insists on the similarities <strong>of</strong> the languages. From a Macedonian perspective, however, Bulgaria’sself-declared big brother status has more <strong>of</strong>ten than not been regarded with suspicion. 214For Greece, there is no "Macedonian question” regarding the "so-called 'Macedonian'minority"; but it rather refers to the fact that "Skopje appropriates" Greek history and traditionsand "usurps the Greek name <strong>of</strong> Macedonia" implying territorial claims” 215 Serbia’s position wasthat Macedonia is southern Serbia and that ethnic Macedonians are Serbs by origin, positionwhich has evolved to a formal recognition <strong>of</strong> a distinct Macedonian nation. 216 Albania, in turn,does not reject the existence <strong>of</strong> a Macedonian nation but given the relatively large Albanianpopulation in the Republic <strong>of</strong> Macedonia, objected to its constitutional structure 217 which after theOhrid Framework Agreement in 2001, resulted in a constitutional changes which fall withinArend Lijphart's concept <strong>of</strong> consociationalism, 218 The denial <strong>of</strong> separate existence <strong>of</strong> theMacedonian nation, is however, not a new phenomenon which occurred recently, based uponclaims that the nation was constituted by a decree <strong>of</strong> the Communist Party in Former Yugoslavia.A book written by one <strong>of</strong> the greatest intellectuals from (Aegean) Macedonia, which talks <strong>of</strong> thedistinctive features <strong>of</strong> the Macedonian language, the nation and the propaganda <strong>of</strong> Bulgaria,Serbia and Greece, published in Sophia, in 1903, was ceased and destroyed by the authorities(only ten copies were saved). 219As a result <strong>of</strong> Greece's opposition <strong>of</strong> the application <strong>of</strong> the name ‘Macedonia’ to any otherplace than northern Greece, and denial <strong>of</strong> the existence <strong>of</strong> Macedonian national minority, towhich it refers as Slavophone Greeks, Macedonia could not have diplomatic recognition unlessit changed its name. 220 These pressures amounted to an unprecedented shifting <strong>of</strong> a bilateral andpolitical problem, to a legal and international issue. Namely, the process <strong>of</strong> internationalrecognition <strong>of</strong> the young Macedonian state, besides the conditions set forth in the UN Charter,the conditions set for the other four former Yugoslav republics, two additional requirements weremade: to give constitutional guarantees that it has no territorial aspirations towards Greece in light<strong>of</strong> the constitutional declaration for paying due regard to the status <strong>of</strong> the Macedonian minorityin the neighboring countries., and to change the name "Macedonia" 221 The first one was satisfiedby adoption <strong>of</strong> a Constitutional amendments, 222 and the second resulted with the acceptance <strong>of</strong> thestate in the United Nations, with the provisional name, Former Yugoslav Republic <strong>of</strong> Macedonia.Chapter 3-The Macedonian minority in Albania3.1 Legal framework for the protection <strong>of</strong> minority rights214 Jenny Engström, The Power <strong>of</strong> Perception: The Impact <strong>of</strong> the Macedonian Question onInter-ethnic Relations in the Republic <strong>of</strong> Macedonia, in The Global Review <strong>of</strong> EthnopoliticsVol. 1, no. 3, March 2002, 3-17, available athttp://www.ethnopolitics.org/archive/volume_I/issue_3/engstrom.pdf215 Kathimerini (March 4,1990), cited from Evangelos K<strong>of</strong>os, infra at 142216 See Jenny Engström, supra at 30217 Id218See Constitution <strong>of</strong> the Republic <strong>of</strong> Macedonia, available athttp://www.mlrc.org.mk/ustav_i_amandmani.htm219 Krste Petkov Misirkov, ZA MAKEDONCKITE RABOTI [On the Macedonian matters], ( MaticaMakedonska, Skopje, 2002, Reprint)220 See Jenny Engström, supra at 30221 Svetomir Skaric, MAKEDONIJA NA SITE KONTINENTI [Macedonia on all continents], (UnionTrejd, Skopje, 2000)222 See Constitution <strong>of</strong> the Republic <strong>of</strong> Macedonia, supra at 3444
Historically, the 1946 Constitution guaranteed equality and prohibited discrimination on thegrounds <strong>of</strong> nationality, race and religion, proclaimed protection <strong>of</strong> the cultural development <strong>of</strong> thenational minorities and the free use <strong>of</strong> their language 223 Subsequently, the 1976 Constitutionadded the right <strong>of</strong> the minorities to study their language at school, guaranteed to them equality inall areas <strong>of</strong> social life and proclaimed that any discrimination which violated the rights <strong>of</strong>minorities is unconstitutional and that it will be punished. 224 The same Constitution outlawedreligion, and under the 50 year long communist dictatorship, Albania was the only country in theworld with a Constitutional prohibition <strong>of</strong> freedom <strong>of</strong> conscience and religion, and wasproclaimed to be the first atheist state in the world. 