Legislation

Updated (June 2002)

Article 1

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.

Concerning the protection of national minorities, their rights and freedoms, Republic of Macedonia cooperates with the following international organizations: UN, OSCE, Council of Europe, UNESCO, etc.

According to the Article 9 of the Constitution, all citizens in Macedonia are equal. Many other rights are guaranteed to the members of national minorities under different laws and conventions signed by Macedonia.

However, mainly international organizations, NGOs and the political parties representing minorities watch protection of the rights of national minorities. The Macedonian diplomacy is more interested to establish international cooperation to protect the rights of the Macedonian minorities living in other countries rather than those nationalities living in Macedonia.

Article 2

The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighborliness, friendly relations and co-operation between States.

The Constitution (Article 118) says that international agreements that are ratified in accordance with the Constitution are a part of the internal legal order and cannot be amended by a bill.

The Constitution relatively corresponds with the provisions of the Framework Convention in terms of the minority rights but this does not apply to the actual bill that regulate this topic. The Macedonian government is showing little willingness to review and tackle the problems and requirements of the national minorities.

Article 3

Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights, which are connected to that choice.

Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.

As far as this article is concerned Albanians in Macedonia can freely express themselves as Albanians, without being discriminated or treaded with certain prejudices from other ethnic groups. However, with the Turks the situation is different. Denial to except that Turks live in Macedonia is widespread among Macedonians and other nationalities as well.

Roma lives in the urban areas where they often mingle with the other nationalities. They like to say that they belong to other ethnic groups to gain certain benefits connected with that statement. If Albanian or Turk had declared that he belongs to another ethnic group, he would have been rejected from his own community; however, Roma do not have this problem.

Article 4

The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.

Theoretically, minorities have equal rights with the majority but in fact Albanians, Turks and Roma are not treated equally by the government officials (police, judges, ect.).

The articles of criminal and civil law, which regulated the use of the language of national minorities in the court have been abolished since the decision of the constitutional court from June 21, 1999.

EDUCATION

Most frequently Albanians continue their studies at their own expenses either in Macedonia or abroad. Concerning Turks, the percentage of educated Turks in rather small because the number of high schools with the Turkish language of instructions is limited. That's why many Turks decided to leave the country and to study abroad.

CULTURE

In terms of culture, the country has done very little or nothing to improve the cultural life of national minorities. Cultural groups of national minorities have been funded from their own budgets because the Ministry of Culture did not set aside any funds for these activities. Except the Theatre of Nationalities, where the performances are also limited, there is no special support for Albanian, Turkish or Roma theatre.

Article 5

The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

Although the national minorities are guaranteed the right to express their culture, religion and language, the situation in practice is different. Albanians are allowed to use their language and to promote their culture and traditions but the state does not support their endeavor. Out of 33 universities in Macedonia only one, Faculty of Pedagogy, has used the Albanian language since 1997. Partially, the Albanian language is used at the University of Cyril and Method in Skopje. The Turkish nationality has the right to attend the Turkish language classes at the Faculty of Philology at the same University.

ASSIMILATION

The period between 1945-1990 was characterized by an effort to assimilate the Albanians into the Macedonian society. Examples can be found in the following villages: Upper Gostivar Reka, Bitola, Krushevo, etc. where older Albanians still use the Albanian language in their every day life but the younger generation feels more like Macedonian and prefers to use the Macedonian language. The Turkish minority faces the same threat.

Article 6

The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

EDUCATION

In terms of education no steps have been taken to promote the spirit of tolerance and intercultural dialogue. The Albanian students who finished elementary education do not have the same chance to study at high school as their Macedonian counterparts. In Albanian high schools, for one empty place five students apply while in Macedonian high schools for three empty places only one student applies. This means that only 57 percent of Albanians who finished elementary school continue their studies at Albanian or Macedonian high schools, compared to 95 percent of Macedonians (school year 1999-2000).

Another problem in Macedonia is publishing books in Albanian and Turkish language that are use in elementary and secondary education. At the beginning of the year 2001 the Albanian Association of Publishers protested against a monopoly of the publishing house "Prosvetno Delo" and they asked to assign the funds for Albanian publishing houses in Macedonia. Turkish high school teachers, due to the lack of Turkish language literature, use Macedonian books or they translate book to the Turkish language and dictate them to students.

MEDIA

The role of media in intercultural dialogue and tolerance is very important; however, no necessary measures have been taken to regulate the national minorities' presentation in Macedonian media.

The Albanian language programs are broadcast three hours a day, from 16:30 to 19:30, plus ten minutes of news in the evening on the second channel of MTV (Macedonian TV). The broadcasting in the Turkish language lasts one and a half hour a day from 15:00 to 16:30 on the second channel. For the Roma there is fifteen-minute-long news broadcasting only twice a week.

