and social advancement. 261 However, the primer was issued in typical Macedonian form, whichclearly shows that the Greek authorities were precisely distinguishing the linguistic and nationalpeculiarities <strong>of</strong> the Macedonian minority. 262 This is especially relevant in light <strong>of</strong> the attempts tochallenge the existence <strong>of</strong> the minority by asserting that it has always been perceived as <strong>of</strong>Bulgarian descent, rather than “Slavo-Macedonian”. 263Human Rights Watch 264 notes that a Decree No. 332 <strong>of</strong> 1926 ordered the Slavic names <strong>of</strong>towns, villages, mountains and rivers changed to Greek names , <strong>Law</strong> No. 87 <strong>of</strong> 1936 orderedMacedonians to change their names to Greek names, while on July 15, 1927, there was adecree ordering the erasure <strong>of</strong> all old Slavic inscriptions from churches; and upon which churchservices in the Slavic language were forbidden, and Slavs (Macedonians) were forbidden to usethe Slavic (Macedonian) language. The Macedonian language was banned even in personalcommunication between parents and children, among villagers, at weddings and work parties, andin burial rituals. 265 Some authors argue that this were practices which were normally followed inby nation-states. 266 However, as the toponomy remains unchanged up to present, it can bechallenged with the argument that under Article 27, the state can require the use <strong>of</strong> names it haschosen in <strong>of</strong>ficial activities or areas, the individual use <strong>of</strong> toponomy in a minority language fornon-state functions should be free <strong>of</strong> state intervention. 267In 1959, The Government passed a law on forced giving <strong>of</strong> statements <strong>of</strong> loyalty, and inaccordance with this law the population in villages near Lerin (Florina), Kostur (Kastoria) andKailari was asked to publicly confirm that it did not speak Macedonian. 268 There are positionsaccording to which the oaths were taken by villagers after church service "under yet unknowncircumstances, probably at the initiative <strong>of</strong> local <strong>of</strong>ficials" in no more than three villages and thatthey were discontinued once they became known to authorities in Athens. 269 These acts werefollowed by an internal regulation which in 1967 banned the use <strong>of</strong> the Macedonian language anda Constitutional act depriving the Macedonians <strong>of</strong> their citizenship. 270 Besides these formal legalrules, in 1982 there was a confidential document by the Greek Ministry <strong>of</strong> public order, sector fornational security which insisted not to employ "Slav speakers" in public services in the Florina(Lerin) region. 271 The document contained information that the "Skopje idiom" was widely usedin the region <strong>of</strong> Florina and Edessa ( Voden), even by administrative employees, and that it wasestablished practice to perform songs, music and traditional dances "from Skopje." 272 Efforts aremade to diminish the effect <strong>of</strong> this document, by asserting that it was just a bundle <strong>of</strong>recommendations by a national security <strong>of</strong>ficial, and that there was no evidence if it has ever beentranslated into governmental policy. 2734.2.1 Citizenship, repatriation and restoration <strong>of</strong> propertyCitizen is “a person who, by either birth or naturalization, is a member <strong>of</strong> political community,owing allegiance to the community and being entitled to enjoy all its civil rights and protections;261 Vlassidis and Karakostanoglou, supra at 66262 See Balevski, supra at 68263 On the contestations <strong>of</strong> the separateness <strong>of</strong> the minority’s identity see generally Dean M. Poulakidas,Macedonia : far more than a name to Greece, 18 Hastings Int’l & Comp. L. Rev. 397264Human Rights Watch/Helsinki, supra at 64265 John Shea, MACEDONIA AND GREECE: THE STRUGGLE TO DEFINE A NEW BALKANNATION, 1997 London: McFarland & Co266 Vlassis and Karakostanoglou, supra at 69267 See Varennes supra at 20268 See Ortakovski, supra at 39269 Vlassis and Karakostanoglu, supra at 69270 Id,271 Balevski, supra at 68272 Id273 Vlassis and Karakostanoglu, supra at 6950
