Language Research

The Constitution, adopted on November 17, 1991

All citizens are equal under the law. The Constitution provides for the protection of the ethnic, cultural, linguistic, and religious identity of minorities. This includes state support for education in minority languages through secondary school and through the official use of minority languages in areas where ethnic minorities make up a majority of the population. Other articles of the Constitution related to the rights and freedoms of national minorities and general rights and freedoms of citizens in the Republic of Macedonia include numbers 2, 7, 8, 9, 16, 19, 20, 44, 45, 48, 50, 54, 78 and 110 (sub§ 3).

The Constitutional provisions regarding the use of other languages in the Republic of Macedonia are further elaborated in the Law on Local-Self Government (Official Gazette of the Republic of Macedonia No. 52/95). According to Article 88 of this law, units of local self-government in which citizens belonging to national minorities make up 50% of the total number of inhabitants, determined at the last Census, are to be considered units of local self-government in which the national minorities are in majority. Units of local self-government in which minorities make up 20% are to be considered units of local self-government in which minorities live in significant number.

According to Article 89 of the above Law, during Council sessions and other bodies of the unit of local self-government (both 50% and 20%), the language and alphabet of the ethnic minority group shall be in official use in addition to the Macedonian. Also statutes, decisions and other acts adopted shall be written down and published in the minority languages as well as in Macedonian.

Article 90 of this Law states that the inscriptions of towns, the inscriptions of public services and institutions, names of administrative offices, etc., shall be written in the minority language alongside Macedonian (where national minorities are in the majority). In local self-governing units where persons belonging to a national minority make up a considerable part of the local population, names of settlements, nameplates of public offices and institutions, firms of companies and other public enterprises are written both in Macedonian and its Cyrillic alphabet. The language and alphabet of relevant national minority should be used based on the decision of the Council of the local self-government unit.

Inscriptions of Institutions of Culture and Art whose sole purpose is the development and the promotion of the cultural and educational aims of a minority shall be written down in the language of the minority along with the Macedonian. This is regardless of the number of citizens belonging to the minority in the unit of local self-government.

Part VII of the Census Law on Population, Households, Dwellings and Agricultural Holdings in the Republic of Macedonia of 1994 (Official Gazette of the Republic of Macedonia No. 25/94) allows the use of minority languages freely and census forms are printed bilingually.

The Law on Identity Cards (Official Gazette of the Republic of Macedonia No. 8/95) and the Law on Registration of Birth, Deaths and Marriages (Official Gazette of the Republic of Macedonia No. 44/95) allow names of persons from minorities to be entered in the language and alphabet of their respective minority group.

The Law on Primary and Secondary Education (Official Gazette of the Republic of Macedonia No. 44/95) and the Act on Languages of Instruction guarantee provisions for complete pre-school, primary and secondary education as well as higher education in the spheres of pedagogy, linguistics and arts in the languages of minorities.

The Criminal Procedure Act (Official Gazette of the Republic of Macedonia No. 15/97) allows the use of minority languages during criminal proceedings or the free provision by the Court of an interpreter. Summons, decisions, and other courts documents for members of minorities shall be issued in Macedonian and in the language of the minority.

The Macedonian Parliament approved on July 25, 2000 a new Law on Higher Education that is should prove crucial in ensuring positive coexistence between the various ethnic groups in the country. More specifically, the law now provides the possibility to establish private universities in the language of the minorities in the former Yugoslav Republic of Macedonia. The measure, however, does not take into account the establishment of public universities, though it is going to be important for Albanian-speakers, who happen to be the largest linguistic minority of the Republic. The Law was based on a recommendation from the Organization for Security and Cooperation in Europe (OSCE) and they indeed welcomed the approval of the project.

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Updated (April 2002)

According to recent information provided by the Macedonian Minister of Justice the revision of the Census Law will contain regulations on the use of languages, in this case of Macedonian, Romanian and Albanian. Such amendments relate to those introduced in the Constitution, according to which all ethnic communities must be proportionally represented at all levels of the census administration.

