Balkan Time | The former president of the American Association of Young Men, Murad, has assessed potential constitutional changes in the country.

Home » Balkan Time | The former president of the American Association of Young Men, Murad, has assessed potential constitutional changes in the country.
Balkan Time |  The former president of the American Association of Young Men, Murad, has assessed potential constitutional changes in the country.

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 fifth part of the analysis, of which we published the fourth part yesterday.

TIMEBALKAN

Turkish constitutional position in local administrations

After these criteria, 4 out of 83 municipalities in Macedonia were allowed to use Turkish as an official language. Turkish as an official language in Plasnica (97.2%), Central Juba (80.2%), Vraneştica (20.9%) and Mavrova-Rostuşe (31.1%) Local Administrations Act[1] used in municipalities.

In this direction and in line with the rights arising from the basis of the constitution, it was ensured that the Turkish language is the official language in the municipalities where Turks live less than 20% in Macedonia, through contacts and various pressure groups in the local administrations (under the leadership of the TDP). These include Gostivar (9.9%), Vrapçişte (12.3%), Meadow (6.9%), Studeniçani (19.0%) and Dolneni (19.14%).[2]. The above analyzes were handled in line with the results of the 2002 census.

Today is 2021[3] The result of the censuses announced in[4] 6 of the municipalities made it possible to use Turkish as an official language. Turkish is required for use as an official language in the municipalities of Plasniça (97.67%), Merkez Jupa (77.90%), Mavrova-Rostuşe (32.55%), Karbinci (24.40%), Konçe (22.66%) and Vasilevo (20.05%). The total number of Turkish residents in these municipalities is 17,467. According to the current law, 65,976 Turks, or 79.06% of Turks, are exempt from using their language.

In this direction and in line with the rights arising from the Constitution, the municipalities in which Turks live are less than 20% after the results of the 2021 census in Macedonia.[5]Through various contacts and pressure groups in the local administrations (under the leadership of the TDP), Turkish became the official language in these municipalities. Among them Justifar (9.42%)[6]Frapsiste (12.95%)[7]meadow (6.57%)[8]Studenicani (14.05%)[9] and Dolny (18.70%)[10] Located. Decisions are included in municipal laws. When examining the laws, it is seen that in some municipalities the Turkish language, the seal and the Turkish flag are officially used. “Local language policies of non-majority communities” concerning the formalities, proportion, practical applications and difficulties of languages ​​of communities living less than 20% in municipalities, with decisions of municipal councils.[11] In his work, he deals with these values ​​in a very analytical manner.

  • “Turks will enjoy their natural and legal rights by reducing the 20% limit contained in Article 7 of the Constitution to 10%.”

From this point of view, using the above practical examples (the formalization of the Turkish language by decision of the Municipal Council) as evidence, in line with the provisions of Articles 8, 9 and 48 of the Macedonian Constitution, European Charter for Regional and Minority Languages ​​- Convention Based on Article 10 of the current constitution, a proposal was made to reduce the 20% that is in Article 7 of the current constitution to 10%, and the Turks will certainly have the natural and legal right with acceptance. from this proposal. Our guarantee document in this regard is the Macedonian Constitution (Articles 8, 9 and 48 of the current Constitution can be used as a basis).

Of course, the question can be asked what kind of results will be obtained if such an offer is accepted.

Currently, Turkish presence is more than 20% in 6 municipalities across Macedonia and Turkish language is counted and used as the official language in these municipalities (in practice, it is seen that there are various problems with the use of Turkish language in almost all of these municipalities and not enough progress has been made).

Looking at the current population rates for 2021, Turks live in 8 municipalities in total, above 10%. Among these municipalities are Dolni (18.70%), Debre (16.74%), Radović (15.47%), Studenicani (14.05%), Valandovo (13.44%), Frapşeşte (12.96%), Resin (11.31%) and Demirkapi (10.08%). ) %) municipalities. The total Turkish population in these municipalities is 21,188.

On the other hand, based on the Constitution and Article 10 of the agreement that we mentioned, and working on the principle of “traditional use of languages” and in line with the decisions that will be taken by the municipal councils, there will be a legal basis and an opportunity to formalize the Turkish language in 10 municipalities where Turks live above 5 %. Thus, Gostivar (9.42%) Lozovo (9.77%) Bihčevo (7.12%) Dojran (6.95%) Subest (6.73%) Medo (6.57%) Struga (6.21%) Kirchová (5.72%) Makdonski Brod (5.44) %)) and Bosilovo municipalities (5.41%), it will be possible to make Turkish the official language. (In Gostivar and Çayır, this right was obtained even though it was less than 10%). The total number of Turkish residents in these municipalities is 27,975.

If we take a look at these developments in the past 20 years, we are faced with a very interesting picture. In 5 municipalities, the Turkish language is used as an official language by the decisions of the municipal councils. Although the percentage of Turks is more than 10% in 3 of these municipalities (Vrapçişte, Dolneni and Studeniçani), and the percentage of Turks is less than 10% in 2 municipalities, Turkish is used as an official language with the decisions of the municipal councils (Gostivar and Gayer). Again, if I’m not mistaken, these two municipalities are among the municipalities that have made the most progress in the official use of Turkish (Gostivar and Çayır). When we look at this table again, it turns out that the municipalities in which the right to use the Turkish language is recognized by a decision of the municipal councils are the municipalities in which Albanians are in the majority or in power. On the other hand, no step has been taken in any municipality where Macedonians are in the majority or in power (for example, no such step has been taken despite the high proportion of Turks living in the municipalities of Radović, Valandovo or Resen). This right is not recognized in any municipality in these regions.

