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Volume IV, Issue II (April 2006) - Columbus School of Law

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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

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