The former President of the Constitutional Court of North Macedonia, Salih Murat, assessed the constitutional amendments, which are necessary for the EU membership negotiations in the country, in his analysis, in all its dimensions. We present to you the fourth part of the analysis, of which we published the third part yesterday.
TIMEBALKAN
At the end of my article, I deliberately decided to touch upon Clauses 7, Clause 48, Clause 62, Clause 78, and more precisely Amanman XII and Clause 115. Although the amendment of these Articles will contribute to the legal supremacy and democracy of Macedonia, it is also among the articles that are linked Closely linked to societies that are not in the majority, especially Turkey. These subjects include the use and formalization of languages, the protection of national identities, education in the mother tongue, the preservation and development of cultural assets, the number of deputies, representation in parliaments and committees, and finally the authority and protection of these values. in local administrations. While the framework in our current constitution preserves these values, it includes narrow, uneven approaches and a dysfunctional framework. This framework should be aligned with assurance provisions that are most useful and practical and include mandatory audits and investments.
– The right to use official languages
As he will remember, in 2001, with the Ohrid Framework Agreement and the constitutional amendments, 7 articles of the current constitution were amended with V-ci amandman. After making the parameter, the general content of Article 7 is as follows:
Macedonian and the Cyrillic alphabet is the official language throughout Macedonia.
Any other language and alphabet spoken by at least 20% of the population is counted as an official language.
Citizens from different communities also have the opportunity to obtain their identity documents in their mother tongue along with Macedonian. Identity cards, passports and all personal documents of a person are written in that person’s language and alphabet.
He can write to the local office of the central administration in the language spoken by at least 20% of any community in the state. The response of the central administration to the local office must be provided in the person’s native language and in the Macedonian language.
Besides Macedonian as an official language in the municipalities, the language and script spoken by at least 20% of the population is the official language in the municipality. The language of the community spoken in the municipality gives the power to decide on the use of these languages in public bodies in line with the decision to be made by the local administrations – the municipalities through democratic action. In other words, these languages can also acquire official status.
We need to deal with two concepts. One is the use of languages at the central level and the other is the use of languages at the local level. In both senses, we need to emphasize the achievements of international law.
– The constitutional position of the Turkish language on the central scale
We absolutely and absolutely need to articulate provisions that confer a minimum level of multilingualism at the central level in international agreements. In this article, I will try to express our fairness by citing examples from different countries.
in Austria[1] In the regions of Carinthia, Burgenland and Stkamo, Slovene and Croatian are prescribed as official languages along with German in public and judicial institutions.
Moldova[2] The State recognizes the Russian and other languages spoken within its territory and expects to preserve, develop and use these languages. The 383 laws provide for the right to education in the languages of non-majority communities and to disseminate regulations, official communications, and other information of national importance. Again, official institutions in Moldova require traditional and correct place names to be written in Russian. If the majority of the parties belong to another community in the courts (law and courts of first instance), that language is guaranteed to be used.
check[3] In Article 25 of the Constitution of the Republic of Turkey, minorities have the right to receive education in their mother tongue, to receive all kinds of information in their mother tongue and to use their mother tongue in public institutions. Administrative courts and the Constitutional Court[4] Slovak language is allowed.
The Republic of Croatia envisages the use of regional and minority languages. Croatia also has the Constitutional Law on the Rights of National Minorities[5] Available. There is also an Act on the Use of Minority Languages and the Education in Minority Languages Act. If the proportion of minorities in local and district administrations is 1/3, it is expected to be used in all work in representative offices, public institutions, administrative and judicial bodies. Street names, town centers and towns, traffic signs and other official correspondence must be written in minority languages. In the minority language used in the local and county administrations, an application can be submitted to the Constitutional Court in this language.[6].
Slovakia [7]The Constitution of the Republic provides for the right of communities with “other languages” than the official languages to use their own language in official communications with public authorities. In addition, with the Minority Languages Act and the Use of the Alphabet,[8] Discuss these rights in detail. In Slovakia, the minority language is officially used in 9 public institutions and local administrations in the minority language, if the minority is 15%.
In Luxembourg, the right to use French, German and Luxembourgish is recognized in all administrative and judicial bodies.