Albanian newspaper "Flaka" that used to be published three times a week is currently published daily. There is also a private daily newspaper "Fakti." The state newspaper published in the Turkish language is called "Birlik," published three times a week. However, the information in this newspaper is checked by the state so the Turks have a private newspaper called "Vardar." The Roma have no daily or weekly newspaper and the state does not care to inform them in their own language.

There are many negative stereotypes and prejudices among the majority towards the members of minorities that are encouraged by press and politicians. No special measures in Macedonia regulate the possible violence or hostility and discrimination of Albanians, Turks, and Roma. In the environment where the minorities constitute the majority, the acts of violence are very rare and the Turks and Albanians can freely express their identity. However, when the minorities are not in a considerable number, the situation is different.

Article 7

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

The Macedonian Constitution guarantees the freedom of belief, conscience, opinion and public expression (Article 1). The citizens are guaranteed the freedom to associate in order to achieve and protect their political, economic, social, cultural and other rights and beliefs. No major problems have been reported.

Article 8

The Parties undertake to recognize that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organizations and associations.

These rights are guaranteed by the Macedonian Constitution Article 19, Par. 1, 2, 3 and 4. No major discontent has been reported.

Article 9

The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

The national minorities have the right to establish the media centers and to gain the concession (see comments in Article 6. Media). Although the Republic of Macedonia has no discriminatory articles preventing the national minorities to establish private radio, TV and filming enterprise, the Roma are not satisfied with the law regulating the standards for registration of the private radio and TV stations. Having no financial support, Roma are not able to sustain a qualitative program production.

The state has undertaken certain activities that ensure the access of Albanians, Turks and Roma to governmental media. MTV (Macedonian TV) planned the third channel to broadcast in the languages of the national minorities.

Article 10

The Parties undertake to recognize that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

The Constitution guarantees the right to use freely the minority languages at home. Article 7, par. 2 and 3 of the Constitution says: "In the units of local self-government where the majority of the inhabitants or a considerable number of inhabitants belong to a national minority, the language and alphabet of that minority in addition to the Macedonian language and Cyrillic alphabet are also used officially in a manner determined by law."

Practically however, the above-mentioned paragraph is not applied and the minorities cannot take an advantage of bilingualism and use their language and script in administration even in the municipalities where they constitute majority.

EDUCATION

Albanians and Turks use their language only in primary and secondary schools. Teachers at schools with Roma pupils asked for the right to teach in Roma; however, this language is taught only on a voluntary basis. An exception is an elementary school in Suto Orizari in Skopje and partly in Tetovo.

ADMINISTRATION

The minorities asked for the right to use their language in contact with the administrative authorities and in courts, because some of them do not speak Macedonian. There are only few interpreters available and still the government does not deal seriously with this demand. Thus it happens quite frequently that the declaration of a person arrested, who does not know the official language and is not provided with the interpreter, is misinterpreted what has an impact of the verdict.

Roma have an advantage that they speak Macedonian so they do not ask for using their language in administration.

Article 11

The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.

The Parties undertake to recognize that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavor, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

The Law on Names stipulates that national minorities have the right to use their languages to write their names and surnames. The problem is that they cannot use their alphabet and surnames in Macedonian language and Cyrillic letters loose their original phonetic meaning. The Macedonian language does not have some letters that the minority languages have.

Albanians and Turks had to change their surnames forcefully in the past by adding "ski" and "vic," the suffixes characteristic for Slav surnames. The Turkish surnames were altered to end with "ski, ov, i" (Selimovski, Ahmedov, Memeti).

Only in some areas traditionally inhabited by Albanians and Turks names of streets and places are in the languages of national minorities.

Article 12

The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

These rights are guaranteed by the Macedonian Constitution in Articles 48 and 56. In fact, there are no specific institutions where the culture and history of national minorities is studied.

The Macedonian Academy of Science and Arts has never had a member of national minorities and there are no separate sections for the research in Turkish, Albanian and Roma languages.

EDUCATION

Concerning the education, Albanian and Turkish students do not have the same conditions (number of classes, books, teachers) in comparison with Macedonian students. In the areas inhabited by the members of national minorities there are not enough primary and secondary schools providing education in minority languages and thus Albanian and Turkish children are forced to study in the Macedonian language.

The state in not interested to prepare the educational staff teaching in the minority languages. In 1997, the Pedagogical Faculty in Albanian language was established. There were many negative reactions from the government and the Macedonian students (hunger strikes, blocking the streets) towards this educational institution.