  • If the proposal is accepted, Turkish will become official in 14 of the 80 municipalities.

As a result, with the realization of this schedule and the proposal, the Turkish language will be the official language in 14 of the 80 municipalities in Macedonia, and we will have the right to claim this right in most of the municipalities where the percentage is less than 10%, and with that, the Turks who live in these Regions have the opportunity to use their native language officially on a local basis.

No, if the parameters are not set in this article, all Turkish institutions and organizations will use examples from 5 municipalities in practice as a guide, and the municipality, whose rates are 10% higher and lower (as in the example of Gostivar and Çayır) to use Turkish as an official language on a local basis , and it would not be wrong to say that we have a national and moral obligation to apply to the councils on the legal basis we mentioned above, and to fight to ensure these.

– “Turkish has been among the largest and most widely spoken traditional languages ​​in these lands for centuries”

To change this article, it is absolutely necessary to take steps to secure and realize the ideals and principles that constitute their common heritage, and which are among the aims of the Macedonian Council of Europe. The history of Europe, which is now in danger of being partially extinct and declassified, has contributed greatly to the preservation and development of Europe’s greatest cultural wealth and the traditions of regional and minority languages. As it will be remembered, the discrepancy used in this agreement[12] Emphasis is placed on the use of languages. Turkish language has been among the largest and most widely spoken traditional languages ​​of these lands for centuries. When we are about to change this article, it is absolutely necessary to pay great attention to the provisions of Article 7 (Objectives and Principles) of the contract we mentioned. The content of this article presents solutions to problems in the formalities and usage of the Turkish language today.

Article 8 of the contract contains provisions relating to education. This article should be read well in amending both Article 7 and Article 48 of our Constitution and act in accordance with its content.

Article 9 of the Convention contains provisions on the use of regional and minority languages ​​in judicial institutions. It is envisaged that in municipalities where the Turkish language is official, it will be possible to use it in judicial institutions. All applications to the courts must be submitted in Turkish. This article contains provided official documents. Accordingly, there is no obstacle to ensuring that all official and personal documents are issued in Turkish throughout Macedonia. This right and access to this right shall not be subject to any restrictions or attributions. The provisions of this Article shall be reflected in the provisions of Article 7 of our Constitution.

Article 10 of the Convention includes the use of regional and minority languages ​​in administrative authorities and public services. States are responsible for ensuring this right. The use of languages ​​includes software and formalities. This element is among the ones that contain most of our problems. The provisions of this Article shall be reflected in the provisions of Article VII of our Constitution.

Article 11 of the agreement includes provisions relating to the media. Article 12 covers cultural activities and services. The contents of these materials include the amendments to be made to Article 48 of our Constitution.


[1] Articles 89 and 90 of the Local Administrations Law (Official Gazette MC No. 5/2002)

[2] Ibrahim Murad, The Difficult Journey of Turkey in Macedonia, 09.07.2019 2015 The New Balkan Newspaper

[3] Results of the 2021 Census of the Republic of North Macedonia.

[4] RESTORIESHAALNI EDINICITI- DRGAVEN SUVOD SUSTATTISTICA, 07/01/2019 гode.

[5] Law on Community Rights in the Republic of North Macedonia with a Population Less Than 20% (Official Gazette KMC No. 18/2000, Article 9

[6] Gostivar Municipal Council’s decision to use Turkish as an official language on 07/23/2009

[7] Vrapçişte Municipal Council’s decision to use Turkish as an official language on 05.01.2007

[8] The decision of the Municipal Council of Cair to use the Turkish language as an official language on 10.17.2013

[9] The decision of the Studenicani Municipal Council to use the Turkish language as an official language on 4/29/2013

[10] Decision of Dolnini Municipal Council to use the Turkish language as an official language on 12/03/2005

[11]ovan Blaznakovski, National Security Council, CSNE, April 2014

[12] European Charter for Regional and Minority Languages ​​- Convention, Scope of Objectives

More is coming…

part One:

Part two:

the third part:

the fourth chapter:

Source:


[1] Ibrahim Murad, The Difficult Journey of Turkey in Macedonia, 09.07.2019 2015 The New Balkan Newspaper

[2] Results of the 2021 Census of the Republic of North Macedonia.

[3] RESTORIESHAALNI EDINICITI- DRGAVEN SUVOD SUSTATTISTICA, 07/01/2019 гode.

[4] Gostivar Municipal Council’s decision to use Turkish as an official language on 07/23/2009

[5] Vrapçişte Municipal Council’s decision to use Turkish as an official language on 05.01.2007

[6] The decision of the Municipal Council of Cair to use the Turkish language as an official language on 10.17.2013

[7] The decision of the Studenicani Municipal Council to use the Turkish language as an official language on 4/29/2013

[8] Decision of Dolnini Municipal Council to use the Turkish language as an official language on 12/03/2005

[9]ovan Blaznakovski, National Security Council, CSNE, April 2014

[10] European Charter for Regional and Minority Languages ​​- Convention, Scope of Objectives

Random Post