The Swedish state has a law on the use of separate minority languages. Members of the Sami, Finnish, and Menkieli communities who traditionally live in some areas are entitled to use their mother tongue in administrative and judicial institutions.
In Sweden, minorities, or rather communities, always have the right to use their own language in all institutions of Parliament, the Ombudsman, the Ministry of Justice, the Social Insurance Agency, the Swedish tax authorities, the Equality Authority and the entire Swedish public employment agency.
The Mexican state has a separate law on minority languages. In Mexico, the languages of 68 local people are used as official languages. The languages of the local population are equal to Spanish in all public institutions and procedures. All Mexican citizens have the right to conduct all kinds of communication, both verbally and in writing, in the language of their choice. They can apply in their native language in all administrative and civil courts.
Bosnia and Herzegovina has a separate law that protects the rights of minorities[9]. It is envisaged that the official languages will be used.
Kosovo[10] In the Republic of Turkey, both the constitution and a separate law provide for the use of languages. Albanian and Serbian are official languages in Kosovo. Turkish, Bosnian and Romanian can be used as official languages in the local administrations. In the central administration, in particular of the members of the government and of the parliament, the members and representatives of all the different deputies are entitled to use their mother tongue. All documents must be translated into their native language. They have the right to submit applications to these institutions in their native language. All laws introduced by the Parliament of Kosovo are published in the official languages and in the Official Gazette in Turkish and Bosnian. All requests to the Ombudsman can be submitted in the communities language and they are entitled to respond in that language. Article 16.2 of the law provides for the right to use the languages of the local communities in the administrative and civil courts.
Poland[11] Use of these languages is included in the state’s National, Regional, and Minority Languages Act. They have rights such as the content of personal documents in minority languages, the issuance of official personal documents, the use of minority languages in the private and public spheres, and the right to receive information in their mother tongue. In Poland, a minority rate of 20% is required in local administrations.
Based on these and similar examples, if we consider the position of the traditional languages of Turkic in North Macedonia, its broader regional position, our previously acquired rights, the principle of equality in the constitution and the prohibition of all kinds of discrimination, there should be at least a minimal use of the Turkish language in all all over Macedonia. It is imperative that we have the following rights:
- All documents and personal papers must be submitted in Turkish.
- Turkish citizens shall have the right to submit official applications to all central administrative institutions and organizations and the right to receive answers in Turkish.
- In the central government, especially the members of the government and the members and representatives of all deputies other than the majority in Parliament, shall have the right to use their mother tongue. All documents must be translated into their native language. These institutions must have the right to submit applications in their mother tongue.
- All laws proposed by the Parliament shall be published in the Official Gazette in the Turkish language as well as in the official languages.
- You shall have the right to file application petitions in Turkish in all administrative and civil courts, the court of first instance, the court of appeal, the Council of State, the Supreme Court as well as all public prosecutor’s offices.
- You must have the right to apply to the Constitutional Court in Turkish.
- Having the right to use the Turkish flag in all of Macedonia on the official holidays of North Macedonia.
- Writing street names, information and names of other institutions in Turkish as in other languages throughout Macedonia
Turkish citizens had the right to use most of these rights until 1967-1991.
More is coming…
part One:
Part two:
the third part:
Source:
[1] Austria, Vienna Convention of 1955, Article 7, Paragraph 3
[2] Paragraph 2 of Article 13 of the Constitution of Moldova
[3] Constitution of the Czech Republic, Article 25
[4] Article 33 of the Constitutional Court Law No. 182/1993 and other judicial laws provide for this.
[5] Croatian Constitutional Law on the Rights of National Minorities, OJ no. 155/2002
[6] Law on the Use of Minority Languages and Alphabets in Croatia, Article 18, Official Gazette No. 51/2000
[7] Constitution of Slovakia, Article 6, Article 32.2. B
[8] Slovakia Law on the Use of Minority Languages and Alphabets, OJ No. 184/1999
[9] Zakon o zastiti prava pripadnika nacionalnih manjina (PS BIH br.24/03-1 April 2003)
[10] Kosovo Language Use Law, no. 02/L-37, Official Gazette Issue. 1/10
[11] Law on Polish National, Regional and Minority Languages, 01/06/2005
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