The Cathedra of the Turkish language is at the University of Skopje but it is not sufficiently equipped with the teaching materials and techniques. Roma do not face this problem because they study Macedonian at school.

Article 13

Within the framework of their education systems, the Parties shall recognize that persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments.

The exercise of this right shall not entail any financial obligation for the Parties.

The Constitution of Macedonia in Article 45 guarantees the above-mentioned request saying: "citizens of the Republic of Macedonia have the right to establish private educational institutions at all levels of education with the exception of elementary schools."

Theoretically, it is not a problem to establish private secondary education by Albanians, Turks and Roma. In 1996, the first private Turkish college was founded in Skopje and another one in Gostivar.

So far Albanians had one initiative for founding a private secondary school, in Radolishta village, Struga region. It happened as a reaction to the government's refusal to open the Albanian language classes in the secondary school in this municipality. Although that institution was not officially recognized by the government, finally the students could continue their studies in Struga Gymnasium classes with the Albanian language of instructions.

Regarding founding higher educational institutions in the Albanian language, the Albanian intellectuals and the political parties submitted the request to establish their University (1990-1994). The government; however, refused the request so the initiators together with the three municipalities with Albanian majority established and nourished the University in Tetovo. In 2000 - 2001, the University had 8,000 students at 13 faculties. The University is under permanent pressure from the Macedonian government and it is not officially recognized in the country. The Albanian population has financed this institution since its foundation because it does not get any financial support from the state.

Article 14

The Parties undertake to recognize that every person belonging to a national minority has the right to learn his or her minority language.

In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavor to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.

Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

As we can see from the previous text there are many problems in fulfilling this article. There are not enough classes for the minority students, schools do not have appropriate equipment, and government does not want to be involved in this issue. For example the Roma language does not have a standardized form and because the government does not want to deal with it, the Roma children are educated in the Macedonian language.

Article 15

The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.

The Albanian population, representing only 0.3 percent of cultural, social and economic life in Macedonia, at least has the right to express its opinion on the matters relating to the Albanians. As for the Turkish population, government hasn't undertaken any concrete activity to involve Turks in the cultural, social and economic life of the country. The Turks, according to the current election law, are not given the opportunity to elect their MP's so thus they do not have a chance to express their opinions and attitudes.

Article 16

The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention.

Currently there are no evident examples of forceful alternation of the population structure. However, the territorial division of the local self-governments is arranged in the way that the Albanians cannot elect their representatives in local elections. There are no cases of the forceful displacement of Roma. Only in Suto Orizari Roma can enjoy their rights because in this municipality they constitute the majority.

Article 17

The Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other States, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.

The Parties undertake not to interfere with the right of persons belonging to national minorities to participate in the activities of non-governmental organizations, both at the national and international levels.

The national minorities in Macedonia can freely establish and maintain inter-border contacts. On the other hand, Macedonia has not undertaken any particular steps to easy these contacts. Traveling to Albania was banned in the 50s (till 1992) and a large number of Albanians could not visit their family members living abroad.

At the same time the government does not forbid or complicate the non-governmental activity of the national minorities. The Law on Civic Associations and Foundations (1998) eased the situation because before the NGOs had to register at the Ministry of Interior but now they can get through the same procedure at the courts.

Article 18

The Parties shall endeavor to conclude, where necessary, bilateral and multilateral agreements with other States, in particular neighboring States, in order to ensure the protection of persons belonging to the national minorities concerned.

Where relevant, the Parties shall take measures to encourage transfrontier co-operation.

The Republic of Macedonia does not show particular interest to reach bilateral or multilateral agreements with neighboring states (Albania, Turkey) that would improve the position of national minorities.

Article 19

The Parties undertake to respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations, restrictions or derogations which are provided for in international legal instruments, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, in so far as they are relevant to the rights and freedoms flowing from the said principles.

Article 20

In the exercise of the rights and freedoms flowing from the principles enshrined in the present framework Convention, any person belonging to a national minority shall respect the national legislation and the rights of others, in particular those of persons belonging to the majority or to other national minorities.

Article 51 of the Constitution says: "In the Republic of Macedonia laws must be in compliance with the Constitution. Everybody is due to respect the Constitution and the laws."

Article 21

Nothing in the present framework Convention shall be interpreted as implying any right to engage in any activity or perform any act contrary to the fundamental principles of international law and in particular of the sovereign equality, territorial integrity and political independence of States.

Article 1 of the Constitution says: "Macedonia is sovereign, independent, democratic and social country."

The endeavor to disintegrate the territorial sovereignty by national minorities was not reported.

Source: Association for Democratic Initiative, http://groups.yahoo.com/group/balkanhr/message/1946 and http://conventions.coe.int/Treaty/EN/Treaties/Html/157.htm

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