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Updated (September 2002)

At the beginning of June the Macedonian parliament adopted several laws in order to grant the Albanian language an official status in the country. These new amendments covered the use of Albanian in legislative sessions as well as during elections, when voting instructions will be written in Macedonian and in the languages mentioned in the Preamble of the Constitution, that is in the Albanian, Turk, Vlach and Roma language.

However, the Law on Passports has been withdrawn from parliamentary procedures.

Source: Mercator, News, August 2002, http://www.troc.es/ciemen/mercator/index-gb.htm

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Updated (April 2003)

THE ALBANIAN LANGUAGE ON A PASSPORT COVER

On March 21, 2003, the Macedonian Parliament adopted amendments to the Law on Passports in order to regulate the use of Albanian as the official language in the country.

These amendments establish that ethnic Albanians (about 23 percent of the population) may apply for the inclusion of the Albanian language in the passport covers, in addition to Macedonian and English. The data in these passports will be written in Latin script. However, the use of Albanian in parliamentary work has not been introduced yet, notwithstanding a specific provision in the 2001 Framework Agreement, which states that by the end of the Assembly's term the Rules of Procedure will enable the use of the Albanian language (Article 7 of Annex B).

Some smaller ethnic groups in Macedonia consider these amendments to be discriminatory and they demand full equality. Some parties representing the Serbs, the Roma and the Vlachs would like to amend the law as well to enable the use of their languages. However, according to the Framework Agreement, only the languages spoken by at least 20 percent of the population (i.e. Macedonian and Albanian) have an official status.

Source: Mercator News, March 2003, http://www.ciemen.org/mercator/index-gb.htm

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Updated (May 2003)

THE 1946, 1963, 1974, 1989, 1991 AND 2001 CONSTITUTION

The authorities of the Yugoslav federation were vocal in promising solutions to the minority problems that had pestered the pre-Second World War regime. During the communist period, three Constitutions served as the legal foundation for Albanian-Macedonian relations within the country.

The first Constitution of 1946 was primarily a pledge of the Macedonian authorities to respect and protect the cultural rights and liberties of the minorities. It established the idea that "all citizens of the Republic are equal before the law regardless of their nationality, race and confession."

More concrete provisions regulating inter-ethnic relations were specified in the 1963 Constitution and its amendments. This document not only reaffirmed the equality of all ethnic groups in the Socialist Republic of Macedonia, but also provided for the upbringing, education and the media in the minority languages in the areas where nationalities live. The Albanian language and alphabet were used in the daily activities as well as in the procedures before state organs and organizations.

The favorable treatment offered to the minorities by the Macedonian authorities culminated in the 1974 Constitution, which the Albanians consider to be the summit of their legally guaranteed liberties. The Albanian language and alphabet were recognized as equal to Macedonian, and the development of Albanian culture was protected and encouraged. The implementation of these stipulations was observed and regulated by the Commission on Inter-ethnic Relations, with branches in all municipalities with minority population. The Commission comprised an equal number of members with Macedonian, Albanian and Turkish nationality. The 1974 Constitution guaranteed, both legally and in practice, equality of the Albanians and the Turks with the Macedonian majority.

However, in reality, the 1974 legal guarantees were never fully and securely implemented. Moreover, in the 1980s, many of the provisions were reversed. The growing tensions between the Macedonian government and the Albanians culminated in 1989, when the Constitution was amended to reaffirm the dominant position of the ethnic Macedonians in the Republic. The exact formulation of the amendment defined Macedonia as a nation/state of the Macedonian people thus replacing the 1974 description (a state of the Macedonian people and the Albanian and Turkish minorities).