225The existing basic norms which are <strong>of</strong> significance for the legal and institutional status <strong>of</strong>minorities are to be found in the Albanian Constitution <strong>of</strong> 2003. 226 This legal act <strong>of</strong> paramountimportance, guarantees equality before the law to all persons and prohibits discrimination onnumerous grounds, including race, religion, ethnicity, language, political, religious orphilosophical beliefs (Article 18). In addition, in the Chapter <strong>II</strong>- Personal Rights and Freedoms,the Constitution guarantees freedom <strong>of</strong> expression and prohibits censorship. 227 The 2003Constitution guarantees freedom <strong>of</strong> religion and conscious, the right to choose and to changereligious beliefs, as well as to express them in public or private (Article 24) and asserts that theState is neutral in matters <strong>of</strong> religion recognizing the equality <strong>of</strong> religious communities,concurrently in Article 10. Another noteworthy aspect <strong>of</strong> the Constitution is Article 17, whichstipulates that the constitutional limitations <strong>of</strong> the guaranteed rights and freedoms may notinfringe the essence <strong>of</strong> the rights and freedoms and in no case may exceed the limitationsprovided for in the European Convention on Human Rights. Besides, the basic human rights andfreedoms which are <strong>of</strong> substance for minorities as well, the constitutional framework is completedwith a section which explicitly guarantees that persons belonging to national minorities shallexercise human rights and freedoms in full equality before the law in addition to the right t<strong>of</strong>reely express, preserve and develop their "ethnic, cultural, religious and linguistic belonging". tohave education in their mother tongue and to form associations for protection <strong>of</strong> their interestsand identity. 2283.2 Implementation <strong>of</strong> minority rights|: identifying positive trends and problemsUnlike in Greece and Bulgaria, the Macedonian national minority is recognized that it exists inAlbania. Namely, Albania recognizes as national minorities the Macedonian, the Greek and theMontenegrin in line with the understanding <strong>of</strong> national minorities as those groups, which havetheir own motherlands with which they have common characteristics such: the spiritualconstitution, the language, culture, customs and traditions, religious belief, etc. 229During the 1945-48 period, the Macedonian national minority was recognized as such,had opportunities to freely express culture and to use mother tongue 230 . The 1975 administrative223 Vladimir Ortakovski, MINORITES IN THE BALKANS,p.300 (Stip, Vtori Avgust, 1998)224 Id, Ortakovski225 Milco Balevski, ALBANIJA DENES [Albania today], (Matica Makedonska, Skopje, 1998)226 Constitution <strong>of</strong> Albania, approved by the Parliament on 21 October 2003, available at the web site <strong>of</strong>the Albanian Council <strong>of</strong> Ministershttp://www.keshilliministrave.al/english/kushtetuta/kushtetuta%20e%20Shqiperise%201.htm227 Constitution <strong>of</strong> Albania 2003, § 22228 Constitution <strong>of</strong> Albania 2003, § 20229 Report submitted by Albania pursuant to Article 25 <strong>of</strong> the Framework Convention <strong>of</strong> NationalMinorities, 2001, available athttp://www.coe.int/T/e/human_rights/Minorities/2._FRAMEWORK_CONVENTION_%28MONITORING%29/2._Monitoring_mechanism/3._State_Reports_and_UNMIK_Kosovo_Report/1._First_cycle/1st_SR_Albania.asp#TopOfPage, [hereinafter referred to as 2001 Report]230 See Ortakovski, supra at 3945
- Page 1 and 2: INTERNATIONAL JOURNAL OF CIVIL SOCI
- Page 3 and 4: Letter from the EditorDear Readers,
- Page 5 and 6: TABLE OF CONTENTSIJCSL EDITORIAL BO
- Page 7 and 8: ARTICLESTHE ROLE OF THE ISLAMIC WAQ
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- Page 33 and 34: VIII. REFERENCESA. Articles/BooksAh
- Page 35 and 36: Meidinger, Errol E, ‘Environmenta
- Page 37 and 38: STUDENT ARTICLESINTERNATIONAL INSTR
- Page 39 and 40: interest for the Balkan, minorities
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- Page 55 and 56: term "vinozhito"(rainbow) could pos
- Page 57 and 58: declare the party as unconstitution
- Page 59 and 60: The cases analyzed below, exemplify
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- Page 63 and 64: Jabuka in particular, recognized as
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- Page 67 and 68: BibliographyBooks:BLACK’S LAW DIC
- Page 69 and 70: Vlassis Vlassidis, Veniamin Karakos
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- Page 73 and 74: …any person who, for compensation
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minimum constitutional protection t
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objective of ensuring safety in sch
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Turning to its impact on courts and
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tribunals to ensure that an appropr