself, prior to recognition, to adopt constitutional and political guarantees ensuring that it
has no territorial claims towards a neighboring Community State and that it
has no territorial claims towards a neighboring Community State and that it will conduct nowill conduct no
hostile propaganda activities versus a neighboring Community State, including the use of a
hostile propaganda activities versus a neighboring Community State, including the use of a
denomination which implies territorial claims.
denomination which implies territorial claims.
The Badinter Commission conducted a dialogue with Macedonia to determine whether
The Badinter Commission conducted a dialogue with Macedonia to determine whether
this final paragraph was satisfied. In the course of this dialogue, the Minister for Foreign
this final paragraph was satisfied. In the course of this dialogue, the Minister for Foreign
Affairs of the Republic of Macedonia undertook to refrain from any hostile propaganda
Affairs of the Republic of Macedonia undertook to refrain from any hostile propaganda
against a neighboring country. Further, the Assembly of the Republic of
against a neighboring country. Further, the Assembly of the Republic of Macedonia amend-Macedonia amend-
ed its Constitution on 6 January 1992 so that it stated „the Republic of Macedonia has no
ed its Constitution on 6 January 1992 so that it stated „the Republic of Macedonia has no
territorial claims against neighboring states“.
territorial claims against neighboring states“. The Badinter Commission found thatThe Badinter Commission found that
Macedonia satisfied all the tests and went on to say „that the use of the name
Macedonia satisfied all the tests and went on to say „that the use of the name
„Macedonia“ cannot imply any territorial claim against another State“.
„Macedonia“ cannot imply any territorial claim against another State“.
However, when the EC met to consider the Badinter Opinions on 15 January, its mem-
However, when the EC met to consider the Badinter Opinions on 15 January, its mem-
bers declined
bers declined to extend reto extend recognition to the cognition to the Republic of Republic of Macedonia. Macedonia. Only BulgariaOnly Bulgaria andand
Turkey decided to extend recognition at that time and most other
Turkey decided to extend recognition at that time and most other countries followed the ECcountries followed the EC
lead and held off recognition decisions, the exceptions being Croatia, Slovenia and
lead and held off recognition decisions, the exceptions being Croatia, Slovenia and
Lithuania. The issue of the name of the republic continued to frustrate efforts to extend
Lithuania. The issue of the name of the republic continued to frustrate efforts to extend
recognition and this problem was eventually spelled out in an EC statement on 2 May in
recognition and this problem was eventually spelled out in an EC statement on 2 May in
which the EC referred to the Republic of
which the EC referred to the Republic of Macedonia and said „they are willing to recognizeMacedonia and said „they are willing to recognize
that State as a sovereign and independent State within its existing borders and under a name
that State as a sovereign and independent State within its existing borders and under a name
that can be accepted by all the parties conc
that can be accepted by all the parties concerned“.erned“.At the EC Lisbon SummAt the EC Lisbon Summit of 26-27 June,it of 26-27 June,
the EC went one step further when it
the EC went one step further when it again declared its willingness to recognize that repub-again declared its willingness to recognize that repub-
lic „under a name which does not include the term Macedonia“.
lic „under a name which does not include the term Macedonia“.
The President of the Republic of Macedonia, Kiro Gligorov, commented on the EC's
The President of the Republic of Macedonia, Kiro Gligorov, commented on the EC's
position on 3 May 1992.He welcomed the EC's stated willingness to recognize Macedonia
position on 3 May 1992.He welcomed the EC's stated willingness to recognize Macedonia
but added that „conditioning this recognition with the name of our State which would be
but added that „conditioning this recognition with the name of our State which would be
acceptable to all parties
acceptable to all parties is, first, without precedeis, first, without precedent, and then ...nt, and then ...brings our Republic and brings our Republic and our our
people in a state of suspense and into
people in a state of suspense and into a situation which no people would allow a situation which no people would allow since it bringssince it brings
into question its identity and dignity“.
into question its identity and dignity“.
With neither side willing to
With neither side willing to make the compromises necessary to break the make the compromises necessary to break the deadlock, thedeadlock, the
issue has been reduced to a contest of strength and influence between Athens and Skopje,
issue has been reduced to a contest of strength and influence between Athens and Skopje,
with the former holding the considerable advantage of exercising a
with the former holding the considerable advantage of exercising a de factode facto veto over ECveto over EC
policy making on the question. Skopje can only ask that the international community abide
policy making on the question. Skopje can only ask that the international community abide
by a moral obligation to recognize entities meeting the normal criteria for statehood.
by a moral obligation to recognize entities meeting the normal criteria for statehood.
A major breakthrough achieved by the Republic of Macedonia has been its recognition
A major breakthrough achieved by the Republic of Macedonia has been its recognition
by Russia in
by Russia in August 1992 and August 1992 and Belarus in SepBelarus in September 1992.tember 1992. A Russian FA Russian Foreign Ministryoreign Ministry
spokesman is quoted as saying Russia's step was
spokesman is quoted as saying Russia's step was „dictated by concern about the „dictated by concern about the security andsecurity and
stability of all nations in the Balkan region“.