Until the constitutional changes of 2001, the 1991 Constitution confirmed the minority status of the Albanian community (the Albanians were recognized as a nationality ("nationality" in English or "nacionalnost" in Macedonian is the official term for minorities in Macedonia)). The August 2001 Ohrid Framework Agreement referred to the Albanians as a "community" and as "citizens of Macedonian." It avoided any reference to the word "minority." However, the Preamble changes, adopted in November 2001, introduced a new formula speaking about the different ethnic groups as "citizens of Macedonia who are a part of different nations."

The Albanians had a number of complaints regarding the 1991 Constitution. They believed the wording of its Preamble implied that the ethnic Macedonians have a higher constitutional status than the minorities, since it defined Macedonia as the state of the Macedonian people, and not as the republic of the Macedonian people and the Albanian and Turkish nationalities, as it was before.

Another point of discontent regarding the Albanians' status was the fact that they are put on an equal footing with the Vlachs and the Roma. The 1974 Yugoslav Constitution gave the Albanians and the Turks the higher status of "nationalities," while the Roma and Vlachs were considered simply "ethnic groups."

THE 2001 OHRID AGREEMENT

On November 15, 2001, the Macedonian Parliament voted on 15 constitutional amendments envisaged by the Framework Agreement, signed on August 13, 2001 in Ohrid (Macedonia).

The most disputed part of the Constitution, the Preamble, according to the August Framework Agreement, referred to Macedonian citizens and did not mention by name or contained a reference to any nationalities or minorities living in the country. Instead the word "minority," the terms "community" and "community not in a majority" were used. The fierce resistance of the Macedonian parliament to introduce these changes led to another agreement on the Preamble achieved in late October. The new text referred to Macedonia as the state of all citizens of the Macedonian nation, as well as citizens living within its borders who are part of the Albanian, Turkish, Vlach, Serbian and Roma nation and others, taking responsibility for the present and the future of their country.

The Framework Agreement also suggested that any language spoken by at least 20 percent of the population should be also an official language, written using its alphabet. Since no community besides the Albanians constitutes more than 20 percent of the population, only the Albanian language becomes an official language on the state level. Thus, it can be used in communication with the central government, in Parliament (with a simultaneous interpretation into Macedonian) and laws are to be published both in Macedonian and in Albanian.

The Albanians are able to use their language when dealing with local authorities, and in the correspondence with them. However, Macedonian remains the official language of governmental sessions, as well as the language of country's international relations (amended Article 7).

The Ohrid Framework Agreement introduced constitutional changes affecting voting rights of the Albanians concerning cultural or linguistic legislation (it will require a two-thirds majority including at least half of the affected members in parliament). This new voting mechanism affects only five areas: local administration, territorial division, use of languages, protection of cultural identity and use of flags and symbols (amended Article 69).

Two months after signing the Framework Agreement the prospects for lasting peace in Macedonia seemed to diminish, because of the lack of will and commitment to introduce significant constitutional changes. It was very difficult for the Macedonian political elite to convince the Macedonian public that they have to accept the deal. The Macedonians felt endangered as a nation and feared that their state may disappear.

Finally in November 2001, the Macedonian Parliament adopted constitutional changes in line with the Ohrid Framework Agreement. The amendments came as a result of strong international pressure exerted on the Macedonian parliamentary parties.

There are some other laws regulating the use of minority languages.

EDUCATIONAL LAW

In July 2000, after heated debates in Macedonian Parliament, a new Education Law was adopted, which allowed higher education in languages other than the official (Macedonian) language in private universities. The Albanians can also establish private universities; however, higher education for them cannot be organized in the state universities, except the Albanian pedagogical, linguistic and drama faculties at Skopje University.

This law has not provided the controversial Tetovo University with so much desired status of a state university. It only gave the students of this University a permission to pass state exams so that their diplomas are officially recognized in Macedonia.

THE LAWS ON PERSONAL NAMES

The 1995 Law on the Personal Names stipulates in Article 9 that "the names of the persons belonging to nationalities are written in Macedonian as well as in the language and alphabet of the nationality."