a member <strong>of</strong> the civil state, entitled to all its privileges" 274 In light <strong>of</strong> this defintion, whenanalyzing the citizenship issues, it is important to point out that the Greek legal orderdifferentiates among Greeks by origin (homogeneis,) , who are considered as Greeks regardless <strong>of</strong>their citizenship status, and Greeks who do not have Greek national descent (alogeneis), non-Greek even if they posses Greek citizenship 275 The use <strong>of</strong> the concept <strong>of</strong> allogeneis was the mostcommon method for depriving both ethnic Turks and to a lesser extent, ethnic Macedonians <strong>of</strong>Greek citizenship, during the second half <strong>of</strong> the twentieth century. 276During the Civil War (1946-49) in Greece, the Macedonians were fighting on the side <strong>of</strong> theCommunists, and as they were seen as potentially disloyal to the Greek state, on October 1, 1947Greece passed a decree for the withdrawal <strong>of</strong> their citizenship. 277 As a consequence <strong>of</strong> the DecreeNo. 2536 <strong>of</strong> August, 23, 1953 numerous Macedonians- refugees from Greece - were deprived <strong>of</strong>their Greek citizenship and their properties were confiscated. 278The Greek Nationality <strong>Law</strong>, Article 19 (repealed in 1998) read:"a person <strong>of</strong> non-Greek ethnic origin, who has left Greece with no intention to return,may be declared as having lost Greek citizenship. This also applies to an allogenis bornand domiciled abroad. His/her minor children living abroad may be declared as havinglost their Greek citizenship if both their parents and their surviving parent have lost it aswell. Decisions on these matters are reached by the Interior Minister, with the concurringopinion <strong>of</strong> the Citizenship Council" 279When it comes to repatriation, Greece passed the <strong>Law</strong> 3370/1955 on the Greek nationalityand Ministerial decree No 106841/29 Dec. 1982 on the free repatriation and return to Greekcitizenship <strong>of</strong> political refugees <strong>of</strong> the Greek Civil War. However, the acts are criticized that they"both accept as a criterion ethnic identity (genos) <strong>of</strong> the citizens and apparently contradict theGreek Constitution" 280 . In practical terms, they discriminate on grounds <strong>of</strong> ethnic origin, so inorder to apply for Greek citizenship; one would have to express possessing a Greek nationalidentity. In the Constitution, there is a basic constitutional equality clause, which guarantees "fullprotection <strong>of</strong> life, honour ad liberty irrespective nationality, race or language and <strong>of</strong> religious orpolitical beliefs" and exceptions from it are allowed only in accordance with international law.(Article 5, paragraph 2). In addition, the International Convention for Elimination <strong>of</strong> all Forms <strong>of</strong>Racial Discrimination, which Greece has ratified, in Article 5, obliges the states not todiscriminate and ensure full equality before the law in the enjoyment <strong>of</strong> certain rights, includingthe right to nationality. In that context, though the granting <strong>of</strong> citizenship is clearly a state'sprerogative, in the sense that the state is not obligated to grant it to any individual, once the statehas established a naturalization process, it must respect the human rights to equality and nondiscriminationin its policies, 281 which is applicable to restoration <strong>of</strong> citizenship as well.The realisation <strong>of</strong> property rights <strong>of</strong> Macedonians in Greece was hindered with the passing <strong>of</strong><strong>Law</strong> No. 1540 in 1985.282 The right to property is regulated in Article 17 <strong>of</strong> the Greek274 BLACK’S LAW DICTIONARY 237 (7 th ed. 1999).275 Konstatinos Tsitselikis, Citizenship in Greece: Present challenges for future changes,, University <strong>of</strong>Macedonia, Thessalonica, Greece, available at http://www.kemo.gr/gr/index.asp [hereinafter referred to asTsitselikis, Citizenship]276 Id, Tsitselikis, Citizenship277 See Ortakovski, Vladimir, supra at 39278 Id,279 See Tsitselikis, supra at 90280 Vlassis Vlasidis, Veniamin Karakostanoglou, supra 69281 See Fernand de Varennes, supra at 20282 See, Ortakovski , supra at 3951
- 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 15 and 16: duty.’ 55 In contrast to zakāt,
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- Page 25 and 26: number of awqaf for myriad public p
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- Page 29 and 30: prescribed by law. 159 Like the 192
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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
- Page 41 and 42: dimension is emphasized with Articl
- Page 43 and 44: The Copenhagen document deals with
- Page 45 and 46: Historically, the 1946 Constitution
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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
- Page 61 and 62: ECHR, and based upon this analysis,
- Page 63 and 64: Jabuka in particular, recognized as
- Page 65 and 66: the minority still face problems in
- Page 67 and 68: BibliographyBooks:BLACK’S LAW DIC
- Page 69 and 70: Vlassis Vlassidis, Veniamin Karakos
- Page 71 and 72: THE DIFFERING TAX TREATMENT OF INVE
- Page 73 and 74: …any person who, for compensation
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- Page 87 and 88: Policy ConsiderationsIn light of th
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- Page 93 and 94: CASE NOTESC A N A D I A N S U P R E
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tribunals to ensure that an appropr