The 1996 Identity Card Law and Personal Registry Files Law allow minority representatives to have their first and family names written in these documents in their own language and alphabet.

According to Article 9 of the Law on Registries of Births, Deaths and Marriages, the personal name of a child belonging to a nationality is also registered in the language and alphabet of the nationality.

THE LAW ON THE CRIMINAL PROCEDURE

The Law on the Criminal Procedure and the Law on the Lawsuit Procedure postulate that those involved in the procedures are guaranteed the right to use their mother tongue, and the state authorities are obliged to ensure translation during the procedures. However, while in former Yugoslavia it was possible to have all documents of communication with courts in the minority languages, with the 1997 changes of the Law on the Criminal Procedure, Macedonian became the sole official language in court. In late 1998, the Macedonian Constitutional Court ruled that the court decisions should be only in Macedonian, thus overruling past practice.

THE CRIMINAL CODE

The Criminal Code has a few references regarding minorities in Macedonia.

Article 137

Imprisonment from three months to five years is to punish anyone for taking away or limiting the rights of another person, if this is based on difference in national origin, religious belief or language.

Article 138

Punishment from three months to three years expects a person who limits the right of another citizen to use the language and alphabet guaranteed in the Constitution and in other documents.

Article 139

A person who by force, mistreatment, endangering the security, ridiculing of the national, ethnic or religious symbols causes or excites national, racial or religious hate shall be punished with imprisonment from one to five years. The misuse of one's public position to commit the above-mentioned crimes is punishable with up to ten years in prison.

Source: Center for Documentation and Information on Minorities in Europe, Southeast Europe (CEDIME-SE), Minorities in Southeast Europe, Albanians of Macedonia, April 2002, http://www.greekhelsinki.gr/pdf/cedime-se-macedonia-albanians.doc

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Updated (October 2003)

PUBLIC BROADCASTING

The Macedonian Broadcasting Act in its Article 45 states:

The public broadcasting enterprise, broadcasting programs on the territory of the Republic of Macedonia, features programs in the languages of the nationalities (in the Macedonian context, the term "nationality" is used as a synonym to national or ethnic minority) in addition to programs in Macedonian.

The same Article provides that:

In the areas where minority members are in the majority, the public broadcasters at a local level broadcast programs both in Macedonian and in the languages of the nationalities. As regards commercial broadcasting, private companies can broadcast programs both in Macedonian and in the languages of the nationalities.

Ethnic minorities constitute one third of the total population in Macedonia. A multiethnic channel of Macedonian national TV launched on August 20, 2002, offers programs in the Albanian, Turkish, Serbian, Romani, Vlach and Bosnian languages. This channel can be received on about 85 percent of Macedonia's territory.

Previously programs in the minority languages were broadcast by the second channel of Macedonian National Television for 5 hours a day. After launching the new multiethnic channel, there are 12 hours of minority-language programs, when 9 hours of broadcasting is in Albanian.

Source: Media Legislation, Minority Issues and Implications for Latvia by Leonid Raihman, January 20, 2003, http://www.policy.hu/raihman/PolicyPaper.htm

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Updated (February 2004)

THE MACEDONIAN PARLIAMENT PASSES THE LAW ON TETOVO UNIVERSITY

On January 21, 2004 the Macedonian Parliament passed a controversial law transforming the underground Albanian-language University in Tetovo into a state university.

During the vote, the opposition ethnic Macedonian Internal Revolutionary Organization (VMRO-DPMNE) and the Liberal Party left the session after a failure to block passage of the law. The VMRO-DPMNE and the Liberals argued that legalizing the Albanian-language university runs counter to the existing laws and the Constitution and encourages ethnically based segregation.

The University will have the Faculty of Mathematical Sciences, Humanist Sciences and Arts, Faculty of Economy, Law Faculty and Center of Polytechnic Studies.

Source: Minelres News, Skopje, January 21 (MIA), http://lists.delfi.lv/pipermail/minelres/2004-January/003158.html and http://lists.delfi.lv/pipermail/minelres/2004-January/003170.html, FE/RL NEWSLINE Vol. 8, No. 13, Part II, January 22, 2004

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Updated (December 2004)

THE ALBANIAN LANGUAGE TO BECOME OFFICIAL IN CERTAIN AREAS AFTER REFERENDUM

The referendum held on November 7, 2004 in order to vote against the recently passed Law on Territorial Organization failed due to a low turnout (just over 26 percent, when the minimum of 50 percent was necessary). This controversial law was passed on August 11 after a long discussion, as an important step towards the implementation of the 2001 Ohrid Peace Agreement¹. The law guaranteed an increase of the rights for the country's Albanian minority, which makes up almost a quarter of the total population. However, many ethnic Macedonians feared that the law will lead to federalization of the country along the ethnic lines, while minor ethnic Albanian opposition parties accused the major one (in the government coalition) of not doing enough to protect Albanian interests.

The governing coalition, which called for a boycott of the referendum, received a strong support from the international community. Representatives of the EU called on the Macedonian citizens not to participate in the referendum, which could delay the process of European integration. The OSCE, the NATO and some states (the United States and France) made similar appeals.

In the new legislation (currently available only in the Macedonian language) administrative boundaries have been redrawn and, as a result, Albanian has become the second official language in certain areas, including the capital Skopje, where two rural districts with the Albanian majority (Saraj and Kondovo) were added to the existing urban districts.

A series of constitutional amendments from November 2001 prepared the ground for strengthening minority rights. Particularly Amendment no. 5 was very important stipulating that a minority language can be introduced as the second official language in the municipality where a respective minority constitutes 20 percent of the total population. This means that not only communication with the local administration but also road signage and the signs on official buildings in Skopje and other districts would be bilingual.

Another recently adopted legislation, the Law on Local Elections, passed on August 3, 2004, also includes several references to minority language issues in those local self-government units where minorities speaking other language than Macedonian constitute 20 percent of the total population (Articles 16, 19, 25, 31, 50 and 54).

Source: Mercator News, November 2004, http://www.ciemen.org/mercator/index-gb.htm

¹ This agreement ended an interethnic conflict between the ethnic Albanian rebels of the National Liberation Army (UCK) and the Macedonian security forces.

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Updated (February 2006)

LAW ON LANGUAGES, A KEY ISSUE IN MACEDONIA

The law on languages in Macedonia has not yet been passed despite being on the political agenda for a long time. Political analysts think that ruling Social Democrats are seeking to delay the adoption of a new law on the use of the Albanian language because they are afraid of being defeated in the next elections if they do so.

The language act is one of the primary issues in the report published by the Project on Ethnic Relations (PER)¹. The report shows the results of the Mavrovo Process, a series of round table discussions where all political parties can meet and discuss the most pressing issues and concerns of the day.

According to the PER report, representatives of the opposition parties taking part in the Mavrovo Process focused on two main issues in their criticism of the government's policies: the judicial reform and the law on languages. Concerning the latter, a leader of an ethnic Albanian opposition party asserted that the absence of a language law demonstrates that the Ohrid Framework Agreement is not being implemented. However, the Macedonian parties in power argued that no further concessions would be made beyond those in the Ohrid Agreement. They say that nine separate laws currently regulate the use of the Albanian language. For instance, its role in education system is governed by the Law on Primary, Secondary, and Higher Education, and the use of the language at municipality-level is regulated by the Law on Local Government.

Among other measures, the report summarizes the different political positions on the language issue and stresses on the fact that it has not yet been solved.

Source: Mercator News, February 2006, http://www.ciemen.org/mercator/

1. an organization dedicated to preventing ethnic conflicts in Central and Eastern Europe, the Balkans and the former Soviet Union

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